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Home My WebLink About12-11-23 City Council Meeting Agenda PacketAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO December 11, 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 December 11, 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 December 11, 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 Study Session Notes, November 6, 2023 City Council Meeting Minutes, November 13, 2023 Study Session Notes, November 20, 2023 City Council Meeting Minutes, November 27, 2023 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Wheat Ridge 102 Graduation 2. Introduction of new Police Recruits 3. Recognition of Wheat Ridge High School Soccer League Champions 4. Recognition of Wheat Ridge High School Varsity Poms League Champions PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Motion to adopt the 2024 City Council Meeting calendar b. Motion to extend the contract for professional services with AECOM Technical Services Inc., in an amount not to exceed $1,903,103 and approving subsequent payments for ongoing program management services for the Investing 4 the Future program c. Resolution No. 54-2023 – a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $90,000 for the purpose of funding the Anderson Building boiler replacement d. Motion to award a contract and approve subsequent payment of $106,713 to Progressive Commercial Aquatics for pipe and skimmer leak repairs at the Anderson Pool PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 29-2023 – an ordinance approving the rezoning of properties located at 3650 and 3660 Wadsworth Boulevard from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use Neighborhood (MU-N) 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 ORDINANCES ON FIRST READING 6. Council Bill No. 33-2023 – an ordinance amending Section 11-52.5 of the Wheat Ridge Code of Laws concerning membership of the Wheat Ridge Liquor Licensing Authority DECISIONS, RESOLUTIONS, AND MOTIONS 7. Motion to award a contract and approve subsequent payments to CZB LLC, in an amount not to exceed $400,000 for professional services for the Comprehensive Plan update 8. Motion to approve installation of Traffic Calming Devices on Estes Street, from 35th Avenue to 38th Avenue, and Lamar Street from 26th Avenue to 29th Avenue, in accordance with the requirements of the Neighborhood Traffic Management program 9. Resolution No. 55-2023 – a resolution approving a trail maintenance agreement with Sisters of Charity of Leavenworth Health System, Inc. (SCL Health) 10.Resolution No. 56-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $9,934 for the purpose of accepting donations to fund the Wish for Wheels event CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting November 6, 2023 Mayor Starker called the Study Session to order at 6:30 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. Mayor Starker welcomed the Council, other elected officials, staff, guests and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Scott Ohm, Judy Hutchinson, Korey Stites, Amanda Weaver, Leah Dozeman, Valerie Nosler Beck, and Rachel Hultin. Also present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; Deputy City Manager, Allison Scheck; Jefferson County School District, COO Jeff Gatlin; COS, Lisa Relou; other staff and interested residents. Public’s Right to Speak Kat Martell, 6455 W. 31st. came to discuss sustainability programs and to recommend that an expansion of those efforts would improve our quality of life. She also wants to involve the Cultural Commission in projects related to agriculture as well as art and culture. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. Update from Jefferson County School District Issue On November 10, 2022, the Jeffco School Board voted to close sixteen elementary schools, of which, there served Wheat Ridge students. New Classical Academy at Vivian was closed and has consolidated with Stober. Wilmore-Davis has closed and has consolidated with Stevens. Kullerstrand has closed and has consolidated with Prospect Valley. Jeff Gatlin, Chief Operating Officer, and Lisa Relou, Chief of Staff, from the Jefferson County School District, will provide an update to City Council concerning the disposition of the closed schools at the November 6th study session. This item is intended to be informational only. Therefore, there are no specific recommendations from staff and no specific direction requested of Council. Staff Reports Jeff Gatlin, Chief Operating Officer, and Lisa Relou, Chief of Staff, from the Jefferson County School District, provided an update to City Council concerning the disposition of the closed schools. Mr. Gatlin reminded everyone of the items that required these actions, which included but was not limited to: • JeffCo residents have grown by 55,854 but school-aged children has declined by more than 29,000. • The District, for a multitude of reasons, has lost more than 5,000 students between 2019-2022. • Finances and operation challenges need to be addressed. Other items included the following topics: • Regional Opportunities for Thriving Schools • Property Disposition Process • Community Engagement Priorities • Roles and Responsibilities • Target times for Solicitation CM had comments and questions: Several CM and the Mayor thanked Mr. Gatlin and Ms. Relou for the informative presentation. CM engaged in a discussion and exchange of questions and proposals with the representatives from Jefferson County Schools. CM asked a number of questions about the future uses of the closed elementary schools. The discussion focused on the process of declaring properties surplus, and how a municipality might obtain ownership of one of those properties. CM also asked whether the closed schools might be held by Jeffco Schools in reserve for the potential need of more classrooms in the event our population of school age children increases. CM also opined that the lack of communication and community engagement was a serious problem earlier this year. How has the feedback on those events and lack of community involvement been received by the school administration? CM engaged in a detailed discussion about the future prospects of the City acquiring a closed school property. CM also discussed where the funds would go a school in WR that has closed is sold. The school representatives also discussed the proposed improvements to Wheat Ridge High School, to renovate several parts of the facility that have not been upgraded in 50 years. 3. Staff Report(s) Mr. Goff announced that our grant application for improvements in The Green has received favorable response, an $850,000 grant! 4. Elected Officials’ Report(s) City Clerk Kirkpatrick announced an open seat in District III on the Cultural Commission where applications should be received by November 19, and he reminded everyone to make sure they got out and voted. Election day is tomorrow with the ballot boxes and voter service polling centers open from 7am-7pm, and residents may register to vote and cast a ballot as late as 7:00 pm, if they are in line to vote at 7:00 pm. CM Hultin reported on progress and new opportunities at Happiness Gardens. MPT Stites reported on an event he attended. CM Weaver noted that her goat herd makes great garden compost. CM Nosler Beck commented on the school district presentation. CM Dozeman reminded us of the Turkey Trot; registration ends on November 15. CM Ohm thanked the staff for all of their hard work, and thanks to his neighbors for their engagement with the City. CM Hutchinson thanked staff for their hard work after the last snowfall. Mayor Starker recognized and thanked the speakers from the school district. Saturday, November 11 is the next Coffee with the Mayor. ADJOURNMENT to Special City Council Meeting The Study Session adjourned at 7:45 pm. APPROVED BY CITY COUNCIL ON December 11, 2023. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  November 13, 2023  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  Mayor Starker called the Regular City Council Meeting to order at 6:32 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Judy Hutchinson Scott Ohm         Rachel Hultin           Janeece Hoppe Amanda Weaver     Korey Stites       Leah Dozeman Valerie Nosler Beck Following the Oaths of Office: Outgoing CM Judy Hutchinson and Valerie Nosler Beck retired with the end of their terms. Newly sworn CM Dan Larsen and CM Jenny Snell joined the other CM to conduct business for the duration of the meeting. Also present: City Clerk Steve Kirkpatrick; City Manager Patrick Goff; City Attorney Gerald Dahl; Deputy City Manager, Allison Scheck; Municipal Court Judge Christopher Randall; Police Chief, Chris Murtha; Director of Public Works, Maria D’Andrea; Director of Community Development, Lauren Mikulak; other staff, guests and interested citizens.  APPROVAL OF MINUTES • Study Session Notes of October 2, 2023 and October 16, 2023 • City Council Meeting Minutes of October 9, 2023 • Special City Council Meeting Minutes of October 16, 2023 The above Notes and Minutes were approved without changes. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES Recognition of outgoing elected officials Mayor Starker presented CM Valerie Nosler Beck and CM Judy Hutchinson with years of service plaques and framed photographs, to recognize their service for the past four years. Mayor Starker thanked the outgoing Councilmembers for their dedication and service to the City of Wheat Ridge. He recognized the voters of Wheat Ridge for their participation in our democracy. He recognized all of the candidates – noting that running for office and serving the City are not easy things to do. Oath of office for newly elected officials Judge Christopher Randall administered the statutorily prescribed Oath of Office to Gretchen “Jenny” Snell as Councilmember District l, Rachel Hultin as Councilmember District ll, Korey Stites as Councilmember District lIl, Daniel “Dan” Larson as Councilmember District lV, and Steve Kirkpatrick as City Clerk. Chris Miller, Treasurer, was absent while traveling abroad; he will take the oath upon his return. The new sworn and returning officials took their places on the dais. Proclamation recognizing Small Business Saturday Mayor Starker read the proclamation, which highlighted the critical role small businesses play in employing 46 million people and contributing to local economies and communities. Tad Overstreet accepted the proclamation on behalf of all the small businesses in the City. Proclamation recognizing National Native American Heritage Month Mayor Starker designated the month of November as National Native American Month acknowledging how Native Americans have enriched our heritage and continue to add to all aspects of our society through their generosity of culture and the continued practice of teaching economic, environmental, and cultural sustainability. Director of Parks and Recreation Karen O’Donnell accept the proclamation and thanked the Mayor and Council for recognizing our First Nations peoples. She also reported on the progress made to recognize the Peoples who Proclamation recognizing National Veterans and Military Families Month Mayor Starker proclaimed November 2023 as National Veterans and Military Families Month where our veteran and military families do so much and ask for little. They are strong and adaptable, changing course to accommodate the needs of our country, often foregoing personal wishes. They are capable and proud, holding down the home front during their loved one’s deployments, coping through their absence, knowing the risk but providing unwavering support, and helping them readjust when they come home. Officer Sean Meck, a US Marine veteran, and former Community Service Officer accepted the proclamation on behalf of our veterans on the WRPD, among the City staff, and residents in our City. PUBLIC’S RIGHT TO SPEAK Candice Townsend, a familiar Wheat Ridge resident, came to speak about the impact of the Wadsworth redevelopment project. She specifically noted the impact of traffic re-routing through neighborhoods and creating pedestrian hazards. The actions taken to date are not effective. The traffic data map has not been updated since February 2023. A series of resident phone calls in June did get some responses, but not a sufficient response. The situation is very frustrating. She asked that the City develop a better plan and designate a project manager as a point of contact. Immediately following, an unknown number of individuals, who had signed on via the Zoom app, began to express their thoughts per Public’s Right to Speak. Using pseudonyms and false addresses, they made a series of 3-minute statements promoting ideas that our CM, Mayor, Clerk, Treasurer and Executive Management Team found objectionable. The Mayor declared a short recess to confer with CM and the City Attorney. Upon the Mayor’s recall of the meeting to order again, Motion by CM Hoppe to suspend the rules and limit the public right to speak to 1 minute per speaker and limit additional speakers in aggregate to 10 minutes, until 7:55 pm. Seconded by MPT Stites, motion passed 8-0. There followed another series of objectionable comments, again by members of the same group, which ended per the motion to suspend the rules at 7:55 pm. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item.  The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening.  The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). No comments appeared in WR Speaks for this session of Council. 1. CONSENT AGENDA MPT Stites introduced the consent agenda. a. Motion to approve the purchase and payment of Tyler Technologies E- Citation/Summons Zebra printer hardware and Brazos software for an initial total not to exceed $142,340. Issue Staff recommends the purchase of 26 Zebra Printers with batteries and chargers and accompanying Brazos E-Citation/Summons software for the City of Wheat Ridge Police Department. Staff has secured negotiated contract terms and pricing under the Sourcewell Master Agreement with Tyler Technologies. b. Motion to approve the purchase of salt materials for snow and ice control on city streets from Independent Salt Company in a total amount not to exceed $140,200. Issue The city purchases and applies deicer materials each year as part of its snow and ice control efforts. The city has participated in a cooperative bidding process through the Colorado Multiple Assembly of Procurement Officials (MAPO) to obtain the best pricing. The city will utilize a City of Fort Collins contract with Independent Salt Company to purchase materials for the remainder of 2023 and the 2024 snow season in an amount not to exceed $140,200. c. Resolution No. 49-2023 – a resolution approving a Transportation Alternatives Program grant agreement with the Colorado Department of Transportation. Issue The Parks and Recreation Department applied for and was awarded $951,709 from CDOT’s Transportation Alternatives Program for improvements along the Clear Creek Trail in 2025-2026. City Council approval of the enclosed grant agreement is required to accept the funds. d. Motion to amend the contract with Sunland Asphalt and Construction, LLC for the Recreation Center Parking Lot Repair project to allow for an additional amount of $190,000 for a total not-to-exceed amount of $809,400.42. Issue A contract for the repair of the Recreation Center parking lot was approved by the City Council in June 2023 in the amount of $485,900.72 plus a staff-managed contingency of $48,500 for a total not-to-exceed contract amount of $534,400.72. Subsequently, the City Council approved additional contingency amounts of $85,000 for additional items associated with ADA modifications, electrical vehicle striping, and drainage improvements. Calculation of actual quantities for pavement removal and installation as well as the underlying geotextile fabric have resulted in the need for increased contract amount of $190,000. This would increase the total not-to-exceed amount of the contract to $809,400.72. e. Motion to cancel the December 18, 2023 City Council study session. Issue The City Council Study Session of December 18, 2023 currently does not have any scheduled agenda items. To provide time for City Council and Staff to prepare for the holidays with family and friends, and seeing there are no items currently scheduled for this date it is recommended that City Council cancel this meeting. Motion by MPT Stites to approve Consent Agenda Items a.), b.), c.), d.), and e. seconded by CM Dozeman, motion carried 8-0. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 27-2023 – An Ordinance approving the rezoning of property located at 10800 W. 48th Avenue from Agricultural-One (A-1) to Residential-Two (R-2). CM Dozeman introduced Council Bill 27-2023. Issue Wei Lian Fu is requesting approval of a zone change from Agricultural-One (A-1) to Residential-Two (R-2) for the property at 10800 W. 48th Avenue. The applicant is the current owner of the property. The zone change will result in a zoning that encourages investment in the site and will enable the land use to become more conforming with the zoning. The Mayor opened the public hearing, which is quasi-judicial. City Attorney Dahl discussed CM Larsen’s previous handling of this item when he served on the Planning Commission. Motion by CM Hoppe to not excuse CM Larsen from voting on this item, seconded by CM Ohm. After due discussion and deliberation, Council voted to allow CM Larson to participate in the discussion and vote on this item: Ayes were 6; CM Dozeman voted Nay and CM Larson abstained by voting present. The City Attorney then asked CM Larsen several questions relating to his impartiality, and thereafter declared he is satisfied CM Larsen is qualified and able to participate in this item. Staff Presentation Planner II Alayna Olivas-Loera gave a detailed presentation which included the background where the property is located on the south side of the West I-70 Frontage Road and just northwest of the intersection of W. 48th Avenue and Oak Street. According to the Jefferson County Assessor, the site is approximately 30,536 square feet (0.701 acres). The property currently has one single-unit dwelling built in 1955 and some outbuildings. The property does not meet the one-acre minimum lot size requirement for the Agricultural-One (A-1) zone district and is currently legally nonconforming in terms of lot size. The applicant stated that the property is largely unoccupied at this time. Afterwards she stood by to answer any questions. Public Comment There were none tonight. Council Questions and comments: CM had few comments, having recently reviewed the details of this item in a Study Session. The Mayor closed the public hearing. Motion by CM Dozeman to approve Council Bill 27-2023 – an ordinance approving the rezoning of property located at 10800 W. 48th Avenue from Agricultural-One (A-1) to Residential-Two (R-2), on second reading, and that it takes effect 15 days after final publication, seconded by MPT Stites, motion carried 8-0. CM Hoppe commented that the recent Bulk Plane policy will apply well to this property. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 3. Council Bill 28-2023 – An Ordinance amending Article VII of Chapter 26 of the Wheat Ridge Code of Laws, concerning the city’s billboard requirements, and making conforming amendments therewith. CM Ohm introduced Council Bill 28-2023 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. Staff Presentation There was none as this is a bill on first reading. Public Comment No one came forward as this item sets the date and time for the public hearing on this ordinance at the indicated date and time. Motion by CM Ohm to approve Council Bill 28-2023 – an ordinance amending Article VII of Chapter 26 of the Wheat Ridge Code of Laws, concerning the city’s billboard requirements, and making conforming amendments therewith, on first reading, order it published, public hearing set for Monday, November 27, 2023 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect 15 days after final publication, seconded by CM Weaver, motion carried 8-0. 4. Council Bill 29-2023 – An Ordinance approving the rezoning of properties located at 3650 and 3660 Wadsworth Boulevard from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use-Commercial (MU-N). CM Hoppe introduced Council Bill 29-2023 Issue Batt Cave LLC is requesting approval of a zone change from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for the properties at 3650 and 3660 Wadsworth Boulevard. The zone change will result in one zoning across both parcels, will provide a continuation of the MU-N zoning from the east, and reflects both the transitional nature of this location and the character of the Wadsworth Corridor. Staff Presentation There was none as this is a bill on first reading. Public Comment No one came forward as this item sets the date and time for the public hearing on this ordinance at the indicated date and time. Motion by CM Hoppe to approve Council Bill 29-2023 – an ordinance approving the rezoning of properties located at 3650 and 3660 Wadsworth Boulevard from Restricted- Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use-Commercial (MU- N), on first reading, 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, seconded by CM , motion carried 7-0, with CM CM Larsen abstained, as he considered this item while serving on the Planning Commission. Further discussion will occur during the public hearing. DECISIONS, RESOLUTIONS AND MOTIONS There were none tonight. CITY MANAGER’S MATTERS Mr. Goff had nothing further. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS CM universally and emphatically expressed their rejection and abhorrence of the comments delivered by unknown persons participating in a ploy to use their First Amendment right to speak to spread hate and fear. CM Hultin read again the Proclamation made in June 2020 declaring our opposition to any and all forms of prejudice, racism and hate based on any characteristic or condition. CM Hultin then gave another update on Happiness Gardens. She heard the citizen who came tonight to complain about traffic in District II local streets as a result of the construction along Wadsworth. She asked staff for a report on actions taken and results observed. CM Snell thanked the voters for giving her this opportunity to serve. She thanked CM Hultin for reading the proclamation. CM Dozeman again recognized the CM whose terms ended this evening and those who joined Council tonight. She opined that the right to speak does not reduce the disappointment in tonight’s meeting. CM Larsen thanked the people of District IV for their confidence in him and the opportunity to serve. CM Ohm echoed what his peers had already stated. CM Weaver welcomed the new CM. She expressed dismay at tonight’s callers and reassured others that WR is still a safe space. CM Hoppe welcomed the new CM and thanked those who have served. MPT Stites echoed others condemnation of tonight’s callers. He also welcomed the new CM and thanked the CM whose terms ended this evening. ADJOURNMENT The meeting adjourned at 8:38 pm. APPROVED BY CITY COUNCIL ON December 11, 2023 _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting November 20, 2023 Mayor Starker called the Study Session to order at 6:32 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. Mayor Starker welcomed the new Councilmembers, other elected officials, staff, guests and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Janeece Hoppe, Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larsen (virtually), and Rachel Hultin. Also present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick; Deputy City Manager, Allison Scheck (remotely); Director of Community Development, Lauren Mikulak; City Attorney, Jerry Dahl; Kirsten Armstrong, Municipal Court Administrator; other staff and interested residents. Public’s Right to Speak Dawn Underwood, 4601 Teller St. – called to follow-up on promises and procedures discussed in a recent District III meeting. She had specific suggestions related to the first item on tonight’s Agenda. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. The following comment appeared in Wheat Ridge Speaks for tonight’s meeting: November 20, 2023 City Council Meeting Item No. 1 - MEMO - Legal Notice for Public Hearings Posted by Jordan Lan Nov 19, 2023 at 11:19am Address: 6615 w 45th Ave Wheat Ridge, 80033 Comment An option the city might consider is providing email notification or online forums where residents can sign-up to receive notifications or review inventory of ongoing activities for certain types of city business e.g., major rezoning, land transactions, or large outlays. An existing platform such as "What's Up Wheat Ridge" could potentially be utilized with limited cost. While this information is technically available in other places, it requires residents to actively monitor study session and city meeting minutes. This can lead to poorly managed expectations among affected residents, as noted in the Study Session Memorandum. A commonly applied email notification policy would provide a 'push' approach. Residents with interest would be provided electronic notification for all activities of a certain type or threshold, rather than the existing 'pull' approach where residents outside the legally defined notification area must seek the information themselves. To avoid any issues with due process, these electronic notifications could apply to all activities of a certain type and therefore remove any issues with ambiguous definitions of notifications areas. Since these issues are largely public information there may be limited privacy concerns. 1. Public Notice Requirements for Development Related Applications Issue The purpose of this study session is to discuss how the public is informed of quasi- judicial public hearings and specifically to revisit the code and process associated with letter notice. This memo summarizes recent code updates, recent procedural changes, and the recent rezoning application that prompted this discussion. To the extent there is interest in revising letter notice, analysis of several options was provided. Staff Reports Community Development Director, Lauren Mikulak, and City Attorney Gerald Dahl presented the issue and summarized background on the issue, where for several years, the City Council and staff have prioritized improvements in public information and engagement. At the strategic planning retreat in February 2021, the City Council identified “new community engagement efforts and education” as a priority. A workplan related to this priority was discussed in May 2021, and accomplishments since then include the launch of What’s Up Wheat Ridge, creation of an internal Community Involvement Task Force, the Let’s Talk program, the Wheat Ridge 101/102 program, and the redesigned City website. Ms. Mikulak also stated that over the last four years, notice and engagement has evolved specifically related to the topics of private development and quasi-judicial public hearings. Changes in practice and in code have improved the City’s ability to inform and engage the public by providing more options and by better aligning with best practice. Discussion on the items were summarized but are not limited to: 1. Code Updates 2. Letter notice has been expanded in two ways through recent code amendments. 3. Sign notice was improved and expanded in October 2020. 4. New Practices. The City has long adhered to the codified notice requirements with a “no more, no less” philosophy to ensure due process rights and predictability. This is, in fact, a bedrock principle of due process—the notice requirements cannot vary on a case-by-case basis. The purpose of the November 20 study session discussion is to revisit letter notice requirements and determine whether the code should be updated in general or to address the specific fact pattern described above. In consultation with the City Attorney, staff provided several options for discussion: 1. Expand letter notice for known assemblages. 2. Expand letter notice for adjacent property under singular ownership. 3. Expand letter notice in general. 4. Expand letter notice in general. 5. No action. Ms. Mikulak finished by saying she is not recommending any change but is committed to providing good public notice and is open to analyzing any proposed option, which will depend on the direction provided by Council. Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff including: • Several CM expressed their thanks for the staff efforts on this complex issue. • A detailed discussion of the practical operation, legal requirements, and outcome desires for resolving this issue. o CM Stites recalled prior meetings and suggested ways to alert residents and ways to deliver notices to residents near a construction or development projects. o He and CM Hoppe discussed balancing the notice area (a number of feet from the edge of the topic location) ranging from 300 feet, (currently), to 600 feet or 1,000 feet. o CM also discussed having developers and contractors defray some or all of the cost for mailing notices. o The current communication process specifically related to the current projects in the vicinity of 44th Ave and Wadsworth, revealed gaps in the notice process in the opinion of residents. o CM and staff discussed pros and cons of various methods of conveying the notifications going forward including but not limited to notices in newspapers, email, US Mail, community meetings, and city publications. CM Hoppe proposed a consensus to direct staff to move forward to increasing the notice radius to 1000 feet, requiring contractors and developers to defray a part of the cost, and apply this policy to notices of all relevant Planning Commission, resident assemblies and Council items. Consensus attained. CM Hultin proposed a consensus that assemblage or potential assemblages are included in the resident notification process. Consensus attained. 2. Appointment Process for Presiding Judge Issue Christopher Randall has served Wheat Ridge as presiding judge of the city’s municipal court since January 1, 2002. Judge Randall submitted his resignation on October 3, 2023, effective December 31, 2023. Per Sec. 14-6 of the Code of Laws, Mayor Starker has appointed Judge Paul Basso as the substitute municipal judge effective January 1, 2024, until a presiding judge is appointed by Council. Judge Basso serves quite frequently as a relief judge and administrative hearing officer for Wheat Ridge Municipal Court and is very familiar with the City’s court functions. Staff requests direction from Council on the path forward to select and appoint a presiding judge in 2024. Staff Reports Deputy City Manager Alli Scheck provided City Council prior actions and the municipal courts financials where City Council appointed Judge Christopher Randall effective January 1, 2002. Under the Charter, the Municipal Judge serves a two-year term and may be reappointed. Council has consistently reappointed Judge Randall for two-year terms with the most recent two-year contract approval on July 24, 2023. Also relayed was the 2024 Municipal Court budget where approximately $1.2 million includes pay for the contracted presiding judge, relief judges, twelve employees and all expenses related to the functioning of the court. Currently, the presiding judge is classified as a non-exempt employee at a rate of $102.83 per hour plus medical benefits, director-level retirement, holidays, and paid time off. Discussion included but was not limited to: • Charter and Code Considerations. • Duties of the Presiding Judge. • Structure and Staffing of Municipal Courts in Colorado Communities. Other items included the following topics: • Administrative Functions • Judicial Functions • Administrative Management Model • Judicial Management Model Ms. Scheck also spoke on how staff had researched how other cities obtain judge services, either by issuing a Request for Proposals (RFP) or posting job openings. Brighton, Louisville, and Northglenn have previously used RFPs, while Littleton and Fort Collins opted for job postings. Fort Collins employed a recruiting firm to manage the hiring process, consistent with their standard practice for all council appointed positions. Regardless of how the city attracted applicants, each City Council interviewed candidates and selected an appointment. Ms. Scheck finished the presentation with options for consideration which included: Administrative versus Judicial Management Structures 1. Continue with the current staffing structure. In this scenario, the presiding judge acts as the department director for the municipal court and directly manages the staff. 2. Migrate to an Administrative Management Model Council could assign hiring and personnel management activities to the court administrator under the direction of City management, while still aligning with the Charter giving assignment of general supervision of the court personnel to the presiding judge. Staff recommends this option. Presiding Judge Recruitment 1. Direct staff to issue a widely distributed RFP or job posting to find interested candidates for the role of presiding judge. Staff recommends this option. 2. Consider Judge Basso as a replacement for the presiding judge based on his experience and job qualifications. Review Committee 1. Review all applications and conduct interviews by the entire City Council. 2. Establish a search committee which could be composed of elected officials, staff and community members who would provide a list of finalists(s) to City Council for consideration. Staff recommends this option. 3. Direct staff to review applications and provide a finalist recommendation to City Council for consideration. CM had comments and questions: Several CM and the Mayor thanked Ms. Scheck for the informative presentation. CM engaged in a discussion and exchange of questions and proposals with the staff and among themselves. They discussed methods and processes for recruiting, interviewing, vetting, hiring and formally appointing a new municipal judge. CM Hoppe proposed a consensus to move forward with the staff recommendations, move to a management administration, to create a committee to conduct the search. Consensus attained. 3. Staff Report(s) Mr. Goff announced that there are ongoing discussions about new procedures and rules to apply during Public’s Right to Speak. CM, Mr. Dahl, and the staff discussed options for setting policy and procedures for future meetings. The discussion addressed whether video images of incoming callers is a good idea; the process of registering to speak at a meeting; when the window to register opens and when it closes; and possible changes to Council Rules. The Mayor and Mr. Dahl suggested that Council include new rules in a future Study Session. CM Stites proposed a consensus to require pre-registration to speak at Council and allow people to sign up as late as 6 pm. Consensus attained. 4. Elected Officials’ Report(s) CM Hultin reported on her attendance at the National League of Cities, where Wheat Ridge was recognized as a 50-year member of NLC. Among the things she learned is that other cities are interested in how we do things here in WR. CM Hultin also commented on her reactions to last Monday’s meeting. MPT Stites attended the WR Business Council last week and attended a ribbon cutting to celebrate a one-year anniversary of a local business. CM Snell mentioned that she attended the Feed Yourself Fund annual Turkey Trot. She enjoyed the event and the relatively small size of the crowd. She also reported that the Backpacks for Success was a resounding success. CM Weaver reported that she processed the untoward event at last weeks meeting by immersing herself in moving her goat herd. CM Dozeman also attended the Turkey Trot, and echoed CM Snell’s comments. Mayor Starker recognized and thanked the staff who made presentations this evening. He was honored to cut the ribbon at the I-70 and Kipling project. He and others went to the Service Ambassadors to Youth breakfast. He participated in a mayor’s roundtable last week in Arvada and enjoyed the program and conversations. He also attended two ribbon cuttings last week. He said he heard a lot of supportive comments about how we handled the events in last week’s meeting. Happy Thanksgiving to all. ADJOURNMENT The Study Session adjourned at 8:27 pm. APPROVED BY CITY COUNCIL ON December 11, 2023. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  November 27, 2023  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jenny Snell Scott Ohm         Rachel Hultin          Janeece Hoppe (virtually) Amanda Weaver     Korey Stites       Leah Dozeman Dan Larson Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; City Clerk, Steve Kirkpatrick; Deputy Mayor, Allison Scheck; Police Chief, Chris Murtha; Director of Public Works, Maria D’Andrea; Director of Community Development, Lauren Mikulak; other staff, guests and interested citizens.  APPROVAL OF MINUTES There were none tonight. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES PUBLIC’S RIGHT TO SPEAK Whitney Dempsey, Arvada, interim Pastor of WR Presbyterian Church came to denounce the despicable antisemitic rhetoric inflicted on Council on November 13. He believes that we should be concerned about other more significant issues, like enfranchisement, affordable housing, and homelessness, to which we should devote thoughtful political discourse. He denounced antisemitism and the individuals who called to spread hate and violence. John Altman, 4425 Kipling St, pastor of the United Methodist Church, came to support Pastor Dempsey and his refutation of antisemitism and hate. He recounted his experiences during two trips to the Holy Land, including interactions with Palestinians and Israelis. His impression is that both peoples have a history, but they also have love for one another. He proclaimed that “Love God, Serve our Neighbor and Save the World,” is his church’s mission, which he came this evening to advance. Becky Jones,8235 W. 44th Ave., rector at St. James Episcopal Church. She too was appalled by the comments delivered two weeks ago. She opined that those who hate Jews, Muslims, and immigrants need more of our love. We need peacemakers, who are blessed, not the haters who live in the dark corners of the internet. She was not surprised by the antisemitism she heard, but she still has hope that we will not lose our democracy to white supremacists, racists and other haters. She applauded our courage vs. their cowardice, our willingness to stand for what is right. Guy Nahmiach, 3650 Ward Road, came to thank the people who called for a roundup of the Jews on November 13, (speaking tongue in cheek). We Jews round up regularly, such as for Chinese food on Christmas. Jews are only 14 million of 8.5 billion Earthlings, yet we are the target of endless hate. As a Jew, he wishes us shalom. Amy Dempsey, of Arvada, and a nurse at Lutheran Med Center. When we came to WR 20 years ago we chose Jefferson County as a safe place to raise our children. There is no room for hatred and racism anywhere at anytime in WR. While we protect people’s right to speak, we use our own right to free expression to refute and counteract those who use that right to spread misinformation and hatred. Jim Niquette, 3800 Everett St.. He attends Pastor Dempsey church. He came to renounce hatred, especially antisemitism, in all forms. Silence shall not rule in the face of these people. Matt Dempsey, Lakewood, also came to denounce the callers into the Council meeting on November 13 in the strongest possible yet loving terms. Doug Dawson, 8622 W. 44th Place, came to comment on past periods of anti-Semitism and anti-muslimism speech. He came to ask people to read more about Islam, to better understand Muslim beliefs. Ancient Muslims thought of Jews and Christians as “the other people of The Book.” Muhammad became angry because something he perceived as disrespectful. To this day, all sects of Islam want to kill all Jews. Ellen Daehnick lives in Denver and has a business in WR. She like other speakers who appeared tonight came to condemn the “crouching, little people,” who spewed anti- Semitism. The cowards who called refused to come in person or use their own names. They are not from WR and they are not of WR; we as a people renounce their cowardice. The people of WR are not represented by the creeps who called in. Rhonda Burrows, 3565 Miller St, attends the WR Presbyterian Church. She supports all people of faith and their right to worship in their ways. The cowards using pseudonyms to spew hate speech and bend their First Amendment rights toward evil diminish us all. But we stand against them, staunchly. “You must stand for something, or you will fall for anything.” Rob Robinson, 4 Hillside Drive came to thank us for serving democracy. He condemned the hate speech we heard a fortnight ago. Sadly, and unfortunately, Republicans have fallen into the pit of discrimination along with the haters and the far right. Anyone who does not support them should be throttled. Trump has tried to subvert democracy since the 2020 election, using the same approaches that put Hitler in charge in Germany in 1933. Americans must take a strong stance against these anti-democratic efforts. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item.  The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening.  The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech) There were no comments posted for this session of Council. 1. CONSENT AGENDA CM Hultin introduced the 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. 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.. 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. 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. 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. 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. Motion by CM Hultin to approve Consent Agenda Items a.), b.), and c.), seconded by MPT Stites, motion carried 8-0. 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. CM Ohm introduced Council Bill 28-2023. 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 standard. The Mayor opened the public hearing, which was not quasi-judicial. Staff Presentation Lauren Mikulak, Director of Comm Development, gave a detailed presentation which included the background where 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.” Ms. Mikulak spoke on how the proposed ordinance consists of several changes, which 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. 2. Establishes clear language on what constitutes an abandoned billboard. 3. Reduces the maximum number of billboards within the City as they are abandoned. 4. Provides a clear process for non-maintenance that could result in a billboard being deemed abandoned. 5. Establishes a maximum distance between billboards and the highway in the code. 6. Addresses changeable copy signs. 7. Provides clarifications. 8. Amends the Official Billboard Zoning Map. Afterwards she stood by to answer any questions. Public Comment Stephen Shinn with Out-front Media. He takes exception to the fact that no one from the City consulted with his industry before drafting this ordinance. Some of the language is ambiguous. It allows a city executive to determine if a billboard’s contents are acceptable. Please, confer with us to clarify these ambiguities before passing this proposed revision ordinance. Chad Kochenberger – takes exception to the City’s failure to consult with the industry while draft was written. He cited research Federal Highway Safety research that indicates that electronic billboards are not a driver distraction. Please, withhold a decision on this proposal until we can sit down with City representatives and discuss this legislation before passing it. Mark Gibson, an attorney at Holland and Hart who represents the Colorado Outdoor Advertising Association, called to support his client organization. He also decried the lack of consulting with the industry. Hours ago, just this afternoon, was the first time that this ordinance that is on tonight’s agenda came to his attention. He cannot understand why the City failed to reach out to the industry. Our members are tax paying businesses offering a legal service. It is puzzling and disturbing to us. Please, delay a vote on this ordinance until we can speak with you. He gave three examples of language in the ordinance where consulting with industry could benefit the residents of WR, the City and his industry association members. He implored Council not to approve this ordinance until after consulting with the industry. Council Questions and comments MPT Stites asked that Mr. Dahl and Ms. Mikulak to respond to some of the comments we just heard. They addressed the issues just heard by public speakers. Mr. Dahl reported on provisions of the Ordinance before Council and how they respond to the industry concerns. The industry has sued the City before, and we have defended our policies and Code successfully. MPT Stites asked Ms. Mikulak whether she thinks more consultation with the industry would benefit anyone. She stood by the draft ordinance. Mr. Dahl opined that many changes in the City Code of Laws have required revisions after they took effect. CM Hoppe asked Ms. Mikulak to respond to the issues raised. Ms. Mikulak responded with specific examples and previous documentation about this issue in Council packets. CM Hoppe asked Mr. Dahl if this ordinance is voted down tonight, would that preclude further action on this topic for some period of time. Mr. Dahl opined that there is no such time limit. CM Dozeman asked staff to comment on the revenue generated by billboards. Mr. Goff reported that there is no revenue to the City from billboards. She also asked if the changing billboards can operate on private property. Ms. Mikulak cited a Supreme Court decision that allows the privately placed billboard owner to advertise both their own business and other businesses. CM Larson served on Planning Commission when this issue was considered. He supports a postponement of a vote on this item. He sited three reasons why he opines that more study and detailed provisions in the ordinance need more work before we pass this proposed ordinance. He noted changing conditions in the industry as a result of Federal laws, fewer billboards and thus higher rates. The Mayor closed the public hearing. Motion by CM Ohm to approve Council Bill 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 on second reading, order it published, and that it takes effect 15 days after final publication, seconded by CM Hultin, motion carried 6-2, with CM Larson and Dozeman voting nay. The following comments came as Council debated and commented on the proposed motion: CM Hultin opined why she supports this action and will vote yes tonight. She believes we have had ample study and deliberation. MPT Stites stated he will also support this proposed ordinance tonight. This is just the next step in an ongoing process of regulating billboards, knowing that we may and probably will, have to reconsider some language in this ordinance. CM Dozeman will vote nay because she believes this proposed ordinance needs revision before it is enacted. CM Ohm stated that he supports the proposed ordinances despite the fact that there are some questions that we will need to address going forward. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 3. Council Bill 30-2023 – An Ordinance amending Section 2-33 of the Wheat Ridge Code of Laws concerning Community Service Officer code enforcement powers. CM Snell introduced Council Bill 30-2023 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. Staff Presentation There was none as this is a First Reading of this proposed ordinance. Public Comment There were none. Motion by CM Snell to approve Council Bill 30-2023 – an ordinance amending Section 2- 33 of the Wheat Ridge Code of Laws concerning Community Service Officer code enforcement powers on first reading, 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, seconded by MPT Stites, motion carried 8-0. 4. Council Bill 31-2023 – An Ordinance vacating any interest held by the City in a portion of Clear Creek Drive, a public roadway. MPT Stites introduced Council Bill 31-2023 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. Staff Presentation There was none. Public Comment There were none. Motion by MPT Stites to approve Council Bill 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, seconded by CM Ohm, motion carried 8-0. 5. Council Bill 32-2023 – An Ordinance vacating any right-of-way interest held by the City in a portion of Miller Court. CM Dozeman introduced Council Bill 32-2023 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. Staff Presentation There was none. Public Comment There were none. Motion by CM Dozeman to approve Council Bill 32-2023 – an ordinance vacating any right- of-way interest held by the City in a portion of Miller Court 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 immediately after final publication, seconded by MPT Stites, motion carried 8-0. 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. CM Larson introduced Resolution 53-2023. 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. Staff Presentation Police Chief Chris Murtha presented to council the background of Fund 17, which is 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. Chief Murtha added that 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. Concluding that 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. Chief closed with the Video licensing fees of $7,403.06 for the next four years will be covered in the Police Department General Fund budget. The Chief then stood by to answer questions. Public Comment No one came forward to speak. Council Questions and comments CM Weaver previously approved this item in a committee meeting and supports this motion. She also asked her peers to support the motion. CM Dozeman asked about the asset forfeiture laws, which allows municipalities to use assets and funds for law enforcement purposes. Chief Murtha opined that this fund will end soon. CM Dozeman asked for examples of how the drones would be used, and Chief Murtha gave a detailed answer. CM Ohm recalled an event when he observed a drone helping the WR PD. His experience made him a supporter of this motion. CM Hultin recalled two anecdotes about situations in which she saw drones in action. In both incidents she learned things that lead to her support for this motion tonight. CM Larson noted drones are highly effective. He asked that when we get clarity on the asset forfeiture laws we should look at this matter again. Motion by CM Larson 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, seconded by CM Ohm, motion carried 8-0. During discussion of the motion, CM Dozeman strongly endorsed this motion because of the effectiveness and safety that drones provide. MPT Stites echoed CM Dozeman’s comments. He lamented the end of the asset forfeiture laws and policies. 7. Motion to approve an appointment to the Cultural Commission. CM Weaver introduced the Motion. 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 web site and promoted through various channels from November 6-November 19. Applications have been compiled for the Council’s review so that the seat may be filled. Council may appoint a member from the open district seat or from a different district to fill this seat, at their discretion. Staff Presentation There was none. Public Comment No one came forward to speak. Council Questions and comments CM had no questions. Motion by CM Weaver to appoint Sandra Davis, District III, to the Cultural Commission, term to expire March 02,2026, seconded by MPT Stites, motion carried 8-0. 8. Motion to elect Mayor Pro Tem Mayor Starker introduced the Motion. 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. Staff Presentation Patrick Goff, City Manager listed the Mayor Pro Tem’s authority and duties which 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. Public Comment No one came forward to speak. Council Questions and comments CM Weaver nominated CM Stites. Motion by CM Weaver to elect CM Stites as Mayor Pro Tem, effective immediately, term to expire upon election of a successor, seconded by CM Ohm, motion carried 8-0. CITY MANAGER’S MATTERS Mr. Goff announced that the Holiday lighting ceremony this Saturday on the Green from 3 pm to 6:30 pm. CITY ATTORNEY’S MATTERS Nothing tonight ELECTED OFFICIALS’ MATTERS Clerk Kirkpatrick asked Council to provide consultations while the Office of the City Clerk builds on the excellent work staff has already done in drafting the new Boards and Commissions operating ordinance. Kirkpatrick asked that Council designate someone to provide input as the detailed process and procedures get drafted and implemented. CM Weaver reported that assertions to the effect that her goats are not fed while roaming Happiness Gardens are inaccurate. The goats are well fed by consuming the residue of this season’s farming, which is why the goats are in Happiness Gardens. CM Hultin also noted the presence of the goats at Happiness Gardens. Several residents have asked about the goats, and seem happy that the goats are doing their work. CM Hultin also thanked all of the speakers who came forward tonight to rebut and rebuff the hate speech we heard two weeks ago tonight. She read a piece about hated and government, and she believes the speakers this evening demonstrated a lot of love and support. CM Ohm is also looking forward to the bicycle event this weekend. He noted that he saw CM Snell’s Wheelie Bean on the streets recently and was glad to see it. He also recalled a conversation with a resident about excellent bakeries in our City. We are lucky to have so many good small businesses. CM Snell encouraged those who patronized small business last week on Small Business Saturday to continue throughout the season of giving. She reported on a bicycle repair event coming this weekend. She expressed her pride for Wheat Ridge and how we reject hate in all its forms. CM Dozeman thanked all the community members who attended this evening’s Council to refute the vitriolic hate speech we heard a fortnight ago. MPT Stites thanked Council for re-electing him MPT. He thanked everyone who came tonight and filled the room with love, the only effective way to counteract hate. Wheat Ridge always stands up when it counts. He saw the WRPD officers at Wal-Mart supporting the Blue Santa program and was glad to see them. This weekend we have a wreath building event on Saturday from 9 am to 1 pm. This Saturday is the grand opening of Chic-Fil-A. If you can find it in Wheat Ridge, buy it in Wheat Ridge. Mayor Starker thanked all who came tonight to combat hate with love. He cut two ribbons for a grand opening and one-year anniversary in the past week. On Thursday in addition to the Chik-Fil-A ribbon cutting we will also cut a ribbon for a new housing facility. ADJOURNMENT The meeting adjourned at 8:22 pm. APPROVED BY CITY COUNCIL ON January 8, 2024. _________________________________ Steve Kirkpatrick, City Clerk _________________________________ Korey Stites, Mayor Pro Tem The preceding Minutes were prepared according to §47 of Robert’s Rules of Order, i.e., they contain a record of what was done at the meeting, not what was said by the members. ITEM NO: 1a DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ADOPT THE 2024 CITY COUNCIL MEETING CALENDAR PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO Patrick Goff, City Manager ISSUE: The calendar of the City Council meetings is adopted by a motion of the City Council annually. Adopting the meeting calendar for the year is more efficient and enables the Mayor, Council, and staff to schedule other events and travel in advance. The Council will be able to amend the calendar by motion throughout the year, if necessary. The following City Council meetings that conflict with observed City holidays or other known events during the year are recommended for cancellation. • Study Session, January 1, 2024 - New Year’s Day observance • Study Session, January 15, 2024 – Martin Luther King, Jr. Day • Study Session, February 19, 2024 – President’s Day • Regular City Council Meeting, May 27, 2024 – Memorial Day • Study Session, September 2, 2024 – Labor Day • Regular City Council Meeting, November 11, 2024 – Veterans Day Council may want to also consider the following City Council meetings that conflict with other meetings or community events: • Regular City Council Meeting, March 11, 2024 – National League of Cities Conference • Regular City Council Meeting, March 25, 2024 – Jeffco Schools spring break • Regular City Council Meeting, December 23, 2024 – Christmas holiday CAF – 2024 City Council Meeting Calendar December 11, 2023 Page 2 PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Section 5.1 of the City Charter states that, “The council shall meet regularly at least twice each month at a day and hour to be fixed by the rules of council.” Section IV of the City Council Rules of Order and Procedure states that “Regular Meetings are held the second (2nd) and fourth (4th) Monday of each month at 6:30 p.m. unless otherwise provided by amendment of these Rules and Study Sessions are held the first (1st) and third (3rd) Monday of each month at 6:30 p.m., unless otherwise provided by the Mayor Pro Tem. RECOMMENDATIONS: None RECOMMENDED MOTION: “I move to adopt the 2024 City Council Meeting Calendar as presented.” Or, “I move to adopt the 2024 City Council Meeting Calendar with the following amendment(s) ____________________________________________________________________.” REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Patrick Goff, City Manager ATTACHMENTS: 1. Proposed 2024 City Council Meeting Calendar 2024 City Council Meetings January February March S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 April May June S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 July August September S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 October November December S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Study Session Meeting Held 1st and 3rd Monday of the month at 6:30pm Regular City Council Meeting 0 Held 2nd and 4th Monday of the month at 6:30pm No City Council Meeting – 5th Monday of the month Holiday observed by the City New Year’s Day – Jan 1 Memorial Day – May 27 Labor Day – Sept. 2 Christmas Day – Dec. 25 Martin Luther King, Jr. Day – Jan. 15 Juneteenth – June 19 Veteran’s Day – Nov. 11 President’s Day – Feb. 19 Independence Day – July 4 Thanksgiving Holiday – Nov. 28-29 ITEM NO: 1b DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO EXTEND THE CONTRACT FOR PROFESSIONAL SERVICES WITH AECOM TECHNICAL SERVICES, INC., IN AN AMOUNT NOT TO EXCEED $1,844,909 AND APPROVING SUBSEQUENT PAYMENTS FOR ONGOING PROGRAM MANAGEMENT SERVICES FOR THE INVESTING 4 THE FUTURE PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Director of Public Works City Manager ISSUE: On January 27, 2017, the firm AECOM Technical Services, Inc. (AECOM) was selected through the city’s procurement process to provide multi-year professional engineering and land use planning services for the 2E Bond Fund, “Investing 4 the Future”, projects and to serve as an extension of staff, as needed, for review and assistance in the delivery of private development projects in the Clear Creek Crossing and Wheat Ridge Ward Station areas as well as construction management for the Improve Wadsworth Project. The scope and related fees for AECOM services for 2024 have been negotiated and are presented in this memo. City Council action is requested for the approval of the AECOM contract amendment and extension. PRIOR ACTION: The initial AECOM contract was approved by Council on November 27, 2017, for the period of December 1, 2017 through December 31, 2018. In 2019 and 2020 amendments to AECOM’s contract were approved by City Council to continue ongoing program management services for the Investing 4 the Future program. At the December 7, 2020 Council Study Session, staff and AECOM representatives presented a scope of work and estimated costs to provide construction management services for the Improve Wadsworth Project. In 2021, 2022, and 2023, City Council Council Action Form – AECOM Contract Extension December 11, 2023 Page 2 awarded a contract extension to AECOM to include ongoing program management services for the Investing 4 the Future program as well as construction management services for the Improve Wadsworth Project, for those respective years. FINANCIAL IMPACT: Funding in the amount of $1,844,909 for this contract amendment is budgeted in the 2024 Renewal Wheat Ridge Bond Projects Fund and the Capital Improvement Program Fund budgets. Task orders will be issued for each of the efforts based on the estimated costs for each task. Services will be billed on an hourly basis, for actual services performed. A cost breakdown, by task, is summarized below: Task Estimated Cost Program Management $31,565 Wadsworth Boulevard Widening Project $1,741,481 Ward Road Station Area $43,734 Kipling & 38th Ave. Intersection Project $28,129 Total $1,844,909 BACKGROUND: The city required professional services assistance with the various Investing 4 the Future projects including: design review, construction management, project inspection, CDOT coordination, CDOT quality control/quality assurance documentation, and public communication. The complexity and magnitude of these projects warrants supplemental staff assistance. Many of these activities cannot be completed by staff due to a lack of expertise and/or current workload. It was expected that these professional services would be needed over a multi-year period, depending on the timing of development and activity in the respective project areas. AECOM serves as an extension of staff to ensure that public and private improvement plans are submitted and constructed per city, state and federal standards and requirements. This required the consultant to engage a multi-disciplinary team that would be available as needed (full-time in certain instances) and potentially on short notice. Project descriptions and the expected services are summarized below for each project: Program Management  Project coordination  Invoicing/Monthly Reporting Wadsworth Boulevard Widening Project Construction on Phase I of the project commenced in November 2021 with an estimated 2-year duration. Various change orders have been executed with the city’s contractor, Concrete Works of Colorado, to extend the work to the limits of the originally-intended project – I-70 to 35th Avenue. This additional work will extend the overall duration of the project to Spring 2026. Therefore, future annual contract amendments with AECOM are expected. Services Provided (Phase I and Phase II):  Construction management in accordance with the requirements of the city, CDOT and Council Action Form – AECOM Contract Extension December 11, 2023 Page 3 other applicable state and federal agencies, including project management, inspection, and CDOT documentation, in accordance with CDOT local agency requirements.  Assistance in coordinating public and private improvements that may occur simultaneously in the corridor.  Coordination of public information with updates for the traveling public, adjacent landowners, businesses, nearby residents, and other stakeholders.  Coordination with other agencies and stakeholders, including RTD, CDOT, and public and private utilities. Ward Road Station Area  Design review support for the plaza, pedestrian bridge and trail at the 90% and 100% submittal stages for conformance with city standards, ADA and other applicable design standards and codes.  Construction management (including contract administration, project management, inspection, CDOT documentation, materials testing, and public communications in accordance with the CDOT local agency requirements) for the Ward Road/Ridge Road and Ward Road/52nd Avenue signalized intersections. Kipling & 38th Avenue Intersection Project  Construction management (CDOT coordination and inspection and materials testing, in accordance with the CDOT local agency requirements). Overall construction management and public communication will be handled by the city. RECOMMENDATIONS: To date, AECOM has performed all tasks assigned to them. Appropriate fees for the work have been negotiated in accordance with the specific tasks and services needed. Staff recommends amending and extending the AECOM 2E Professional Services Contract term and fees in the amount of $1,844,909 for the expected work to be completed in 2024. RECOMMENDED MOTION: “I move to extend the contract for professional services to AECOM Technical Services, Inc in an amount not to exceed $1,844,909 and approving subsequent payments for ongoing program management for the Investing 4 the Future program.” Or, “I move to deny extension of the contract for professional services to AECOM Technical Services, Inc. for the following reason(s): _________________________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. AECOM 2024 Scope of Services including Workhour/Cost Summary City of Wheat Ridge Investing 4 the Future Program Management Services AECOM Contract Continuation 2024 Scope of Services December 6, 2023 1 A.PROGRAM MANAGEMENT AND CONTINUING SERVICES AECOM will provide ongoing program management services for the City’s Investing 4 the Future Program. The Scope of Services covers the extended phase of the Program from January 1 through December 31, 2024 for a duration of 12 months. The Program Management activities will be led by AECOM’s Project Manager, Tim Hammer and Deputy Project Manager, A.J. Ravgiala. They will be supported by the project controls and administrative support team. The Scope includes the following program management activities: Activity A.1 Project Initiation (N/A) These activities were substantially completed under the initial phase of the contract and are not included in the Scope of Services Activity A.2 Project Management This activity includes ongoing project management activities necessary to administer and manage the program including the following: a)Project Coordination: Routine management and coordination activities b)Schedule and Document Control (Not included in the Scope of Services) c)Cost and Risk Management (Not included in the Scope of Services) d)Invoicing/Monthly Reporting: Routine monitoring and maintenance of project budgets and administration of each of the City projects (not including Anderson Park). Preparation of monthly invoices including monthly progress report including project status narrative, cost, schedule and budget update. Any “Non-2E” Bond Program costs shall be tracked separately, if applicable Activity A.3 Meetings/Communications Monthly 2E City staff meetings and/or other project management meetings are not anticipated and are not included in the Scope of Services Activity A.4 Rapid Response (Unforeseen Services) Not included in the Scope of Services B.CLEAR CREEK CROSSING The scope of work within Clear Creek Project is substantially complete and is not included in the Scope of Services. C.WADSWORTH IMPROVEMENTS PROJECT Activity C.1 Design Review Support Not included in the Scope of Services ATTACHMENT 1 City of Wheat Ridge Investing 4 the Future Program Management Services AECOM Contract Continuation 2024 Scope of Services December 6, 2023 2 Activity C.2 Funding Support Not included in the Scope of Services Activity C.3 Construction Management The AECOM Team will provide construction management and materials QA services for the Wadsworth Improvements Project and provide full construction contract administration, project management, inspection, CDOT documentation and public communications in accordance with the CDOT Local Agency policies. The AECOM Team includes the following subconsultants: AECOM will lead the project team and will provide overall construction management of the Project Benesch will provide CM support and construction oversight services Geocal will provide materials testing and QC services Merge Resource Group will be responsible for public communications services Terracon will provide Independent Assurance Testing as required by CDOT processes. All work will be in accordance with City and CDOT requirements as designated on the plans for the project. Alex Kedas (AECOM) will serve as the Engineer in Responsible Charge. The anticipated time period required for the work described in this scope is from January through December 2024. Work may be required night or day, on weekends, holidays, or on a split shift basis. Work week may be in excess of or less than the standard 40-hour week. Authorization by the City must be received prior to proceeding with overtime, nighttime or weekend work. The Scope of Services includes 12 months duration for the staffing listed below. Reductions in staffing may occur during no work periods during the winter months. The actual duration of the project will be dictated by the construction contractor and is anticipated to go into 2025. Requirements for CM staffing beyond December 2024 will be negotiated with the City as part of a future Scope of Services. Services for the Construction Project Manager are estimated at 40 hours/week. Services for the Assistant Construction Project Manager are estimated at 40 hours per week. Services for the inspectors are estimated at 45 hours/week. Hours required and approved beyond these estimates, or contractor’s failure to complete work within the contract time allowed could be cause to exceed these estimates and show the need for supplemental budget. The AECOM Team shall furnish personnel, vehicles, cell phones, computer, printer and standard office software, and miscellaneous equipment required to perform the work. A Field Office will need to be provided for the shared use of the entire CM Team. That cost is not included in this scope. General Work Description: The AECOM Team will provide support to the City through assignment of personnel for construction management, inspection, and IAT testing and shall be responsible for the following activities: City of Wheat Ridge Investing 4 the Future Program Management Services AECOM Contract Continuation 2024 Scope of Services December 6, 2023 3 Provide construction contract administration activities – management, inspection, documentation Project Documentation - Maintain a daily diary for each day work is performed on the project. The contents of the diary shall be brief and accurate statements of progress and conditions encountered during the prosecution of the work. Prepare and compile interim and final inspection reports as required in the CDOT construction manual. Review, give comments, and acknowledge completeness of required submittal resulting from but not limited to: o Method of Handling Traffic o Progress Schedule o Shop Drawings Preparation of the following documentation, reports and billing on a routine basis: o Periodic reports and billings o Preparation of monthly progress Invoices for monthly and final billings for AECOM/Benesch fees and construction contractor payments o Project files, project diaries and time count o Conduct and document weekly progress meeting with City, Contractor, subcontractors, utilities and other interested parties o Monitoring of project contractor for fulfillment of contract plans and specifications o Securing all project documentation from the contractor Anticipating project problems and direct solutions to the City Project Representative. Prepare and track responses to contractors' and suppliers' request for information, submittals, change notices, claims, and correspondence. Prepare cost estimates and change orders as necessary. Review of drawings and data submitted by the construction contractor and suppliers for general conformance with the intent of the specifications. Inform and obtain concurrence as needed from the City Project Representative and keep relative documentation for project records. Review and approval of Methods of Handling Traffic (MHT). Monitoring compliance with and taking appropriate action to preserve safety on the project for all workers and traveling public in accordance with Method of Handling Traffic (MHT). Conduct required stormwater management inspections and monitor contractor’s compliance. Assist with preparation of punch list of uncompleted work, non-conformance reports, and deficiency notices. Prepare all Final documentation as required in CDOT’s construction manual and CDOT Local Agency requirements. Construction Management Oversight: This work will be for oversight of the team and providing the Engineer in Responsible Charge for the project. The staffing for the project includes the following: City of Wheat Ridge Investing 4 the Future Program Management Services AECOM Contract Continuation 2024 Scope of Services December 6, 2023 4 a)Construction Project Engineer: Alex Kedas will serve as Construction Project Manager and Engineer in Responsible Charge b)Assistant Project Engineer: This person will assist the Project Manager on duties of administration of the project both office and field tasks as assigned. This person will be capable of serving as the Project Engineer in accordance with CDOT requirements. c)Inspection Staff: Three (3) inspectors are anticipated to be in the field full time for the efforts on the project. One senior level and two junior level inspector are being proposed for the scope of work. These people will inspect and record field activities, quantities, and other duties as assigned by the Project Engineer and Assistant Project Engineer. d)Testing: One (1) FTE is anticipated for materials testing duties. Additionally there will be some lab testing at Geocal’s off site lab and management/oversight of the field and lab testing will be required. e)Public Communications Manager: Kate Binning will serve in this role. Level of effort is anticipated to average less than one-half FTE over the project duration D.ANDERSON PARK The Anderson Park Project is complete and is not included in the Scope of Services. E.WHEAT RIDGE WARD STATION AREA Activity E.1 Project Management Not included in the Scope of Services Activity E.2 Station Area Analysis Not included in the Scope of Services Activity E.3 Design Review Support Ward Station – Plaza, Pedestrian Bridge, Trail The Scope of Work includes supporting the City staff with design reviews of PSE submittal packages at the 60%, 90% and 100% submittal stages for the Ward Station Plaza, Pedestrian Bridge and Trail. It is our understanding that the submittal packages will be prepared by SEH consulting engineers. Review of the 30% design submittal was completed in January of 2020. Design reviews are not intended to be a detail check for quality control but a review of the submittal documents for conformance with Wheat Ridge city standards, ADA and other applicable design standards and codes. Reviews will include general site-civil engineering, drainage, structural, landscaping, irrigation, City of Wheat Ridge Investing 4 the Future Program Management Services AECOM Contract Continuation 2024 Scope of Services December 6, 2023 5 lighting and mechanic/electrical/ plumbing (MEP) design elements. We anticipate that the design submittals will include plans, specifications, cost estimates, reports and other deliverables. Review comments will be compiled in spreadsheet format along with “redline” plan revisions where applicable. Activity E.4 Development Review Support Not included in the Scope of Services Activity E.5 Funding Support Not included in the Scope of Services Activity E.6 Construction Management Ward Road/Ridge Road and Ward Road/52nd Ave. Intersections The AECOM Team will provide construction management and materials QA services for the Ward Road/Ridge Road and Ward Road/52nd Ave. Intersection Project and provide full construction contract administration, project management, inspection, CDOT documentation and public communications in accordance with the CDOT Local Agency policies. It is our understanding that these two intersection projects will be packaged with the Tabor, 52nd and Ridge Road Street reconstruction project. Construction management of the street reconstruction project will be managed by the City and is not included in the Scope of Services. The Ward Road intersection projects will require coordination with CDOT and CDOT QC/QA documentation. The staffing for the project includes the following: a)Construction Project Engineer: Assume 25% level of effort for a duration of 10 weeks b)Assistant Project Engineer: Assume one FTE for duration of 10 weeks. This person will also perform field inspections. c)Materials Testing: The level of effort will be determined once the final plans are issued and CDOT’s Form 250 is generated to determine testing frequencies and requirements. F.Kipling and 38th Activity F.1 Construction Management The 38th Avenue and Kipling intersection project will require coordination with CDOT and CDOT QC/QA documentation. The Overall construction management of the intersection reconstruction project will be managed by the City. This includes construction contract administration and public communication. The AECOM Team will provide construction management and materials QA services for the project. This includes as needed inspection, CDOT documentation in accordance with the CDOT Local Agency policies. The City to provide staffing for the project includes the following: City of Wheat Ridge Investing 4 the Future Program Management Services AECOM Contract Continuation 2024 Scope of Services December 6, 2023 6 1.TDB will serve as Construction Project Manager and Engineer in Responsible Charge. 2.Assistant Project Engineer: This person will assist the Project Manager on duties of administration of the project both office and field tasks as assigned. This person will be capable of serving as the Project Engineer periodically in the absence of AECOM to provide the staffing for the project includes the following: 1.PM Support: 2 hours per week is estimated for PM support 2.Assistance Project Engineer: Assume part time 25% of FTE for duration of 8 weeks. This person performs as needed field inspections. Material Testing: The level of effort will be determined once the final plans are issued and CDOT’s Form 250 is generated to determine testing frequencies and requirements. Wheat Ridge Investing 4 the Future Program Management/Construction Management Workhour/Cost Estimate 2024 December 6, 2023 Workhour/Cost Summary Task No. Total Cost A 28,085$Labor 3,230$Fee (11.5%) 250$ODC's/Subcontractor 31,565$ B -$ Labor -$ Total Cost C 1,525,731$Labor 110,351$AECOM Fee (11.5%) 105,399$ODC's/Subcontractor 1,741,481$Total Cost D -$ Labor -$ Total Cost E 38,762$Labor 3,771$Fee (11.5%) 1,200$ODC's/Subcontractor 43,734$Total Cost F 26,397$Labor 1,232$Fee (11.5%) 500$ODC's/Subcontractor 28,129$Total Cost 1,844,909$PROJECT TOTALS Subtotal - Program Management Continuing Requirements Subtotal - Clear Creek Crossing Subtotal - Ward Road Station Subtotal - Wadsworth Widening Subtotal - Anderson Park Subtotal - Kipling and 38th Ave Page 1 of 1 ITEM NO: 1c DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 54-2023 – A RESOLUTION AMENDING THE FISCAL YEAR 2023 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $90,000 FOR THE PURPOSE OF FUNDING THE ANDERSON BUILDING BOILER REPLACEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: On occasion, it is necessary to adjust the current year’s budget in order to account for unanticipated expenditures. In late-August, the boiler at the Anderson Building failed. The unit is estimated to be 20 to 25 years old and needs to be completely replaced. The city’s insurance will provide for the replacement costs less the deductible. As this is an unanticipated expense, it is required that the City Council authorize this increase to the City’s budget by resolution. PRIOR ACTION: None FINANCIAL IMPACT: The estimated cost of the replacement equipment and associated labor and materials is $90,000. Many of these costs will be reimbursed through the city’s equipment breakdown insurance policy, less a $2,500 deductible. The revenue from insurance will be placed in the miscellaneous revenue account in the General Fund. Council Action Form – 2023 Budget Supplemental for Anderson Building Boiler December 11, 2023 Page 2 BACKGROUND: An expenditure of $90,000 will be made for this unanticipated repair from the Facilities budget from Other Major Equipment (01-118-800-809). It is anticipated that insurance will cover all but $2,500 of these costs. Work is expected to commence in early 2024 and be completed in 1-2 months. RECOMMENDATIONS: Staff recommends approval of this budget supplemental request. RECOMMENDED MOTION: “I move to approve Resolution No. 54-2023, a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $90,000 for the purpose of funding the Anderson Building boiler replacement.” Or, “I move to postpone indefinitely Resolution No. 54-2023, a resolution amending the Fiscal Year 2023 General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $90,000 for the purpose of funding the Anderson Building boiler replacement for the following reason(s)_____________________________.” REPORT PREPARED AND REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 54-2023 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 54 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 $90,000 FOR THE PURPOSE OF FUNDING THE ANDERSON BUILDING BOILER REPLACEMENT WHEREAS, the City prepared and adopted a 2023 budget; and WHEREAS, a supplemental budget appropriation is necessary to fund unanticipated replacement of the boiler at the Anderson Building. 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 General Fund Budget is amended to transfer $90,000 from the General Fund undesignated reserves to the General Fund Facilities operating budget (01-118-800-809) to fund the Anderson Building boiler replacement. DONE AND RESOLVED this 11th day of December 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 ITEM NO: 1d DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENT OF $106,713 TO PROGRESSIVE COMMERCIAL AQUATICS FOR PIPE AND SKIMMER LEAK REPAIRS AT THE ANDERSON POOL PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________________ ______________________________ Director of Parks & Recreation City Manager ISSUE: The leisure pool at Anderson Park has encountered numerous pipe leaks that require immediate repair to safeguard the facility's integrity and allow us to continue offering outdoor aquatics to the Wheat Ridge community. This motion is to award a contract to Progressive Commercial Aquatics to complete this essential work. PRIOR ACTION: None FINANCIAL IMPACT: The contract for this project through Progressive Commercial Aquatics is $106,713. Progressive Commercial Aquatics was the only bidder in the request for proposals. The consequences of not addressing broken pipes can be significantly more expensive in the long term with the potential for increased costs due to subsequent damages. Delaying repairs can lead to more extensive pipe damage, more water leaks, and potential disruptions in the system's functionality. The resulting expenses can encompass not only the replacement of additional damaged pipes but also the restoration of affected infrastructure and the related inconvenience to the community. Council Action Form - Contract to Progressive Commercial Aquatics December 11, 2023 Page 2 BACKGROUND: Anderson Pool underwent a substantial transformation in 2008 with the aim of elevating the overall experience for patrons. However, this renovation did not include replacement of mechanical infrastructure and underground pipes and are now confronted with urgent issues that demand immediate attention. Specifically, the leisure pool has numerous pipe leaks, necessitating swift repairs to uphold the facility's integrity and honor the City’s commitment to sustainability. These leaks within the leisure pool's pipes not only compromise the facility's functionality and efficiency but also raise valid concerns about water conservation and its environmental impact. The proposed work will address the pipe leaks during the winter season. This proactive approach is designed to minimize the potential for service interruptions during the summer months. RECOMMENDATIONS: Staff recommends that the contract be awarded to Progressive Commercial Aquatics in the amount of $106,713 to repair the pool leaks at the Anderson Pool. RECOMMENDED MOTION: “I move to approve the motion to award a contract and approve subsequent payment of $106,713 to Progressive Commercial Aquatics for pipe and skimmer leak repairs at the Anderson Pool. Or, “I move to not approve the award of a contract and subsequent payment of $106,713 to Progressive Commercial Aquatics for pipe and skimmer leak repairs at the Anderson Pool for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Barb Kloberdanz, Recreation Supervisor Susie Anderson, Recreation Manager Karen O’Donnell, Parks & Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Contract and RFP-23-0228-Anderson Pool Repairs & Progressive Commercial Aquatics Bid RFP-23-0228-Anderson Pool Repairs Contract #23-0228 THIS AGREEMENT made this day of December, 2023, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Aquatic Resources, 505 Violet Street, Golden, CO 80401 hereinafter referred to as the “Contractor.” WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 – SERVICES The Contractor will serve as the City’s contractor and provide at a minimum all the professional services required as per RFP, the Contractor’s response to the RFP (Exhibit A), and the statement of work provided by the Contractor (Exhibit B) incorporated herein by reference. The following activities are required under this agreement: •Replace Two (2) Skimmers – cut the concrete around skimmers, replace skimmers, patch the concrete •Repairs to Any Broken Lines in the Designated Area •Repair Main Drain Leak – cut the concrete, excavate to broken line, repair the PVC, pressure tests for leaks, backfill excavation site, patch the concrete •Repair Kiddie Slide Leak – cut the concrete, excavate to broken line, repair the PVC, backfill excavation site, patch the concrete •Repair Return Line – cut the concrete, excavate to broken line, repair PVC, backfill excavation site, patch the concrete •Pool Surface Crack Repairs – drain the pool, cut open the crack, install rebar staples at 12-inch intervals, inject high solids epoxy into the crack, patch the plaster •All demolition and site clean up to include safety protocols •All repairs must be pressure tested and documented prior to the surrounding area being returned to full working order. ARTICLE 2 – TERM The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. Total project completion will be May 1, 2024. Any project related activities occurring beyond this date will be considered a breach of this agreement and the Contractor will be financially responsible for those delays. This contract is intended to cover the length of the repair effort and is not eligible for renewal. ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor for services provided, and the Contractor will accept a not-to-exceed amount of one hundred six thousand, seven hundred and thirteen dollars, ($106,713) as full payment for such services. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 22, in order to be processed in the same calendar year. A.Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) ATTACHMENT 1 days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 - RESERVED ARTICLE 5-SALES AND USE TAXES Don’t include sales or use tax in invoices, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 ARTICLE 6 – INDEPENDENT CONTRACTOR In performing the work under this agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the Contractor—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 7 – INSURANCE In accordance with Article 4 above, the Contractor shall furnish a certificate of insurance upon notification of award, and prior to performance. Work shall not commence under this agreement until the Contractor has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance: Type of Insurance Minimum Limits of Liability Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease Commercial General Liability (including Premises-Operations, Independent Contractor’s Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury • Property Damage $1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. ARTICLE 8 – INDEMNIFICATION The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. ARTICLE 9 – EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action shall include—but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training—including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 10 – CHARTER, LAWS, AND ORDINANCES The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. ARTICLE 11 – LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 12 – TERMINATION The Contractor acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions— including, but not limited to re-procurement costs, insufficient or improper work. The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Contractor will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Contractor prior to the date of such termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 13 – LIQUIDATED DAMAGES A. The Contractor shall commence the performance of this Contract within 14 (fourteen) calendar days after the date of issuance to Contractor of a Notice to Proceed by the City. Once timely commenced, Contractor shall diligently continue their performance to and until final completion of the project. The Contractor shall accomplish Substantial Completion for the project within 120 (one hundred twenty) calendar days from the date the Notice to Proceed is issued and Final Completion within 30 (thirty) days from the date Substantial Completion is accomplished. B. The term "Substantial Completion" as used herein shall mean that point at which the project is at a level of completion in strict compliance with the Contract such that the City or its designee can enjoy beneficial use or occupancy and can use or operate it in all respects for its intended purpose. Partial use or occupancy of the project shall not result in the project being deemed substantially complete and such partial use or occupancy shall not be evidence of Substantial Completion. The term "Final Completion" as used herein shall mean that point at which the project is 100% complete and in conformance with the Contract. C. Guarantees and equipment warranties required by the Contract shall commence on the date of Final Completion. D. The City will suffer financial loss, in addition to any increased costs of completion of the project, if the project is not Substantially Complete within the time period set forth in Paragraph A. Contractor and Contractor's Surety shall be liable for and shall pay to the City as liquidated damages to compensate for the losses and damages suffered by any delay, and not as penalty, the sum of two hundred seventy-five and 00/100 dollars ($275.00) for each calendar day of delay until the project is Substantially Complete. Such liquidated damages do not include any additional costs of this project caused by delay and Contractor, in addition to liquidated damages for the cost of delay itself, shall be liable to the City for same. Contractor agrees that the contract time and the amount established by this paragraph for liquidated damages are reasonable. E. The City will suffer financial loss, in addition to any increased costs of completion of the project, if the project is not Finally Complete within the time period set forth in Paragraph A. Contractor and Contractor's Surety shall be liable for and shall pay to the City as liquidated damages to compensate for the losses and damages suffered by any delay, and not as penalty, the sum of two hundred seventy-five and 00/100 dollars ($275.00) for each calendar day of delay until the project is Finally Complete. Such liquidated damages do not include any additional costs of this project caused by delay and Contractor, in addition to liquidated damages for the cost of delay itself, shall be liable to the City for same. Contractor agrees that the contract time and the amount established by this paragraph for liquidated damages are reasonable. F. All limitations of time set forth herein are material and are of the essence of the contract. ARTICLE 14 – NOTICES Contact Information City Contractor Name: Susie Anderson Jordan Phelps Office Phone: 303-231-1313 303-887-0709 Email Address: sanderson@ci.wheatridge.co.us jphelps@proaquatic.com Address: 4005 Kipling St. 505 Violet St. City, State, Zip Code Wheat Ridge, CO 80033 Golden, CO 80401 ARTICLE 15 – ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this agreement, and the contractor is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The contractor shall be responsible for the performance of any subcontractor. ARTICLE 16 – SEVERABILITY To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 17 – INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the contractor. ARTICLE 18 - DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert this provision in all sub-contracts for any work covered by this Agreement, so that it shall be binding upon each sub- consultant or sub-contractor providing labor or services. ARTICLE 19 – OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. ARTICLE 20 – DEFINITIONS "Subcontractor" means only those having a direct contract with the Contractor and includes one who furnished materials worked to a special design according to the plans or specifications for the work under the Contract, but does not include one who merely furnishes material not so worked. "Notice" means written demand, instruction or order duly served. Written notice shall be deemed to have been duly served if delivered in person to the Contractor, or if delivered in person or sent by registered mail to the address given in the Contract and shall have been duly served upon the City if delivered to the City Clerk of the City of Wheat Ridge, Municipal Building, Wheat Ridge, Colorado, either in person or by registered mail. "Work" means performance of the Contractor or Subcontractor including labor and materials and all services incidental thereto. "Cost" means all charges and expenditures of every kind applicable to the accomplishment of the work. “Substantial Completion” means the site has been returned to fully functioning status for quality tests and certification "Final Completion" means when all items are one hundred percent (100%) complete and when all known defective work has been corrected as certified by the City Representative. ARTICLE 21 - MATERIALS, SERVICES, AND FACILITIES The Contractor will, in good faith, do and perform all work and furnish and pay for all labor, superintendence, material, utilities, machinery, equipment, tools, transportation, facilities, temporary construction of every nature and all other services and facilities of every nature, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work, within the time stated, in accordance with the plans, drawings and specifications covered by the Contract, and any and all supplemental plans, drawings and specifications. He shall furnish, erect, maintain and remove such construction plant and such temporary works as may be required. It will be the responsibility of the Contractor to locate/negotiate a staging area. The City will not provide a staging area on City owned property. Any work necessary to be performed after regular working hours, on Saturdays, Sundays, or Legal Holidays, shall be performed without additional expense to the City. ARTICLE 22 - OBSERVATION AND TESTING All work performed and the quality thereof, equipment and materials used in the construction shall be subject to Observation, examination and test, at any and all times during construction. ARTICLE 23 - WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather or whenever the City shall direct, the Contractor will, and will cause his Subcontractors to, protect carefully his and their work and materials against damage or injury from weather. If, in the opinion of the City, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his Subcontractors to so protect his work, such materials shall be removed and replaced at the expense of the Contractor. The City may, at its discretion, extend the length of time allowable to complete the project due to inclement weather. The City does not financially cover delays due to inclement weather. ARTICLE 24 - EMERGENCY PROTECTION OF LIFE AND PROPERTY In case of an emergency which threatens loss of injury or property, and/or safety of life, the Contractor is hereby permitted to act at his own discretion and in a diligent manner without prior instructions from the City to prevent the threatened loss or injury. The Contractor will notify the City immediately thereafter. Any claim for compensation by the Contractor due to such extra work shall be promptly submitted in writing to the City for approval. The amount of any reimbursement claimed by the Contractor shall be determined in the manner provided in Article 26 of this Contract. ARTICLE 25 - REPORTS, RECORDS, AND DATA The Contractor shall submit to the City such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as may be requested concerning work performed or to be performed under this Contract. ARTICLE 26 - SUPERINTENDENCE BY CONTRACTOR At the site of the work, the Contractor will employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such Representative shall be acceptable to the City and shall be one who can be continued in that capacity for the particular job involved unless he ceases to be on the Contractor's payroll. All directions given to such Representative in the Contractor's absence shall be as binding as if given to the Contractor. ARTICLE 27 - CHANGES IN THE WORK The City may, at any time, by written order and without notice to the sureties, require the performance of extra work or make changes by altering, adding to, or deducting from the work. The amount of compensation to be paid to the Contractor shall be adjusted accordingly without invalidating the Contract and in accordance with whichever of the following plans the City elects: (1) a price agreed upon, (2) a price based on unit prices of the Contract; or (3) a price determined by adding fifteen percent (15%) to the reasonable cost of the extra work, addition, alteration, or deduction; provided however, that no additions to the Contract Price shall be agreed upon by, or shall be binding upon the City if the effect of said price increase is to increase the Contract amount beyond the amount of money appropriated by the City Council, as specified in Section 2 3 of the Code of Laws of the City of Wheat Ridge. In giving instructions, the City may authorize minor changes in the work, not involving extra cost and not inconsistent with the purpose of the project. Otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written approved Change Order by the City. ARTICLE 28 - TIME EXTENSIONS The Contractor shall, within seven (7) days from the beginning of any delay, notify the City, in writing, of the causes thereof and the City shall ascertain the facts, the extent of the delay and notify the Contractor of the decision in the matter. The completion time shall be extended when delay in completion of the work by the Contractor is due to unforeseeable causes beyond his control and without his fault or negligence, including, but not restricted to, acts of God or the public enemy, acts or neglect of the City, acts of neglect of any other contractor, fires, floods, epidemics, quarantine restrictions, strikes, riots, civil commotions or freight embargoes. The time of completion of his work shall be extended by such time as shall be fixed by the City. No such extension of time shall be deemed a waiver by the City of its right to terminate the Contract for abandonment or delay by the Contractor as herein provided or relieve the Contractor from full responsibility for performance of his obligations hereunder. The City's liability for delay shall be limited pursuant to the provisions of Section 2-4 of the Code of Laws of the City of Wheat Ridge and shall be limited to granting a time extension to the Contractor. ARTICLE 29 - DEFECTIVE WORK The observation of the work by the City does not relieve the Contractor of any of their obligations to fulfill their Contract as herein prescribed, and defective work shall be made good, and unsuitable materials may be rejected, notwithstanding that such work and material have been previously overlooked by City representative(s) and accepted or estimated for payment or paid for. If the work or any part thereof shall be found defective or at any time before the final acceptance of the whole work, or the final payment therefore, the Contractor shall forthwith make good such defect in a manner satisfactory to the City and if any material brought upon the ground for use in the work, or selected for the same, shall be condemned by the City as unsuitable, the Contractor shall forthwith remove such materials from the vicinity of the work and shall replace, at his own expense, damaged or unsuitable materials with the new materials of satisfactory quality. Neither the foregoing nor any provision of these Contract Documents, nor any special guarantee time limit, shall be held to limit the Contractor's liability for defects to less than the legal limit of liability in accordance with the law of the place of the construction. The Contractor shall pay the City all expenses, losses, and damages as determined by the City incurred in consequence of any defect, omission, or mistake of the Contractor or his employees or the making good thereof. ARTICLE 30 - UNEXPECTED UNDERGROUND STRUCTURES; CHANGE OF CONDITIONS Should the Contractor encounter underground structures at the site materially differing from those shown on the Plans or indicated in the Specifications, he shall immediately give notice to the City of such conditions before they are disturbed. The City will thereupon promptly investigate the conditions, and if it is determined that they materially differ from those shown on the Plans, may authorize changes to be made to the Plan and/or Specifications as may be necessary. It is understood and agreed that the Contractor has considered in their bid all of the permanent and temporary utility appurtenances in their present or relocated position as shown on the plans and that additional compensation will not be allowed except for any unreasonable delays, or damage sustained by them due to any interference from the said utility appurtenances. Unreasonable delays shall constitute delays caused by a complete shutdown of all operations. It is understood that utilities are not owned, operated or controlled or subject to control by the City of Wheat Ridge. Relocations of facilities owned by said utilities are not a matter over which the City has control. The Contractor shall adjust their schedule in anticipation of such delays so that work in other areas may be completed away from the area of utility conflict. The locations of all utilities shown on the Project plans should be considered approximate. It is therefore the responsibility of the Contractor to notify the appropriate utility and obtain more precise locations. No compensation will be made to the Contractor for any damage, delay or additional cost incurred as a result of failure to obtain utility locations. Information on the Plans in the Contract Documents referring to the existence of utilities or other underground structures is not guaranteed to be correct or to be a complete representation of all existing data. Every effort has been made, however, to make this information complete and accurate on the basis of all data and information which could be procured by the City. The Contractor shall make their own examination and shall draw their own conclusions as to the underground facilities which will be encountered, and they shall have no claim for damages of any kind on account of any errors, inaccuracies or omission that may be found. There shall be no adjustment in Contract Price based on changed site conditions. The Contractor is required hereby to make an on site inspection and investigation, which includes determination of location of utilities and said and other natural conditions. Representations regarding site and soil conditions and utility locations are based on the best information available to the Owner and final determination as to both site and soil conditions and utility locations is left to the Contractor, without recourse to the City. The City shall allow reasonable and necessary access to the site to Contractor and his representatives to make such determination and site review. ARTICLE 31 - CLAIMS FOR EXTRA COSTS No claim for extra work or cost shall be allowed unless the same was done in pursuance of written order of the City, as provided for in Article 26, and the claim was presented prior to the issuance of the final payment. When work is performed under the "reasonable cost" method as outlined in Article 26 of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost, and when requested by the City, give the City access to accounts relating thereto. NO adjustments will be allowed for fuel cost of asphalt cement. ARTICLE 32 - RIGHT OF CITY TO TERMINATE CONTRACT If (1) the Contractor or any of his Subcontractors shall be adjudged bankrupt or (2) if they shall make a general assignment for the benefit of his creditors or (3) if a receiver shall be appointed of their property, or (4) if the work to be done under this Contract shall be abandoned, or (5) if this Contract or any part hereof shall be sublet, without the previous written consent of the City, or (6) if the Contract or any claim thereunder shall be assigned by the Contractor otherwise than as herein specified, or (7) at any time the City shall certify in writing that the rate of progress of the work or any part thereof is unsatisfactory or (8) that the work or any part thereof is unnecessarily or unreasonably delayed, or (9) that the Contractor, his subcontractors, agents or employees have violated any of the provisions of this Contract, or of the plans and specifications, or construction schedule, the City shall notify Contractor and the Surety, and shall be entitled immediately to terminate the Contract. The Surety shall have the right to take over and perform the Contract, provided, however, that if the Surety does not commence performance thereof within ten (10) days from the date of the mailing to such Surety of notice of termination, the City may take over the work and prosecute the same to completion by contract or by force account for the account and at the expense of the Contractor, and the Contractor and his Surety shall be liable to the City for any excess cost occasioned the City thereby, and in such event the City may take possession of and utilize in completing the work, such materials, machinery, appliances and plant as may be on the site of the work and necessary therefore. The Contractor, by signing this Contract, gives to the City in the event of default, right to use such aforesaid articles to the full extent which they could be used by the Contractor. The City shall not be liable to the Contractor for trespass or conversion. All expenses charged under this article shall be deducted and paid for by the City out of money then due to become due the Contractor under this Contract or any part thereof, and in such account the City shall not be held to obtain the lowest figures for the work of completing the Contract or any part thereof or for insuring its proper completion, but all sums actually paid hereafter shall be charged to the Contractor and their Surety. In case the expenses so charged are less than the sum which would have been payable under this Contract if the same had been completed by the Contractor, the City shall be entitled to retain the difference and in case such expenses shall exceed the said sum, the Contractor and his Surety shall pay the amount of the excess to the City upon completion of the work without further demand being made therefore. ARTICLE 33 - CONSTRUCTION SCHEDULE Before any work is begun, the Contractor shall provide to the City a written schedule detailing the order and manner of doing the work. Before the first partial payment is made, the Contractor shall deliver to the City an estimated construction progress schedule in form satisfactory to the City, showing the proposed dates of commencement and completion of each of the various subdivisions of work required under the Contract. The Contractor shall provide an updated schedule every 30 days. ARTICLE 34 - PAYMENTS TO THE CONTRACTOR During the course of construction, the Contractor shall request payment of work actually performed during the preceding month. The City will once each month make a progress payment to the Contractor on the basis of an evaluation of the claim by the City as to amount of work done and that the City has received full value thereof. In accordance with House Bill 11-1115, the City shall retain five percent (5%) of the value of the completed work. Retainage shall be held until final completion and acceptance of all work, as part security for the fulfillment of the Contract by the Contractor. The amount of the progress payments shall be the balance not retained as aforesaid, after deducting all previous payments and all other sums to be kept or retained under the provisions of this Contract. The Contractor shall have no right to either terminate the Contract or to claim damages if THEY consider partial payments inadequate. ARTICLE 35 - CERTIFICATE OF COMPLETION Upon completion of all work whatsoever required including completion of all known defective work, the City shall file a written certificate with the Contractor as to the entire amount of work performed and compensation earned by the Contractor including Extra Work and compensation therefore, and including the date of completion. ARTICLE 36 - FINAL PAYMENT After the filing of the Certificate of Completion, the City shall pay to the Contractor in accordance with applicable Colorado laws (Article 38, Chapter 26, Section 101 Et. Seq. Colorado Revised Statutes) and C.R.S. 38-26-107 (2012), upon authorization of funds disbursement by the City Council the amount therein stated, less all prior payments and advances whatsoever, to or for the Account of the Contractor. All prior estimates and payments including those relating to extra work shall be subject to correction by this payment. ARTICLE 37 - PAYMENT WITHHELD The City, as a result of subsequent discovered evidence, may withhold or nullify the whole or a part of any payment to such extent as may be necessary to protect the City from loss on account of: (a) Defective work not remedied. (b) Claims filed or reasonable evidence indicating probable filing of claim. (c) Failure of the Contractor to make payments properly to Subcontractor or for material or labor, or to comply with laws relative thereto. (d) A reasonable doubt that the Contract can be completed for the balance then unpaid. (e) Damage to another Contractor. (f) Damage to the real or personal property of another and failure to repair or replace the same. When the grounds for withholding payment have been corrected to the satisfaction of the City, the City shall proceed to process any amounts due. ARTICLE 38 - FINAL PAYMENT TO TERMINATE LIABILITY OF CITY The acceptance by the Contractor of the last payment made as aforesaid under the provisions of Article shall operate as and shall be a release to the City, its officers, or agents from all claims and liability to the Contractor, his vendors, laborers or Subcontractors for anything done or furnished for, relating to, or for any act or neglect of the City or of any persons relating to, or affecting the work, except the claim against the City for the remainder, if any there be, of the amounts kept or retained as provided in Article 35, 36, and 37 of these. Said acceptance shall also operate as a general release of the City by the Contractor. ARTICLE 39 - EFFECT OF CERTIFICATION AND PAYMENT Neither the certification nor payment made to the Contractor, not partial or entire use or occupancy of the work by the City shall be an acceptance of any work or materials not in accordance with the Contract. The making and acceptance of the final payment shall constitute a bar of all claims by the Contractor, except those previously made in writing and still unsettled. ARTICLE 40 - CARE AND PROTECTION OF PROPERTY The Contractor expressly undertakes expense: To assume full responsibility for the preservation of all public and private property, and use every precaution necessary to prevent damage thereto. If any direct or indirect damage is done to public or private property or on account of any act, omission, neglect or misconduct in the execution of the work on the part of the Contractor, such property shall be restored by the Contractor, at their expense, to a condition similar or equal to that existing before the damage was done, or the Contractor shall make good the damage in another manner acceptable to the City. No representations are made by or on behalf of the City concerning the conditions, locations or state of repair or existing sewers, drains, water mains and other underground structures; To store any apparatus, materials, supplies, and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of any work by themselves or any other Contractor; To provide suitable storage facilities for all materials which are liable to injury or exposure to weather, theft, breakage, or otherwise; To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work; To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operations, to the end that at all times the site of the work shall present a neat, orderly and workmanlike appearance; To fully and completely remove all utility markings generated by or as a result of the project from public rights-of- way utilizing a method that is least destructive to the existing improvements, and which method has been approved by the City. Should the contractor propose to remove the markings with pressure washing, all pressure washing runoff and residue shall be contained and collected in accordance with Best Management Practices and Wheat Ridge Ordinance Chapter 20, Stormwater Quality and Control. Removal of all markings shall occur no later than twenty (20) days after completion of work. To remove all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition before final payment; To affect all cutting, fitting or patching of his work required to make the same to conform to the Plans and Specifications and, except with the consent of the City, not to cut or otherwise alter the work of any other Contractor. The Contractor shall not, except after written consent from proper parties enter or occupy with individuals, tools, materials or equipment, any privately owned land except on easements provided herein. ARTICLE 41 - LANDS FOR WORK AND RIGHT OF WAY The City will provide land, right of way and easements for all work specified in the Contract. ARTICLE 42 - REQUIRED PROVISIONS DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this Contract shall be deemed to be inserted herein, and the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise, any such provision is not inserted, or if not correctly inserted, then upon the applications of either party, the Contract shall forthwith be physically amended to make such insertion. ARTICLE 43 - PROTECTION OF LIVES AND HEALTH The Contractor will take all necessary precautions for the safety of employees of the work, and shall comply with all applicable provisions of Federal, State, and Municipal safety laws and building codes to prevent accidents or injury to persons on, about or adjacent to the premises where the work is being performed. The Contractor shall erect and properly maintain at all times, as required by the conditions and progress of the work, all necessary safeguards for the protection of workmen and the public and shall post danger signs warning against the hazards created by the construction such as protruding nails, hod hoists, well holes, elevator hatchways, scaffolding, window openings, stairways, and failing materials. The Contractor shall comply with the Department of Labor Safety and Health Regulations for construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91 596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL 19 54). ARTICLE 44 - WAGE RATES The attention of the bidder is called to the requirements and provisions of all applicable laws and any amendments thereof or additions thereto as to the employment of labor, and to the schedule of any minimum wage rates established in compliance with such laws. If, after the award of the Contract, it becomes necessary to employ any person in a trade or occupation not classified in the wage determinations, such person shall be paid at not less than such rate as shall be determined by the officials administering the laws mentioned above. The Contract is subject to the applicable provisions of the Contract Work Hours Standards Act. Public Law 87 581, 87th Congress. No Contractor or Subcontractor contracting for any part of the contract work shall require or permit any laborer or mechanic to be employed on such work in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in any work week unless such laborer or mechanic received compensation at a rate not less than one and one half times his basic rate of pay for all hours worked in excess of eight (8) hours in any calendar day or in excess of forty (40) hours in such work week, as the case may be. ARTICLE 45 - SANITARY PRECAUTIONS Sanitary conveniences for the use of all persons employed on the work, properly screened from public observation, shall be provided in sufficient numbers in such manner and at such points as shall be approved. The contents shall be removed and disposed of in a satisfactory manner as the occasion requires. The Contractor shall rigorously prohibit the committal of nuisances within, on, or about the work. Any employees found violating these provisions shall be discharged and not again employed on the work without the written consent of the City Representative. The Contractor shall supply sufficient drinking water from approved sources to all employees. The sanitary convenience specified above shall be the obligation and responsibility of the General Contractor until the completion of the work. The facilities shall be made available to all other Contractors and Subcontractors. ARTICLE 46 - BUSINESS LICENSE A business license is required for all Contractors performing work in the City prior to beginning work. Please contact the City Sales Tax Division to obtain a license. ARTICLE 47 – INTERNAL TEAM REVIEW Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Susan Anderson, Recreation Manager Date Signed ______________________________________ __________ Karen O’Donnell, Parks & Recreation Director Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed ARTICLE 48 – AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, CO 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) CONTRACTOR Aquatic Resources APPROVED AS TO FORM: Jordan Phelps 505 Violet St. Golden, CO 80401 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE REQUEST FOR PROPOSALS REPOST RFP-23-0228-Anderson Park Pool Skimmer, Line, and Leak Repair PROPOSAL DUE DATE: Thursday, October 19, 2023 BY 2 PM Mountain Time Anderson Park Pool Skimmer, Line, and Leak Repair BidNetdirect.com is the ONLY acceptable repository for submission documents. Late submissions and submissions otherwise received WILL NOT be considered for award. Contact with the issuing department may result in disqualification, please direct questions to contact as listed below. City of Wheat Ridge Procurement Attn: Whitney Mugford-Smith wmsmith@ci.wheatridge.co.us DOCUMENTS PREPARED BY: PURCHASING & CONTRACTING DIVISION on behalf of the Parks and Recreation Department ANTICIPATED KEY DATES RFP Published October 4, 2023 Pre-Proposal Site Visit October 12, 2023 at 11am at 4355 Field St. Question Acceptance Deadline: October 13, 2023 at 2pm Proposals Due by: October 26, 2023 at 2 pm Anticipated Contract Execution: October 2023 Anticipated Start Date: As soon as possible IMPORTANT: PLEASE READ ENTIRE DOCUMENT – DO NOT REMOVE ANY PAGES Per the attached specifications, terms, and conditions. Exhibit A TABLE OF CONTENTS PAGE #: COVER PAGE ....................................................................................................................................................... 1 TABLE OF CONTENTS ........................................................................................................................................ 2 ANTICIPATED SCOPE OF WORK ......................................................................................................................... PROPOSAL SUBMISSION ..................................................................................................................................... EVALUATION CRITERIA ........................................................................................................................................ SELECTION PROCESS ......................................................................................................................................... INFORMATION TO PROPOSERS ......................................................................................................................... ADMINISTRATIVE & OFFEROR INFORMATION .................................................................................................. FORMS PROPOSER INFORMATION FORM ................................................................................................................... NON-DISCRIMINATION ASSURANCE FORM ................................................................................................... NON-COLLUSION AFFIDAVIT ............................................................................................................................ VENDOR’S QUALIFICATION FORM .................................................................................................................. SAMPLE AGREEMENT ....................................................................................................................................... ATTACHMENTS ATTACHMENT A – PRICE SCHEDULE ........................................................................................................ CHECK-LIST ................................................................................................................................................... ADDENDUM (if applicable) INTRODUCTION, BACKGROUND & SCOPE INTRODUCTION The City of Wheat Ridge is in the northwest Denver metropolitan area, with municipal offices at 7500 W 29th Avenue, Wheat Ridge, CO 80033. The City’s area consists of about nine square miles of rolling land adjacent to Interstate 70 transportation corridor between Denver and the Rocky Mountains. The topography is somewhat unique, with a natural ridge traversing the city. The city is a suburban community of approximately 33,000 residents. The city is a home-rule municipality with eight council members, and a city manager and mayor form of government. BACKGROUND In 1972, the Anderson Building was constructed by the Wheat Ridge Volunteer Fire Department. The prefabricated metal building served as the City's offices, council chambers and recreation center. In 1979, the first outdoor pool was constructed and connected to the Anderson Building with a lobby that serves both facilities. The goal of this RFP is to contract with a qualified individual or firm to repair and/or replace the return line, skimmer line, skimmer, and the main drain. SCOPE OF WORK The actual services to be performed will be determined by the city, to include—but not limited to—the following areas: A. Perform leak detection or pipe pressure testing on all leisure pool skimmer and return lines. B. Confirm location of all line leaks. C. Demolition area and fix identified leak/leaks and broken skimmers and return lines. Reconstruct and replace area with appropriate pipe, elbows, soil. shotcrete, pool surface, tile and affected skimmers. D. Ensure that all leak repairs in the initial design and construction of the pool are returned to full working order. E. Ensure all repairs comply with all applicable local and state code and Model Aquatic Health Code Standard F. Test all repairs by pressure testing the lines to ensure full functionality G. Warranty workmanship for 5 years Except for items or materials indicated to be existing to remain, reused, salvaged, reinstalled, or otherwise indicated to remain the city's property, demolished materials shall become the contractor's property and shall be removed from the site with further disposition at the contractor's option. The city will occupy portions of the building immediately adjacent to selective demolition area. Conduct selective demolition so that city operations will not be disrupted. Provide not less than 72 hours' notice to city of activities that will affect city operations. Contractor will be expected to manage scheduling efforts in accordance with city activities and operations. Quality Assurance: A. Commercial pool repair like that indicated for this project. B. Regulatory Requirements: Comply with governing EPA and OSHA notification regulations before starting selective demolition. Comply with hauling and disposal regulations of authorities having jurisdiction. Examination A. Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. B. When unanticipated mechanical, electrical, or structural elements that conflict with the intended function or design are encountered, investigate, and measure the nature and extent of the conflict. Promptly submit a written report to the city. Product Specifications Leak Repairs Work Included: A. Shall include but not limit to the complete installation and repair of the affected skimmer line and replace all surfaces including aggregate, concrete, tile, and skimmers Experience/Qualifications. B. The installer shall provide documentation providing a minimum of five (5) successful projects of similar scope and complexity with current contact information and phone number. C. The installer shall provide documentation/certification that the laborer’s performing the work on site have applicable knowledge for repairs. Installation Specifications A. Follow manufacturer guidelines and Model Aquatic Health Code B. Applicable references for construction experience. Delivery, Storage and Handling A. If concrete, tile, and aggregate material is stored, it must be in a cool, dry area, protected from the elements. Submittals A. Submit product literature B. Submit all documents required above for experience and qualification. C. Provide subcontractor qualification for leak detection, and surfacing if applicable Environmental Requirements A. Environmental conditions must comply with manufacturer’s requirements and may not be applied to frozen or frost laden surfaces or when the temperature is 40 degrees F or due to fall to 40 degrees within 24 hours. B. Equipment shall match or exceed existing structure and equipment. C. Comply with governing environmental protection regulations. D. Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. E. Demolition and repair must meet applicable codes Inspections and Meetings A. Schedule a pool leak detection B. Attendees: Manufacturer’s representative, Pool Finish Installer, Contractor and its superintendent and other concerned parties shall attend the conference. All participants at the conference shall be familiar with the Project and authorized to conclude matters relating to the work. C. Agenda: Review the manufacturer’s application instructions and discuss items of significance that could affect progress and installation, including but not limited to the following: i. Construction schedule ii. Critical work sequencing iii. Accessibility iv. Designation of responsible personnel qualified to do the work v. Concrete surface preparation requirements vi. Pipe and skimmer repairs vii. Pool repair application and surface preparation viii. Verify and discuss if proposed work force is adequate to complete the installation as recommended by the manufacturer ix. Verify pool mechanical and chemical system is prepared for immediate start up after filling the pool Selective Demolition Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete Work within limitations of governing regulations and as follows: A. Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site. B. Dispose of demolished items and materials promptly. On-site storage or sale of removed items is prohibited. C. Return elements of construction and surfaces to remain to condition existing before start of selective demolition operations. Selective Demolition Schedule A. Follow all local and state pool regulations B. Remove the following necessary elements to gain access to the leaks in the skimmer and return lines. C. Pressure test the repaired lines D. Replace broken skimmers as necessary to address leaks E. Replace all surfaces to operational condition F. Reinstall the following: All onsite deck and pool equipment G. Repair any damage to equipment removed during refinishing process. Including but not limited to shotcrete, rebar, concreate, skimmers, pool surfaces including tile, and skimmers. Disposal of Demolished Materials A. General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on- site. B. Burning: Do not burn demolished materials. C. Disposal: Transport demolished materials off Owner's property and legally disposes of them. Patching and Repairs Where repairs to existing surfaces are required, patch to produce surfaces suitable for new materials. A. Completely fill holes and depressions in existing masonry walls to remain B. With an approved masonry patching material, applied according to manufacturer's printed recommendations. C. Restore exposed finishes of patched areas and extend finish restoration into adjoining construction to remain in a manner that eliminates evidence of patching and refinishing. Preparation A. Replace any tile damaged during the resurfacing project B. Follow Model Aquatic health code for resurfacing C. Resurface sumps and plug all inlets and drains before resurfacing. Remove pugs and install inlets and drain covers. D. Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. E. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. F. Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around selective demolition area. G. Erect temporary protection, such as walks, fences, railings, canopies, and covered passageways, where required by authorities having jurisdiction. H. Protect existing site improvements, appurtenances, and landscaping to remain. I. Cover and protect furniture, furnishings, and equipment that have not been removed. J. Erect and maintain dustproof partitions and temporary enclosures to limit dust and dirt migration and to separate areas from fumes and noise. K. Protect air-handling equipment. L. Protect main-drains and pool equipment M. Comply with all federal, State, and local safety regulations. Application Specifications Cleaning A. After work of this section has been completed, clean-up work area and remove all equipment, excess materials, and debris. Protect pool from damage until time of final completion. B. Remove and replace finishes that are chipped, cracked, abraded, improperly adhered, or otherwise damaged. C. At turnover to Owner, Contractor shall be responsible for, but not limited to, the following: i. Vacuuming and cleaning all pool floors, steps, and walls. ii. Removal of any debits on pool shell, equipment, and deck and piping D. Cleaning and replacing any damages tile and depth markers depth marker tiles, pool tile and gutter grating. E. Sweep the building broom clean on completion of selective demolition operation. F. Clean Drive and outside equipment treads G. Plugs and other devices used must be removed from skimmers. H. Ensure pool is in good condition and operations may begin in the spring Warranty A. It shall be noted that the pools may be subject to be drained for the winter season and/or prolonged periods of time for normal maintenance and cleaning. B. Lines should be pressure tested to ensure proper repair C. Concrete and surfaces must be replaced according to ASTM standards EVALUATION CRITERIA & PROCESS To simplify the review process and to obtain the maximum degree of comparability, the proposal must follow the outline described below and—at a minimum—contain the requested information. Firms will be judged not only on their experience for the type of work involved, but also on their ability to address issues critical to the success of the project requirements outlined in this RFP. Submittals should be formatted to correspond exactly to the bullets. Indexes for each of the categories are preferred, in the same order. Additional relevant information is encouraged. Omissions or incomplete responses in terms of content or aberrations in form may, at the city’s discretion, render the proposal non-responsive. If you would like to incorporate the city marketing logo or City seal in your submittal, please contact: Whitney Mugford-Smith at wmsmith@ci.wheatridge.co.us Submit the following information in your proposal, in this order: Signature Page and Forms (forms are required in order to qualify) 1. Proposer Information and Addendum Acknowledgement 2. Non-Discrimination Assurance Form 3. Non-Collusion Affidavit 4. Vendor Qualifications 5. General: Submit each item in this Article according to the Conditions of the Contract and Division 1 Specification Sections, for information only, unless otherwise indicated. 6. Proposed dust-control measures. 7. Proposed noise-control measures. 8. Schedule of selective demolition activities indicating the following: i. Detailed sequence of selective demolition and removal work, with starting and ending dates for each activity. ii. Interruption of utility services iii. Detailed sequence of selective demolition and removal work to ensure uninterrupted progress of Owner's on-site operations. iv. Coordination of Owner's continuing occupancy of portions of existing building and of Owner's partial occupancy of completed work. v. Locations of temporary partitions and means of egress. 9. Inventory of items to be removed and salvaged. 10. Photographs or videotape, sufficiently detailed, of existing conditions of adjoining construction and site improvements that might be misconstrued as damage caused by selective demolition operations. 1. Firm Capabilities and References for Similar Work Completed by Proposed Team a. Provide an overview of your company’s history. Include information on management, firm size, number of employees, years in business, location of working office, and other DBA’s. b. Provide references: include the name, current phone number and email address of the owner’s project manager for each project listed. Provide total dollar amount and a brief summary of the work performed, listing any sub-consultants you may have partnered with. c. Include any supplemental references or qualifications that may attest to your firm’s current ability to provide the required services. d. Demonstrate experience in overseeing and coordinating multiple, concurrent projects. e. State any MBE/WBE, disadvantaged business enterprise participation. f. Provide a statement agreeing to provide and maintain insurance per the RFP requirements, if awarded. g. Disclose any relationships the owner or employees may have that could be construed or perceived as personal or organizational conflicts of interest. h. Provide a summary regarding your firm’s financial stability. Disclose whether or not your firm or any affiliates have filed for bankruptcy or reorganization under bankruptcy laws. i. Detail any recycling, sustainable, or greening efforts made by your firm. 2. Scope of Submission a. Identify the team members and their respective roles, including any sub-consultants. b. Provide resumes of essential staff; indicate experience with similar projects, credentials of training, education, and certifications, and lengths of time with the company, c. Present a brief discussion regarding the experience and qualifications of the team working on similar projects together. Outline experience and references of the project manager on similar projects in the same capacity. d. Describe individual experiences with the city or other government agencies. Detail experience in the Denver metropolitan and other areas in Colorado. e. Describe the unique strengths and relevant experience your firm offers. 3. Effective Project Approach, Timeline, and Safety a. Provide information on current and projected (next 9 months) workload and how this project will be accomplished within that framework, outlining various phases, if any. b. Detail your approach in managing work to meet project deadlines, or an expedited schedule if needed. c. Identify any foreseeable problems in the implementation of the program. d. Describe how the objectives identified will be achieved. e. Demonstrate your understanding of the technical requirements. f. Discuss your customer service philosophy and your firm’s approach toward client communication and reporting. g. Discuss quality control methodology, including adherence to State and local procedures, construction documentation coordination and completion, and assurance of construction quality. h. Discuss cost control methodology, including estimates of probable cost within the owner’s established budget and coordination of value engineering activities. 4. Implementation, Installation, or Plan Effectiveness a. Details regarding dust and noise control b. Details regarding product specifications c. Details regarding cleanup and site management d. Details regarding disposal e. Provide a detailed schedule of events 5. Price and/ or Total Cost of Ownership a. Provide an equipment list along with anticipated costs b. Discuss your firm’s billing procedures, claims processing, reporting, collection, and customer service policies. c. Rates are negotiable. d. Provide a detailed statement of fees including individual rates for partners and support staff. Include all reimbursable expenses, which should be assumed to be billed at cost, without mark-up. e. Outline all rates/fees for staff including fringe benefits, payroll taxes, insurance, and overhead costs. f. List pricing for any or all of the requested services. g. Detail any value-added services such as reporting, training, public outreach, educational programs, resources, health and safety programs, investments, or service at public events. The City reserves the right to base its evaluation on a “Should Cost” analysis to reflect the real costs to the City arising out of, or incidental to the award. The City shall look to substance more than format and shall perform its cost and price evaluation on the basis of probable real costs. I. SELECTION PROCESS The selection committee may either recommend an award based on the proposals alone, or elect to short-list firms and conduct interviews. The short-list process includes written notification to the short-listed firms, interviews with firm members, reference checks on the top-ranked firm, and the negotiation of fees. 1) Short List: Submittals will be evaluated in accordance with the evaluation criteria above. The panel will review and score all proposals received. Firms with the highest scores may be invited to participate in oral interviews with the evaluation committee. 2) Oral Interviews: It is anticipated that oral interviews will be conducted in accordance to the schedule below. Short-listed firms will be notified in writing and invited to interview. Key personnel from the firm and major consultants who will be directly involved with the project should attend the interview. The selection committee will, in particular, be interested in knowing more about the firm’s previous experiences, the perceived ability to meet specified deadlines, and the overall project approach, and will appreciate the opportunity to converse with individuals who will act as the primary contacts for the project. 3) Fee Proposals and Final Selection: The City will attempt to negotiate a contract with the highest ranked firm, following the interview process. ADMINISTRATIVE AND OFFEROR INFORMATION 1. PROPOSAL OPENING, EVALUATION, AND AWARD There is no public opening. Names of each proposer will be posted on the city website. Proposals will be examined after opening and will be evaluated based on the evaluation criteria. The firm selected for the award will be chosen based on the apparent Best Value to the City and not necessarily based on lowest price. The City reserves the right to make multiple awards if deemed in the best interest of the City. No proposal may be withdrawn for a period of sixty (60) calendar days of the Proposal Opening date. 2. SALES AND USE TAXES Don’t include sales or use tax in your proposal, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 3. PROPOSER QUALIFICATIONS No proposal shall be accepted from and no contract will be awarded to any person, firm, or corporation that is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply or service bid upon and that they have the necessary financial resources to provide the proposed supply or service. 4. RIGHT TO INVESTIGATE The City reserves the right to investigate and confirm the proposer’s financial responsibility. This may include financial statements, bank references, and interview with past consultants, employees, and creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal. 5. NO COMMITMENT BY THE CITY OF WHEAT RIDGE This Request for Proposals does not commit the City of Wheat Ridge to award any costs or to pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a proposal to this request, or to procure or contract for services or supplies. In acceptance of proposals, the City of Wheat Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals, and to accept modifications of the work and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the proposers. 6. PROPOSAL REPRESENTATION Each proposer must sign the proposal and shall give his or her full business address on the form provided in this proposal. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto. 7. ANTI COLLUSION CLAUSE No officer or employee of the City of Wheat Ridge, and no other public official or employee who may exercise any function or responsibilities in the review or approval of this undertaking, shall have any personal or financial interest—direct or indirect—in any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this service. 8. INDEMNIFICATION: Contractor hereby indemnifies and agrees to hold the City and its representatives and agents harmless for and on account of any act or omission of the Contractor in the execution and completion of the project specified herein, and this indemnification shall extend to and include Bodily Injury, Property Damage or Personal Injury, including compensatory, economic, punitive or special damages suffer by any person or entity in connection with the project. Contractor agrees to defend the City hereunder and indemnify the City, to include all court costs and attorney’s fees incurred in any defense required to be undertaken by the City as a result of the actions of the Contractor on the project. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the City of any of the protections afforded the City by virtue of the provisions of the Colorado governmental Immunity Act (Colo. Rev. Stat. 24-10-101). 9. INSURANCE: Certificates of Insurance shall be attached to the executed contract documents and shall become part of the contract as information documents only. The certificates shall provide that the insurance shall not be cancelled or terminated prior to completion of the work and that thirty (30) days’ notice shall be given the City prior to cancellation of policies. The Contractor shall maintain a Commercial General Liability insurance policy to protect the Contractor and the City from any and all claims of bodily injury and property damage, including death, which may arise from the Contractor’s operations and completed operations under this Contract, including the work of its subcontractors. The liability policy shall be the primary and non-contributory insurance for such claims and shall not contain any “excess” or “other insurance” clauses which limit its primary coverage. The insurance requirements are as follows: Certificate Holder: City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033 Required City of Wheat Ridge, its officers and employees must be named as an additional insured to general liability policy. Required All policies as required shall provide a waiver of subrogation in favor of City of Wheat Ridge. Required Workers Compensation - statutory limits provided by an insurance carrier that is licensed to do business in Colorado. The policy shall contain a Waiver of Subrogation on behalf of City of Wheat Ridge. Employer’s liability: $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Required Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate $1,000,000 personal injury $2,000,000 products and completed operation aggregate If applicable to the scope of work, the following shall be included: -No exclusion for abuse or molestation -No exclusion for assault and battery -Liquor liability Required Builder’s Risk – The Contractor shall insure 100% of the replacement value of the work and materials installed and delivered, plus the replacement value of the work or materials furnished or delivered but not yet paid for by the City, for the life of the contract on an All-Risk basis, subject to the normal exclusions, terms, and conditions of the standard Builder’s Risk insurance policy with an insurance company or companies acceptable to the City. The Contractor shall be responsible for all damage to the work under construction until acceptance of and release of responsibility for the work to the City. Required Commercial Automobile Liability – including owned, hired, and non-owned vehicles. (If autos are used in the performance of work under this agreement). Combined single limit for bodily injury and property damage. Required $1,000,000 each accident Professional Liability/Errors and Omissions $1,000,000 each claim $1,000,000 aggregate Required The insurance requirements specified by the City shall remain in effect for the full term of the contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent to the City during the full term of the contract and/or agreement and any extension thereof. Required Any subcontractors must meet the same insurance requirements for the contract or purchase order unless Procurement has approved a deviation. Required 10. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout, and herein incorporated here by reference. The Proposer shall confirm its compliance with the 80% Colorado labor requirement of the Keep Jobs in Colorado Act, H.B. 13-1292, including C.R.S. 8-17-101,et seq. 11. SUBCONTRACTING No portion of this proposal may be subcontracted without the prior written approval of the City. 12. SALES PROHIBITED / CONFLICT OF INTEREST No officer, employee, or member of City Council shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services—where such officer or employee exercises (directly or indirectly) any decision-making authority concerning such sale or has any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment, kickback, or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited. 13. MODIFICATION OF AGREEMENT No modification of award shall be binding upon the City, unless made in writing and signed by authorized agents of both parties. 14. CANCELLATION Either party may cancel the award in the event that a petition—either voluntary or involuntary—is filed to declare the other party bankrupt or insolvent, or in the event that such party makes an assignment for the benefit of creditors. 15. TERMINATION OF AWARD FOR CAUSE If through any cause the successful proposer shall fail to fulfill in a timely and proper manner its obligations, or if the successful proposer shall violate any of the covenants, agreements, or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful proposer of such termination—specifying the effective date of termination. In that event, all finished or unfinished services, reports, or other materials prepared by the successful proposer shall—at the option of the City—become its property, and the successful proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, or prepared documents/materials furnished. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful proposer, and the City may withhold any payments to the successful vendor for the purpose of set-off, until such time as the exact amount of damages due the City from the successful proposer is determined. 16. TERMINATION OF AWARD FOR CONVENIENCE The City may terminate the award at any time by giving written notice to the successful vendor of such termination (specifying the effective date thereof) at least thirty (30) working days before the effective date of such termination. In that event all finished or unfinished services, reports, materials(s) prepared or furnished by the successful proposer under the award shall—at the option of the City—become its property. If the award is terminated by the City as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material of compensation previously made. If the award is terminated due to the fault of the successful proposer, termination of award for cause relative to termination shall apply. 17. EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It shall be a condition that any company, firm, or corporation supplying goods or services must be in compliance with the appropriate areas of the Americans with Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans with Disabilities Act may be required, upon request, by the City. 18. DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, the City of Wheat Ridge and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color or national origin be excluded from participation in the opportunity to bid or be discriminated against in consideration of award of this project. The Unites States has a right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21. 19. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The words “firm,” “bidder,” “vendor,” “offeror,” “contractor,” “consultant,” and “proposer” refer to any person, partnership, corporation, or other entity. 20. PROPRIETARY INFORMATION The evaluation committee will hold information provided by proposers during the solicitation process in confidence until the date of an award. After that date, proposals will become public record. Proposers may request parts of their proposals to remain confidential and shall indicate as such in the proposal and on the appropriate proprietary or financial pages. All information included in any proposal that is of a proprietary nature must be clearly marked. The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. An entire proposal shall not be considered proprietary. 21. COMPETITIVENESS AND INTEGRITY The Purchasing Office maintains control of its internal and third-party communications during the procurement process to prevent biased evaluations and compromises of confidential information, and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any employees of the City other than the contract representative. Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm’s offer. 22. PROPOSAL FORMAT All responses to this Request for Proposal shall use the respondent’s format, except for those pages which have blanks to be filled in by the respondent, or those pages marked for return with proposal. A proposal can be rejected by the city if the submitting firm fails to completely fill in all blanks for evaluation of the proposal or fails to answer all questions. Proposal should be submitted initially on the most favorable terms. All proposals shall be prepared in a comprehensive manner as to content; however, no necessity exists for expensive binders or promotional materials. All costs—including travel and expenses incurred in the preparation of this proposal— shall be borne solely by the proposer. 23. PROPOSAL REJECTION AND / OR PARTIAL ACCEPTANCE The City reserves the right to the following: • Reject any and all proposals. • Accept other than the lowest price. • Waive minor defects or technicalities, formalities, and informalities. • Accept in whole or in part such proposal where it is deemed advisable. • Make an award on the basis of the apparent greatest benefit to the City of Wheat Ridge. • Alter the scope of work reasonably and RFQ documents until a contract is executed. 24. GOVERNING LAW The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the State of Colorado—more specifically, Jefferson County, Colorado. 25. TAXES AND LICENSES BY THE AWARDED CONTRACTOR The contractor shall promptly pay—when they are due—all taxes, excises, license fees, and permit fees of whatever nature applicable to work which it performs under this agreement and shall take out and keep current all required municipal, County, State or Federal licenses required to perform this work. Additionally, the contractor shall furnish the City—upon request—duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses and taxes. Contractor shall promptly pay—when due— all bills, debts, and obligations it incurs performing work under this agreement, and to allow no lien, mortgage, judgment, or execution to be filed against land, facilities, or improvements owned by the City. 26. PROMPT PAYMENT DISCOUNTS In determining the most responsive price proposal(s) the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified in the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor in the evaluation of proposals. In connection with any prompt payment discount offered, time will be computed from date of receipt of a correct invoice to include the receipt and acceptance of performance. 27. ESCALATION All prices/fees/wages offered in response to this RFQ shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, it shall be the vendor’s responsibility to notify the City in advance of any anticipated changes in prices and submit a request for a price increase. This City limits price escalation requests to no more than one (1) rate adjustment per contract term. Increases will be considered up to 3% of the original contract value. All increases must be justified in writing. The City reserves the right to reject pricing increases and may choose to resolicit. The City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase, at a minimum. 28. OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. 29. FUNDING There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of this Section 2-4 of the Code of Laws. This contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January 1st of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise—expressed or implied—is made that such funding will be approved by the City Council, acting in its legislative discretion. 30. INDEPENDENT CONTRACTOR The consulting firm is an independent contractor. Notwithstanding any provision appearing in this RFQ, all personnel assigned by the firm to perform work under the terms of this RFQ and any subsequent agreement shall be—and remain at all times—employees or agents of the firm for all purposes. The firm shall make no representation that it is the employee of the City for any reason. 31. EMPLOYMENT OF LABOR The Consultant and each of the approved sub-consultants shall hire qualified workers for the project who are citizens of the Unites States or legal resident aliens with first preference being given, insofar as practicable, to those having served in the armed forces of the United States and having been honorably discharged or released from active duty therein. The Consultant shall employ only competent persons to do the work, and whenever requested in writing by the City Representative, the Consultant shall discharge any person who commits trespass or in, in the opinion of the City Representative, disorderly, dangerous, unfaithful, insubordinate, incompetent or otherwise unsatisfactory. 32. DUE DILIGENCE Due care and diligence have been used in the preparation of this information and it is believed to be substantially correct. The responsibility, however, for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or omissions in the specification, or for the failure on the part of the proposer in determining the full extent of exposure. 33. DEBRIEFING After the project award has been made, vendors may contact the City Purchasing Agent to request a debriefing on the selection process, as well as a discussion of the strengths and weaknesses of their firm’s proposal. 34. SECURITY ACCESS CARDS The City will issue security access cards to assigned workers. It will be at the discretion of the City to determine if the access cards are issued specifically for each worker, or if a guest card will be issued. 35. COOPERATIVE PROCUREMENT The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Wheat Ridge is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity. 36. VENDOR PERFORMANCE FEEDBACK The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 37. SAMPLE AGREEMENT A sample agreement is provided in the RFQ documents for informational purposes only. Do not complete or enclose with your submission. THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE RFP-23-0228-Skimmer and Leak Repair PROPOSER INFORMATION AND ADDENDUM ACKNOWLEDGMENT FEIN / SSN (Required) DUNS Federal ID number COMPANY NAME ADDRESS CITY STATE ZIPCODE PHONE CELL AUTHORIZED SIGNATURE REQUIRED—MUST BE IN INK or Digital PRINTED NAME TITLE EMAIL PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDA ACKNOWLEDGE ADDENDA: Proposer is responsible for confirming receipt of each addendum; please initial as applicable. #1 #2 #3 #4 DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE Signature acknowledges that proposer: 1) Has read the RFP documents thoroughly prior to submitting a proposal, 2) Will fulfill the obligations in accordance to the scope of work or specifications, terms, and conditions, 3) Is capable of performing quality work to achieve the City objectives, and 4) Is submitting without collusion with any other individual or firm. Bidder must complete and SUBMIT this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. 87-3821215 PCA Colorado LLC d.b.a Aquatic Resources 505 Violet Street Golden CO 80401 303-887-0709 Jordan Phelps Office Administrator jphelps@proaquatic.com JPJPJPJP Progressive Commercial Aquatics Texas Harris Russell Leto SECTION I - IDENTIFICATION 1.Identification of Applicant Firm A. Exact Legal Name of Applicant Firm DUNS # B. Address City State Zip Code C. Mailing Address, if different from above D.Primary Company Telephone No. Fax No: E.Applicant Firm's Contact Person for Public Works Office follow-up: Printed Name Title Telephone Number Email address F.Has the Applicant Firm changed its address or has the Firm or its Owner(s) operated under any other name(s) including other DBAs in the past five years? If yes, explain fully on a separate sheet of paper. No Yes G.Type of business organization: YEAR organization established: NUMBER of current full-time employees: Sole Proprietor Corporation Date and State of Incorporation Limited Partnership General Partnership Date and State of Partnership filing Limited Liability Company Limited Liability Partnership Date and State of filing Other (describe) H.Type of service(s) to be provided to the City of Wheat Ridge. CITY OF WHEAT RIDGE, CO VENDOR QUALIFICATION FORM RFP-23-0228-Skimmer and Leak Repair PCA Colorado LLC d.b.a Aquatic Resources 505 Violet Street Golden CO 80401 303-887-0709 Jordan Phelps Office Administrator 303-887-0709 jphelps@proaquatic.com 71986 Commercial Pool Builder 2510 Farrell Road Houston TX 77073 SECTION III – CONTRACTING HISTORY 1. Contracting History Include three (3) references for similar projects completed by the proposed team. 1. Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor 3. Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor 2. Company Name Contact Name Street Address City State Zip Phone # Fax # Contact Name Contact Email Address Contract Amount $ Start/Completion Dates Description of Work Type of Contractor (circle one): Prime Sub-contractor City of Laramie Jodi Guerin 920 Boulder Dr. Laramie WY 82070 307-721-5259 Jodi Guerin jguerin@cityoflaramie.org Sept 2023-Oct 2023 a Vortex water playscape. Additional leak detection is currently under way on the facility's hot tub before it gets re-tiled. Activity pool re-tile and re-plaster, along with the removal and installation of Foothills Pars & Recreation District Derek Eberhardt 6613 S. Ward St. Littleton CO 80127 303-501-6810 Derek Eberhardt dereke@fhprd.org Feb. 2022-June 2022 In the Spring of 2022, our organization renovated the 6th Avenue West outdoor pool. We repaired the existing stainless-steel gutters, capped off the facility's ground return lines, and activated the existing gutter's return line feature. Additionally, pool floatables were installed. Foothills Pars & Recreation District Derek Eberhardt 6613 S. Ward St. Littleton CO 80127 303-501-6810 Derek Eberhardt dereke@fhprd.org Feb. 2022-June 2022 In the Spring of 2022, our organization renovated the Columbine West outdoor pool. We installed stainless-steel gutters and pool floatables. 1. Criminal In the past five years has the applicant firm or any of its owners or affiliates: A. Been the subject of an investigation involving any alleged violation of criminal law? No Yes B. Been arrested, indicted, or named as an unindicted co-conspirator in any indictment or other accusatory instrument? No Yes C. Been convicted—after trial or by plea—of any felony under State or Federal law? No Yes D. Been convicted of any misdemeanor involving business-related crimes? No Yes E. Entered a plea of nolo contendere to a charge of embezzlement, theft, forgery, bribery, falsification, or destruction of records, receiving stolen property, or a violation of any antitrust laws? No Yes F. Entered into a consent decree? No Yes G. Been granted immunity from prosecution for any business0related conduct constituting a crime under State or Federal law? No Yes H. Taken the Fifth Amendment in testimony on any business-related crime? No Yes I. Paid a fine or settlement to resolve any criminal or civil violations or allegations involving a business activity? No Yes J. Do any owners in applicant firm have any pending felony charges against them that were filed either before, during, or after their employment with the applicant firm? No Yes 2. Regulatory Compliance In the past five years has the applicant firm, any of its owners or affiliates been cited for: A. Violation of any labor law or regulation, including prevailing wage rates and fair labor practices? No Yes B. An OSHA violation? No Yes C. Violation of Federal, State, or local environmental laws or regulations? No Yes D. Any other administrative, statutory, or regulatory violations? No Yes SECTION VI – ETHICS 1. False Statements, Bribes, Collusion In the past five years has the applicant firm, or any of its owners or affiliates: A. Filed with a government body (including the City of Wheat Ridge) or submitted to a government employee (including a City of Wheat Ridge employee) any form of document known by the applicant firm, any of its owners, or by the person submitting the document, to contain false information? No Yes B. Created or maintained false business records? No Yes C. Given—or offered to give—money or any other benefit to a public official or employee, with intent to influence that person regarding any of their official acts, duties, or decisions? No Yes D. Given—of offered to give—money or other benefit to an official or employee of a private business, with intent to induce that official or employee to engage in unethical or illegal business activities (including but not limited to improper gratuities and/or violations of lobbying regulations)? No Yes E. Agreed with another person or firm to bid below prevailing market rate? No Yes F. Agreed with another person or firm to submit identical or complimentary bids, or otherwise not to bid competitively? No Yes G. Agreed with another person or firm not to submit competitive bids in another’s territory established either by geography or by customers? No Yes H. Agreed with another person or firm to take turns in obtaining contracts by pre-determining which firm shall submit the lowest bid? No Yes 2. Conflict of Interest A. Does the applicant firm, any of its owners or project team members have any existing relationships that could be construed as either personal or organizational conflicts of interest, or which would give rise to a conflict if applicant firm should be a recipient of a contract with the City of Wheat Ridge? No Yes B. Has any owner or project team member of the applicant firm ever (if “Yes,” explain fully): 1. Been an employee of the City of Wheat Ridge, or served as a member of Wheat Ridge City Council? No Yes 2. Been related by blood or marriage to a City of Wheat Ridge employee or Council member? No Yes SECTION VII – ADDITIONAL DOCUMENTATION REQUIRED Additional document copies to be submitted with this application: 1. Letter of reference from your firm’s surety, stating current available aggregate and single project bonding capacity (this application will not be processed without this letter). 2. List of major equipment, by number and type, available for the project(s). 3. Certification of all IMSA certified personnel, if applying for traffic signal project(s). A minimum of two full-time employees must be certified at Level II or higher. Bidder must complete and SUBMIT this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. Type text here RFP-23-0228-Skimmer and Leak Repair SAMPLE AGREEMENT, FOR REVIEW ONLY THIS AGREEMENT made this day of month, 2023, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Vendor Name, Vendor Address hereinafter referred to as the “Contractor.” WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 – SERVICES The Contractor will serve as the City’s contractor and provide at a minimum all the professional services required as per RFx, as more fully described in the Request for XX (Exhibit A), the Vendor’s response to the RFx (Exhibit B) incorporated herein by reference. ARTICLE 2 – TERM The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. At the end of each year, if the City deems the Contractor’s performance acceptable and the pricing is consistent with the RFP response, the agreement may continue with automatic renewals. The agreement may be automatically renewed if: • The work has not been completed per the agreed upon Statement of Work • The City fails to contact your firm prior to the end of the current term regarding the desire to terminate. • Pricing remains firm for the renewal period. • The scope of work or specifications are not changed or modified. If at the end of each year the City desires to rebid, or the Contractor’s performance is not acceptable, the City and Contractor may elect to continue the agreement on a month-to-month basis until the rebid process is complete. ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor for services provided, and the Contractor will accept a not-to-exceed amount of dollars, ($XX.XX) annually as full payment for such services. Pricing will remain firm for renewal The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 22, in order to be processed in the same calendar year. A. Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B. Funding Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury • Property Damage $1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. ARTICLE 8 – INDEMNIFICATION The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. ARTICLE 9 – EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action shall include—but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training—including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 10 – CHARTER, LAWS, AND ORDINANCES The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. ARTICLE 11 – LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 18 – OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. ARTICLE 19 - COOPERATIVE PROCUREMENT The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Wheat Ridge is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity. ARTICLE 20 - VENDOR PERFORMANCE FEEDBACK The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation ARTICLE 21 – INTERNAL TEAM REVIEW Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ [RESERVED FOR PM], Project Manager/ Team Lead Date Signed ______________________________________ __________ [RESERVED FOR DIR], Department Director Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed ARTICLE 22 – AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, CO 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) CONTRACTOR APPROVED AS TO FORM: NAME ADDRESS CITY, STATE, ZIPCODE GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE ATTACHMENT A RFP-23-0228-Anderson Park Pool Leak Repair PRICE SCHEDULE SUBMIT ON THIS PAGE, OR ATTACH YOUR DETAILED PRICE OR REVENUE SCHEDULE NAME OF FIRM: ADDRESS: CHECK-LIST: The following information and forms must be included with your submittal, in this order:  Proposer Information Sheet  Acknowledgment of Addendum (if any)  Non-discrimination Form  Contractor’s Qualification Form (SHORT AND LONG FORMS INCLUDED IN DOCUMENT MASTER) Please be certain to address the following in your proposal:  Attendance at mandatory pre-bid meeting  Qualifications  Experience  Current Workload  Project Approach  Fee Schedule Please review the sample agreement, but do not include a copy with your proposal submittal. EXHIBIT A AFFIDAVIT Only the successful vendor—if an individual or sole proprietor—will be required to complete Exhibit A. I, , swear or affirm under penalty of perjury, and under the laws of the State of Colorado, that: Check only one: I am a United States citizen, OR I am a permanent resident of the United States, OR I am lawfully present in the United States, pursuant to Federal law. I understand that this sworn statement is required by law because I have applied for a public benefit. I understand that State law requires me to provide proof that I am lawfully present in the United States prior to receipt of this public benefit. I further acknowledge that making a false, fictitious, or fraudulent statement or representation in this sworn Affidavit is punishable under the criminal laws of Colorado as perjury in the second degree under C.R.S. 18- 8-503 and it shall constitute a separate criminal offense each time a public benefit is fraudulently received. SIGNATURE DATE I, , a City of Wheat Ridge employee, observed the identification supplied by the above-named individual and affirm that it appears to be valid and is of the following form: CHECK ONLY ONE: Colorado drivers’ license or State-issued identification card United States Military or Military dependent’s card Merchant Mariner Card Native American Tribal document Valid drivers’ license or state-issued identification card bearing applicant’s photograph, issued by one of the following (all states are not listed here—only those that verify lawful presence): AL, AZ, AR, CA, CN, DE, DC, FL, GA, D, IN, IA, KA, NJ, NYM, ND, OH, OK, PA, RIM, SC, SD, VA, WV, AND WY Certificate verifying naturalized status, issued by an authorized agency of the United States, bearing applicant’s intact photograph impressed with the raised, embossed seal of the issuing agency Valid immigration documents demonstrating lawful presence, and verified through the Systematic Alien Verification for Entitlements, administered by the United States Citizenship and Immigration Services of the Department of Homeland Security—valid immigration documents as follows: • Unexpired foreign passport bearing an unexpired “Processed for I-551” stamp or with an attached unexpired “Temporary I-551” visa • Unexpired foreign passport accompanied by an “I-94” indicating a specific future “until” date • “I-94” with refugee or asylum status • Unexpired “Resident Alien” card, “Permanent Resident” card, “Temporary Resident” card, or “Employment Authorization” card SIGNATURE DATE EXHIBIT B RFP-23-0228-Anderson Park Pool Leak Repair ACCEPTANCE OF CONDITIONS STATEMENT A. Proposing firm indicates acceptance of the following conditions: 1. City of Wheat Ridge prohibits contracting with firms that employ certain relatives of City employees, unless the City Council determines that the making of such a contract is in the City’s best interest. No City Council member, member of a City Board or Commission, Municipal judge, City Manager, City attorney(s), or employee of the City of Wheat Ridge—or any such person’s spouse, child, parent, brother, sister, dependent or person assuming a relationship being the substantial equivalent of the above—has an existing or pending (direct or indirect) financial, pecuniary, or personal interest in the proposing firm or this Request for Proposal (RFP), except as follows: 2. I / we hereby agree to all instructions, terms and conditions, and specifications contained herein. B. I / we acknowledge the following addenda: Proposing Firm’s Name: Address: Office Phone Number: Cell Phone Number: Submitted by: SIGNATURE DATE TITLE Attest (by officer if corporation) or notary (if individual): SIGNATURE My commission expires (if notarized): DATE 505 VIOLET STREET, GOLDEN, COLORADO 80401 | 303-887-0709 | LANDMARKAQUATIC.COM November 2, 2023 City of Wheat Ridge- Anderson Park Pool Skimmer, Line, and Leak Repair SCOPE OF WORK- Replace Skimmers (Two Total)- cut the concrete around skimmers, replace skimmers, patch the concrete. $15,500 Repair Main Drain Leak- cut the concrete, excavate to broken line, repair the PVC, pressure test for additional leaks, patch the concrete. $18,300 Repair Kiddie Slide Leak- cut the concrete, excavate to broken line, repair the PVC, backfill excavation site and patch the concrete. $11,600 Repair Return Line- cut the concrete, excavate to broken line, repair PVC, backfill excavation site, patch the concrete. $10,750 Pool Surface Crack Repairs- drain the pool, cut open the crack, install rebar staples at 12-inch intervals, inject high solids epoxy into the crack, patch the plaster. $42,000 Site Demo and Site Cleanup $6,000 EXCLUSIONS Additional pressure testing outside of the listed improvement areas. Electrical modification/ repairs, if at all applicable. *All repairs will be pressure tested and documented prior to the surrounding area being returned to full working order. PCA Colorado LLC shall not be responsible for any leaks not previously notated by ALD. If additional leaks in the aforementioned areas are discovered after performing our pressure test, PCA Colorado LLC will inform the city and provide a quote for repairs. Additional repairs would be considered a modification to the existing scope of work; thus, a signed change order is required prior to performing those repairs. * *PCA Colorado LLC shall not be held responsible for inadvertent damage to structures in proximity to the listed improvements, including but not limited to tile, decking, rock work, grout. PCA Colorado LLC assumes no responsibility for inadvertent damage caused by known or unknown pre-existing conditions. * *Additionally, our proposal is based on mutually agreeable terms and conditions. Any terms and conditions included in the bid package are subject to further negotiation if the project is awarded to our firm. * *There will be an additional $460 per day if the job is impacted due to inclement weather. * PROPOSAL - $104,150 *If a performance bond is necessary, an additional $2,563 will be added to the total cost, bringing the cost to $106,713. * Marsh McLennan Agency 825 Maryville Centre Drive | Suite 200 Chesterfield | MO 63017 T +1 314 594 2700 MarshMMA.com A business of Marsh McLennan Marsh & McLennan Agency LLC November 2, 2023 RE: Progressive Commercial Aquatics, LLC To Whom it May Concern: Progressive Commercial Aquatics, LLC is a valued Applied Surety Underwriters surety customer. Applied Surety Underwriters enjoys a Best Rating of A-. Due to Progressive Commercial Aquatics, LLC’s reputation, technical expertise, financial strength, quality equipment and experienced labor force, Marsh McLennan Agency is prepared to consider performance and payment bonds for single jobs in the $30,000,000 range with an aggregate work program of $100,000,000 subject to the conditions below. Should a project be awarded to and accepted by Progressive Commercial Aquatics, LLC, we are prepared to consider providing the required bonds on their behalf. Any bonds are subject to acceptable review of the contract terms and conditions, bond forms, confirmation of financing, and any other underwriting conditions at the time of the request. It should be understood that any arrangement for bonds is strictly a matter between Progressive Commercial Aquatics, LLC and Applied Surety Underwriters. We assume no liability to third parties or to you if for any reason we do not execute said bonds. Please feel free to contact me if you have any specific questions regarding Progressive Commercial Aquatics, LLC or their surety bond program. Very truly yours, Andrew P. Thome CEO The Quillian Center Noah's Ark At Houston First Methodist's Quillian Memorial Center, Progressive Commercial Aquatics removed an outdated play structure and spray features, and replaced them with a new Vortex play structure. The feature motor was upgraded by installing a 10 HP motor to ensure optimal flow for all the amazing new play features. In addition, Progressive stripped out the old plaster and tile, installed new quartz plaster along with eye catching blue/green waterline tile, and removed some coping and concrete to create a zero depth entry that guarantees accessibility for all. 1501 LAKE ROBINS THE WOODLANDS, TX 10570 Westpark Drive Houston, TeXas OWNER: The Quillian Memorial Center RENOVATION 2510 FARRELL ROAD, HOUSTON, TEXAS 77073 | 281-982-0212 | LANDMARKAQUATIC.COM Progressive Commercial Aquatics Westside Rec Center Recreation Pool The City of Conroe unveiled its Westside Recreation Center and Owen Park in January of 2023. Upon purchase, the city wanted to ensure the pool and pump room were in top shape, so Progressive completed a full repair and renovation. Neptune Benson horizontal sand filters, pump motors, a Hanovia UV system, Chemtrol chemistry controllers, auto-fill, a Lochinvar heater, and Accu-tab systems were installed. In addition to the pump room, the outdoor pool's renovation included new decking, plaster, tile, and coping. The suction and return piping for the main drains were re-plumbed to be compliant, and ADA chair lifts were added. 1501 LAKE ROBINS THE WOODLANDS, TX RENOVATION 10245 Owen Drive Conroe, Texas OWNER: City of Conroe 2510 FARRELL ROAD, HOUSTON, TEXAS 77073 | 281-982-0212 | LANDMARKAQUATIC.COM Progressive Commercial Aquatics Country Village Recreation Pool The Country Village Pool, a beautiful amenity of the North Briar HOA community, underwent a re-plaster of their lap pool and baby pool. Over 5,000-square-feet of plaster was removed from the pools. New quartz plaster was installed along with new water line and lane line tiles. The lane lines are a welcomed addition for the summer swim league. We also moved a railing on the stair entry to make entering and exiting the pool much easier for swimmers. 1501 LAKE ROBINS THE WOODLANDS, TX 12042 Riverview Drive Houston, Texas OWNER: North Briar HOA RENOVATION 2510 FARRELL ROAD, HOUSTON, TEXAS 77073 | 281-982-0212 | LANDMARKAQUATIC.COM Progressive Commercial Aquatics Dad's Club Competition Pool The outdoor, 5-lane competition and lesson pool at the Dad's Club in Spring Valley was first built in the 1950s. The plaster was very discolored and the deck needed some work. Progressive was able to completely strip the 33-yard uniquely-shaped polygonal pool, and replace over 5,000-square-feet of plaster. The surrounding deck areas were also recoated, some missing and chipped blue tile was replaced, and black tile was added to both stair entries. 1501 LAKE ROBINS THE WOODLANDS, TX 1006 Voss Rd Houston, Texas OWNER: Dad's Club RENOVATION 2510 FARRELL ROAD, HOUSTON, TEXAS 77073 | 281-982-0212 | LANDMARKAQUATIC.COM Progressive Commercial Aquatics Rice University Competition Pool The Rice University outdoor competition pool's renovation was completed in January of 2022. The pool was completely stripped of plaster down to the concrete shell, the main drain, or VGBA, covers were replaced, and new quartz plaster was applied to an area of over 12,000 square feet. This project was not for the weak. The pool holds over 750,000 gallons of water and Is 169 feet long. 1501 LAKE ROBINS THE WOODLANDS, TX 6100 Main Street Houston, Texas OWNER: Rice University RENOVATION 2510 FARRELL ROAD, HOUSTON, TEXAS 77073 | 281-982-0212 | LANDMARKAQUATIC.COM Progressive Commercial Aquatics Mont Belvieu Wave Pool The City of Mont Belvieu's Eagle Pointe Recreation Complex wave pool underwent a renovation completed at the end of 2022. There was a complete strip of plaster down to the concrete shell and over 14,000 square feet of new plaster was poured. Carbon fiber concrete staples were used to achieve stabilization of a pre-existing pool floor crack, and pebble-tech coating was applied after the zero-depth entry coating was removed. In addition, over 2,000 square feet of eye-catching, blue-toned, 2- inch-by-2-inch tile and main drain covers were replaced. 1501 LAKE ROBINS THE WOODLANDS, TX 12450 Eagle Pointe Dr Mont Belvieu, Texas OWNER: Eagle Pointe Recreation Complex RENOVATION 2510 FARRELL ROAD, HOUSTON, TEXAS 77073 | 281-982-0212 | LANDMARKAQUATIC.COM Progressive Commercial Aquatics Lake Jackson Rec Center Leisure Pool The plaster of the Lake Jackson Rec Center's leisure pool was in poor condition, flaky, and braking off in large chunks. The pool underwent a complete strip of plaster down to the concrete shell, and new quartz plaster was applied to an area of approximately 4,400 square feet. The main drain, or VGBA, covers were replaced. In addition, there was re-plumbing of the pump room to increase serviceability for operators. Schedule 40 PVC was replaced with schedule 80, and new flow meters were added as well. 1501 LAKE ROBINS THE WOODLANDS, TX 91 Lake Road Lake Jackson, Texas OWNER: City of Lake Jackson RENOVATION 2510 FARRELL ROAD, HOUSTON, TEXAS 77073 | 281-982-0212 | LANDMARKAQUATIC.COM Progressive Commercial Aquatics Fleet Swimming Pump Room The renovation for Fleet Swimming's pump room included digging out and concreting a new pump pit. There was also an addition of variable frequency drives, flow meters, and two flooded suction pumps, which makes priming much easier for operator. In addition, repetitive TR-140 filters were removed and replaced with two high-rate sand filters, current water heaters were relocated, and the system was re-attached to chillers. This project increased safety, eliminated the need to step over piping, and made all equipment more serviceable. 1501 LAKE ROBINS THE WOODLANDS, TX 14654 Spring Cypress Rd, Cypress, texas OWNER: Cypress Fairbanks Swim Club RENOVATION 2510 FARRELL ROAD, HOUSTON, TEXAS 77073 | 281-982-0212 | LANDMARKAQUATIC.COM Progressive Commercial Aquatics 505 VIOLET STREET, GOLDEN, COLORADO 80401 | 303-887-0709 | LANDMARKAQUATIC.COM City of Wheat Ridge Attn: Whitney Mugford-Smith Procurement Manager 11/20/2023 Project: RFP-23-0228- Anderson Pool Leak Repair From start to finish, PCA Colorado LLC is proposing a 14-day project timeline. a.PCA Colorado LLC proposes that the project be scheduled weather permitting to avoid a hindrance to theproject both in schedule and cost. SCOPE OF WORK- Replace Skimmers (Two Total)- cut the concrete around skimmers, replace skimmers, patch the surface with a similar color and aggregate. The proposed price includes a skimmer line repair in the immediate vicinity, this includes replacing both skimmers and about 12-18in of nearby line if it is the case that those areas require repair. That should be the same area tested in previous pressure testing and is the same area we will repair and perform our own pressure testing. $15,500 Repair Main Drain Leak- cut the concrete, excavate to broken line, repair the PVC, pressure test for additional leaks, patch the concrete. $18,300 Repair Kiddie Slide Leak- cut the concrete, excavate to broken line, repair the PVC, backfill excavation site and patch the concrete. $11,600 Repair Return Line- cut the concrete, excavate to broken line, repair PVC, backfill excavation site, patch the concrete. $10,750 Pool Surface Crack Repairs- drain the pool, cut open the crack, install rebar staples at 12-inch intervals, inject high solids epoxy into the crack, patch the plaster. $42,000 Site Demo and Site Cleanup $6,000 Tile Replacement: The replacement of affected tile is included in the proposed price; if the tile around the drains or inside of the skimmer throats needs to be replaced because it is impacted during repairs, we will do so. PCA Colorado LLC does not guarantee an exact match to the existing tile. EXCLUSIONS Additional pressure testing outside of the listed improvement areas. Electrical modification/ repairs, if at all applicable. Exhibit B 505 VIOLET STREET, GOLDEN, COLORADO 80401 | 303-887-0709 | LANDMARKAQUATIC.COM * PCA Colorado LLC is responsible for all damage to persons or property that occur as a result of PCA Colorado LLC’s fault or negligence. PCA Colorado LLC is responsible for inspecting the job site, all materials delivered, and the work performed until the completion and acceptance of the entire work. * *All repairs will be pressure tested and documented prior to the surrounding area being returned to full working order. PCA Colorado LLC shall not be responsible for any leaks not previously notated by ALD. If additional leaks in the aforementioned areas are discovered after performing our pressure test, PCA Colorado LLC will inform the city and provide a quote for repairs. Additional repairs would be considered a modification to the existing scope of work; thus, a signed change order is required prior to performing those repairs. * *Additionally, our proposal is based on mutually agreeable terms and conditions. Any terms and conditions included in the bid package are subject to further negotiation if the project is awarded to our firm. * PROPOSAL - $106,713 *This price includes the performance bond* ITEM NO: 2 DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 29-2023 – AN ORDINANCE APPROVING THE REZONING OF PROPERTIES LOCATED AT 3650 AND 3660 WADSWORTH BOULEVARD FROM RESTRICTED-COMMERCIAL (R-C) AND NEIGHBORHOOD-COMMERCIAL (N-C) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-08) PUBLIC HEARING ORDINANCES FOR 1ST READING (11/13/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (12/11/2023) RESOLUTIONS QUASI-JUDICIAL: YES NO _ ____________________________ Community Development Director City Manager ISSUE: Batt Cave LLC is requesting approval of a zone change from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for the properties at 3650 and 3660 Wadsworth Boulevard. The zone change will result in one zoning across both parcels, will provide a continuation of the MU-N zoning from the east, and reflects both the transitional nature of this location and the character of the Wadsworth Corridor. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on November 2, 2023, and recommended approval. The staff report and a copy of the draft Planning Commission minutes are attached. City Council approved this ordinance on first reading on November 13, 2023. A motion was made by Councilmember Hoppe and seconded by Councilmember Stites and was approved by a vote of 7 to 0 with Councilmember Larson abstaining. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-23-08. If the Council Action Form – Proposed Rezoning at 3650-3660 Wadsworth Boulevard December 11, 2023 Page 2 rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees and use tax. BACKGROUND: The site is located on the east side of Wadsworth Boulevard between W. 38th Avenue and W. 36th Avenue. The property at 3660 Wadsworth Boulevard is zoned Neighborhood-Commercial (NC) and 3650 Wadsworth Boulevard is zoned Restricted-Commercial (RC). Properties to the north and east are zoned Mixed Use-Neighborhood (MU-N), Residential-Three (R-3) to the south, and Mixed Use-Commercial (MU-C) to the west. All neighboring properties are predominantly commercial in nature with some higher density residential to the south. According to the Jefferson County Assessor, the total site is approximately 48,088 sf (1.104 ac) in size and currently contains a 1,121 sf converted house built in 1953 used for offices at 3650 Wadsworth and 1,784 sf converted house built in 1947 used for offices at 3660 Wadsworth. The two parcels that make up the site are currently un-platted. Current Zoning The properties are currently zoned R-C and N-C which are some of the City’s legacy commercial zone districts. The R-C zone district was established to accommodate various types of office uses including administrative, professional and personal services, and to provide for a limited range of retail uses which are neighborhood-oriented. The N-C zone district was established to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services. Proposed Zoning The applicant is requesting a zone change to MU-N to allow a wider range of uses and to align the properties’ zoning with the Envision Wheat Ridge Comprehensive Plan (the “Comprehensive Plan”), the Wadsworth Corridor Subarea Plan (the “Corridor Plan”), and other properties on the corridor. The MU-N zone district is generally located along neighborhood main streets and at neighborhood commercial centers, and was established to encourage medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood-serving commercial and retail uses. Staff believes the zone change would bring the property into conformance with the adjacent mixed use zoning. Although no development for the site is proposed at this time, a zone change to MU-N would provide consistent zoning across both parcels, provide more consistent zoning in the area, allow a wider range of use options should it redevelop in the future, and bring the site into conformance with the long term goals for the corridor. A full analysis of the zone change criteria is provided in the Planning Division staff report which is Attachment 2. Council Action Form – Proposed Rezoning at 3650-3660 Wadsworth Boulevard December 11, 2023 Page 3 RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 29-2023, an ordinance approving the rezoning of properties located at 3650 and 3660 Wadsworth Boulevard from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use-Neighborhood (MU-N) on second reading, order it published, and that it take effect 15 days after final publication.” or, “I move to deny Council Bill No. 29-2023, an ordinance approving the rezoning of properties located at 3650 and 3660 Wadsworth Boulevard from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning does not comply with the criteria for review in Section 26-112.E of the Code of Laws for the reasons expressed in the record and the statements of Councilmembers voting against the application. 3. … 4. …” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 29-2023 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes (11/02/23) ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER HOPPE COUNCIL BILL NO. 29 ORDINANCE NO. 1781 Series of 2023 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTIES LOCATED AT 3650 AND 3660 WADSWORTH BOULEVARD FROM RESTRICTED-COMMERCIAL (R-C) AND NEIGHBORHOOD-COMMERCIAL (N-C) TO MIXED USE-NEIGHBORHOOD (MU-N) (CASE NO. WZ-23-08) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Batt Cave LLC has submitted a land use application for approval of a zone change to the Mixed Use-Neighborhood (MU-N) zone district for properties located at 3650 and 3660 Wadsworth Boulevard; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates areas containing neighborhood buffers, including the subject site, as a priority for the conversion of underutilized properties to serve as a mix of residential and small-scale commercial developments; and WHEREAS, a rezoning to MU-N would result in one zoning across both parcels, will provide a continuation of the MU-N zoning from the east, and reflects the transitional nature of this location and the character of the Wadsworth Corridor; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on November 2, 2023, and recommended approval of rezoning the property to MU-N. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Restricted-Commercial (R-C) and Neighborhood-Commercial (N-C) to Mixed Use-Neighborhood (MU-N) for properties located at 3650 and 3660 Wadsworth Boulevard, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: THAT PART OF THE NORTHWEST ¼ NORTHWEST ¼ NORTHEAST ¼ OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30 FEET EAST AND 532.2 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST ¼ OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST; THENCE EAST, 235.5 FEET TO A POINT (THE WEST LINE OF THE DAVIS TRACT AS DESCRIBED IN BOOK 260 AT PAGE 247); THENCE SOUTH, 128.2 FEET; THENCE WEST, 235.5 FEET; THENCE NORTH, 128.2 FEET TO THE POINT OF BEGINNING; EXCEPT THE SOUTH 25 FEET THEREOF; AND EXCEPT THAT PARCEL CONVEYED IN SPECIAL WARRANTY DEED RECORDED MARCH 26, 1959 IN BOOK 1183 AT PAGE 130; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE IN WARRANTY DEED RECORDED MAY 6, 2021 AT RECEPTION NO. 2021071041, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THAT PART OF THE NORTHWEST ¼ OF THE NORTHEAST ¼ OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 30 FEET EAST AND 412.2 FEET SOUTH OF THE NORTHWEST CORNER OF THE NORTHEAST ¼ OF SECTION 26, MARKED BY A STONE ON EAST LINE OF WADSWORTH BOULEVARD; THENCE EAST, 235.5 FEET TO A POINT; THENCE SOUTH, 120.0 FEET TO A POINT; THENCE WEST, 235.5 FEET TO A POINT ON THE WEST LINE OF WADSWORTH;THENCE NORTH, 120.0 FEET ALONG THE WEST LINE OF WADSWORTH BOULEVARD TO THE POINT OF BEGINNING; EXCEPT THE WEST 15 FEET OF THE ABOVE DESCRIBED PROPERTY AS GRANTED TO THE DEPARTMENT OF HIGHWAYS BY INSTRUMENT RECORDED MAY 26, 1959 IN BOOK 1183 AT PAGE 132; AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF WHEAT RIDGE IN WARRANTY DEED RECORDED AUGUST 25, 2020 AT RECEPTION NO. 2020105330, COUNTY OF JEFFERSON, STATE OF COLORADO. Section 2. Vested Property Rights. Approval of this zone change does not create vested property rights. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 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 Monday, December 11, 2023, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this ____ day of ___________, 2023. SIGNED by the Mayor on this _______ day of _______________, 2023. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: November 14, 2023 2nd publication: December 12, 2023 www.ci.wheatridge.co.us: Effective Date: December 27, 2023 Planning Commission 1 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: November 2, 2023 (Planning Commission) / December 11, 2023 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner II CASE NO. & NAME: WZ-23-08 / 3650-3660 Wadsworth Rezone ACTION REQUESTED: Approval of a zone change from Restricted Commercial (R-C) and Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N). LOCATION OF REQUEST: 3650 and 3660 Wadsworth Boulevard APPLICANT / OWNER: City of Wheat Ridge APPROXIMATE AREA: 3650 Wadsworth Boulevard: 21,208 square feet (.487 acres) 3660 Wadsworth Boulevard: 26,880 square feet (.617 acres) PRESENT ZONING: 3650 Wadsworth Boulevard: Restricted Commercial (R-C) 3660 Wadsworth Boulevard: Neighborhood Commercial (N-C) COMPREHENSIVE PLAN: Neighborhood Buffer Area, Primary Commercial Corridor ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Batt Cave, LLC, as owner of the south parcel and as representative for RX Pharmacies Plus, Inc., owner of the north parcel, is requesting approval of a zone change from Neighborhood Commercial (N-C) and Restricted Commercial (R-C) to Mixed Use-Neighborhood (MU-N).The zone change will result in one zoning across both parcels, will provide a continuation of the MU-N zoning from the east, and reflects the transitional nature of this location and the character of the Wadsworth Corridor. The applicant is proposing to rezone the properties to allow more flexibility of uses on the land. Redevelopment is not proposed at this time. II. EXISTING CONDITIONS The site is located on the east side of Wadsworth Boulevard between of W. 38th Avenue and W. 36th Avenue (Exhibit 1, Aerial). The property at 3660 Wadsworth Boulevard is zoned Neighborhood-Commercial (NC) and 3650 Wadsworth Boulevard is zoned Restricted-Commercial (RC). Properties to the north and east are zoned Mixed Use-Neighborhood (MU-N), Residential-Three (R-3) to the south, and Mixed Use-Commercial (MU-C) to the west (Exhibit 2, Zoning). All neighboring properties are predominantly commercial in nature with some higher density residential existing to the south. According to the Jefferson County Assessor, the total site is approximately 48,088 sf (1.104 ac) in size and currently contains a 1,121 sf converted house built in 1953 used for offices at 3650 Wadsworth and 1,784 sf converted house built in 1947 used for offices at 3660 Wadsworth. The two lots that make up the site are currently unplatted. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Wadsworth Improvement Project began construction in November 2021. It will expand roadway capacity, improve safety for all users, and provide continuous sidewalks. Land for right-of-way dedication along the western property lines was required for this property as part of the project. III. PROPOSED ZONING The applicant is requesting a zone change to MU-N. The MU-N zone district is generally located along neighborhood main streets and at neighborhood commercial centers, and was established to encourage medium density mixed use development. In addition to residential and civic uses, it allows for a more limited range of neighborhood-serving commercial and retail uses. The properties are currently zoned R-C and N-C which are some of the City’s legacy commercial zone districts. The R-C zone district was established to accommodate various types of office uses performing administrative, professional and personal services, and to provide for a limited range of retail uses which are neighborhood oriented. The N-C zone district was established to provide for a reasonably compatible transition between residential and more intensive commercial land uses. It provides for residential scale, neighborhood-oriented professional offices and services. The applicant is requesting to rezone the properties to allow a wider range of uses and to align the property’s zoning with the Envision Wheat Ridge Comprehensive Plan (the “Comprehensive Plan”), the Wadsworth Corridor Subarea Plan (the “Corridor Plan”), and other properties on the corridor. (Exhibit 3, Applicant Letter). Staff believes the zone change would bring the property into conformance with the adjacent mixed use zoning. Although no development for the site is proposed at this time, a zone change to MU-N would provide consistent zoning across both parcels, provide more consistent zoning in the area, allow a wider range of use options should it redevelop in the future, and bring the site into conformance with the long term goals for the corridor. Planning Commission 3 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone The current R-C and N-C zoning is reflective of long-standing commercial uses in the City. These districts date back to the City’s original 1972 zoning map. The MU-N and R-C and N-C districts have some similar development standards, with permitted uses being the most notable difference. The R-C and N-C zone districts allow for a very limited number of commercial land uses which include office, general business, and retail sales and service establishments. By contrast, MU-N would allow for a broader range of commercial uses, residential uses, or a mix of the two. The City legislatively rezoned a portion of the Wadsworth Corridor to Mixed Use-Commercial (MU-C) in 2011. That boundary was generally from W. 35th Avenue to W. 45th Avenue in the commercial core. The boundary for the rezoning was coterminous with the boundaries of the urban renewal areas at the time. The legislative MU-C rezone did not include the subject properties which are outside of the Wadsworth Urban Renewal Area. A rezoning of the subject properties to MU-N would be appropriate based on the Comprehensive Plan, based on the original intent of the legislative zone change, based on the size of the properties, and to achieve more uniform zoning on the block. A summary of the MU-N zone district as it compares to R-C and N-C is provided below. PROPOSED ZONING Mixed Use-Neighborhood (MU-N) CURRENT ZONING Restricted Commercial (R-C) Neighborhood Commercial (N-C) Uses Allows residential, commercial, or mixed use – includes multi-family and live/work facilities Allows limited commercial uses – includes office, general business, retail sales, and service establishments Architectural Standards Mixed-Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Architectural and Site Design Manual standards apply Max. Building Height 35’ if the building contains residential uses 50’ if the building contains only commercial R-C: 50’ N-C: 35’ Max. Lot coverage 90% for mixed use 85% for single use 80% Min. Landscaping 10% for mixed use 15% for single use 20% Build-to Area 0-12’ along primary and secondary frontages n/a Setbacks Side: 0’ Rear: 5’ West (front): 50’ North (side): 5’ per story South (side): 5’ per story East (rear): 10’ Residential Density Maximum of 21 dwelling units/acre n/a IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base their decision on whether the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Based on the existing character and land use patterns along Wadsworth Boulevard, the MU-N zone district is more appropriate than R-C and N-C in terms of allowed land uses. The MU-N zoning is expected to add value to the subject properties by expanding development potential in terms of use and form. The mixed-use Planning Commission 4 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone development standards will support compatibility between any potential future redevelopment and existing land uses. In addition, design standards for MU-N are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Finally, rezoning these two parcels to MU-N will create a more uniform zoning in the area. For these reasons, the zone change should not have an adverse effect on the surrounding area. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. Adequate infrastructure currently serves the property. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan and/or building permit review will be required for any future major change of use, and will ensure compliance with current Building Codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Wadsworth Boulevard is a primary north-south thoroughfare in the City, is classified as a major arterial, and is predominantly commercial in character from I-70 to W. 38th Avenue. From W. 38th Avenue south to W. 35th Avenue is a transition area. South of W. 35th Avenue is primarily residential. These parcels are within that commercial-to-residential transition area. Envision Wheat Ridge, the City’s 2009 comprehensive plan, identifies this corridor as a Primary Commercial Corridor (Exhibit 5, Comprehensive Plan). This designation envisions a corridor with a broad mix of activities, accommodating multiple transportation modes and exemplifying high quality urban design and appearance over time. Specifically, for Wadsworth, the comprehensive plan notes the importance of improving the appearance and function of the corridor and working to redevelop outdated and underutilized properties. Additionally, these properties were identified as part of a Neighborhood Buffer Area, a designation reserved for sites located on the edges of neighborhoods and is intended to act as a transition between low intensity residential uses and higher intensity commercial uses. The Comprehensive Plan envisions the conversion of underutilized properties to serve as a mix of residential and small scale commercial developments. A stated goal in the comprehensive plan is to promote reinvestment in property and to promote a mix of neighborhood supporting uses, including residential use and office use. This zone change request supports the comprehensive plan by enabling investment in the properties, by expanding the permitted uses, and by aligning the zoning with the City’s mixed-use goals for this corridor. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Planning Commission 5 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone Staff has not found any evidence of an error with the current R-C and N-C zoning designations as they appear on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The Wadsworth Corridor has evolved significantly since the original R-C and N-C zoning and original development. The land uses along Wadsworth are evolving to be more compatible with the regional transportation purposes this street serves. Commercial and multi-unit investments along the corridor continue and are expected to continue as the City invests in the roadway and streetscape improvements. The remaining R-C and N-C zoning along Wadsworth does not reflect the reality of the corridor as a major regional arterial primarily because the list of permitted uses is unreasonably limited for this context, making it difficult to attract tenants or reinvest in the property. This reasoning was the basis for the legislative rezoning in 2011. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on April 18, 2023. This meeting was advertised and conducted as a virtual meeting on Zoom. No one from the public attended the virtual meeting in addition to the applicant and staff (Exhibit 4, Neighborhood Meeting Notes). As of the date of distribution of this staff report, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Economic Development: No comments. Wheat Ridge Engineering Division: No comments. Wheat Ridge Public Works: No comments. Planning Commission 6 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone West Metro Fire Protection District: No objections. Any future development would be referred to the district for review and approval. Xcel Energy: All existing easements must be maintained. Any future development would be referred to the district for review and approval. Century Link / Lumen: No comments received. Comcast Cable: No comments received. Wheat Ridge Water District: No comments received. Any future development would be referred to the district for review and approval. Wheat Ridge Sanitation District: No objections. Any future development would be referred to the district for review and approval. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-23-08. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-23-08, a request for approval of a zone change from Neighborhood Commercial (N-C) and Restricted Commercial (R-C) to Mixed Use-Neighborhood (MU-N). for properties located at 3650 and 3660 Wadsworth Boulevard for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-23-08, a request for approval of a zone change from Neighborhood Commercial (N-C) and Restricted Commercial (R-C) to Mixed Use-Neighborhood (MU-N). for properties located at 3650 and 3660 Wadsworth Boulevard for the following reasons: 1. 2. …” Planning Commission 7 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone EXHIBIT 1: AERIAL Planning Commission 8 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone EXHIBIT 2: ZONING MAP Planning Commission 9 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone EXHIBIT 3: APPLICANT LETTER Planning Commission 10 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: April 18, 2023 Attending Staff: Stephanie Stevens, Senior Planner Alayna Olivas-Loera, Planner I Location of Meeting: Virtual Property Address: 3650-3660 Wadsworth Boulevard Property Owner(s): Batt Cave LLC and Rx Pharmacies Plus Inc. Property Owner(s) Present? Yes Applicant: Kathy Muller and Paul Battista Applicant Present? Yes Existing Zoning: Restricted-Commercial (RC) and Neighborhood- Commercial (NC) Existing Comp. Plan: Neighborhood Buffer Area, Primary Commercial Corridor Existing Site Conditions: The site is located on the east side of Wadsworth Boulevard between of W. 38th Avenue and W. 36th Avenue. The property at 3660 Wadsworth Boulevard is zoned Neighborhood-Commercial (NC) and 3650 Wadsworth Boulevard is zoned Restricted-Commercial (RC). Properties to the north and east are zoned Mixed Use-Neighborhood (MU-N), Residential-Three (R-3) to the south, and Mixed Use-Commercial (MU-C) to the west. All neighboring properties are predominantly commercial in nature with some higher density residential existing to the south. According to the Jefferson County Assessor, the total site is approximately 48,088 sf (1.104 ac) in size and currently contains a 1,121 sf converted house built in 1953 used for offices at 3650 Wadsworth and 1,784 sf converted house built in 1947 used for offices at 3660 Wadsworth. The two lots that make up the site are currently unplatted. Wadsworth Boulevard is one of Wheat Ridge’s main north-south arterials. The Wadsworth Improvement Project began construction in November 2021. It will expand roadway capacity, improve safety for all users, and provide continuous sidewalks. Land for right-of-way dedication along the western property line was required for this property as part of the project. EXHIBIT 4: NEIGHBORHOOD MEETING Planning Commission 11 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone Applicant/Owner Preliminary Proposal: The applicants are proposing to rezone the site from NC and RC to MU-N to allow for more flexibility in use in the future. No redevelopment is currently being proposed and the two properties will continue to function as offices. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, no members of the public attended the neighborhood meeting. The participant list is attached from Zoom, which serves as the virtual sign-in sheet. • Staff discussed the site, its zoning and future land use. • The applicant was informed of the process for the Zone Change. • Staff discussed opportunity to make public comments during the process and at the public hearing, if required. No issues were discussed regarding the Zone Change request and proposed development. Zoom Attendee Report: User Name (Original Name) Stephanie Stevens - City of Wheat Ridge Alayna Olivas-Loera – City of Wheat Ridge Kathy Muller - Owner Paul Battista - Owner Planning Commission 12 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 5: COMPREHENSIVE PLAN Subject Properties Primary Commercial Corridor (Wadsworth Boulevard) Planning Commission 13 Case No. WZ-23-08 / 3650-3660 Wadsworth Rezone EXHIBIT 6: SITE PHOTOS View of the 3660 Wadsworth looking north from Wadsworth Blvd. (Source: Google Maps, November 2022) View of the subject properties looking east from Wadsworth Blvd. (Source: Google Maps, November 2022) View of the 3650 Wadsworth looking south from Wadsworth Blvd. (Source: Google Maps, November 2022) Planning Commission Minutes - 1 – November 2, 2023 PLANNING COMMISSION Minutes of Meeting November 2, 2023 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair DITULLIO at 6:30 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2. ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Jerry DiTullio Daniel Graeve Will Kerns Daniel Larson Patrick Quinn Jonathan Schelke Commission Members Absent: Janet Leo Staff Members Present: Jana Easley, Planning Manager Alayna Olivas-Loera, Planner II Tammy Odean, Recording Secretary 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 5. APPROVAL OF MINUTES – October 19, 2023 It was moved by Commissioner QUINN and seconded by Commissioner GRAEVE to approve the minutes of October 19, 2023, as written. Motion carried 5-0-2 with Commissioners DISNEY and KERNS. 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING Planning Commission Minutes - 2 – November 2, 2023 A. Case No. WZ-23-08: an application filed by Batt Cave, LLC for approval of a zone change from Restricted Commercial (R-C) and Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) on properties located at 3650 and 3660 Wadsworth Boulevard. Chair DITULLIO opened the public hearing. Ms. Olivas-Loera gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. The applicant was in attendance to answer any questions. Public Input No one wished to speak at this time. In response to a question regarding setbacks for a building in the MU-N zone district, Ms. Olivas-Loera explained that a building can be built up to the property line, unless a residential property is adjacent to the site. She added it will be evaluated during the Site Plan process. Commissioner DISNEY inquired why this property was not rezoned to Mixed Use- Commercial (MU-C). Ms. Olivas-Loera explained the reasoning behind MU-N is due to the size and location of the property; it is much smaller than MU-C properties. Commissioner KERNS asked about the height limit in MU-N. Ms. Olivas-Loera confirmed that the residential the height limit is 35 feet per the City’s Charter and for non-residential it can be up to 55 feet in height. Commissioner DITULLIO asked if the current owners of the properties are requesting the rezone or if a potential buyer is requesting the rezone. Ms. Olivas-Loera clarified it is the current owners and there are no potential buyers at this time, to staff’s knowledge. Chair DITULLIO closed the public hearing. It was moved by Commissioner QUINN and seconded by Commissioner KERNS to recommend APPROVAL of Case No. WZ-23-08, a request for approval of a zone change from Restricted Commercial (R-C) and Planning Commission Minutes - 3 – November 2, 2023 Neighborhood Commercial (N-C) to Mixed Use-Neighborhood (MU-N) on properties located at 3650 and 3660 Wadsworth Boulevard for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of Wadsworth Boulevard. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request. Motion carried 7-0 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates Ms. Easley mentioned there will not be a meeting held on November 16 but there will possibly be a meeting on Dec. 7 and staff will confirm later if there will be a meeting held on December 21. B. Project and Development Updates No project and/or development updated at this time. C. Commissioner Updates Commissioner LARSON reminded all to vote on or by November 7. In response to a question from Commissioner SCHELKE, Ms. Easley explained a property owner can hold on to vacant land or vacant buildings as long as they are paying their property taxes. Commissioner DITULLIO reminded the viewers that Tabor Refund checks have been mailed and explained the name on the check is the first person listed on the title, and unfortunately multiple names are not listed on the checks. He also reminded all to vote and currently Jeffco has a 16% return rate on ballots. Planning Commission Minutes - 4 – November 2, 2023 10. ADJOURNMENT It was moved by Commissioner QUINN and seconded by Commissioner DISNEY to adjourn the meeting at 6:52 p.m. Motion carried 6-0. __________________________ _______________________________ Jerry DiTullio, Chair Tammy Odean, Recording Secretary ITEM NO: 3 DATE: December 11, 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. A motion was made by Councilmember Snell and seconded by Councilmember Stites and was approved by a vote of 8 to 0. Council Action Form – CSO/Compliance Officer Authority December 11, 2023 Page 2 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. 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 on second reading, order it published, 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 concerning Community Service Officer enforcement powers 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 SNELL 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 8 to 0 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, and that it tases effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______________, 2023. SIGNED by the Mayor on this _____ day of ____________, 2023. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald 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: December 11, 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: City Council approved this ordinance on first reading on November 27, 2023. A motion was made by Councilmember Stites and seconded by Councilmember Ohm and was approved by a vote of 8 to 0. 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 December 11, 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 December 11, 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, on second reading, order it published, 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 December 11, 2023 Page 4 REPORT PREPARED/REVIEWED BY: Jordan Jefferies, 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 STITES 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 8 to 0 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: December 11, 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: City Council approved this ordinance on first reading on November 27, 2023. A motion was made by Councilmember Dozeman and seconded by Councilmember Stites and was approved by a vote of 8 to 0. 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 December 11, 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 right-of-way interest held by the City in a portion of Miller Court, on second reading, order it published, and that it takes effect immediately.” Or, “I move to postpone indefinitely Council Bill No. 32-2023, an ordinance vacating any right-of- way interest held by the City in a portion of Miller Court for the following reason(s) ________________.” Council Action Form – Miller Court Vacation December 11, 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 DOZEMAN COUNCIL BILL NO. 32 ORDINANCE NO. 1784 Series 2023 TITLE: COUNCIL BILL NO. 32-2023 – 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 B Y 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 8 to 0 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 www.ci.wheatridge.co.us: 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: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NUMBER 33-2023 – AN ORDINANCE AMENDING SECTION 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF THE WHEAT RIDGE LIQUOR LICENSING AUTHORITY PUBLIC HEARING ORDINANCES FOR 1ST READING (12/11/2023) BIDS/MOTIONS ORDINANCES FOR 2ND READING (01/08/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager ISSUE: City Council amended the City’s Boards and Commissions Code to create new regulations pertaining to term limits, unexcused absences, automatic removal, approximately equal district representation of board members, and Council’s ability to remove members among other things. While certain provisions extend to the Liquor Licensing Authority (LLA), amendments concerning term limits, district representation, and Council’s removal authority do not apply to the LLA. This ordinance will amend the Code to extend these provisions of the Boards and Commissions Code amendments to the Liquor Licensing Authority. PRIOR ACTION: On August 7, 2023, Council held a Study Session during which they reached consensus to amend the City’s Boards and Commissions Code. Subsequently, the Council adopted Ordinance No. 1777 on October 9, 2023. FINANCIAL IMPACT: None Council Action Form – Liquor License Authority Code Amendments December 11, 2023 Page 2 BACKGROUND: Ordinance No. 1777 amended the City’s Boards and Commissions Code. It created new regulations pertaining to term limits, unexcused absences, automatic removal, approximately equal district representation of board members, and Council’s ability to remove members among other things. While certain provisions, like those redefining unexcused absences and implementing a new automatic removal policy extend to the Liquor Licensing Authority (LLA), amendments concerning term limits, district representation, and Council’s removal authority do not apply to the LLA. This is because the LLA is governed by a distinct section of the Municipal Code separate from the Boards and Commissions Code. The LLA’s purpose is to promote the health, safety and welfare of the present and future inhabitants of the City by regulating, controlling, and licensing the sale of malt, vinous, or spirituous liquors and fermented malt beverages. Its responsibilities include reviewing applications for liquor licenses and making quasi-judicial decisions to approve or reject these licenses. Although some liquor permits may be authorized by staff, many require the approval of the LLA. The LLA is similar to other quasi-judicial bodies in the City of Wheat Ridge such as the Planning Commission and Board of Adjustment. Like these entities, the LLA is comprised of eight members, selected to ensure district representation, who serve three-year terms. Council Bill No. 33-2023 was drafted to bring the Liquor Licensing Authority into further conformity with the City’s boards and commissions. It makes the following changes to the Liquor Licensing Authority Code: 1. Term Limits: Implements term limits of two (2) three (3) year terms, allowing term-limited LLA members to serve extended terms in the absence of any other qualified applicant. The Council can reappoint a term-limited board member to serve an indefinite number of extended terms. Extended terms shall be at-will with reappointment required at the end of the length of a standard term. Therefore, the Council can replace a term- limited LLA member with a qualified applicant at any time. These term limits will apply to serving on the LLA. Therefore, a board member could become term-limited on the LLA and still be eligible to serve on a different board. Staff analyzed a dataset tracking the number of years that a person has served on a public body since 1970. This dataset included the Liquor Licensing Authority among other boards and commissions. Since that time, there have been 468 appointments to City boards. The median length of time that a person serves on a board is three years. The mean (average) length of time that a person serves on a board is almost four and a half years. Data analysis demonstrates that long-term board members have had a disproportionate impact on their respective boards. Despite accounting for only 11% of all appointees, board members that have held their position for more than nine years account for 42% of the time served by all board members in the City of Wheat Ridge since 1970. Despite accounting for only 18% of all appointees, board members that have held their position Council Action Form – Liquor License Authority Code Amendments December 11, 2023 Page 3 for more than six years account for 55% of the time served by all board members in the City of Wheat Ridge since 1970. 2. Consecutive Term Limits: Term-limited LLA members can reapply to serve on the LLA after the length of a standard term has passed. 3. Mid-Term Appointments: The LLA will use the rounding approach to determine if a mid- term appointment will be counted as a full term. Using this approach, an LLA member appointed to serve 50% of the length of a term or longer will be considered to have served a full term. An LLA member appointed to serve less than 50% of the length of a term will not be considered to have served a full term. The Code does not currently determine if a mid-term appointment to the LLA is considered a full-term. However, when implementing term limits, it is necessary to establish a mid-term appointment policy. 4. Removing Board Members: The Council can remove an LLA member at their discretion as well as for violating the Boards and Commissions Code of Ethics. Upon second reading of Ordinance No. 1785, staff will present the City Council with a resolution to adopt the attached Boards and Commissions Code of Ethics (Attachment 2). The Code of Ethics regulates the behavior of board and commission members in their official capacity as well as in their capacity as members of the public. 5. Approximately Equal Representation: Clarifies that the City may appoint LLA members that achieve approximately equal representation from each Council District. Currently, the Municipal Code is not clear on this subject, which puts the legality of out-of-district appointments in question. This amendment clearly establishes the right of the Council to make out-of-district appointments as long as district representation is prioritized. Timeline for Implementation Ordinance No. 1785 will take effect on March 1, 2024. This implementation date will allow the City to develop standard operating procedures and train staff liaisons before actualizing these amendments. Furthermore, the March effective date aligns with the beginning of most board and commission terms which will facilitate a seamless transition. Next Steps If the City Council approves Ordinance No. 1785, then staff will proceed to amend the bylaws of the LLA to comply with the new code. Staff would then return to the City Council to adopt the amended bylaws of the LLA. RECOMMENDATIONS: “I move to approve Council Bill No. 33-2023, an ordinance amending Section 11-52.5 of the Wheat Ridge Code of Laws concerning membership of the Wheat Ridge Liquor Licensing Authority.” Council Action Form – Liquor License Authority Code Amendments December 11, 2023 Page 4 Or, “I move to indefinitely postpone Council Bill No. 33-2023, an ordinance amending Section 11- 52.5 of the Wheat Ridge Code of Laws concerning membership of the Wheat Ridge Liquor Licensing Authority for the following reason(s) __________________________________.” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 33-2023 2. Boards and Commissions Code of Ethics ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 33 ORDINANCE NO. 1785 Series 2023 TITLE: AN ORDINANCE AMENDING SECTION 11-52.5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MEMBERSHIP OF THE WHEAT RIDGE LIQUOR LICENSING AUTHORITY 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 WHEREAS, the Council is authorized by the home rule charter to create boards and commissions and to provide for the membership thereof; and WHEREAS, pursuant to this power, the Council previously adopted Ordinance No. 1777, Series 2023, to better clarify procedures concerning board and commission membership; and WHEREAS, the Council desires to make conforming amendments in connection therewith to ensure uniformity of the City’s Liquor Licensing Authority membership with the City’s other boards and commissions. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-52.5 of the Wheat Ridge Code of Laws is amended to read as follows: (a) There is established a liquor licensing authority, which shall have and is vested with the authority to grant and refuse licenses and special permits, and to approve and deny applications for renewal and transfer of licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, designate and assess fees, promulgate reasonable rules and regulations, conduct investigations, and to suspend or revoke such licenses for cause, all in the manner provided by law. The licensing authority shall have all the powers of the licensing authority set forth in C.R.S. title 44, articles 3, 4, and 5. (b) The licensing authority for the City of Wheat Ridge shall consist of eight (8) qualified electors of the city, two (2) from each of the four (4) council districts of the city, who shall be appointed by the city council. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on the liquor licensing authority, the council may appoint any otherwise qualified resident TO ACHIEVE APPROXIMATELY EQUAL REPRESENTATION FROM EACH COUNCIL DISTRICT. Upon the vacation or expiration of an out-of-district member's initial term, the council shall not reappoint said member unless no qualified in-district residents have applied for that seat on the liquor licensing authority. In order to stagger the terms of the licensing authority members, one (1) of the first two (2) members representing each council district shall be appointed for a three-year term and one (1) shall be appointed for a two-year term. The length of term for the first licensing authority members shall be determined by lot. Except in the event that a member is appointed to fill a vacancy as provided in subsection (j), all subsequent appointments shall be for three-year terms. NO LICENSING AUTHORITY MEMBER SHALL BE ELIGIBLE FOR REAPPOINTMENT IF THEY HAVE PREVIOUSLY BEEN APPOINTED TO TWO (2) CONSECUTIVE THREE (3) YEAR TERMS. TERMS ARE CONSIDERED CONSECUTIVE UNLESS SEPERATED BY AT LEAST ONE (1) THREE (3) YEAR TERM. TERM LIMITED MEMBERS MAY BE APPOINTED TO SERVE ADDITIONAL TERMS IN THE ABSENCE OF OTHER QUALIFIED APPLICANTS. NOT WITHSTANDING AND INDEPENDENT OF THE REQUIREMENTS OF SECTION 2-53(E), THE COUNCIL MAY APPOINT A QUALIFIED APPLICANT TO REPLACE A TERM LIMITED MEMBER SERVING AN ADDITIONAL TERM AT ANY TIME. AN APPOINTMENT MADE TO FILL A VACANCY DURING A TERM, SHALL NOT BE CONSIDERED A FULL TERM WHEN THE APPOINTMENT OCCURS MORE THAN HALFWAY THROUGH THE APPOINTED TERM. (c) A quorum of the licensing authority shall consist of five (5) voting members, and a decision of a majority of the quorum present shall control. (d) All decisions of the licensing authority are final, subject only to appeal to a court of competent jurisdiction. (e) No person shall serve or continue to serve as a member of the licensing authority who is or becomes a member of the Wheat Ridge City Council except during any period of time where the council is acting in the role of the licensing authority as provided in subsection (k). (f) No person shall serve or continue to serve as a member of the licensing authority who has or obtains any financial interest, including employment, in the operation of any business which is issued a license relating to fermented malt beverages or alcoholic beverages pursuant to C.R.S. title 44, articles 3, 4, and 5, or who has a member of his or her immediate family who has or subsequently obtains such an interest or employment in any such business in the City of Wheat Ridge. (g) All members of the licensing authority must complete a course or class of training approved by the city in the laws and regulations governing alcohol beverage sales before becoming a voting member on the licensing authority. (h) No person shall be eligible for appointment or continue to serve as a member of the licensing authority who has been convicted within the seven (7) years preceding such appointment of driving under the influence of alcohol or drugs, driving while impaired by the influence of alcohol or drugs, or any alcohol or drug related offense, or any violation of C.R.S. title 44, articles 3, 4, and 5 or the regulations adopted thereunder, or any violation of this article. The City of Wheat Ridge Police Department shall run a criminal record background check on all licensing authority appointees. (i) Any member of the licensing authority may be removed, AT THE COUNCIL’S DISCRETION, for cause by a majority vote of the entire city council. A MEMBER MAY ALSO BE REMOVED BY THE COUNCIL FOR VIOLATION OF A COUNCIL ADOPTED CODE OF ETHICS. The attendance rules for members of boards or commissioners set forth in section 2-53(e) of this Code shall also apply to members of the licensing authority. (j) Any vacancy occurring on the licensing authority for any reason shall be filled for the unexpired term by the city council in accordance with SECTION 2-53(C)city council polices of filling positions on boards and commissions. (k) In the event four (4) vacancies exist simultaneously on the licensing authority, and there are matters scheduled for consideration before the licensing authority, the city council shall act as the licensing authority until a quorum of the licensing authority is reconstituted by filling vacancies in accordance with this section. (l) Members of the licensing authority shall receive no compensation for their service; however, any necessary expenditures incurred in the performance of their duties shall be reimbursed by the city as determined by the city council as part of the budget process. (m) The licensing authority shall annually elect a chair from its number. The chair, or person serving on the licensing authority designated by the chair to serve as acting chair in the chair's absence, shall preside over all hearings and proceedings of the authority. (n) The city attorney and the office of the city clerk shall act in an advisory capacity to the licensing authority. 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 March 1, 2024. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 11th day of December 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 January 8, 2024, 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 ______________, 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: December 12, 2023 Second Publication: January 9, 2024 Effective Date: March 1, 2024 Published: www.ci.wheatridge.co.us ATTACHMENT 2 Updated 9/14/2023. Boards and Commissions Code of Ethics Introduction: Members of City of Wheat Ridge Boards and Commissions are expected to uphold the highest standards of ethical conduct to ensure the integrity, transparency, and accountability of their actions. This Code of Ethics serves as a guide to regulate board and commission member behavior while serving in their official capacity and as private individuals. By adhering to these principles, board and commission members will foster public trust, promote fairness, and serve the best interests of the community they represent. I. Conduct as a Public Official a. Duty to the Public: i. We will act in the best interest of the community, prioritizing the welfare and rights of the residents we serve. ii. We will exercise our powers and responsibilities in a fair, impartial, and transparent manner, avoiding conflicts of interest. b. Integrity and Accountability: i. We will conduct ourselves with integrity, honesty, and professionalism, avoiding any form of bribery, corruption, or unethical practices. ii. We will be accountable for our actions and decisions, providing accurate and timely information to the public while respecting confidentiality when required by law. c. Respect and Civility: i. We will treat all individuals with respect, dignity, and fairness, regardless of their background, opinions, or beliefs. ii. We will engage in constructive and civil discourse, promoting open dialogue and listening to diverse perspectives. d. Transparency and Openness: i. We will ensure transparency in decision-making processes, providing opportunities for public input, and communicating decisions effectively. ii. We will disclose any potential conflicts of interest and rescue ourselves from participating in decisions where our personal interests may influence objectivity. e. Stewardship of Resources: i. We will manage public resources responsibly, striving for efficiency, effectiveness, and sustainability in our decisions and actions. ii. We will avoid personal gain from the use of public resources and work towards maximizing public benefit. ATTACHMENT 2 Updated 9/14/2023. II. Conduct as a Private Individual a. Personal Integrity: i. We will maintain high standards of personal integrity, honesty, and ethical behavior in our private lives, recognizing that our actions can reflect upon our public role. ii. We will avoid engaging in activities that may undermine public trust, compromise our impartiality, or create conflicts of interest. b. Confidentiality: i. We will respect the confidentiality of non-public information acquired through our public discussions or engaging with stakeholders, ensuring that our personal interests do not compromise the public interest. ii. We will not accept gifts, favors, or benefits that may influence our judgement or compromise our objectivity. c. Respect for Authority: i. We will comply with all applicable laws, regulations, and policies, respecting the authority of elected officials, City administration, and the legal framework that governs our actions. ii. We will act as responsible ambassadors for our respective boards and commissions, upholding their mission and goals. Conclusion: By adhering to this Code of Ethics, board and commission members pledge to serve the public interest with integrity, accountability, and professionalism. They agree to recognize that their actions as both public officials and private individuals have a profound impact on the community they serve. They commit to strive to maintain public trust and foster an environment of transparency, fairness, and ethical conduct in all aspects of their role. 7 ITEM NO: 7 DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENTS TO CZB LLC, IN AN AMOUNT NOT TO EXCEED $400,000 FOR PROFESSIONAL SERVICES FOR THE COMPREHENSIVE PLAN UPDATE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: The city has determined that it is time to update the comprehensive plan. Funds were previously budgeted for this update, and the city is seeking consultant services to complete this plan update for a total cost not to exceed $400,000. On October 30, 2023, the firm CZB was selected by the City’s established procurement process to perform the required professional services for completion of the comprehensive plan update. PRIOR ACTION: In a study session on July 24, 2023, the City Council was updated on the upcoming comprehensive plan update. The council had the opportunity to provide feedback that informed the scope of work and provided directions to staff to proceed with the comprehensive plan update. FINANCIAL IMPACT: Professional service fees in the amount of $400,000 were previously approved by the City Council as part of the 2023 budget in the Community Development Department (G/L 01-121- 700-750) for the comprehensive plan update. This budget is expected to extend through the 15-month planning process. When this contract is awarded, the previously budgeted funds will be encumbered and carried over. Council Action Form – City Plan Contract December 11, 2023 Page 2 BACKGROUND: A comprehensive plan is one of the most important policy documents in a community. City Code Section 2-60 and Colorado Revised Statutes Section 23-206 require the City to adopt a comprehensive plan that establishes the community’s vision and values for the future on a wide range of topics like community character, land use, transportation, economic development, public facilities, and parks and open space. What is a comprehensive plan? A comprehensive plan is a long-range policy document that typically has about a 20-year horizon. Each plan is unique and should reflect the community’s values, but there are some common elements in most comprehensive plans. These include an articulation of community values around topics such as land use, development, and transportation as well as an action plan that prioritizes near and long-term steps the city should take to align with those values. A successful comprehensive plan process will result in an adopted document that reflects community values and acts as a foundation for future City decisions around all topics related to the physical development of the City for years to come. Envision Wheat Ridge The current comprehensive plan, Envision Wheat Ridge, was adopted in October of 2009. Some of the most significant City actions taken since then that are part of the community’s fabric today originate from the Envision Wheat Ridge document. Some highlights include: • The 38th Avenue “main street” concept and the subsequent 38th Avenue Corridor Plan (2011) and updates to the City’s zoning and design standards with a city-initiated rezoning (2012) • Subarea plans to address changing neighborhood conditions • Clear Creek Crossing development • Updates to the City charter and policies • Targeted City investments A new City Plan Since 2009, much of what was recommended in Envision Wheat Ridge has been implemented, and there has also been an evolution in the kind of input and ownership that communities want to have in their comprehensive plan. To reflect this broader interest, and since many people don’t know what a comprehensive plan means, this next iteration of the comprehensive plan will be called the City Plan. The goal of the City Plan will be to articulate a community vision for Wheat Ridge through 2045. A specific focus will be to ensure robust community input and to create a plan that balances different values and tradeoffs that emerge from community conversations. The City Plan will build off the Let’s Talk Program and integrate with other upcoming planning efforts, including the Parks and Recreation Master Plan, the Stormwater Master Plan, an Economic Development Strategy, the Sustainability Action Plan, and a Residential Waste Engagement Strategy. Council Action Form – City Plan Contract December 11, 2023 Page 3 On October 30, 2023, the firm CZB was selected by the City’s established procurement process to perform the required professional services for completion of the City Plan. The procurement process included review by a five-person evaluation committee of proposals and qualifications submitted by five firms, followed by interviews with two top-scoring firms. The scope of work includes three phases, each with extensive public outreach and engagement as well as check-ins with the City Council. The final plan will include a summary of existing conditions, a community character and development vision, an integrated land use and mobility framework, a future land use map, street typologies, an action plan, and other elements as needed. With an internal launch in January of 2024 and a public kick-off in the spring, the planning process is expected to wrap up in spring of 2025. Thereafter, the final plan will be brought to the Planning Commission and City Council for final adoption. The full scope of work and schedule are included as part of Attachment 1. In addition to what is detailed in the scope of work from CZB, the City Council will also have an opportunity to inform the role and makeup of the City Plan steering committee through communications with the project team in the coming months. Next Steps for the City Plan The City Plan was featured in the most recent Connections Newsletter (“A New City Plan for Wheat Ridge’s Next Chapter,” Fall/Winter 2023, page 3), and the What’s Up Wheat Ridge page has gone live: https://whatsupwheatridge.com/city-plan. The public can sign up already to stay informed of project updates and more communications will be going out soon to create project awareness and educate the community on the importance of the City Plan. Once the contract is awarded, next steps for the City Plan include: • Internal project launch (January 2024) • Finalize engagement plan (January 2024) • City Plan steering committee selection and kickoff (early 2024) • City Plan public kick-off (spring 2024) RECOMMENDATIONS: Staff recommend awarding the professional services contract to CZB, LLC, in an amount not to exceed $400,000, to carry out the scope of work for the City Plan update. RECOMMENDED MOTION: “I move to award a contract and approve subsequent payments to CZB, LLC, in an amount not to exceed $400,000 for professional services for the City Plan update.” Or, “I move to deny the award of a contract and approval of subsequent payments to CZB, LLC, in an amount not to exceed $400,000 for professional services for the City Plan update for the following reason(s) _________________________________.” Council Action Form – City Plan Contract December 11, 2023 Page 4 REPORT PREPARED/REVIEWED BY: Ella Stueve, Senior Neighborhood Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. CZB Scope of Work 1 czb Wheat Ridge Project Scope Task: Organizational Meeting The czb team will hold an organizational meeting with the Wheat Ridge team to establish all project basics, review scope and schedule, and set up the project’s management structure. At minimum, this will include points of contact, communication preferences and protocols, and the plan for steering committee facilitation. The agenda will also address any data the consulting team might need from the City. Task: Engagement Plan In consultation with the City, and coordinating as needed with other projects that will run concurrently with the Comprehensive Plan update, we will develop an engagement plan that addresses the following: • Frequency and channels for regular public updates. • Role of What’s Up Wheat Ridge, and frequency and nature of content needed from czb. • Project “brand,” visual identity, and materials needed from czb (logos of various sizes, social media badges, etc.). • Potential for regular “Office Hours” and/or webinar presentations with Q&A to keep the public and key audiences up to date and engaged. • Preliminary approach to four rounds of public engagement, subject to future adjustment in consultation with staff. • Coordinated engagement opportunities across concurrent projects. Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 Phase 0 Milestones/Deliverables • Organizational Meeting, January 2024 • Engagement Plan, January 2024 • Bi-Weekly Project Management Calls with City Staff PHASE 0 Initiate: Project Set-up ATTACHMENT 1 2 czb Wheat Ridge Project Scope Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 Task: Steering Committee Kickoff (#1) Our first meeting with the steering committee will focus on project basics like scope and schedule, as well as the Engagement Plan and the plan for coordination with other concurrent projects. We will also preview our thoughts on the Community Assessments. Task: Preliminary Community Assessments The City’s RFP specifies the need to evaluate the following through a series of Community Assessments: • Community Character • Corridors • Neighborhood Commercial Areas • Areas of Stability and Change • Infrastructure Capacity • Mobility czb will complete preliminary Assessment work through review of existing plans and documents, collection and analysis of available data, interviews as needed, and field work as needed. More specifically, Community Assessments will explore the following at minimum: • Community Character Assessment o Residential neighborhoods o Corridors and commercial areas o Neighborhood commercial areas • Corridors Assessment o Challenges and opportunities o Physical conditions o Mobility gaps o Market position o Land use and development potential • Neighborhood Commercial Areas Assessment o Challenges and opportunities o Physical conditions o Mobility gaps o Market position o Land use and development potential PHASE 1 Discover: Existing Conditions 3 czb Wheat Ridge Project Scope • Areas of Stability and Change Assessment o Which areas are ripe for change, and where change must be facilitated? o Which areas are ripe for change, but where change must be carefully managed? o Which areas are unlikely to change very much during the planning horizon if left alone, but where change could be appropriate and therefore encouraged? o Which areas are unlikely to change very much during the planning horizon, and where a static condition suits the community? • Infrastructure Capacity Assessment o Existing conditions and capacity o New capacity needed at various levels of new development • Mobility Assessment o Existing conditions o Bike/Ped Master Plan goals o Gaps, missing connections Preliminary assessments will be delivered as presentation slides, and will be considered “draft” work product until a draft Comprehensive Plan is delivered. Where sensible, as determined by czb and the City, some preliminary Assessment work may take the form of a brief written deliverable(s). Task: Community Profile Alongside the Preliminary Community Assessment work, czb will gather and analyze data to create a Community Profile. Subjects covered in the Community Profile will include but not necessarily be limited to Economy and Employment, Demographics, Housing Market, etc. Data sources will likely include Federal datasets such as those from the Census, American Community Survey, and Bureau of Economic Analysis, as well as more local sources like DRCOG and the City itself. To the extent necessary and practicable, czb will also draw on the work being done for concurrent projects, such as the City’s Economic Development Strategic Plan. The Community Profile will be delivered as a written document, exported to presentation slides as needed. Task: Engagement Round 1 czb will share its preliminary ideas stemming from the early Community Assessments work, including the key issues and questions to be addressed in the plan update. czb will also solicit community views on some of those same key issues and questions, most especially— but not exclusively—community character. This round of engagement will provide important community input to help define likely parameters for later character-related visioning efforts. Details for Engagement Round 1 will be addressed in the Engagement Plan. Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 4 czb Wheat Ridge Project Scope Phase 1 Milestones/Deliverables • Steering Committee Kickoff Meeting, March 2024 • Preliminary Community Assessments, March 2024 • Community Profile, March 2024 • Engagement Round 1, April 2024 • Steering Committee Meeting #2, April 2024 • City Council/Planning Commission Check-In (#1), April 2024 • Bi-Weekly Project Management Calls with City Staff Task: Steering Committee (#2) Meeting Purpose and Agenda • Briefing on Engagement Round 1 • Update on Existing Conditions work in Community Assessments and Community Profile • Preview upcoming Phase 2 activities Task: City Council/Planning Commission Check-In (#1) Meeting Purpose and Agenda • Briefing and Q&A with Planning Commission • Briefing and Q&A with City Council Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 5 czb Wheat Ridge Project Scope Phase 2: Envision (Development Vision) Task: Engagement Round 2 Engagement Round 2 will be focused on area-specific visioning work, both with groups of stakeholders and with the general public. This will be achieved with multiple events over multiple days, some taking place at or near areas in question. Details of Engagement Round 2 will be addressed at a high level in the Engagement Plan and refined as the process unfolds. Task: Steering Committee (#3) Meeting Purpose and Agenda • Discussion of visioning work and Engagement Round 2 Task: Focus Areas Following the vision-oriented engagement round, we will develop 6-8 plans for Focus Areas, or areas that might be subject to future change. The documents will be heavily focused on visuals reflecting potential development outcomes, and also identify implications and possible tradeoffs necessary for their achievement. The Focus Areas will also include visualization of bulk, massing, setbacks, and relationships to the public right-of-way that will be exportable to dimensional standards for future code efforts. Task: Preliminary Plan Components czb will develop preliminary versions of important Comprehensive Plan components: • Character and Development Vision, inclusive of: o Community values basis o Implications for form and development typologies o Implications for street typology/hierarchy o Acknowledged tradeoffs o Likely required actions by the City of Wheat Ridge • Land Use and Mobility Framework, inclusive of: o Big picture vision for “what goes where” o Preliminary/sketch Future Land Use Map o Discussion of inextricable land use and mobility links o Street typology/hierarchy implications o Acknowledged tradeoffs o Likely required actions by the City of Wheat Ridge Task: Engagement Round 3 czb will share draft Focus Area concepts, draft Character and Development Vision, and draft Land Use and Mobility Framework for public consideration, vetting, and feedback. Details of Engagement Round 3 will be addressed at a high level in the Engagement Plan and refined as the process unfolds. PHASE 2 Envision: Development Vision Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 6 czb Wheat Ridge Project Scope Phase 2 Milestones/Deliverables • Engagement Round 2, June 2024 • Steering Committee #3, June 2024 • Steering Committee Meeting #4, October 2024 • Focus Areas, October 2024 • Preliminary Plan Components, October 2024 • Engagement Round 3, October 2024 • City Council/Planning Commission Check-In (#2), October 2024 • Bi-Weekly Project Management Calls with City Staff Task: Steering Committee (#4) Meeting Purpose and Agenda • Discussion of Engagement Round 3 and moving toward Plan writing Task: City Council/Planning Commission Check-In (#2) • Briefing and Q&A with Planning Commission • Briefing and Q&A with City Council Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 7 czb Wheat Ridge Project Scope Phase 3: Finalize (Plan Development) Task: Draft Comprehensive Plan The final phase will be focused on the development of the Draft Comprehensive Plan itself. All work completed to date, as well as associated work from concurrent projects as appropriate, will be woven into a cohesive whole. The document(s) will be user-friendly and as free of planning jargon as possible. The draft plan will include at least the following: • Existing Conditions (inclusive of Community Assessments work) • Community Character and Development Vision • Integrated Land Use and Mobility Framework • Future Land Use Map • Street Typology/Hierarchy • Action Plan • Other Elements as Needed Task: Steering Committee (#5) Meeting Purpose and Agenda • Presentation of Draft Comprehensive Plan and feedback Task: City Council/Planning Commission Check-In (#3) Meeting Purpose and Agenda • Briefing and Q&A with Planning Commission o Presentation of Draft Plan if appropriate timing. • Briefing and Q&A with City Council o Presentation of Draft Plan if appropriate timing. Task: Engagement Round 4 czb will share the Draft Plan with the public in open house and online formats for review and feedback. Details of Engagement Round 4 will be addressed at a high level in the Engagement Plan and refined as the process unfolds. Task: Final Comprehensive Plan Following feedback from the public, the Steering Committee, the Planning Commission, and City Council, czb will make all necessary changes to the draft, and it will be ready for adoption. Task: Steering Committee #6 Meeting Purpose and Agenda • Presentation of Final Comprehensive Plan and feedback • Discussion of Action Plan component PHASE 3 Finalize: Plan Development Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 8 czb Wheat Ridge Project Scope Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 Task: Final Presentations and Adoption As needed, czb will be available to make final presentations and be available for assistance and/or Q&A at the final adoption meetings at Planning Commission and City. Phase 3 Milestones/Deliverables • Draft Comprehensive Plan, January 2025 • Steering Committee #5, February 2025 • City Council/Planning Commission Check-In (#3), February 2025 • Engagement Round 4, February 2025 • Final Comprehensive Plan, March 2025 • Steering Committee Meeting #6, March 2025 • Final Presentations and Adoption, March 2025 • Bi-Weekly Project Management Calls with City Staff 9 czb Wheat Ridge Project Scope SCHEDULE Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar PHASE 0 Initiate PHASE 1 Discover PHASE 2 Envision PHASE 3 Finalize Project Management Calls with Staff X X X X X X X X X X X X X X X Steering Committee X X X X X X Planning Commission and City Council X X X X Engagement X X X X Milestones and Deliverables 2024 Organizational Meeting Engagement Plan Final Plan 2025 Community Profile Preliminary Community Assessments Steering Committee #1 PC/CC Check-In #1 Engagement Round #1 Steering Committee #2 Engagement Round #2 Engagement Round #3 Precinct Plans Steering Committee #4 Preliminary Plan Components Engagement Round #4DRAFT Plan Steering Committee #5 Final Presentations Steering Committee #6 PC/CC Check-In #2 PC/CC Check-In #3 PC/CC Adoption Steering Committee Meetings Planning Commission and City Council Meetings Steering Committee #3 10 czb Wheat Ridge Project Scope BUDGET HOURS COST PHASE 0: Initiate Project start-up activities and Engagement Plan.40 $7,450 PHASE 1: Discover Existing conditions analysis, Steering Committee meetings, public engagement activities, and touchpoints with Planning Commission and City Council.609 $118,615 PHASE 2: Envision Area-specific planning work, early Draft Plan Components, Steering Committee meetings, public engagement activities, and touchpoints with Planning Commission and City Council.795 $152,860 PHASE 3: Finalize Draft and Final Comprehensive Plan, Steering Committee meetings, public engagement activities, final presentations and adoption.594 $121,075 TOTAL 2,038 $400,000 Scope of Work – Comprehensive Planczb for Wheat Ridge, 12.01.23 The fee to update the Comprehensive Plan is $400,000. Personnel hours and associated budget are distributed across project phases as follows: ITEM NO: 8 DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE INSTALLATION OF TRAFFIC CALMING DEVICES ON ESTES STREET, FROM 35TH AVENUE TO 38TH AVENUE, AND LAMAR STREET, FROM 26TH AVENUE TO 29TH AVENUE, IN ACCORDANCE WITH THE REQUIREMENTS OF THE NEIGHBORHOOD TRAFFIC MANAGEMENT PROGRAM PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Community Development Director City Manager ISSUE: In early 2023, the Neighborhood Traffic Management Program (NTMP) underwent modifications aimed at streamlining processes, improving accessibility for residents, setting eligibility requirements, and establishing a formal annual project timeline. Out of the seven segments enrolled in the 2023 NTMP, four were deemed eligible for speed humps based on program criteria. Of those, two segments—Estes Street and Lamar Street—met the 50% resident approval requirement necessary for the NTMP. These two projects will be constructed in 2024. PRIOR ACTION: The NTMP was put on hold in late 2022 as staff worked to enhance its efficiency. Several updates were made to provide efficiencies in the implementation of the program for both City staff and residents. These updates were presented during a City Council Study Session on May 15, 2023, and Council consensus was secured to proceed with the proposed NTMP updates. FINANCIAL IMPACT: The 2024 Capital Improvement Program Budget has allocated funds for the construction of speed humps on Estes Street and Lamar Street, estimating a total cost of $40,000. Council Action Form – 2023 NTMP Segments December 11, 2023 Page 2 BACKGROUND: The City of Wheat Ridge has long provided a Neighborhood Traffic Management Program (NTMP) to address resident concerns about traffic, particularly speeding, on local and collector streets within residential areas. In late 2022, the program was temporarily paused to enhance its effectiveness. The aim was to streamline procedures, define eligibility criteria, increase accessibility, and establish a clear annual schedule for project implementation. To accomplish this, a dedicated team comprising members from Planning, Engineering, and Public Engagement collaborated extensively. Their efforts spanned early 2023, culminating in finalized process enhancements by the second quarter. The refined NTMP framework was formally presented to the City Council during a study session on May 15, 2023, where Council consensus greenlit the proposed improvements for implementation. A summary of the updated NTMP program and steps is available online: https://www.ci.wheatridge.co.us/NTMP. The 2023 NTMP included four legacy segments in various stages, paused in 2022, and three additional segments enrolled in the second quarter of 2023, totaling seven segments. Legacy segments were allowed enrollment without the 50% resident approval requirement as they were previously part of the program. Of the seven segments in the 2023 NTMP, only four were eligible for speed humps based on traffic data collected. However, only two segments met the 50% resident approval threshold required for traffic-calming installation. A summary of the segments is provided below (bold segments are recommended for approval by staff): 1. Estes Street, from 35th Avenue to 38th Avenue (Legacy segment): Met speed hump eligibility and 50% resident approval. Proposed plans are attached. 2. Lamar Street, from 26th Avenue to 29th Avenue (Legacy segment): Met speed hump eligibility and 50% resident approval. Proposed plans are attached. 3. Jay Street, from 35th Avenue to 38th Avenue (Legacy segment): Eligible for speed humps but didn’t meet 50% resident approval. 4. Miller St, from 44th Avenue to 48th Avenue: Eligible for speed humps but didn’t meet 50% resident approval. 5. Eaton Street, from 38th Avenue to 41st Avenue (Legacy segment): Eligible for striping or signage improvements but postponed due to the Judy townhome project delay. Reevaluation planned upon completion of the Judy Townhomes. 6. Chase St, from 38th Avenue to 41st Avenue: Didn’t meet eligibility due to existing effective speed humps. 7. Fenton Ct, from 39th Place to 41st Avenue: Didn’t meet eligibility due to 85th percentile speeds below the speed limit. Council Action Form – 2023 NTMP Segments December 11, 2023 Page 3 Virtual neighborhood meetings were held for approved projects on Lamar Street and Estes Street. These meetings, held on November 7th and November 9th respectively, presented traffic data and speed hump layout plans to interested residents. Residents were given a chance to voice concerns and provide feedback. As part of the updated process, the segment-specific plans were also mailed two weeks prior to the meetings to all adjacent parcels. A two-week comment period followed the neighborhood meetings. City staff received only one inquiry from a Lamar Street resident questioning a speed hump location; after an explanation, no further concerns were raised. As per the 2023 NTMP Policy, speed hump installation requires at least 50% resident signatures on a designated street segment petition. Enough signatures have been collected for approval on Estes Street and Lamar Street. The NTMP policy requires that Council approve proposed traffic- calming projects. If approved, the project will go to bid in the spring of 2024 with construction anticipated later that summer. RECOMMENDATIONS: Residents along Estes Street (35th to 38th Avenue) and Lamar Street (26th to 29th Avenue) met the 50% resident approval requirement and the eligibility requirements outlined in the NTMP policy. Staff recommends proceeding with speed hump installations on both streets. RECOMMENDED MOTION: “I move to approve installation of traffic calming devices on Estes Street, from 35th Avenue to 38th Avenue, and Lamar Street, from 26th Avenue to 29th Avenue, in accordance with the requirements of the Neighborhood Traffic Management Program.” Or, “I move to deny approval of installation of traffic calming devices on Estes Street, from 35th Avenue to 38th Avenue, and Lamar Street, from 26th Avenue to 29th Avenue, in accordance with the requirements of the Neighborhood Traffic Management Program for the following reason(s) ________________________________.” REPORT PREPARED/REVIEWED BY: Jordan Jefferies, Civil Engineer Lauren Mikulak, Acting Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Estes Street Speed Hump Plans 2. Lamar Street Speed Hump Plans ATTACHMENT 1 6"x6" PRESSURE TREATED TIMBER POST 2" BEVEL AT 45° ANGLE 7"4" DRILL 2"Ø HOLEPERPENDICULAR TO TRAVEL OF TRAFFIC 2'-6" 1' 1" CROWN 4" 1/2" INDENT 3" WIDE WHITE (TO FACE TRAFFIC) REFLECTOR FIXES WITH SCREWS OR APPROVED EQUAL. 3" WIDE RED REFLECTOR (FOR OPPOSITE TRAVEL DIRECTION) ON OPPOSITE SIDE NOT TO SCALE: 2' CLEARANCE TO EDGE OF PAVEMENT 3' 1' COMPACTED BACKFILLMATERIAL AROUND POST NOTES:1. POST MAY BE STAINED, COLOR TO BE DETERMINED BY ENGINEER. 2. SEE PLANS FOR LOCATIONS. BOLLARDS MAY NOT BE REQUIRED IF SPEED HUMP IS ADJACENT TO CURB AND GUTTER. BREAKAWAY SPEEDHUMP BOLLARD PLAN VIEW T-H03 BRK.SB.MARK DETAIL CODE BREAKAWAY SPEEDHUMP BOLLARD DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APPROVED BY:REM APPROVE DATE 10/23 T SAWCUT AND SEAL JOINTS 3" DEEP @ 4'-6" O.C. CROWN NOTE:TO GRADE BREAK @ CROWN OF STREET TOOLED JOINTS1" DEEP @ 2'-0" O.C. N-S & 2'-3" O.C. E-W A COLORED CONCRETE (DAVIS TILE RED) WITH STAMPED PATTERN (ENGLISH SLATE) 1:12 1:12 SLOPE SLOPE 13'-6"*13'-6"* 3'27'* 33'* PLAN VIEW A NOTES: 1. *SPEED HUMP WIDTHS MAY VARY DEPENDING ON LOCATION OF INSTALL AND AVAILABLE CLEARANCES A. SPEED HUMP SHALL EXTEND TO EDGE OF PAVEMENT OR LIP OF GUTTER PAN 2. SEE PLANS FOR LOCATIONS. 3"3' 14' 8'3'10" SUBGRADE COMPACTED TO MINIMUM DENSITY PER SOIL CLASSIFICATION, CDOT SECTION 203.07. #4 GR 60 EPOXY COATEDREBAR 30" LONG @ 2'-0" OC CENTER PORTION TO BE COLORED CONCRETE, DAVIS TILE RED. SECTION A-A DETAIL CODE C-F02 SPEED HUMP DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APPROVED BY:SN APPROVE DATE 1/2019 C 3' 3' 14 ' 8' 3' ATTACHMENT 2 6"x6" PRESSURE TREATED TIMBER POST 2" BEVEL AT 45° ANGLE 7"4" DRILL 2"Ø HOLEPERPENDICULAR TO TRAVEL OF TRAFFIC 2'-6" 1' 1" CROWN 4" 1/2" INDENT 3" WIDE WHITE (TO FACE TRAFFIC) REFLECTOR FIXES WITH SCREWS OR APPROVED EQUAL. 3" WIDE RED REFLECTOR (FOR OPPOSITE TRAVEL DIRECTION) ON OPPOSITE SIDE NOT TO SCALE: 2' CLEARANCE TO EDGE OF PAVEMENT 3' 1' COMPACTED BACKFILLMATERIAL AROUND POST NOTES:1. POST MAY BE STAINED, COLOR TO BE DETERMINED BY ENGINEER. 2. SEE PLANS FOR LOCATIONS. BOLLARDS MAY NOT BE REQUIRED IF SPEED HUMP IS ADJACENT TO CURB AND GUTTER. BREAKAWAY SPEEDHUMP BOLLARD PLAN VIEW T-H03 BRK.SB.MARK DETAIL CODE BREAKAWAY SPEEDHUMP BOLLARD DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APPROVED BY:REM APPROVE DATE 10/23 T SAWCUT AND SEAL JOINTS 3" DEEP @ 4'-6" O.C. CROWN NOTE:TO GRADE BREAK @ CROWN OF STREET TOOLED JOINTS1" DEEP @ 2'-0" O.C. N-S & 2'-3" O.C. E-W A COLORED CONCRETE (DAVIS TILE RED) WITH STAMPED PATTERN (ENGLISH SLATE) 1:12 1:12 SLOPE SLOPE 13'-6"*13'-6"* 3'27'* 33'* PLAN VIEW A NOTES: 1. *SPEED HUMP WIDTHS MAY VARY DEPENDING ON LOCATION OF INSTALL AND AVAILABLE CLEARANCES A. SPEED HUMP SHALL EXTEND TO EDGE OF PAVEMENT OR LIP OF GUTTER PAN 2. SEE PLANS FOR LOCATIONS. 3"3' 14' 8'3'10" SUBGRADE COMPACTED TO MINIMUM DENSITY PER SOIL CLASSIFICATION, CDOT SECTION 203.07. #4 GR 60 EPOXY COATEDREBAR 30" LONG @ 2'-0" OC CENTER PORTION TO BE COLORED CONCRETE, DAVIS TILE RED. SECTION A-A DETAIL CODE C-F02 SPEED HUMP DEPARTMENT OF PUBLIC WORKS ENGINEERING DIVISION APPROVED BY:SN APPROVE DATE 1/2019 C 3' 3' 14 ' 8' 3' ITEM NO: 9 DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 55-2023 – A RESOLUTION APPROVING A TRAIL MAINTENANCE AGREEMENT WITH SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC. PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________ _____________________________ Director of Parks & Recreation City Manager ISSUE: Sisters of Charity of Leavenworth Health System, Inc. (SCL Health) is constructing a trail on the east side of the hospital at Clear Creek Crossing. This Agreement outlines the responsibilities of the City of Wheat Ridge and SCL Health, as it pertains to trail maintenance. PRIOR ACTION: There has been no prior action on this specific item. FINANCIAL IMPACT: The Parks and Recreation Department will include the maintenance obligations associated with this agreement in their annual budget. It will not be a significant increase, as these are routine tasks that are performed by the department throughout the City. BACKGROUND: Pursuant to the Clear Creek Crossing subdivision and Planned Mixed Use Development zoning, a trail connection is required and planned for on the east side of the hospital (13155 W. 40th Ave.), see image below. The subject Trail Maintenance Agreement between SCL Health and the City was drafted by the City to identify short and long-term obligations of the owner and City. The trail connection is in CDOT right-of-way, is being constructed by SCL Health, and is located within the City of Wheat Ridge, hence the need for an agreement. The trail is now under Council Action Form – Trail Maintenance Agreement with SCL Health December 11, 2023 Page 2 construction by SCL Health. When SCL Health and Intermountain Health merged in 2022, the property stayed in the name of SCL Health which is why SCL Health is listed as the official party to the agreement. CDOT permits have been put into place mandating the adherence to all the requirements of working within CDOT right-of-way. Therefore, CDOT is not required to be a party within this agreement. Per the hospital’s recorded development agreement, this trail agreement is a requirement that must be completed before a certificate of occupancy can be issued. Within the agreement, the Parks and Recreation Department agrees to provide routine and preventative maintenance of the entire trail commencing on the date of completion of the trail. Routine and preventative maintenance includes: • routine and preventive maintenance of stabilized crushed granite fines • snowplowing, sweeping, and clearing • spraying for weeds twice annually • maintenance of directional signs SCL Health will be responsible for long-term repairs beyond routine and preventative maintenance, and potential relocation of the trail should CDOT ever need this portion of right-of-way. SCL Health has agreed to the terms of the Trail Maintenance Agreement. Council Action Form – Trail Maintenance Agreement with SCL Health December 11, 2023 Page 3 RECOMMENDATIONS: Staff recommends approval of the resolution and associated Trail Maintenance Agreement with SCL Health. RECOMMENDED MOTION: “I move to approve Resolution No. 55-2023, a resolution approving a Trail Maintenance Agreement with Sisters of Charity of Leavenworth Health System, Inc.” Or, “I move to postpone indefinitely Resolution No. 55-2023, a resolution approving a Trail Maintenance Agreement with Sisters of Charity of Leavenworth Health System, Inc. for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks and Recreation Stephanie Stevens, Senior Planner Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 55-2023 2. Trail Maintenance Agreement with SCL Health CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 55 Series of 2023 TITLE: A RESOLUTION APPROVING A TRAIL MAINTENANCE AGREEMENT WITH SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC. WHEREAS, Sisters of Charity of Leavenworth Health System, Inc. (SCL Health) has agreed to construct a recreational trail in connection with the Clear Creek Crossing development located within the City; and WHEREAS, the exact location of the trail is detailed in the Agreement; and WHEREAS, the City of Wheat Ridge has agreed to assume responsibility for routine and preventive maintenance, as outlined in the Agreement; and WHEREAS, both parties wish to memorialize their respective obligations in this Agreement. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The agreement between the City and Sisters of Charity of Leavenworth Health System, Inc., attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 11th day of December 2023. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 -1- TRAIL MAINTENANCE AGREEMENT THIS AGREEMENT is made this _____ day of _______, 2023, by and between the City of Wheat Ridge, Colorado, (the “City”) and whose address is 7500 W. 29th Avenue, Wheat Ridge, CO 80033, Wheat Ridge, CO 80033] and SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC., a Kansas non-profit corporation (“SCL HEALTH”) with an address of 500 Eldorado Blvd., Suite 4300, Broomfield, Colorado 80021, collectively referred to herein as the parties. WITNESSETH WHEREAS, SCL HEALTH has agreed to construct a recreational trail (the “Trail”) in connection with the Clear Creek Crossing development located within the City; and WHEREAS, the Trail Location is depicted on Exhibit 1, attached hereto; and WHEREAS, the City is willing and able to assume responsibility for routine and preventative maintenance of the Trail; and WHEREAS, the parties wish to memorialize their respective obligations in this Agreement. NOW, THEREFORE in consideration of the mutual promises and agreements contained herein, the receipt and sufficiency of which are acknowledged and confessed, the parties agree as follows: 1.Trail Construction. SCL HEALTH agrees to construct the Trail to the standards set forth in Exhibit 2. 2.Trail Maintenance. The City agrees to provide routine and preventative maintenance of the entire Trail commencing on the date of completion of the Trail. For the purposes of this Agreement, routine and preventative maintenance of the Trail shall include, at a minimum, the following: a.routine and preventive maintenance of stabilized crushed granite fines b.snowplowing, sweeping, and clearing c.spraying for weeds twice annually d.maintenance of directional signs 3.City to Budget Funds. The City shall annually include within its budget funding sufficient to perform its maintenance obligations under this Agreement. Provided, however, the City’s obligations hereunder are subject to annual appropriation and are not a multi-year fiscal obligation. 4.Repairs. SCL HEALTH shall be responsible for all repair and resurfacing of the Trail. Repairs shall mean any repairs beyond routine and preventive maintenance as outlined in Paragraph 2. EXHIBIT A ATTACHMENT 2 -2- 5. Relocation. SCL HEALTH agrees that in the event the Trail is required to be relocated, it shall be reconstructed within the easement presently provided within SCL HEALTH’s property (the “SCL HEALTH Alternate Easement”), recorded at Reception Number 2021109666. In the event of such relocation, the cost of relocation and reconstruction of the Trail, to the standards in Exhibit 2 shall be borne by SCL HEALTH. 6. Indemnification. Within the limitations of the Colorado Constitution and statutes, the parties agree to defend, release, indemnify and save harmless each other, their officers, agents and employees from any and all claims or damages, including but not limited to, death, personal injury, property loss or damage occurring as a result of the actions of their respective officers, agents or employees, it being their intent that each party shall be responsible for its own negligent acts and omissions. The parties acknowledge that provisions of this Paragraph are not intended to waive any of the rights and defenses afforded the City or CDOT under the Colorado Governmental Immunity Act (Section 24-10-101, et. Seq., C.R.S.). In addition, the parties acknowledge that all such liabilities, claims and demands made by third parties shall be subject to any notice requirements, defenses, immunities, and limitations of liability that the City and CDOT and their officers, agents and employees may have under the Colorado Governmental Immunity Act and under any other law. 7. Notices. Any notice required or permitted under this Agreement shall be delivered to the parties, by U.S. Mail or facsimile, and in addition by e-mail, at the addresses below: To the City: Karen O’Donnell Director of Parks & Recreation City of Wheat Ridge 4005 Kipling Street Wheat Ridge, CO 80033 To SCL HEALTH: Attn: Legal Depo. 500 Eldorado Blvd., Suite 4300 Broomfield, Colorado 80021 8. Default & Remedies. In the event any party believes another party has failed to perform its obligations hereunder, such party must give notice to the alleged defaulting party and a reasonable opportunity to cure the alleged default. The parties agree the only remedies for default shall be termination or specific performance. Monetary damages of any form shall not be claimed or granted. 9. Term; Termination. The term of this Agreement shall be perpetual. This Agreement may be terminated only for an uncured default under Paragraph 8. 10. Governing Law; Successors. This Agreement shall be construed pursuant to the laws of the state of Colorado. Jurisdiction and venue for any litigation arising under this Agreement shall be proper and exclusive in the District Court for Jefferson County, Colorado. This Agreement shall be binding upon and run to the benefit of the successors and assigns of the parties. -3- IN WITNESS WHEREOF, the parties have executed this document to be effective as of the date set forth above. CITY OF WHEAT RIDGE, COLORADO ________________________________________ Bud Starker, Mayor ATTEST: __________________________________ Stephen Kirkpatrick, City Clerk -4- SISTERS OF CHARITY OF LEAVENWORTH HEALTH SYSTEM, INC. A KANSAS NON-PROFIT CORPORATION By: _________________________________________ Mark Korth Region President ATTEST: ______________________________ Printed Name:__________________ Title:__________________________ STATE OF COLORADO ) ) ss. COUNTY OF ________________ ) The foregoing Agreement was acknowledged before me this ___ day of ___________, 2023, by Mark Korth, as Region President of Sisters of Charity of Leavenworth Health System, Inc. seal _________________________________________ Notary Public My commission expires: ______________________ -5- EXHIBIT 1 Diagram of Trail Trail -6- EXHIBIT 2 Trail Construction Standards • Concrete • 10 feet wide • 6 inches thick • 4500 PSI • Saw cut joints • 2 feet minimum on both sides of concrete using stabilized crushed granite fines ITEM NO: 10 DATE: December 11, 2023 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 56-2023 – A RESOLUTION AMENDING THE 2023 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT $9,934 FOR THE PURPOSE OF ACCEPTING DONATIONS TO FUND THE WISH FOR WHEELS EVENT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________________ ___________________________ Director of Parks & Recreation City Manager ISSUE: The City partnered with the non-profit Wish for Wheels to facilitate a bike build at Stevens Elementary for the entire 2nd grade class. To cover the cost of the event, donations were made by The Architerra Group, ECI Construction Management, and Lutheran Medical Center. This budget supplemental will allow the City to cover this unbudgeted expense. PRIOR ACTION: There has been no prior Council action specific to this issue. FINANCIAL IMPACT: The bike building event cost $15,684. The Architerra Group donated $5,000, ECI Site Construction donated $5,000, and Lutheran Medical Center donated $3,950. Wish for Wheels donated 3 bicycles valued at $600, and the remaining balance was covered through Council outreach funds from Councilmembers Ohm, Stites and Hultin. Council Action Form – Budget Supplemental for Wish for Wheels December 11, 2023 Page 2 The Lutheran Medical Center donation and the City Council outreach funds were paid directly to Wish for Wheels, which reduced the invoice to $9,934. BACKGROUND: The City partnered with the non-profit Wish for Wheels to facilitate a bike build at Stevens Elementary on November 28, 2023. Approximately 50 volunteers from the City of Wheat Ridge and partnering organizations worked with 5th grade students to build bicycles for the entire 2nd grade class. Wish for Wheels works with second graders specifically for several reasons, it’s the appropriate developmental stage to learn to ride a two-wheel bike, they may already be riding around their neighborhood or to school, and the 20” bike size will fit them for at least three years. This event was a great opportunity to volunteer within the community, but it also served as an engagement opportunity for the Green at 38th project, as staff is continuing to talk with residents about their desires related to this project. This engagement is an important aspect of the City’s upcoming GOCO grant application. RECOMMENDATIONS: Staff is recommending the approval of this Resolution and associated budget supplemental. RECOMMENDED MOTION: “I move to approve Resolution No. 56-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $9,934 for the purpose of accepting donations to fund the Wish for Wheels event.” Or, “I move to postpone indefinitely Resolution No. 56-2023 – a resolution amending the 2023 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $9,934 for the purpose of accepting donations to fund the Wish for Wheels event for the following reason(s) ______________________________________________.” REPORT PREPARED/REVIEWED BY: 1. Karen O’Donnell, Director of Parks & Recreation 2. Patrick Goff, City Manager ATTACHMENTS: 1. Council Resolution No. 56-2023 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 56 Series of 2023 TITLE: RESOLUTION NO. 56-2023 – A RESOLUTION AMENDING THE FISCAL YEAR 2023 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $9,934 FOR THE PURPOSE OF ACCEPTING DONATIONS TO FUND THE WISH FOR WHEELS EVENT WHEREAS, the City of Wheat Ridge has directly received donations for the Wish for Wheels bike build at Stevens Elementary from The Architerra Group, and ECI Construction Management; and WHEREAS, the City of Wheat Ridge wishes to utilize these funds to cover the expenses associated with the Wish for Wheels event at Stevens Elementary; and WHEREAS, the Wheat Ridge City Council approves the associated budget supplemental, allowing for the transfer of these funds into the General Programs expense account 01-601-650-669. NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The Mayor and City Council approve the budget supplemental. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 11th day of December 2023. ________________________________ Bud Starker, Mayor ATTEST: ___________________________________ Steve Kirkpatrick, City Clerk ATTACHMENT 1