HomeMy WebLinkAbout02-26-2024 City Council Meeting AgendaAGENDA
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO February 26, 2024
6:30 pm
This meeting will be conducted as a virtual meeting, and in person, at
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February 26, 2024) 3. Virtually attend and participate in the meeting through a device or phone:
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF MEMBERS
APPROVAL OF MINUTES
None
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
1. Proclamation – Women’s History Month and International Women’s Day
PUBLICS’ RIGHT TO SPEAK
a. Public may speak on any matter not on the Agenda for a maximum of 3 minutes
under Publics’ Right to Speak. Please speak up to be heard when directed by
the Mayor.
b. Members of the Public who wish to speak on a Public Hearing item or Decision,
Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on
Wheat Ridge Speaks are considered part of the public record.
1. CONSENT AGENDA
a. Resolution No. 07-2024 – a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encumbrance of 2023 Fiscal Year encumbered funds in the amount of $14,676,888.46
b. Motion to approve the purchase of liquid deicer materials for snow and ice control on city streets from GMCO Corporation in a total amount not to exceed $85,000
c. Motion to approve annual payment to Jefferson Center for Mental Health from ARPA funds in the amount of $100,000
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 03-2024 – an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements,
and making conforming amendments therewith
3. Council Bill No. 04-2024 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith
ORDINANCES ON FIRST READING
None
DECISIONS, RESOLUTIONS, AND MOTIONS
4. Motion to approve appointments to Boards and Commissions
5. Resolution No. 08-2024 – a resolution adopting bylaws of several of the city’s public bodies
6. Resolution No. 09-2024 – a resolution adopting the Boards and Commissions Code of Ethics
7. Resolution No. 10-2024 – a resolution approving an intergovernmental agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officer services
8. Resolution No. 11-2024 – a resolution authorizing the Mayor to execute two agreements with Jefferson County Open Space to accept Trails Partnership Program Funds in the amount of $252,650 for improvement and studies related to the Clear Creek Trail and for $32,069 for replacing and improving the Hayward Park walking trail
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
PROCLAMATION WOMEN’S HISTORY MONTH & INTERNATIONAL WOMEN’S DAY MARCH 2024 WHEREAS, Women's History Month is declared annually as the month that highlights
the contributions of women throughout history and in contemporary society and March 8th has been recognized across the world as International Women’s Day since 1911; and WHEREAS, in March 1980, President Jimmy Carter issued the first Presidential Proclamation declaring Women’s History Week to align with International Women’s Day to commemorate the accomplishments, perspectives, and experiences of women in the United States; and WHEREAS, in November 1893, a Colorado referendum passed women’s suffrage into law, making it the first state in the country to give women the right to vote; and WHEREAS, while the right to vote is a common topic of study when examining women's history, there are many more issues, perspectives, and accomplishments that require investigation across history, literature, science, politics, and the arts to appreciate and understand the significant contributions of women throughout history; and WHEREAS, the 2024 Women’s History Month theme established by The National Women’s History Alliance is titled “Women Who Advocate for Equity, Diversity and Inclusion and the theme for 2024 International Women’s Day is “Inspire Inclusion; and WHEREAS, in 2020 Wheat Ridge community members, led by Morgan Richards, created Wheat Ridge for Equity in support of anti-racist and anti-oppression efforts and to support equity, diversity and inclusion efforts in the city; and WHEREAS, women are residents, business owners, employees, elected officials,
volunteers, caregivers and members of city staff, and make a difference every day in the City of Wheat Ridge and are to be celebrated for their contributions. NOW, THEREFORE BE IT RESOLVED that I, Mayor Bud Starker and City Council, formally celebrate the month of March 2024, as Women’s History Month and March 8, 2024, as International Women’s Day in Wheat Ridge, Colorado IN WITNESS WHEREOF, on this 26th day of February 2024.
Bud Starker, Mayor Steve Kirkpatrick, City Clerk
ITEM NO: 1a
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 07-2024 – A RESOLUTION AMENDING THE FISCAL YEAR 2024 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION FOR THE RE-APPROPRIATION AND
RE-ENCUMBRANCE OF 2023 FISCAL YEAR
ENCUMBERED FUNDS IN THE AMOUNT OF $14,676,888.46. PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Deputy City Manager City Manager ISSUE:
There are 105 open purchase orders from the 2023 budget that will be carried over to the 2024
budget. Each purchase order is associated with a specific project that was not fully completed in the 2023 fiscal year. The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue or close out these projects in 2024, a supplemental budget appropriation in the amount of
$14,676,888.46 is necessary to allow transfer of these funds into specific budget line items in the
2024 Budget. PRIOR ACTION: Council is presented with a reappropriation request annually at this time.
FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of $14,676,888.46. When the purchase orders were closed on December 31, 2023, the funds encumbered for those purchase orders are transferred to the unreserved fund balance in each of the funds listed below. Therefore,
Council Action Form – Purchase Order Carryovers February 26, 2024
Page 2
there are adequate funds in the various unreserved fund balances to meet this request and there will not be a net negative effect to the unreserved fund balances. A detailed list of open purchase orders
for 2023 is attached. The funds will be distributed as follows:
General Fund $ 2,450,011.13 Public Art Fund $ 117,365.50 Police Investigation Fund $ 5,400.00
Capital Project Fund $ 6,806,810.87
Open Space Fund $ 1,016,243.97 Renewal Wheat Ridge Bond Projects $ 4,220,321.99 Conservation Trust Fund $ 60,735.00 Total: $14,676,888.46
BACKGROUND: Per the direction of City Council in 2005, the City utilizes generally accepted accounting principles (GAAP) which requires all encumbrances expire at year-end.
The Open PO Report (attachment 2) provides the reason for the purchase order to be carried over
into 2024. The City experienced three particular challenges in 2023 that are worth noting here: 1. The City experienced delays in receiving vehicles, supplies and equipment due to global supply chain issues 2. Excessive rain led to several issues regarding the City’s Stormwater system
3. Staff turnover and vacancies delayed some projects
Of the $14.6 million carryover request, $11.1 million is associated with capital projects that are underway; $1.07 million is associated with parks and recreation projects that are underway; $1.07 million is associated with vehicles on backorder; and $500,000 is associated with the City Plan and
Economic Development strategy that were budgeted in 2023 so the solicitations could occur. The
remainder includes supplies, equipment and professional services that were not fully delivered and complete in the 2023 fiscal year. RECOMMENDATIONS:
Staff recommends approval of the supplemental budget appropriation.
RECOMMENDED MOTION: “I move to approve Resolution No. 07-2024, a resolution amending the Fiscal Year 2024 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-
encumbrance of the 2023 fiscal year encumbered funds in the amount of $14,676,888.46.”
Or, “I move to postpone indefinitely Resolution No. 07-2024, a resolution amending the Fiscal Year
2024 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation
Council Action Form – Purchase Order Carryovers February 26, 2024
Page 3
and re-encumbrance of the 2023 fiscal year encumbered funds in the amount of $14,676,888.46 for the following reason(s) _______________________________.”
REPORT PREPARED AND REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 07-2024 2. Open Purchase Order Report for 2023
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2024
TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2024 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2023
FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $14,676,888.46. WHEREAS, the City’s independent auditor has recommended that the City utilize generally accepted accounting principles (GAAP) for its budgeting basis which requires
all encumbrances to expire at year end; and
WHEREAS, 105 purchase orders remained open on December 31, 2023; and WHEREAS, to continue these projects in 2024 a supplemental budget
appropriation is necessary to transfer the funds from unreserved fund balances to
specific 2024 budget line items: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows:
The City of Wheat Ridge fiscal year 2024 Budget be amended accordingly, specifically transferring a total of $14,676,888.46 from the following unreserved fund balances to specific 2024 Budget line items as detailed in the attached spreadsheets:
General Fund $ 2,450,011.13 Public Art Fund $ 117,365.50 Police Investigation Fund $ 5,400.00 Capital Project Fund $ 6,806,810.87
Open Space Fund $ 1,016,243.97 Renewal Wheat Ridge Bond Fund $ 4,220,321.99 Conservation Trust Fund $ 60,735.00 Total: $14,676,888.46
DONE AND RESOLVED this 26th day of February 2024.
Bud Starker, Mayor
ATTEST: Steve Kirkpatrick, City Clerk
ATTACHMENT 1
Fund / Vendor Description Original Amount Open Amount Reason for Carryover
01 - General Fund
Progressive Urban Management Associates Economic Development Strategy $100,000.00 $100,000.00 Contract was awarded early 2024
Localworks Code Required HVAC Updates 107,000.00$ 107,000.00$ To fund building code related improvements to the Clear
Creek Maker Space. Work will be completed in 2024
Family Tree Support for Permanent Housing 500,000.00$ 41,532.10$ Program to continue through March 2024
Wave Engineering Acoustic assessment of Silver
Bullet Gun Range 6,885.00$ 6,885.00$ Agreement to perform the study was not reached until
late December 2023
Annette Woods Graphics Video series for COWR 20,000.00$ 10,000.00$ Wonders of Wheat Ridge video series was started but
not completed. Will wrap up in 2024
Various Vendors CO Gives Foundation support for unhoused 25,000.00$ 25,000.00$ Funds received late in 2023 and will be expended in 2024
Center for Internet Security Penetration Testing 22,520.00$ 22,520.00$ It was necessary to complete firewall installation prior to penetration testing. Project now complete and payment will be made
GovOS Inc.Lodging Revs Platform 10,500.00$ 3,500.00$ Contract does not align with calendar year
Various Vendors Data Pilot 5,085.00$ 5,085.00$ Budgeted through IT Request Process in 2023. Project not executed due to change in Police Department personnel but necessary in 2024
24-7 Networks Core Switch Project 166,785.82$ 3,563.65$ Originally funded in 2022 and delayed due to cyber incident, work is nearly complete
24-7 Networks Firewall Services 89,659.90$ 6,625.00$ Project was completed in January 2024 and final
payment will be madeSHI International Corp 2023 Server Refresh 29,542.80$ 29,542.80$ Awaiting hardware delivery
Tyler Technologies Brazos eCitation software & hardware 139,570.00$ 139,570.00$ Vendor delayed the purchase during negotiations
Frontier Precision Trimble GIS hardware 12,235.00$ 12,235.00$ Awaiting hardware delivery
Mountaintop Mechanical HVAC Preventative Maintenance 13,250.00$ 13,250.00$ Work is in progress but not yet complete
Stantec Architecture Facility Master Plan 224,608.19$ 45,053.26$ Project is ongoing with completion expected in 2024
Various Vendors Rec Center Shower Head Replacement 4,000.00$ 4,000.00$ Project is required due to health code and work is not yet complete
KC Painting, LLC Roof Gas Pipe Repaint and
Alignment 3,632.00$ 3,632.00$ Painting cannot occur until the roof project is complete
High West Electrical Dedicated Circuit at Anderson 4,024.20$ 4,024.20$ Work is in progress but not yet complete
J&S Services Anderson Hot Water Boiler Replacement 86,970.00$ 56,970.00$ Work is in progress but not yet complete
HDR Engineering, Inc.Residential Waste Outreach 125,379.19$ 50,454.77$ Project is ongoing and should close by end of 2024
Lotus Engineering & Sustainability 2024 Sustainability Action Plan
Update 49,918.00$ 49,918.00$ Funds were budgeted in 2023 and will be expended in
2024
Propeller, Inc. Team Building - Comm Dev 10,500.00$ 10,500.00$ Training was delayed due to staff absences.
czb City Plan 400,000.00$ 400,000.00$ Contract awarded end of 2023
Flatirons, Inc. Plat and ROW mapping svcs 17,500.00$ 2,723.75$ Work delayed due to staffing changes - work is in
progress
Salt Lake Wholesale 2023 Ammunition Order 30,795.00$ 2,339.40$ Partial delivery- the rest is on backorder and will be
delivered early 2024
Various Vendors Opioid Grant Funds 34,209.00$ 34,209.00$ Multi-year grant which should be fully expended in 2024
Various Vendors Uniforms for Crime & Traffic Teams 3,820.00$ 3,820.00$ Received delivery of uniforms in 2024
ATTACHMENT 2
Various Vendors Street Rating Evaluation Services 66,000.00$ 66,000.00$ Plan to hire contractor in February 24
Econolite Control Products Centracs Mobility System 48,530.00$ 48,530.00$ System ordered end of 2023, not yet received
Sill-Terhar Motors, Inc Replacement Unit 296 73,765.00$ 73,765.00$ Unit has been backordered
Sill-Terhar Motors, Inc Replacement Units 310, 313 191,505.00$ 138,150.00$ Backordered units - one has been received
Av-Tech Electronics Lighting upfits for Vehicles 150,446.75$ 6,091.06$ Backordered items
Auto Truck Group, Holman Upfitting Upfit for unit 247 158,374.00$ 158,374.00$ Unit is with the Vendor and should be completed in
coming months
Sill-Terhar Motors, Inc Ford F-150 for PD and Comm Dev 40,935.00$ 40,935.00$ Unit is backordered
McCandless International Replacement Unit 252 with plow 147,794.00$ 147,794.00$ Unit is backordered
Ken Garff Replacement Unit 305 71,706.00$ 71,706.00$ Unit is backordered
Av-Tech Vehicle Upfits 72,689.64$ 6,791.94$ Remaining units are backordered
Auto Truck Group, Holman Upfitting Upfit for Unit 252 175,514.00$ 175,514.00$ Dealer has the unit and the upfit is in progress
Daniels Long Automotive 2 Trucks - Chevy 3500 and Chevy
2500 216,559.00$ 216,559.00$ Units are backordered
Various Vendors Plows for Replacement Trucks 40,000.00$ 40,000.00$ Waiting on backordered units
Vermont Systems Rec Center Software 9,366.88$ 9,366.88$ Annual registration software. Unintentionally eliminated from the budget due to cancellation of upgrade
S&B Confluence CO, LLC Custodial Services Agreement 429,221.40$ 16,543.32$ Contract does not align with calendar year
American Awning Shade Sail at Outdoor Pool 30,000.00$ 16,000.00$ Work is 50% complete
Form Works Design Group Phase 2 A&E services for the Sod
House 28,258.00$ 23,938.00$ 75% of project is grant funded, expect project completion
summer 2024
01 - General Fund Total $2,450,011.13
12 - Public Art Fund
Various Vendors Dancing Pony Install 3,365.50$ 3,365.50$ Install not yet complete
Aethyrworks LLC Public Art for Clear Creek Crossing 185,000.00$ 19,000.00$ Final Acceptance will be in 2024
Cor4 Studios / Shachtman Studios Wadsworth Public Art $ 475,000.00 95,000.00$ Work is in progress
117,365.50$
17 - Police Investigation Fund
Various Vendors Monitor for Drone Program 1,300.00$ 1,300.00$ Program initiated late in 2023
Various Vendors Desktop for Drone Program 4,100.00$ 4,100.00$ Program initiated late in 2023
5,400.00$
Colorado Civil Infrastructure Emergency Storm Sewer Repair 570,000.00$ 84,127.25$ Project is in progress, but not yet complete
C&L Water Solutions Stormwater system emergency 126,000.00$ 122,693.46$ Project is in progress, but not yet complete
Martin Marietta Materials 2023 Mill & Overlay Project 2,127,576.00$ 995,808.41$ Project is in progress, but not yet complete
HDR Engineering, Inc.Wadsworth Improvements ROW 151,810.54$ 417.40$ Additional work added, amendment in process
HDR Engineering, Inc.Wadsworth Improvement Phase III 253,188.01$ 38,645.98$ Wadsworth project is ongoing
12 - Public Art Fund Total
17 - Police Investigation Fund Total
30 - Capital Project Fund
Murray Dahl Beery & Renquist Wadsworth Improvement Legal Support 80,494.35$ 23,105.69$ Keeping this PO for future potential legal issues related to Wadsworth Improvement
Concrete Works of Colorado Wadsworth Improvement
Construction 19,880,575.88$ 506,530.77$ The Wadsworth project is ongoing
AECOM Technical Services Wadsworth Improvement Construction Management 4,630,119.17$ 1,955,945.77$ The Wadsworth project is ongoing
Various Vendors Wadsworth Construction 2,100,000.00$ 2,100,000.00$ The Wadsworth project is ongoing
Various Vendors 2023 Striping 182,000.00$ 182,000.00$ Striping was not complete in 2023 due to other priorities
and staffingRoadsafe Traffic Systems Striping maintenance 309,046.15$ 84,994.42$ Project is ongoing and extending into 2024
Majestic Concrete 2023 Concrete Rehab/ADA at 38th & Reed & Speed humps 807,400.86$ 75,619.37$ Project is ongoing and extending into 2024
A-1 Chipseal Company Slurry Seal 395,050.00$ 101,089.95$ Project is ongoing and extending into 2024
Ayres Associates 38th West Study 615,210.00$ 337,363.98$ Project is ongoing and extending into 2024
OfficeScapes Court Admin Remodel 87,960.34$ 46,074.17$ Completion expected by end of March
Seven Point Construction, Inc.Design Build Services - Court Remodel 146,040.00$ 33,335.71$ Completion expected by end of March
Interface Communications Company Network Cabling and Window
Coverings for Court Remodel 7,500.00$ 7,500.00$ Working to complete locates prior to install
OfficeScapes Mayor's Office Restack 6,602.26$ 6,602.26$ Furniture delayed during shipping
OfficeScapes Payroll Office Restack 9,912.57$ 4,956.28$ Furniture delayed during shipping- completion Feb24
Various Vendors City Hall Fluorescent Light Replacement 75,000.00$ 75,000.00$ Team learned of the House Bill late in 2023, will go to bid in 2024
Tech Electronics of Colorado City Hall Fire Safety Panel
Replacement 25,000.00$ 25,000.00$ Learned of failing panel end of 2023, needs replaced in
2024
6,806,810.87$
32 - Open Space Fund
Various Vendors Happiness Gardens Expansion 40,821.17$ 36,141.17$ During site prep, utilities required re-locate causing delays
Icon Shelter Systems 2 shelters with brochure boxes 22,655.00$ 22,655.00$ Awaiting delivery
The Architerra Group Panorama Park Tennis Court
Design 56,550.00$ 43,402.77$ Design is in progress after a delayed start
Design Concepts Tabor Lake Trail Improvements 124,088.00$ 97,560.18$ Additional survey work needed before design can be completed
Various Vendors Randall Park Community Garden 175,191.00$ 175,191.00$ Demoed structure required unforeseen remediation
Various Vendors Historic Park Fence Replacement 30,000.00$ 30,000.00$ Project is being resolicited due to non-responsive vendor
submissions
Various Vendors Panorama & Stites Dugout/
Backstop 300,000.00$ 210,010.00$ Design not yet complete, will bid in 2024
Architerra Group Design for Panorama & Stites Baseball Field Improvements 89,990.00$ 89,990.00$ Design in progress
Various Vendors Wayfinding Signage for Greenbelt 116,324.00$ 116,324.00$ Due to staff changes, this project was delayed- supplier
proposals due Feb 24. Architerra Group Green at 38th Architecture Svcs 399,909.00$ 158,655.14$ Work is in progress and should complete early 2024
ECI Green at 38th CM/GC 29,850.00$ 16,597.61$ Preconstruction work is ongoing, construction in 2024
Game Time Anderson Park Site Furnishings 19,717.10$ 19,717.10$ Project add-on, contractor is waiting for warmer to weather to complete the installation
30 - Capital Project Fund Total
1,016,243.97$
40 - Renewal Wheat Ridge Bond
EST, Inc. design Youngfield St. over Clear Creek 75,036.00$ 26,691.08$ Project is ongoing and extending into 2024
David Evans and Associates Youngfield Gateway Improvement & 32nd Multimodal 995,932.00$ 369,567.47$ Project delayed due to extended conceptual design phase and value engineering
Techcon Infrastructure LLC Bridge Repair Youngfield over CC 469,911.00$ 22,398.30$ Project is ongoing and extending into 2024
Felsburg Holt & Ullevig (FHU)Engineering svcs for 38th and Kipling 34,256.00$ 15,611.00$ project not constructed
Various Vendors 38th and Kipling Construction 955,744.00$ 813,744.00$ Obligated for 38th / Kipling Construction
AECOM Technical Services Construction Mgmt - 38th and
Kipling 32,604.00$ 32,604.00$ Project is ongoing and extending into 2024
Reliant Mechanical Svcs Recreation Center Heat Recovery
Unit Replacement 1,312,500.00$ 912,500.00$ Units are being built and will be installed in 24
Independent Roofing Specialists WRRC Roof Replacement 973,158.00$ 121,180.90$ Work is in progress, delayed due to supply issues
HDR Engineering, Inc.ROW svcs for Ward Station 116,710.31$ 80,621.26$ Project is ongoing and extending into 2024
Short Elliott Hendricks Design Svcs for Ward TOD 655,873.31$ 2,001.93$ Project is ongoing and extending into 2025
AECOM Technical Services Ward Station Area Improvements 153,232.43$ 91,322.86$ Project is ongoing and extending into 2026
GoodLand Construction Work on 52nd Ave. 7,313,186.74$ 1,732,079.19$ Project is ongoing and extending into 2024
4,220,321.99$
Various Vendors Phase II Prospect Park Renovations 30,235.57$ 30,235.57$ Remaining Renovations to be complete 2024
Greater Western Fence, LLC Prospect Park Fence 25,536.00$ 25,536.00$ Project awarded in late 2023, will complete once weather
is favorable
Select Garage Doors Garage Door Replacement at
Parks Shop 4,963.43$ 4,963.43$ New door not yet delivered
60,735.00$
14,676,888.46$
54 - Conservation Trust Fund
54 - Conservation Trust Fund Total
2023 Open Purchase Orders Total
32 - Open Space Fund Total
40 - Renewal Wheat Ridge Bond Total
ITEM NO: 1b
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE PURCHASE OF LIQUID DEICER
MATERIALS FOR SNOW AND ICE CONTROL ON CITY STREETS FROM GMCO CORPORATION IN A TOTAL AMOUNT NOT TO EXCEED $85,000 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Director of Public Works City Manager ISSUE: The city purchases and applies deicer materials each year as part of its snow and ice control efforts.
The city will utilize a State of Nebraska contract with GMCO Corporation to purchase materials
for 2024 in an amount not to exceed $85,000. PRIOR ACTION: N/A
FINANCIAL IMPACT: Funds for the purchase of these materials are included in the Public Works Department Operating Budget, Account Number 01-303-650-660, Operating Supplies.
BACKGROUND: The Public Works Department is responsible for performing snow and ice control on city streets. The Department takes a proactive approach by applying salt and liquid deicing materials prior to and during snowstorm events to prevent the formation of ice and accelerate the melting of snow.
The city minimizes the use of sand for snow and ice control as it contributes to the amount of small particulate matter in the air. Instead, salt and liquid deicer is applied.
Council Action Form – 2024 Deicer Purchase February 26, 2024
Page 2
The city will utilize an existing contract between the State of Nebraska and GMCO Corporation for this purchase, (Contract #15367). The contract allows other public agencies to purchase off the
award of that bid as a cooperative user.
RECOMMENDATIONS: Staff recommends utilizing the State of Nebraska contract with GMCO Corporation to purchase liquid deicer materials for snow and ice control for a not-to-exceed amount of $85,000.
RECOMMENDED MOTION: “I move to approve the purchase of liquid deicer materials for snow and ice control on city streets from GMCO Corporation in a total amount not to exceed $85,000.”
or,
“I move to deny the approval of the purchase of liquid deicer materials for the following reason(s): __________________.” REPORT PREPARED/REVIEWED BY:
Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager ATTACHMENTS: 1. State of Nebraska Contract with GMCO Corporation
STATE OF NEBRASKA CONTRACT AMENDMENT State Purchasing Bureau
1526 K Street, Suite 130
Lincoln, Nebraska 68508
Telephone: (402) 471-6500
Fax: (402) 471-2089
PAGE ORDER DATE
1 of 3 11/28/23
BUSINESS UNIT BUYER
CONTRACT NUMBER
15367 OC
27227020 BRENDA SENSIBAUGH (AS)
VENDOR NUMBER: 2338542
VENDOR ADDRESS:
GMCO CORPORATION
PO BOX 1480
RIFLE CO 81650-1480
THE CONTRACT PERIOD IS:
__________________________________
BUYER
________________________________
MATERIEL ADMINISTRATOR
R43500|NISM0001|NISM0001 20210628
SEPTEMBER 22, 2023 THROUGH SEPTEMBER 21, 2024
THIS CONTRACT HAS BEEN AMENDED PER THE FOLLOWING INFORMATION:
NO ACTION ON THE PART OF THE CONTRACTOR NEEDS TO BE TAKEN AT THIS TIME. ORDERS FOR THE MATERIALS
AND/OR SERVICES WILL BE MADE AS NEEDED BY THE VARIOUS AGENCIES OF THE STATE.
THIS CONTRACT IS NOT AN EXCLUSIVE CONTRACT TO FURNISH THE MATERIALS AND/OR SERVICES SHOWN BELOW, AND
DOES NOT PRECLUDE THE PURCHASE OF SIMILAR MATERIALS AND/OR SERVICES FROM OTHER SOURCES.
THE STATE RESERVES THE RIGHT TO EXTEND THE PERIOD OF THIS CONTRACT BEYOND THE TERMINATION DATE WHEN
MUTUALLY AGREEABLE TO THE CONTRACTOR AND THE STATE OF NEBRASKA.
Original/Bid Document 6324 OF
Contract to supply and deliver Corrosion Inhibited Liquid Magnesium Chloride (Clear Roads Product Category 1) to the State of Nebraska
as per the attached specifications for the contract period September 22, 2023 through September 21, 2024. The contract may be renewed
for one (1) additional one (1) year periods when mutually agreeable to the vendor and the State of Nebraska.
Product Bids: Torch LT and Torch CI
Vendor Contact: Bruce Juelfs
Phone: 970-541-8834
Fax: 970-625-9101
E-Mail: bjuelfs@gmcocorp.com
THIS IS THE THIRD RENEWAL OF THE CONTRACT AS AMENDED. (BT 8/25/23)
AMENDMENT TWO (2) AS ATTACHED. (AM 10/19/23)
AMENDMENT THREE (3) AS ATTACHED. (AM 11/28/23)
Line Description
Estimated
Quantity
Unit of
Measure
Unit
Price
1 496,100.0000 GL 1.2200
2 9,000.0000 GL 1.2200
DISTRICT 1 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH LT
DISTRICT 2 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH LT
DocuSign Envelope ID: B7886750-70CF-4226-9275-2A2FE2F6379A
12/4/2023 12/4/2023 12/5/2023
ATTACHMENT 1
STATE OF NEBRASKA CONTRACT AMENDMENT State Purchasing Bureau
1526 K Street, Suite 130
Lincoln, Nebraska 68508
Telephone: (402) 471-6500
Fax: (402) 471-2089
PAGE ORDER DATE
2 of 3 11/28/23
BUSINESS UNIT BUYER
CONTRACT NUMBER
15367 OC
27227020 BRENDA SENSIBAUGH (AS)
VENDOR NUMBER: 2338542
______________
BUYER INITIALS
R43500|NISM0001|NISM0001 20210628
Line Description
Estimated
Quantity
Unit of
Measure
Unit
Price
3 9,000.0000 GL 1.2200
4 233,200.0000 GL 1.2200
5 1,324,400.0000 GL 1.2100
6 124,300.0000 GL 1.2200
7 126,500.0000 GL 1.2200
8 129,800.0000 GL 1.2900
9 496,100.0000 GL 1.1600
DISTRICT 3 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH LT
DISTRICT 4 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH LT
DISTRICT 5 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH LT
DISTRICT 6 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH LT
DISTRICT 7 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH LT
DISTRICT 8 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH LT
DISTRICT 1 CORROSION
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH CI
DocuSign Envelope ID: B7886750-70CF-4226-9275-2A2FE2F6379A
STATE OF NEBRASKA CONTRACT AMENDMENT State Purchasing Bureau
1526 K Street, Suite 130
Lincoln, Nebraska 68508
Telephone: (402) 471-6500
Fax: (402) 471-2089
PAGE ORDER DATE
3 of 3 11/28/23
BUSINESS UNIT BUYER
CONTRACT NUMBER
15367 OC
27227020 BRENDA SENSIBAUGH (AS)
VENDOR NUMBER: 2338542
______________
BUYER INITIALS
R43500|NISM0001|NISM0001 20210628
Line Description
Estimated
Quantity
Unit of
Measure
Unit
Price
10 DISTRICT 2 CORROSION 9,000.0000 GL 1.1600
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH CI
11 DISTRICT 3 CORROSION 9,000.0000 GL 1.1600
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH CI
12 DISTRICT 4 CORROSION 233,200.0000 GL 1.1600
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH CI
13 DISTRICT 5 CORROSION 1,324,400.0000 GL 1.1300
INHIBITED LIQUID MAGNESIUM
CHLORIDE
(CLEAR ROADS PRODUCT CATEGORY 1)
TORCH CI
14 DISTRICT 6 CORROSION 124,300.0000 GL 1.1300
INHIBITED LIQUID MAGNESIUM
CHLORIDE (CLEAR ROADS PRODUCT CATEGORY 1)
TORCH CI
15 DISTRICT 7 CORROSION 126,500.0000 GL 1.1600
INHIBITED LIQUID MAGNESIUM
CHLORIDE (CLEAR ROADS PRODUCT CATEGORY 1)
TORCH CI
16 DISTRICT 8 CORROSION 129,800.0000 GL 1.2300
INHIBITED LIQUID MAGNESIUM
CHLORIDE (CLEAR ROADS PRODUCT CATEGORY 1)
TORCH CI
DocuSign Envelope ID: B7886750-70CF-4226-9275-2A2FE2F6379A
ITEM NO: 1c
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO JEFFERSON
CENTER FOR MENTAL HEALTH FROM ARPA FUNDS IN THE AMOUNT OF $100,000 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
_______________________________ ______________________________ Administrative Services Director City Manager ISSUE: City Council provided direction to staff regarding usage of American Rescue Plan Act (ARPA)
funds in 2022. That direction included payment to Jefferson Center for Mental Health (JCMH) in
the amount of $100,000 per year for four years for services to Wheat Ridge residents. This motion approves payment in 2024. PRIOR ACTION:
During the April 4, 2022 Study Session, City Council provided consensus to move forward with
a $400,000 allocation of funding to JCMH. Council also asked staff to reimburse JCMH for $27,000 per year reimbursement towards a mental health clinician at Wheat Ridge High School. That position is in place for this school year and payment has been made as directed by Council.
FINANCIAL IMPACT:
The City has received a total of $7,873,279.72 in funds from ARPA to address the impacts of the pandemic. The purpose of the funding is to:
• Fight the pandemic and support families and businesses struggling with its public health and
economic impacts,
• Maintain vital public services, even amid declines in revenue, and
• Build a strong, resilient, and equitable recovery by making investments that support long-term growth and opportunity.
Council Action Form – JCMH Annual Payment February 26, 2024
Page 2
U.S. Treasury Department guidance allowed the City to accept its full allocation as a contribution towards “lost revenue,” which enables the City to appropriate the funding for general government services. This funding therefore increases the General Fund unrestricted fund balance meaning there
is no negative financial impact when Council appropriates these funds for uses as directed at the
April 4, 2022 Study Session. The $100,000 payment to JCMH is budgeted in the Mayor and Council’s cost center line item 01-102-700-780.
BACKGROUND: JCMH is the County’s mental health provider, embedded in the community by teaming up with schools, police departments, probation offices, substance abuse centers and other providers. JCMH has always been a significant partner for the City. The ARPA allocation allows JCMH to
expand community engagement programming and provides needed resources to help handle the
increase in requests for service, likely as an outcome of the pandemic. This funding allows JCMH to expand its speakers bureau, develop new and strengthen existing community partnerships and increase outreach initiatives. Through this partnership, JCMH has offered three free mental health series’ to the community to help build resilience and cope with the pressures
of today’s world. RECOMMENDATIONS: Staff recommends approval of the annual payment to JCMH.
RECOMMENDED MOTION:
“I move to approve annual payment to Jefferson Center for Mental Health from ARPA funds in the amount of $100,000.” Or,
“I move to deny annual payment to Jefferson Center for Mental Health for the following reason(s) .” REPORT PREPARED/REVIEWED BY:
Allison Scheck, Deputy City Manager
Patrick Goff, City Manager ATTACHMENTS: 1. Invoice #WRARPA2324
CamScannerATTACHMENT 1
ITEM NO: 2
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 03-2024 – AN ORDINANCE AMENDING
ARTICLES V AND XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BICYCLE PARKING AND STORAGE REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
PUBLIC HEARING ORDINANCES FOR 1ST READING (02/12/24) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/26/24) RESOLUTIONS
QUASI-JUDICIAL: YES NO
___________________________ Community Development Director City Manager ISSUE: The proposed ordinance creates long-term bicycle storage requirements for large multi-unit residential developments, updates and clarifies vehicle parking reduction allowances when additional bicycle parking is required, and decouples bicycle parking requirements from vehicle
parking requirements. PRIOR ACTION: In April 2023, City Council gave staff direction to begin research on bicycle parking requirements including the potential for e-bike charging, based on best practices and zoning
codes from surrounding communities. At the City Council study session on August 7, 2023, City Council gave staff direction to proceed with a bicycle parking and storage ordinance generally taking the form of the ordinance as attached.
Planning Commission reviewed this ordinance at a public hearing held on January 18, 2024 and recommended approval by a vote of 5 to 0. A copy of the Planning Commission minutes is
attached.
Council Action Form – Bicycle Parking and Storage February 26, 2024
Page 2
City Council approved this ordinance on first reading on February 12, 2024. A motion was made by Councilmember Hultin and seconded by Councilmember Stites and was approved by a vote
of 8 to 0.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City.
BACKGROUND: Current Code
Developments in all zone districts, except mixed-use zones, must comply with the bicycle
parking requirements in Section 26-501, which was adopted in 2001 and contains minimal bicycle parking requirements. Ordinance No. 1766, passed on June 26, 2023, increased minimum bicycle parking requirements
in only mixed-use zone districts to 1 space for every 4 dwelling units for multi-unit residential
developments, and 1 space for every 10 vehicle parking spaces for commercial developments. These requirements were essentially doubled from the previous version of the mixed-use code. That ordinance also encourages secured indoor bicycle parking for multi-unit residential development, but it did not go as far as establishing requirements or standards because at the
time staff anticipated more research being needed to pass a more comprehensive bicycle parking
and storage ordinance. The sections of the code pertaining to bicycle parking (26-501.E.4 and 26-1109.J) do not contemplate requirements for indoor bicycle storage. The code provides some incentives to
reduce overall vehicle parking if additional bicycle parking beyond the minimum is provided, up
to a maximum of 10 percent. Additionally, the requirements for the number of bicycle parking spaces are tied to the number of vehicle parking spaces, which is challenging as vehicle parking requirements and reductions can vary so widely.
Bicycle Storage
When considering bike parking, there is a notable difference between a typical outdoor “u-rack” bicycle parking space and a secured indoor facility. While u-racks are reasonable for temporary bicycle parking, especially when placed near areas of congregation or building entrances, they are often not a secure solution for long-term bicycle storage due to theft risk and weather. Long-
term bicycle parking can come in the form of a covered and gated exterior storage, bicycle
lockers, or bicycle storage rooms within buildings or parking garages. Some new apartment developments in Wheat Ridge are voluntarily providing small bicycle storage rooms either within the building or parking garage. Others have not elected to do so unless required by code.
PROPOSED ORDINANCE:
The proposed ordinance is based on the consensus of Council and also includes the recommendation to “decouple” bicycle parking from vehicle parking as recommended by the Sustainability Committee and additional public comment.
Council Action Form – Bicycle Parking and Storage February 26, 2024
Page 3
The ordinance accomplishes several main goals and will provide for long-term bicycle storage options for large multi-unit residential developments:
• Clarifies vehicle parking reductions for providing additional bicycle parking beyond the minimum.
• Provides additional incentives to offices and institutional uses if long-term bicycle storage and/or shower and changing facilities are provided.
• Adds standards for long-term bicycle parking including security and weather protection.
• Updates minimum bicycle parking requirements for all uses to better align with the mixed-use code updates.
• Decouples bicycle parking from vehicle parking, instead assessing it against the floor area of the use. This means bicycle parking is no longer assessed as a ratio of required vehicle parking, which is more typical of bicycle parking requirements and more aligned with best practice.
• Adds minimum long-term bicycle parking requirements for multi-unit apartment and
condominium developments over 50 dwelling units. This will allow for secure long-term bicycle parking for denser residential developments where unit sizes tend to be smaller and are more likely to be located in areas with better access to bicycle and pedestrian infrastructure.
RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION:
“I move to approve Council Bill No. 03-2024, an ordinance amending Articles V and XI of
Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith, on second reading, and that it takes effect on March 1, 2024.”
Or,
“I move to postpone indefinitely Council Bill No. 03-2024, an ordinance amending Articles V and XI of Chapter 26 of the Wheat Ridge Code of Laws, concerning bicycle parking and storage requirements, and making conforming amendments therewith, for the following reason(s):
_______________________________________.”
REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager
Lauren Mikulak, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 03-2024
2. Planning Commission Minutes
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 03
ORDINANCE NO. 1788 Series 2024 TITLE: AN ORDINANCE AMENDING ARTICLES V AND XI OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING BICYCLE PARKING
AND STORAGE REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety, or welfare; and
WHEREAS, in the exercise of this authority, the Council has previously adopted regulations in Chapter 26 of the Wheat Ridge Code of Laws (the “Code” pertaining to bicycle parking and storage; and
WHEREAS, the Council recognizes that these regulations are outdated and do not
align with best practice, and that there are multiple parallel requirements which are challenging to administer; and
WHEREAS, the City is receiving an increasing number of development applications for multi-unit residential developments, some of which provide limited bicycle
parking and no opportunities for long-term secured storage; and
WHEREAS, the Council finds that bicycle parking and storage requirements in Articles V and XI of Chapter 26 of the Code require revision.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-501. D.1 of the Wheat Ridge Code of Laws, concerning parking reductions by right and the associated Table 5: Parking Reductions, is hereby amended as follows:
D. Parking reductions.
1. Parking reductions by right. The community development director may
grant a parking reduction not to exceed twenty-five (25) percent of the
required number of vehicular parking spaces as set forth below without a variance process. Only one (1) of the following options may be applied to anyone (1) development, unless otherwise noted in the table:
2
TABLE 5: PARKING REDUCTIONS
Only one of the following may be utilized per development unless otherwise noted.
Standard Reduction Allowed
Bicycle parking 1 vehicular space for every 2 bicycle parking
spaces beyond what is mandatory per Section 26-501. E.4. up to a maximum of a 10% total reduction in vehicular parking spaces.
If long-term bicycle storage and/or shower
and changing facilities are provided for office and institutional uses, the following additional reductions may be combined with the 10% bicycle parking reduction above for a total reduction up to a
maximum of 20%.
• 5% if long-term bicycle storage is provided,
• 5% if shower and changing facilities are provided that are accessible to employees nearby the bicycle storage area.
Property located within 1/4 mile of a
transit station
25%
Property located within 500 feet of a transit bus stop with 20-minute peak service
10%
No parking areas located between
any part of the building and the
public right-of-way
10%
Surfacing 10% when an existing parking area with an unimproved surface is improved to comply with Section 26-501. E.125.
Structured Parking 10%
Motorcycle and Scooter Parking 1 vehicular space for every 2 motorcycle and/or scooter spaces up to a maximum 25% reduction.
…
Section 2. Section 26-501. E.4 of the Wheat Ridge Code of Laws, concerning bicycle parking requirements, is hereby amended as follows:
…
4. Bicycle parking.
3
a. Applicability. Bicycle parking as set forth in Table 7 in subsection E.4.b below shall be required for all nonresidential and multi-unit dwelling uses.
i. Bicycle parking required. Bicycle parking as set forth in subsection E.4.b below (bicycle parking standards) shall be required for all nonresidential and multi-unit dwelling uses as follows:
a) All properties located within five hundred (500) feet of the right-of-way boundary or trail centerline of an
existing or proposed bicycle route from the adopted City
of Wheat Ridge Bike and Pedestrian Route Master Plan.
b) All properties located within one-quarter mile of a transit station or transit bus stop that provides twenty-minute peak hour service.
c) All applicable properties set forth in Table 7 (Schedule
of Required Bicycle Parking Spaces) below.
ii. Bicycle parking optional. For all other properties that do not fall under the geographic conditions in subsection i above, bicycle parking is optional, and may be used to reduce the required
number of vehicular parking spaces set forth in subsection E.4.b.iii below.
b. Standards.
i. Bicycle parking design standards.
a) The required bicycle rack is the "inverted U" type, or
other type approved by the community development director. Each inverted U bicycle rack shall count as two (2) bicycle parking spaces.
b) Bicycle parking facilities shall include provisions for storage and locking of bicycles in secure racks, or
equivalent installation, in which the user may lock both the bicycle frame and wheels to the rack.
c) Parking for bicycles shall be provided on site, and bicycle parking areas shall be well-lighted and located as near to the building or facility entrance as possible
but not more than fifty (50) feet away and shall not interfere with pedestrian traffic.
d) If possible, bicycle parking areas should utilize already existing weather protected areas such as building overhangs.
e) If bicycle and automobile parking areas or accessways
abut each other, a physical barrier between the bicycle parking area and the automobile parking or drive areas
4
shall be provided to prevent the possibility of bicycle-motor vehicle collisions.
fe) Bicycle facilities required by this section shall be
maintained for the duration of the use requiring such facilities and shall not be used for other purposes.
ii. Long-term bicycle parking.
a) Intended to provide users of a site a secure and weather-protected place to park and store bicycles
and to charge electric bicycles.
b) Shall take the form of an enclosed bicycle storage room within the primary building, enclosed bicycle lockers, a separate bicycle storage shed, an enclosure within a parking garage, or in another form
within 100 feet of the primary entrance as deemed appropriate by the community development director.
c) All types of long-term bicycle parking shall be easily accessible to all building occupants, secure, lighted, and weather resistant.
iii. Number of required bicycle parking spaces. Bicycle parking
spaces shall be provided at a rate of five (5) percent of the required vehicular parking spaces, but not less than two (2) spaces, unless otherwise specified below in Table 7. No development shall provide fewer than two (2) bicycle parking spaces, unless
otherwise noted in Table 7.
Table 7: Schedule of Required Bicycle Parking Spaces [1]
Use Number of Required Bicycle Parking Spaces
Funeral homes or mortuaries
Motor fueling stations, repair
garages, tire stores, car wash, etc. Drive-up windows providing services to occupants in vehicles
None.
Educational institutions (public or
private)
One (1) bicycle parking space for each twenty
(20) students
Amusement/recreational enterprises such as swimming pools, skating rinks, health clubs, spas, etc.
One (1) bicycle parking space for each twelve (12) persons capacity
Transit bus stop with 20-minute peak
service
Two (2) bicycle parking spaces for each transit
bus stop.
Public Transit Station One (1) bicycle parking space per each ten (10) parking spaces required for motor vehicles, but not less than twenty (20) spaces.
5
All other nonresidential and multi-unit dwelling uses Five (5) percent of the required vehicular parking spaces, but not less than two (2) spaces
Retail, personal services 1 space per 2,000 square feet of floor area
Eating or drinking establishment, including drive-throughs 1 space per 2,000 square feet of floor area
Office 1 space per 5,000 square feet of floor area
Community building or place of
worship
1 space per 5,000 square feet of floor area
Hotel 1 space per 10,000 square feet of floor area
Warehouse or distribution 1 space per 10,000 square feet of floor area
All other nonresidential uses 1 space per 5,000 square feet of floor area
Multi-unit and single attached
residential
One (1) bicycle parking space for every
four (4) dwelling units
For multi-unit apartment or condominium developments over 50 dwelling units, at least 50% of required bicycle parking shall be long-term; if a parking garage is being provided, at least 75% of required bicycle parking shall be long-term. Long-term parking is encouraged for multi-unit developments under 50 dwelling units but is not required.
In all instances where long-term bicycle parking is being provided, in addition to that required within the building or accessory structure, a minimum of four (4) standard bicycle parking spaces shall also be provided outside of the building.
[1] The number of required bicycle parking spaces in this table shall not be
considered to be in addition to any other required numbers of bicycle parking spaces. Uses not specified: In the case of a use not specifically mentioned, the requirements shall be determined by the community development director based on comparison to similar uses.
iiiiv. Vehicular parking space reductions for bicycle parking spaces. The
number of required motor vehicle parking spaces may be reduced at the ratio of one (1) motor vehicle parking space for each two (2) bicycle parking spaces, up to a maximum reduction of ten (10) percent of the required motor vehicle parking spaces in accordance with Table 7 above. Table 5 in section 26-501.D provides options to reduce the
number of required motor vehicle parking spaces if additional
6
bicycle-related facilities are provided beyond the minimum requirements. …
Section 3. Section 26-1109.J of the Wheat Ridge Code of Laws, concerning bicycle parking requirements in mixed use zone districts, is hereby amended as follows:
J. Bicycle parking. Bicycle parking shall be provided in accordance with section 26-501. E.4.
1. For nonresidential development, or portion thereof, bicycle parking spaces shall be required at a rate of one (1) bicycle parking space for every ten (10) automobile parking spaces. No nonresidential development shall provide less than four (4) bicycle parking spaces. One (1) standard “Inverted U” bicycle rack shall be considered two (2) bicycle parking
spaces.
2. For multi-unit and single attached residential development, or portion thereof, bicycle parking spaces shall be required at a rate of one (1) bicycle parking space for every four (4) units. No multi-unit residential development shall provide less than four (4) bicycle parking spaces. One
(1) standard “Inverted U” bicycle rack shall be considered two (2) bicycle
parking spaces.
3. Parking for bicycles shall be provided on site, in addition to any bicycle parking required in the right-of-way by the streetscape design manual. Bicycle parking areas shall be well-lighted and located not more than fifty
(50) feet from the primary building entrance. Bicycle parking for residential
uses is encouraged to be sheltered and secured.
4. Secured, indoor bicycle parking and storage is encouraged in multi-unit residential development and shall count towards the total number of spaces required, although a minimum of four (4) bicycle parking spaces
shall be provided outside the building. Indoor bicycle parking shall take the
form of a secured bicycle storage room.
Section 4. 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 5. Effective Date. This Ordinance shall take effect on March 1, 2024, as provided by Section 5.11 of the Charter provided, however, the minimum long-term
bicycle parking requirements in Section 2 of this Ordinance shall not apply to multi-unit
development projects which are under site plan or specific development plan review by the Community Development Department as of the effective date of this Ordinance and
7
for which the first round of review comments have already been provided to the applicant from the City.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on
this 12th day of February 2024, 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 February 26, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this 26th day of February 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: February 13, 2024 Second Publication: February 27, 2024 Effective Date: March 1, 2024 Jeffco Transcript and www.ci.wheatridge.co.us
ATTACHMENT 2
ITEM NO: 3
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 04-2024 – AN ORDINANCE AMENDING
CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ELECTRIC VEHICLE (EV) CHARGING AND PARKING REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
PUBLIC HEARING ORDINANCES FOR 1ST READING (02/12/24) BIDS/MOTIONS ORDINANCES FOR 2ND READING (02/26/24) RESOLUTIONS
QUASI-JUDICIAL: YES NO
____________________________ ____________________________
Community Development Director City Manager ISSUE: The proposed ordinance creates regulations for electric vehicle (EV) parking and charging facilities within the zoning code, defines terms related to EVs, allows for EV charging facilities
of various types throughout the City, and establishes minimum EV parking space requirements. PRIOR ACTION: This topic was discussed with City Council at its August 7, 2023 study session. Staff had
previously recommended in April 2023 that Council adopt EV regulations given increasing
adoption of EVs by the general public and the need for some regulations and requirements. Staff’s recommendations at the August 2023 study session were revised to include components of Colorado House Bill (HB) 23-1233. Council’s consensus was to draft an ordinance to comply with the minimum requirements of HB23-1233 and to create some additional regulations and
definitions for EV parking. The attached ordinance is a result of Council’s consensus and
additional research into the requirements of HB23-1233 as described below.
Planning Commission reviewed this ordinance at a public hearing held on January 18, 2024, and recommended approval by a vote of 5 to 0. A copy of the Planning Commission minutes is attached.
Council Action Form – EV Charging and Parking February 26, 2024
Page 2
City Council approved this ordinance on first reading on February 12, 2024. A motion was made by Councilmember Ohm and seconded by Councilmember Hultin and was approved by a vote of
8 to 0.
FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City.
BACKGROUND: The current zoning code does not have any requirements related to EV parking and charging.
Likewise, the City’s current adopted building codes and local amendments (2018 International
Building Codes or IBC and 2020 National Electric Code or NEC) allow for EV charging, but do not mandate placement, design, or minimum quantities or percentages. House Bill 23-1233 (Statewide EV Charging and Parking Requirements)
The Colorado State Legislature approved HB23-1233 in June 2023 which requires the state
electrical board to adopt rules facilitating electric vehicle charging at multi-unit buildings and creates regulations and requirements regarding EV parking. The purpose of the state legislation is to further the State’s goals related to the reduction of greenhouse gas emissions and to expand the charging infrastructure necessary to support a growing EV market share.
To that end, the bill also mandates that municipalities comply with the EV power transfer infrastructure requirements in the statewide Model Electric Ready and Solar Ready Code. Staff will discuss with Council how these changes relate to building code updates as part of the building code adoption process later this year. In the meantime and to comply with the new state
law, the City must update the zoning code and update the approach to EV charging and parking
as a whole. The portions of HB23-1233 most relevant to Wheat Ridge when discussing EV parking and charging are:
• Requires compliance with all the EV requirements in the Model Electric Ready and Solar Ready Code by March 1, 2024, including minimum parking requirements.
• Prohibits unreasonable restrictions on EV installations for both tenants and owners.
• Prohibits local governments from banning EV parking or charging.
Current and Future Market
The City is not seeing the private market deliver EV spaces in new developments, beyond a couple of spaces here and there, despite a nationwide increase in the prevalence of EVs. The City has also seen limited interest in building freestanding EV charging facilities despite the City’s proximity to Interstate 70 and Highway 58. However, HB23-1233 encourages the Colorado
Department of Transportation to collaborate with public or private entities to develop projects for
the construction of electric vehicle charging systems along state and interstate highway systems which could increase the level of interest. PROPOSED ORDINANCE:
The proposed ordinance consists of several components, described below. An EV Informational
Guide prepared by Sustainable Wheat Ridge and reviewed by Mary Hester, Sustainability
Council Action Form – EV Charging and Parking February 26, 2024
Page 3
Coordinator, is attached and includes additional details and background on the current state of EVs.
The ordinance accomplishes the following:
• Creates definitions related to EVs, including defining Electric Vehicle Charging Stations (EVCS), Retail EVCS, and EV parking spaces.
• Creates standards within the City’s parking requirements related to EVCS, including establishing minimum parking requirements to comply with HB23-1233.
• Allows EVCS as an accessory use in all zone districts (for example, allows an EVCS in a home garage, in a parking lot, or at a gas station).
• Allows Retail EVCS in all commercial, mixed-use, and industrial zone districts. A Retail EVCS is a grouping of multiple EVCS as a primary use of the property. For example, a Tesla Supercharger could be considered a Retail EVCS. This could also be a stand-alone style grouping of EVCS which functions like a gas station and could have a retail store component included.
• Updates Planned Development requirements to ensure compliance for new developments in PDs with all applicable EV regulations.
• Allows EV parking to be shared if other conditions of shared parking agreements are met.
• Makes various other minor updates to comply with HB23-1233 related to accessible parking, when the ordinance becomes applicable, signage, and sites exceeding minimum requirements.
EV Charging Facilities
There are three tiers of EV charging facilities that are based on the amount of charging infrastructure installed. These are the different types of facilities that will be required at different percentages depending on the building code classification of the building.
• EV Capable: This refers to a facility for which infrastructure is available for future
installation of an EV charging station (i.e. conduit, breaker space, and junction box), but no wiring or charging equipment is installed. EV Capable allows for easier future installation when ready, since most of the pre-work is done including electrical panel capacity. o EV Capable Light: The State of Colorado created this term to refer to EV Capable
infrastructure that only includes the conduit, not any of the other breaker space/electrical panel capacity required to be EV Capable. This is a lower-cost install that simply places the conduit for future EV Capable/Ready/Installed, and is less of a cost/install burden than EV Capable since it does not include upsizing capacity.
• EV Ready: This refers to a facility for which the necessary infrastructure and wiring is installed, but no additional charging unit or adapter is installed. This usually means wires terminate in a junction box, or in the case of a home garage a 240-volt wired outlet is provided. EV Ready installations are typical for residential parking spaces especially
single-unit, duplex, townhome and condos where dwelling units are owned individually. These are often found in garages, which would allow a resident to plug directly into the 240v outlet or have one easily installed from the junction box.
Council Action Form – EV Charging and Parking February 26, 2024
Page 4
• EV Installed: This refers to a complete charging facility that includes all infrastructure,
outlet, and charging station. This infrastructure is typical for commercial and some multi-
unit residential properties, as well as standalone charging facilities (like Tesla Supercharger stations). Examples of EV Installed facilities are at City Hall, the Recreation Center, and Fruitdale School Lofts.
Additionally, there are different tiers of ready and installed EV infrastructure based on how
powerful the charging infrastructure is, resulting in different charging times. The EV Informational Guide describes these tiers (Levels 1, 2, and 3) in more detail, but they are not components of the House Bill and do not need to be included in the zoning code.
Minimum Parking Requirements
The proposed ordinance complies with the minimum parking requirements included in HB23-1233 by way of the Model Electric and Solar Ready Code. The minimum parking requirements in HB23-1233 specifically pertain to multi-unit residential development. However, when the City adopts the statewide building code requirements which is a requirement of the House Bill,
minimum parking requirements for commercial buildings will also apply. The reason for
adopting all of the parking requirements into the zoning code is to allow Planning staff to easily locate the requirements and request the parking spaces be included during the zoning review of any future project, making it more user friendly and to prevent surprises late in permit review. Section 15 of the attached ordinance includes the minimum parking requirements, which are
based on the building code classification of the building. These minimum requirements will
apply to any new development in Wheat Ridge. The required percentages vary with multi-unit residential development being higher than commercial and institutional, which is higher than industrial.
Requirements for redevelopment or changes of use were not included in HB23-1233, except for
some provisions related to apartment building parking lot remodels. Council’s consensus was to include some minimal requirements to upgrade sites when there were major additions (60% increase or more in floor area) or major changes of use, but to not impose burdensome requirements to add charging facilities which would potentially disincentivize redevelopment.
Staff is already required to assess parking increases on a proportional basis based on the amount
of added square footage (for additions) or floor area of a more intensive use (e.g. office to restaurant), so these proportional increases would also apply to increasing EV parking. In this case, only EV Capable Light spaces would need to be added on a proportional basis, so no additional chargers or wiring would need to be installed, but conduit would be laid to allow for
future installations. Limited exceptions to this requirement could potentially be allowed based on
existing site conditions. Effective Dates The ordinance will become effective March 1, 2024 to comply with the state requirements.
Specifically, HB23-1233 requires all site plans and specific development plans approved on and
after March 1, 2024 to comply with all of the minimum parking requirements. This requirement will also apply to new construction not subject to site plan review, but still requiring building permits; for example, state law requires a single-unit home applying for permit on or after March
Council Action Form – EV Charging and Parking February 26, 2024
Page 5
1, 2024, will need to include one (1) EV Ready space (i.e., a 240v outlet in the garage). Lastly, the ordinance also includes an expiration on plans approved prior to March 1, 2024 if no permits
are obtained within two years. If permits are not obtained within two years, then the site plan will
need to be updated to include EVCS or other EV facilities. The two-year expiration proposed in the ordinance is specific to the EV parking requirements, and staff intends to discuss site plan expiration more generally with Council later in 2024.
RECOMMENDATIONS:
Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move to approve Council Bill No. 04-2024, an ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and
making conforming amendments therewith, on second reading, and that it takes effect on March 1, 2024.” Or,
“I move to postpone indefinitely Council Bill No. 04-2024, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws, concerning electric vehicle (EV) charging and parking requirements, and making conforming amendments therewith, for the following reason(s): _______________________________________.”
REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director
Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 04-2024 2. Planning Commission Minutes (1/18/2024)
3. EV Information Guide (From Sustainable Wheat Ridge, edited by Sustainability
Coordinator Mary Hester)
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OHM COUNCIL BILL NO. 04
ORDINANCE NO. 1789 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING ELECTRIC VEHICLE (EV) CHARGING AND
PARKING REQUIREMENTS, AND MAKING CONFORMING AMENDMENTS THEREWITH
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City,
acting through its City Council (the “Council”), is authorized to adopt ordinances for the
protection of the public health, safety or welfare; and
WHEREAS, the City does not currently have any regulations related to EV charging infrastructure or parking requirements; and
WHEREAS, with the increased adoption of EVs across Colorado and the nation,
the need for charging infrastructure and regulations has become more apparent; and
WHEREAS, the legislature of the State of Colorado passed House Bill 23-1233 which includes various mandates for local governments in regards to regulating EV charging and parking, and recognizes as a matter of statewide concern the need to adopt EV charging requirements; and
WHEREAS, the Council finds that EV charging and parking requirements need to
be added to Chapter 26 and to define terms related to EV charging infrastructure.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-111.D of the Wheat Ridge Code of Laws, concerning
application requirements for site plans, is hereby amended as follows:
D. Site plan application requirements. All applications shall include at a minimum the following information. Additional information may be requested by the planning and/or engineering divisions at the preapplication conference.
1. Site plan.
…
j. Location of all existing and proposed:
…
ATTACHMENT 1
2
(5) Parking and loading areas, handicap accessible parking areas, and Electric Vehicle (EV) parking spaces;
…
…
…
Section 2. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms applicable to the zoning code, is hereby amended by the revision of certain
definitions and the addition of the following new definitions in the appropriate
alphabetical location, as follows:
Electric Vehicle Charging Station (EVCS). A public or private parking space served by battery charging station equipment which has as its primary purpose the transfer of electric energy (by conductive or inductive means) to a battery or
other energy storage device in an electric vehicle (EV), also referred to as an
EVCS Installed space.
Electric Vehicle Charging Station (EVCS), Retail. A grouping of multiple EVCSs accessible to the public as a primary use of a property, and which may provide electricity to customers for a fee. The property may also contain another
primary use such as a convenience store.
Electric Vehicle (EV) parking space. Any marked parking space that identifies the use to be exclusively for the parking of an electric vehicle.
Section 3. The “Table of Uses – Residential” set forth in Section 26-204 of the
Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows:
Accessory Uses for Residential Districts Notes
Electric vehicle charging station
(EVCS)
Section 4. The “Table of Uses – Agricultural and Public Facilities” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in agricultural and public facility zone districts, is hereby amended as follows:
Agricultural and Public Facilities Districts
Accessory Uses
Notes
Electric Vehicle Charging Station (EVCS)
Section 5. The “Table of Uses – Commercial and Industrial Districts” set forth in
Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in commercial and
industrial zone districts, is hereby amended as follows:
3
Uses Notes NC RC C-1 C-2 I-E
Electric Vehicle Charging Station
(EVCS), Retail
Site design standards for motor
fueling stations shall apply, including required landscaped buffers and screening
P P P P P
Commercial and Industrial District
Accessory Uses Notes
Electric Vehicle Charging Station (EVCS)
Section 6. Section 26-306. B.2 of the Wheat Ridge Code of Laws, concerning the site plan requirements for specific development plans, is hereby amended as follows:
2. Site plan. The drawings shall be to-scale and shall include the locations
of the following:
…
b. Proposed locations for landscaping, parking, and loading (including accessible and Electric Vehicle (EV) parking spaces), building locations, and buffering.
…
Section 7. Section 26-312.E of the Wheat Ridge Code of Laws, concerning parking requirements for planned residential development (PRD) districts, is hereby amended as follows.
E. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned
development conflict with EV requirements, the EV requirements shall control.
Section 8. Section 26-313.D of the Wheat Ridge Code of Laws, concerning parking requirements for planned commercial development (PCD) districts, is hereby
amended as follows.
D. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific
4
development plan. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned
development conflict with EV requirements, the EV requirements shall control.
Section 9. Section 26-314.D of the Wheat Ridge Code of Laws, concerning parking requirements for planned industrial development (PID) districts, is hereby
amended as follows.
D. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. New development within an existing planned development shall comply with current requirements for minimum EV
parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control.
Section 10. Section 26-315.H of the Wheat Ridge Code of Laws, concerning
parking requirements for planned hospital development (PHD) districts, is hereby amended as follows.
H. Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. New development within an existing planned
development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control.
Section 11. Section 26-316.G of the Wheat Ridge Code of Laws, concerning
parking requirements for planned mixed use development (PMUD) districts, is hereby amended as follows.
G. Parking. In accordance with section 26-1109 or 26-501, otherwise as established by the outline development plan and as specifically detailed on an
approved specific development plan or site plan. Allowances may be made for
shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. New development within an existing planned development shall comply with current requirements for
minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control.
5
Section 12. Section 26-501.B of the Wheat Ridge Code of Laws, concerning applicability of off-street parking requirements, is hereby amended as follows:
B. Applicability. This section shall apply only to new development, major change
of uses (e.g., single detached dwelling to office; office to restaurant) or
substantial extension of expansion of uses for which a building permit or site use approval is required, established subsequent to the adoption of this provision, provided, however, in residential districts on and after August 31, 2009, it shall be unlawful to park motor vehicles in areas meeting the definition of landscaping as
defined in section 26-502, or on uncontrolled weeds, or on compacted dirt
surfaces, unless such surfaces constitute a residential driveway or hard surfaced auxiliary storage area and said driveways or storage areas existed prior to August 31, 2009.
1. Applicability to existing uses.
a. No existing use or structure shall be deemed nonconforming solely because of the lack of off-street parking (including bicycle parking or EV parking) or loading requirements prescribed in this section.
….
…
7. Parking plan required. All plans for the construction of any parking facility, excluding those for single- and two-unit dwellings, must be approved by the director of community development director or his their designee, either through the site plan or specific development plan
review process or as part of a building or site work permit application for the site. and a miscellaneous building permit issued before construction is started. No such land shall be used for parking until approved by the director and a permit is issued. The plan must contain the following minimum information:
a. Number, location, and size of parking stalls. including accessible, EVCS, and bicycle parking.
b. Widths of aisles and islands.
…
Section 13. Section 26-501. C.2.b of the Wheat Ridge Code of Laws, concerning applicability of shared parking procedures, is hereby amended as follows
C. Shared parking.
...
2. Shared parking standards.
…
b. Shared parking procedure.
6
…
ii. Off lot shared parking.
…
d) Miscellaneous shared parking provisions. The total
requirements for off-street parking facilities may be utilized as the sum of the requirements for each of the various uses computed separately.
…
ii) In no instance may require handicapped accessible parking spaces be provided off lot as part of a shared parking agreement, unless no parking can be provided on site.
…
iv) EV parking may be provided off site as part of a shared parking agreement.
Section 14. Section 26-501. E.9 of the Wheat Ridge Code of Laws, regarding accessible parking requirements, is hereby amended as follows:
9. Handicapped Accessible parking. For all uses other than single- and two-unit
dwellings, ADA-compliant accessible parking shall be provided for the handicapped at the minimum rate consistent with the following table. The minimum width of an accessible parking space shall be eight and one-half (8 ½) feet with an adjacent accessible aisle with a minimum width of five (5) feet. Two
(2) accessible parking spaces may share a common aisle. Said spaces shall
have a minimum access aisle length of twenty (20) feet.
Table 8: Handicapped Accessible Parking
Total Number of Off-Street Spaces Required Number of Handicapped Accessible Spaces
[Message to codifier: No modifications to the remainder of the table.]
One (1) in every six (6) accessible spaces, but not less than one (1), shall be designated as van accessible and shall be a minimum of eight (8) feet in width and shall
be served by an access aisle a minimum of eight (8) feet in width. “Van accessible”
spaces may also be a minimum of eleven (11) feet in width with a minimum access aisle width of five (5) feet in accordance with ANSI 117.1 – Accessible and Usable Buildings and Facilities.
a. Signage; location; etc. Each handicapped accessible space shall be
marked with a freestanding sign containing the International Symbol of
Accessibility and shall be a minimum of sixty (60) inches above the
7
floor of the parking space, measured to the bottom of the sign. Signage for van accessible spaces shall contain the designation “van accessible”. The International Symbol of Accessibility shall also be
painted on the pavement. Said parking space shall be located as near
to the entrance of the use as practically possible and shall not involve crossing any area used for vehicular circulation. The total number of accessible spaces provided for the handicapped shall be included in the total number of parking spaces otherwise required by this section.
b. Electric Vehicle Charging Station (EVCS). Any van accessible parking space that is served by an EVCS and is not designated as reserved for a person with a disability must be counted as at least two (2) standard vehicle parking spaces.
Section 15. Section 26-501.E of the Wheat Ridge Code of Laws, concerning off-
street parking and loading standards, shall be amended with the addition of a new subsection 13, regarding Electric Vehicles (EVs):
13. Electric Vehicles (EVs) and Electric Vehicle Charging Stations (EVCS).
a. General standards. All parking spaces that are required to be
EVCS must meet the EVCS specifications pursuant to current building codes. All terms used within this section not defined in Chapter 26 of the Code of Laws shall use the definitions pursuant to current building codes, including EV Capable, EV Capable Light, EV Ready, and EVCS Installed.
b. Applicability. The requirements of this subsection shall apply as follows:
i. For site plan and specific development plan applications approved on and after March 1, 2024, all requirements of this subsection shall apply.
ii. For site plan and specific development plan applications approved prior to March 1, 2024 but for which no building or site work permits have been obtained by March 1, 2026, all requirements of this subsection shall apply. A site plan or specific development plan amendment may be required to
memorialize the required addition of EVCS or other EV facilities.
iii. For new construction not subject to the development review processes of section 26-106, but which does require a building or site work permit and must provide parking, all
applicable requirements of this subsection shall apply if a permit is not applied for prior to March 1, 2024.
c. Parking requirements. The following Table 12 sets forth the number of required EVCS Installed spaces, EV Ready spaces, and both types of EV Capable spaces. These requirements apply to all
8
new developments for which parking is required. This list is not intended to be exhaustive of each use category; the community development director shall determine the appropriate requirements if
the use is not identified in the table below.
i. New developments shall meet all requirements in Table 12.
ii. Additions for any use other than a single-unit dwelling, duplex, or single-attached dwelling (townhome) that increase existing floor area by sixty (60) percent or more shall be
required to provide EV Capable Light spaces at a rate based on the required proportionate increase in spaces from Table 1 and the EV Capable Light percentages in Table 12.
iii. For major changes of use that require additional parking spaces, EV Capable Light spaces shall be provided at a rate
based on the required proportionate increase in Table 2 and the EV Capable Light percentages in Table 12.
iv. For existing multi-unit residential properties undergoing renovations or expansions which disturb a minimum of fifty (50) percent or more of the parking area, all minimum parking
requirements of Table 12 shall apply.
v. The community development director may waive the requirements of ii and iii above in whole or in part based upon existing conditions, demonstrated by the applicant, that may make it impossible or impractical to install the necessary
conduit. Cost of compliance alone shall not be a basis for the waiver.
TABLE 12: EVCS Requirements
Building Code Category EV Capable EV Ready EVCS Installed EV Capable EV Capable Light
Single-unit, duplex, and single-unit attached (townhome)
None None 1 per unit1 None
Multi-unit residential 10% 30% 15% 5%
Multi-unit residential, 10 or fewer total parking spaces required
10% 10% 15% None
Commercial and institutional 10% 10% 8% 2%
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Commercial and institutional with 10 or fewer total parking spaces required
None None 2 spaces None
Industrial2 None 5% None 2%
Footnotes:
1. For any dwelling unit with a dedicated attached or detached garage or other on-site designated parking provided for the dwelling unit. 2. Exclusive of warehouse and distribution space for which there is no requirement.
d. Any EV parking space provided shall be counted towards the overall number of required parking spaces.
e. Sites exceeding minimum requirements. EVCS Installed spaces that exceed the minimum requirements of this section are permitted to be used to meet the minimum requirements for all space types. EV Ready spaces that exceed the minimum requirements of this section are permitted to be used to meet the minimum requirements of EV
Capable and EV Capable Light spaces. EV Capable spaces that exceed the minimum requirements of this section are permitted to be used to meet the minimum requirements of EV Capable Light spaces.
f. Signage. All EVCS Installed spaces shall include signage identifying them as restricted parking for EVs. If time limits or vehicle
removal provisions are to be enforced, regulatory signage including parking restrictions shall be installed immediately adjacent to, and visible from, the EVCS.
g. Accessible spaces. An EVCS shall be considered accessible if it is located adjacent to, and can serve, an accessible parking space as
defined and required by this code and the ADA.
Section 16. Section 26-1105. E.4 of the Wheat Ridge Code of Laws, regarding build-to requirements for gas stations in mixed use zones, is hereby amended as follows:
E. Build-to areas. Build-to areas are intended to bring multiple façades toward the street…
…
4. Gas stations and Retail EVCSs may meet build-to requirements through one (1) or any combination of the following two (2) elements: (1)
Structure within the build-to area; (2) Canopy within the build-to area
(Figures 4 and 5). Gas stations and Retail EVCS facilities must also provide a screen wall, thirty (30) to forty-two (42) inches in height, for one hundred (100) percent of the primary and secondary street frontage,
10
excluding access points and where portions of the building are within the build-to area. The screen wall shall be a continuous masonry wall constructed of stone, brick, or split-face concrete block, or a combination
masonry pier and decorative iron railing. There shall be a minimum four-
foot-wide landscape buffer between the screen wall and the property line.
…
Section 17. Section 26-1109 of the Wheat Ridge Code of Laws, the table
regulating parking requirements for mixed use zone districts, is hereby amended as follows by adding a new subsection L:
L. Electric vehicle (EV) parking shall be provided in accordance with section 26-501. E.13.
Section 18. Section 26-1111.B of the Wheat Ridge Code of Laws, which
contains the permitted use table for mixed use zones, is hereby revised as follows:
Permitted Uses
Use Group MU-C MU-C Interstate MU-C TOD MU-N
…
Commercial Services and Retail
Electric Vehicle Charging Station (EVCS), Retail P P P P
Ancillary Uses
Electric Vehicle Charging Station (EVCS) P P P P
Section 19. Section 26-1111.D of the Wheat Ridge Code of Laws, which
regulates separation requirements for motor fueling stations, is hereby revised as
follows:
D. Separation requirements for motor fueling stations. Where motor fueling stations are permitted in the permitted use table (section 26-1111. B.), the following separation requirements shall apply. These separation requirements shall not apply in
the MU-C interstate sub-district and shall not apply to any mixed-use development that
has an approved concept plan (per section 26-1116)., and shall not apply to Retail EVCS facilities.
Section 20. 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.
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Section 21. Effective Date. This Ordinance shall take effect on March 1, 2024, 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 12th day of February 2024, 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 February 26, 2024 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by
a vote of ___ to ___, this 26th day of February 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: February 13, 2024 Second Publication: February 27, 2024 Effective Date: March 1, 2024 Jeffco Transcript and www.ci.wheatridge.co.us
ATTACHMENT 2
General Information About EV Charging
What are the different levels of EV chargers, and how much to they typically cost to install?
Type1 Description Typical cost*
Level 1 Level 1 equipment provides charging through a common
residential 120-volt (120V) AC outlet. Level 1 chargers
can take 40-50+ hours to charge a BEV (Battery Electric
Vehicle) to 80 percent from empty and 5-6 hours for a
PHEV (Plug-in Hybrid Electric Vehicle). Best used for
home or workplace charging.
No cost to use the
convenience cord
provided with most EVs
that plugs into a regular
outlet.
Level 2 Level 2 equipment offers higher-rate AC charging through
240V (in residential applications - like a dryer plug) or
208V (in commercial applications) electrical service.
Level 2 chargers can charge a BEV to 80 percent from
empty in 4-10 hours and a PHEV in 1-2 hours. Best used
for home, workplace, and some public charging (e.g. at
hotels).
Home charger: $500-
$2,000 (charger plus
wiring, installation - low
end is if a 240V outlet is
already available.)
Public charger: $3,000-
$10,000
Level 3 (DC
Fast)
Direct current fast charging (DCFC) equipment offers
rapid charging along heavy-traffic corridors at installed
stations. DCFC equipment can charge a BEV to 80 percent
in just 20 minutes to 1 hour. Best used for road trips,
charging for Uber/Lyft drivers, etc.
$40,000-$100,000
What is the cost difference in upfront installation vs. retrofitting?
Installing an EV charger or EV-ready infrastructure during initial construction is siginificantly more cost-
effective than retrofitting. Retrofitting can requrie the demolition and repair of existing structures,
longer conduit runs, and upgrading electric panels, which may add considerable costs. A case study by
the Pacific Northwest Laboratory found that the cost of retrofitting EV-ready spaces was around four
times higher than installing during initial construction.
1 Images from Plug-in Electric Vehicle Charging: The Basics | US EPA
ATTACHMENT 3
What level of chargers are required to meet state requirements?
The state code requires electrical capacity be installed for Level 2 chargers, though allows some spaces
to be substituted by DC fast charging if the property owner wishes. More details can be found here:
Energy Code Board.
Are there accessibility requirements that must be met when installing EV charging stations?
There are currently no state or federal requirements, though some programs like the state Charge
Ahead program require that 5% of all grant funded charging ports, but no less than one parking space,
incorporate accessible design features in order to receive funding. Such stations should be designed for
accessibility but reserved for “EV Parking Only.” Requirements for accessible design features are
established by the U.S. Access Board.
Are there regulations about parking in an EV spot and not charging?
Local governments or other parking lot owners are allowed to sign and enforce rules about parking in EV
spaces, which can include limiting use of a parking space to EVs that are actively charging.2 This is
considered a best practice to ensure that chargers are available to EV drivers who need them, and to
incentivize EV drivers who have finished charging to move their vehicles.
How will the grid handle everyone charging at their house?
The EV transition will happen over several years, and Xcel is planning for EV adoption through their
regular resource planning, which is carefully regulated by the state Public Utilities Commission. The state
recently extended its Colorado Clean Cars Standard, which means that manufacturers will be required to
ramp up EV sales to 82% by 2032. This rule will help provide clarity to utilities around the state planning
for the EV transition.
Because charging at home can be done anytime the vehicle is at home, in the future, expect to see
various programs that will encourage charging during times that are best for the grid. Xcel is running
pilot programs to determine customer interest and grid impacts when charging is shifted to off-peak
use, and already offers customers a $50 bill credit who shift their charging to off-peak times.
What are the economic benefits of having public chargers in your city?
Xcel Energy collects a 3% franchise fee for the City of Wheat Ridge for all energy used behind a meter,
and this would include EV charging.
In addition to the benefits of additional franchise fee revenue, drivers typically have about a 30-minute
wait or more while they charge, providing them time to get a meal or shop locally. Locating public
chargers within Wheat Ridge’s commercial areas should be an important strategy for boosting foot
traffic for local restaurants and other businesses. In recent years, the Target on Kipling EV chargers have
been some of the busiest in the state’s network – imagine if some of those waiting drivers were instead
on 38th Ave or 44th Ave corridors patronizing restaurants and small businesses.
2 Electric Motor Vehicle Charging Station Parking | Colorado General Assembly
How Does Commercial and Multi-Unit EV Charging Work?
Commercial EV Charging
What are the various business models?
There are different ways that public EV charging can earn revenue to cover their costs, for example
through charging fees or advertising on the chargers. Since it is still early in the EV market transition
(currently at about 17% market share), chargers often don’t generate enough income to cover their
costs so the state, utilities, and federal government are offering incentives to support the installation of
EV chargers. However, countries with higher EV adoption rates have seen EV charging become a viable
commercial business over time, and some companies are already voluntarily installing EV chargers (e.g.
the 7-Eleven on Wadsworth). Private businesses often see other benefits to offering charging as drivers
often spend money at nearby establishments while charging.
How are customers charged?
Customers typically pay with a credit card, either directly at the charger or a phone app linked to the
charging company. Commercial DC fast chargers often charge by kWh, though some charge by the
minute, and Level 2 chargers may offer a fixed rate. Home charging is typically cheapest unless charging
is subsidized elsewhere. Businesses or governments may choose to provide free or discounted rates to
attract visitors. This winter, home charging costs about $0.12 per kWh off-peak (7pm – 1pm) and $0.19
during peak hours (3pm – 7pm). The DC fast charger at the Target on Kipling charges $0.45 per kWh. The
City Hall and Rec Center level 2 chargers cost $1.00 per hour, roughly $0.16 per kWh.
Who owns the chargers?
It varies. Public Level 2 chargers are typically owned by local governments (like the Rec Center and City
Hall chargers), private businesses, or an EV charging company. Public DC fast chargers (Level 3) are
typically owned by the EV charging company; since these stations are more costly and complex to
operate, it is often better for the charging companies to operate them to ensure reliability.
How are EV chargers metered by the utility?
It varies. Some EV chargers may be on the same meter as the existing site, and sometimes the utility will
install a separate meter or submeter.
Multi-Unit Residential EV Charging
Most (80% or more) of EV charging occurs at home, and it is very important to ensure access to EV
charging for all residents whether they live single-unit or multi-unit housing. A 2022 survey from the
National Multifamily Housing Council found that renters see chargers as an important amenity and are
sometimes willing to pay more for them.
How does on-site charging work?
This depends on whether parking is assigned or shared. Chargers in assigned parking can provide
exclusive access to a resident who needs a charger and can result in simpler billing. However, with
longer range EVs becoming the norm, most people only need to charge about once per week, so sharing
chargers where feasible can be cost effective. Shared charging requires landlords to establish policies for
use, pricing, and billing. More information about EV charging for multi-unit residents can be found here.
What are the costs to residents for charging?
Landlords can take a variety of approaches to charging for EV charging. The simplest, which may make
sense for some smaller buildings, is to use non-networked chargers (which are cheaper but do not
provide real-time usage data), and to either charge a flat fee to residents who wish to use the chargers,
or just include it as an amenity. Otherwise, landlords will want to invest in networked chargers that can
handle payments and monitor usage.
Can the landlord profit from having a charger?
It would be up to the landlord or HOA to determine the charging rate structure and they would program
those rates in coordination with the charging station vendor.
What if a landlord doesn’t want to install a charger for their residents?
For residents of buildings whose landlords haven’t or don’t want to install charging, they may be able to
charge using regular 120 outlets (Level 1) available near parking if possible. Additionally, according to
state law, a tenant may install Level 1 or Level 2 EV charging station at their own expense on or in leased
premises, with applicable building permit(s) obtained from the city. Common interest communities must
also provide residents with an opportunity to charge EVs and may not create restrictions around EV
charging stations. (Colorado Revised Statutes 38-12-601 and 38-33.3-106.8)
How are EV chargers metered?
Similar to public commercial charging, it varies. Some EV chargers may be on the same meter as the
existing site, or the utility may install a separate meter or submeter.
EV Charger Installation Incentives Available for Individuals, Businesses, and
Multi-Unit Housing
There are several incentives available the residents and businesses that may help offset the cost of EV
charger installation.
State Incentives:
• Charge Ahead Colorado: This program funds community Level 2 and DC fast charging stations.
The program offers additional funding for local government and other community applicants in
locations considered disproportionately impacted, as well as for affordable housing properties.
• DCFC Plazas: This program is designed to fund larger banks of DC fast chargers, and the primary
applicants are typically EV charging providers. These stations are more complex to develop,
operate and maintain, and so it usually makes sense for an EV charging company to apply.
However, the city can actively seek to partner with providers to provide land to site chargers, or
work to find local private site hosts: DCFC Plazas Program Partnering List.
• Fleet Zero-Emission Resource Opportunity (Fleet-ZERO): This program is designed to fund
charging for EV fleet vehicles, from light-duty passenger vehicles to medium- and heavy-duty
trucks.
Xcel Energy Incentives:
• Income-qualified residential customers are eligible for rebates of $3,000 - $5,500 towards the
lease or purchase of pre-owned and new EVs.
• Residential customers may be eligible for a rebate for between $500-$2500 on home wiring
costs related to installing a Level 2 charger.
• For community charging hubs, up to $8,800 for four Level 2 chargers, and up to $31,200 per DC
fast charger.
• For multi-unit charging, up to $8,500 per port for Level 2 chargers installed.
• For fleet charging, up to $2,200 per port for Level 2 chargers and up to $45,000 for DCFC. (see
more for other business and multi-unit details here).
• For small businesses, up to $2500 per port for infrastructure required for charger installation for
up to three ports.
• Updates to programs and incentives can be expected when Xcel Energy’s new Transportation
Electrification Plan is approved.
Federal Tax Credit:
• For individual/residential uses, the tax credit covers 30% (up to $1,000 per unit) of the cost of
the equipment. For commercial uses, the tax credit covers 6% (up to $100,000 per unit) of the
cost of the equipment. More information: 2022 EV Tax Credits from Inflation Reduction Act -
Plug In America.
• Additional rebates through Xcel and the federal government are available for areas designated
Income-qualified and higher emissions. Wheat Ridge has locations that meet these criteria.
EV Adoption Trends
EV adoption has grown rapidly over the past few years, nearly tripling between 2019 and 2022 (CO EV
Plan). In the 3rd quarter of 2023, EV sales in Colorado reached over 17% of new vehicles, making
Colorado 5th in the nation. In 2023, Colorado was also named 3rd in the nation for most supportive
policy environment for EVs by the American Council for an Energy Efficient Economy.
The state’s EV Plan outlines the holistic approach to supporting this transition to EVs, which combines
incentives, charging investments, workforce development initiatives, as well as regulations and policy. In
October of 2023, the Colorado Air Quality Control Commission adopted an extension of the state’s Clean
Car Standard, which will require auto manufacturers to increase EV sales to 82% of new vehicles by
2032. Thus far, EV adoption in the state has been above the regulatory backstop established by the
AQCC in 2019 when the first Clean Car Standard was adopted, and the state intends to continue a
holistic approach to support a successful EV transition. Part of this includes supporting local jurisdictions
to adopt the new minimum state codes; as EV sales increase over the next few years, minimum charging
infrastructure may need to be revisited.
Nationally, there are over 4 million EVs registered, and EV adoption continues to increase. In 2023, over
1.4 million EVs were sold, marking a 50% increase from the previous year. EV adoption rates are
projected to continue increasing, in large part due to declining costs for EV parts, and federal and state
policy to incentivize adoption and the installation of EV charging infrastructure. The U.S. Energy
Information Administration predicts that EVs could account for up to 29% of U.S. light-duty vehicle sales
by 2050, and estimates that between 11% and 26% of on-road light-duty vehicles will be electric by
2050.
Your signature here
ITEM NO: 4
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND
COMMISSIONS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ Deputy City Manager City Manager ISSUE: As of March 2, 2024, the terms of twenty-one current Board and Commissions members of the
City of Wheat Ridge will expire. Additionally, there are two existing vacancies to fill which
include seats on the Cultural Commission and Liquor Licensing Authority, and one position being added to the Board of Adjustment per the new Board and Commission rules going into effect March 1, 2024. These 24 positions in total are to be filled or reappointed.
Additionally, the Parks and Recreation and Planning Commissions have two members from
specific districts whose terms expire in the same year. Term expirations should be staggered.
This is caused by an error years ago when appointments were made. Staff recommends Council take this opportunity to stagger the term dates as further described below.
PRIOR ACTION: Members of City Council appoint members to boards and commissions annually and as needed
throughout the year when vacancies are filled.
FINANCIAL IMPACT: None BACKGROUND:
General Appointments
Each year, the city advertises for residents who might be interested in volunteering on one of the Boards or Commissions. This year, positions were advertised in the Jeffco Transcript and
Council Action Form – Board and Commission Appointments February 26, 2024
Page 2
through a multi-week promotional campaign including the City’s website, social media, email newsletters and direct email to graduates of Wheat Ridge 101 and 102. Simultaneously, letters
were emailed to current Boards and Commissions members whose terms expire on March 2,
2024, asking if they were interested in seeking reappointment. Term Date Corrections As mentioned above, the Parks and Recreation and Planning Commissions have two members
from specific districts whose terms expire in the same year. Rather than take time away from a
current member, staff recommends Council extend the term of a specific member in District III of the Planning Commission to end on March 2, 2026, and one specific member in each Districts III and IV of the Parks and Recreation Commission to end on March 2, 2027.
RECOMMENDATIONS:
See Attachment 2, Boards and Commissions Openings by District, for a general overview of
current positions and applicants that are up for appointment or reappointment. Take this opportunity to offset term dates on the Planning and Parks and Recreation Commissions. RECOMMENDED MOTIONS:
“I move to appoint__________________ to the ____________________ Board/Commission,
term to expire____________________.” And,
(District III) “I move to extend the appointment of Patrick Quinn on the Planning Commission to
end on March 2, 2026 and Mark Doody on the Parks and Recreation Commission to end on March 2, 2027.” And,
(District IV) “I move to extend the appointment of Andrew Rasmussen on the Parks and Recreation Commission to end on March 2, 2027.” Or,
“I move to postpone appointments to the Boards/Commissions indefinitely, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY:
Rhiannon Curry, Executive Assistant
Margy Greer, Senior Deputy City Clerk Allison Scheck, Deputy City Manager Patrick Goff, City Manager
ATTACHMENTS:
1. 2024 Boards and Commissions Application Packet
2024 Boards and Commissions Appointment Applicant Summary
Board of Adjustment - Please select one board member from District I, III and IV and one new At-Large member.
Appointed by Last Name First Name District Notes Application Hyperlink
Council Holub Krista I New Applicant kholub@gmail.com
Council Griffeth Michael III Reinstatement mikegriffeth@hotmail.com
Council Burney Thomas IV Current BOA Member thomas.burney@gmail.com
Mayor At-Large New Position with 3.2.24 Ord Changes
Building Code Advisory Board - Please select one board member from District III and one from District IV. Please note, Council may choose a member outside of the District.
Last Name First Name District Notes Application Hyperlink
Council Holub Krista I New Applicant/Ho open spot in DI spot kholub@gmail.com
Council Powell Bill II New Applicant/No open D II spot x10thaircav@yahoo.com
Council Abo Ronald III Reinstatement ron@theabogroup.com
Council Slocum Justin III New Applicant jj0690@gmail.com
Council IV
Last Name First Name District Notes Application Hyperlink
Council Daly Celia I Reinstatement celia.c.daly@gmail.com
Council Richards Jeffrey I New Applicant jefffromwr@gmail.com
Council Kelley Brendan I Reinstatement/Lives in Dist I/Holds Dist IV brendanjoelkelley@gmail.com
Council Kelley Beth II Reinstatement emailbethkelley@gmail.com
Council Davis Sandra III Reinstatement sdavis@adsnart.com
Mayor At-Large
Election Commission - Please select two At-Large Members.
Last Name First Name District Notes Application Hyperlink
Mayor Sang Wanda At-Large Reinstatement sangwl@comcast.net
Mayor Forsyth Chris At-Large/DI New Applicant DI forsythmusic@hotmail.com
Mayor Richards Jeffrey At-Large/DI New Applicant/DI jefffromwr@gmail.com
Mayor Rodriguez Amanda At-Large/DI New Applicant DI skiergirl2003@gmail.com
Mayor Slocum Justin At-Large/DIII New Applicant/DIII jj0690@gmail.com
Mayor Vratil Jean At-Large/DIII New Applicant/DIII jlv.home@comcast.net
Mayor White Elisa At-Large/DII New Applicant/DII edwdallas@yahoo.com
Liquor Licensing Authority Board - Please consider selecting one candidate to fill one District I seat, two District II seats, one District III seat and one District IV seat.
Last Name First Name District Notes Application Hyperlink
Council I
Council Stites Juanita II Reinstatement juanitastites@comcast.net
Council II position resigned on 1.21.24 - including here
Council Volk Edward III Reinstatement edwvolk@icloud.com
Council Koniz Stan III New Applicant sbkoniz@comcast.net
Council Vratil Jean III New Applicant jlv.home@comcast.net
Council IV
Cultural Commission - Please select one commission member to fill a seat in each District, and one At-Large member. Please note Council may choose a member outside of the District if an in-district
member is unavailable.
Parks and Recreation Commission - Please select one commissioner from Districts I and II.
Last Name First Name District Notes Application Hyperlink
Council Rollo Cambria I Reinstatement cambria.rollo@gmail.com
Council Forsyth Chris I New Applicant forsythmusic@hotmail.com
Council Holub Krista I New Applicant kholub@gmail.com
Council Stahl Bill I New Applicant silly_billy@msn.com
Council Huyler Nathan II New Applicant natehuyler@gmail.com
Council Weisbrodt Kathy II New Applicant kweisbrodt@gmail.com
Council Slocum Justin III New Applicant jj0690@gmail.com
Councl Quinones Syrma III New Applicant/Has DIV on app lives in DIII syrmaq@gmail.com
Council Moore Rob IV New Applicant/No open D IV Spot r86mster@gmail.com
Planning Commission - Please select one commissioner from District I and one commissioner from District IV.
Last Name First Name District Notes Application Hyperlink
Council DiTullio Jerry I Reinstatement jdt01@comcast.net
Council Forsyth Chris I New Applicant forsythmusic@hotmail.com
Council Holub Krista I New Applicant kholub@gmail.com
Council White Elisa II New Applicant/No open D II Spot edwdallas@yahoo.com
Council Huyler Nathan II New Applicant/No open D II Spot natehuyler@gmail.com
Council Slocum Justin III New Applicant/No open D III Spot jj0690@gmail.com
Council Bergman Nick IV New Applicant nickjbergman@gmail.com
Council Burney Thomas IV New Applicant thomas.burney@gmail.com
Council Mathews Carol IV New Applicant carolannemathews@gmail.com
Council Quinones Syrma IV New Applicant/Has DIV on app lives in DIII syrmaq@gmail.com
Council Moore Rob IV New Applicant r86mster@gmail.com
Renewal Wheat Ridge - Please select one commissioner from District I and one commissioner from District III.
Last Name First Name District Notes Application Hyperlink
Council Tanner Celeste I Reinstatement celeste.e.tanner@gmail.com
Council Holub Krista I New Applicant kholub@gmail.com
Council Rodriguez Amanda I New Applicant skiergirl2003@gmail.com
Council White Elisa II New Applicant/No open D II Spot edwdallas@yahoo.com
Council Disney Kristine II New Applicant/Also on PC kristinedisney74@gmail.com
Council Koniz Stan III New Applicant sbkoniz@comcast.net
Council Hughes Marcia III Reinstatement mhughes@glory27.com
Council Mathews Carol IV New Applicant/No open D IV Spot carolannemathews@gmail.com
Council Moore Rob IV New Applicant/No open D IV Spot r86mster@gmail.com
ATTACHMENT 1
Motions For 2024 Board and Commission Appointments
Board Of Adjustment
Election Commission
At-Large, Term ending 03/02/2026
At-Large, Term ending 03/02/2026
District I, Term ending 03/02/2027
District III, Term ending 03/02/27
District IV, Term ending 03/02/27
District I, Term ending 03/02/2027
District II, Term ending 03/02/2027
District III, Term ending 03/02/2027
District IV, Term ending 03/02/2027
At-Large, Term ending 03/02/2027
Cultural Commission
Liquor Licensing Authority
District I, Term ending 03/02/27
District II, Term ending 03/02/25
District II, Term ending 03/02/27
District III, Term ending 03/02/27
District IV, Term ending 03/02/27
Building Code Advisory Board
At-Large, Term Ending 03/02/2027
District IV, Term Ending 03/02/2027
District III, Term Ending 03/02/2027
Page 2 of 2
District I, Term ending 03/02/2027
District IV, Term ending 03/02/2027
Renewal Wheat Ridge
District I, Term ending 03/02/2027
District III, Term ending 03/02/2027
Motions For 2024 Board and Commission Appointments
Parks and Recreation Commission
Planning Commission
District I, Term ending 03/02/2027
District II, Term ending 03/02/2027
Motions For 2024 Board and Commission Appointments by District
District III
District II
District I
Board of Adjustment, Term ending 03/02/2027
Cultural Commission, Term Ending 03/02/2027
Liquor Licensing Authority, Term Ending 03/02/2027
Parks and Recreation, Term Ending 03/02/2027
Planning Commission, Term Ending 03/02/2027
Renewal Wheat Ridge, Term Ending 03/02/2027
Parks and Recreation, Term Ending 03/02/2027
Liquor Licensing Authority, Term Ending 03/02/2027
Liquor Licensing Authority, Term Ending 03/02/2025
Cultural Commission, Term Ending 03/02/2027
Board of Adjustment, Term Ending 03/02/2027
Building Code Advisory Board, Term Ending 03/02/2027
Cultural Commission, Term Ending 03/02/2027
Liquor Licensing Authority, Term Ending 03/02/2027
Renewal Wheat Ridge, Term Ending 03/02/2027
District IV Board of Adjustment, Term Ending 03/02/2027
Building Code Advisory, Term Ending 03/02/2027
Cultural Commission, Term Ending 03/02/2027
Liquor Licensing Authority, Term Ending 03/02/2027
Planning Commission, Term Ending 03/02/2027
Page 2 of 2
Motions For 2024 Board and Commission Appointments by District
AT-Large Appointments
Board of Adjustment, Term Ending 03/02/27
Election Commission, Term Ending 03/02/26
Election Commission, Term Ending 03/02/26
Cultural Commission, Term Ending 03/02/27
BOARDS, COMMISSIONS, COMMITTEES
CITY OF WHEAT RIDGE
UPDATED February 6, 2023
BOARDS AND COMMISSIONS AUTHORIZED BY SECTION 2-15 THROUGH 2-26 OF THE CODE OF LAWS OF
THE CITY OF WHEAT RIDGE
BOARD OF ADJUSTMENT – Liaison; Lauren Mikulak
Meets 4th Thursday, 7:00 p.m.
03/02/25 Betty Jo Page I 6185 W. 29th Ave 80214 303-232-9105
03/02/24 Dan Bradford I 6900 W. 29th Ave 80033 303-238-3351
03/02/26 Larry Richmond II 4455 Carr St 80033 303-423-8245
03/02/25 Thomas Burney II 3880 Garrison St 80033 317-260-0735
03/02/26 Laura Sicard III 3685 Miller St 80033 303-475-4937
03/02/24 Michael Griffeth III 8833 W. 32nd Pl 80033 303-237-4346
03/02/26 Paul M. Hovland IV 4090 Everett St 80033 303-456-9033
03/02/24 Jesse Pearlman IV 4200 Hoyt Ct 80033 720-333-1538
ALTERNATES
03/02/26 Andy Sulak AL 4320 Newcombe St 80033 925-270-8897
03/02/25 Andre Amoor AL 7880 W. 43rd Cr 80033 562-673-2254
03/02/25 Alastair Huber AL 3125 Reed St 80033 720-839-6142
BUILDING CODE ADVISORY BOARD - Liaison; Renee Meriaux
Meets 2nd Wednesday, 9:00 a.m. as needed.
03/02/26 Al Gallo I 6685 W. 30th Ave 80033 720-621-3006
03/02/25 Jason McCollough II 7995 W. 47th Ave 80033 303-249-9783
03/02/24 Ronald Abo III 45 Hillside Dr 80215 303-202-3537
03/02/24 John Kellow IV 4740 Parfet St 80033 303-525-4663
03/02/26 Nathan Hoppe AL 7000 W. 35th Ave 80033 720-339-7213
CULTURAL COMMISSION – Liaison; Susan Anderson
Meets the 2nd Wednesday of every month at 6:00 p.m.
03/02/24 Celia Daly I 3501 Sheridan Blvd 80212 404-409-2118
03/02/26 Kathleen Martell I 6455 W. 31st Ave 80214 303-638-4551
03/02/26 -VACANT- II 80034
03/02/24 Beth Kelley II 4250 Balsam St 80033 720-323-9573
03/02/26 Kathy Plummer III 3 Twilight Drive 80215 303-887-4788
03/02/24 Sandra Davis III 3520 Estes St 80033 720-339-7197
03/02/24 Brendan Kelley IV 7240 W. 32nd Ave 80033 808-214-7406
03/02/26 Lindsay Burney IV 3880 Garrison St 80033 765-225-8013
03/02/24 -VACANT- AL 80033
BOARD, COMMISSIONS, COMMITTEES
Page 2 of
ELECTION COMMISSION – City Clerk, Steve Kirkpatrick
Meets as required
12/11/23 Wanda Sang AL 3865 Pierce St 80033 303-431-8390
12/11/23 Sunny Garcia AL 4304 Hoyt St 80033 303-478-1281
HOUSING AUTHORITY – Liaison; Lauren Mikulak
Due to a lack of resources, both funding and staff, the board has been formally dormant
since passing a motion to that effect in February 2018.
Resolution 01-2001: appointed by Mayor-ratified by Council (Five Year Term)
Meets 4th Tuesday 4:00 p.m.
Amanda Weaver CC 7500 W. 29th Ave 80033 303-725-8748
03/02/26 Cheyanne Kinghorn I 7190 W. 33 Ave 80033 615-573-3206
03/02/24 Chad Harr II 7190 W. 48th Ave 80033 303-489-5748
03/02/22 -Vacant- III
03/02/25 Janice Thompson IV 12290 W. 42nd Ave 80033 303-423-6279
LIQUOR LICENSING AUTHORITY – Deputy City Clerk, Robin
Eaton Meets 2nd and 4th Thursday, (as needed) 9:00 a.m.
03/02/24 Brian Rollo I 6761 W. 36th Pl 80033 435-655-1651
03/02/25 Morgan Richards I 3255 Ames St 80212 720-935-3512
03/02/25 -Vacant- II 80033
03/02/24 Juanita Stites II 8080 Melrose Dr 80033 303-423-8360
03/02/25 Anthony Romano III 4091 Field Dr 80033 303-888-1234
03/02/24 Edward Volk III 2 Twilight Dr 80215 612-867-2751
03/02/24 Clarence Fullard IV 2859 Gray St 80214 303-968-5903
03/02/25 Cynthia Shaw IV 4278 Garland St 80033 720-724-4092
PARKS & RECREATION COMMISSION – Parks & Recreation Director, Karen
O’Donnell Meets 3rd Wednesday, 6:30 p.m.
03/02/25 Ralph Habben I 3401 Harlan St 80033 816-225-9660
03/02/24 Cambria Rollo I 6761 W. 36th Pl 80033 385-222-6608
03/02/24 Karen Stanley II 4055 Ammons St 80033 720-855-8808
03/02/26 Christine Samaniuk II 6235 W. 46th Pl 80033 518-469-3913
03/02/26 Mark Doody III 3460 Independence Ct 80033 303-912-6995
03/02/26 Kathy Koniz III 10100 W. 33rd Ave 80033 303-238-3904
03/02/26 Pat Cervera IV 10721 W. 45th Ave 80033 303-422-7592
03/02/26 Andrew Rasmussen IV 4465 Moore Ct 80033 970-403-2665
BOARD, COMMISSIONS, COMMITTEES
Page 3 of
PLANNING COMMISSION – Liaison; Tammy
Odean Meets 1st and 3rd Thursday, 7:00 p.m.,
03/02/24 Jerry DiTullio I 3250 Newland St 80033 720-253-6785
03/02/25 Jonathan Schelke I 2902 Eaton St 80214 517-648-5366
03/02/26 Kristine Disney II 3940 Balsam St 80033 303-909-6036
03/02/25 Daniel Graeve II 4040 Jay St 80033 720-380-1433
03/02/25 Patrick Quinn III 3995 Moore St 80033 303-594-4556
03/02/25 Will Kerns III 8525 W. 32nd Ave 80033 303-815-4264
03/02/24 Janet Leo IV 9815 W. 41st Ave 80033 303-829-2090
03/02/26 Michael Moore IV 4570 Quay Street 80033 303-726-0601
RENEWAL WHEAT RIDGE – Economic Development; Steve Art
Ordinance 709-appointed by Mayor-ratified by Council (Five Year Term)
Meets the 1st and 3rd Tuesday, 6:00 p.m. and/or as needed.
03/02/24 Celeste Tanner I 6985 W. 26th Ave 80033 303-573-6500
03/02/25 Julia Stern II 7630 W. 48th Ave 80033 973-476-2470
03/02/24 Marcia Hughes III 3240 Zephyr Ct 80033 303-888-8797
03/02/26 Chris Bird IV 4931 Garrison St 80033 303-825-8117
03/02/28 Shane Nicholson AL 3833 Allison Cr 80033 303-291-1105
03/02/28 Walt Pettit AL 3930 Eaton St 80212 303-425-4124
Janeece Hoppe AL City Council 80033 720-838 5580
ACTIVE ADULT CENTER ADVISORY COMMITTEE–AACAC
Supervisor, Michelle Richardson (Appointed by Mayor) Meets
second Monday of every other month at 9:00 a.m.
12/31/22 CH**-Vacant- I
12/31/21 Carmon Slater, Vice CH III 4020 Miller Wy 80033 303-921-4508
12/31/24 Colleen Osborn,
Secretary I 3058 Benton St 80214 303-238-4250
12/31/24 Catherine Chuey AL 2030 Willow Ln 80215 303-239-8852
12/31/23 Jeanette Luxner I 6500 W. 32nd Ave 80033 303-232-4701
12/31/25 Betty Jo Page I 6185 W. 29th Ave 80033 303-232-9105
12/31/24 Penny McKenzie II 4585 Benton St 80214 303-425-9336
12/31/24 Susan Keller I 3540 Fenton St 80212 419-563-5900
12/31/24 -Vacant- II
ITEM NO: 5
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 08-2024 – A RESOLUTION ADOPTING
BYLAWS OF SEVERAL OF THE CITY’S PUBLIC BODIES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING
RESOLUTIONS
QUASI-JUDICIAL: YES NO
City Manager ISSUE:
The City Council has adopted Boards and Commissions Code amendments which come into
effect on March 1, 2024. As a result, each of the City’s public bodies have approved bylaws that conform to the code amendments and make general improvements. These bylaws can only be adopted by resolution of the City Council.
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. At the October 2, 2023, Study Session, Council reached consensus to apply many of the Boards and Commissions Code amendments to the City’s uncodified special committees. Subsequently, the Council adopted Ordinance No. 1777 on October 9, 2023, which codified amendments to the Boards and Commissions Code.
Additionally, Council passed Ordinance No. 1785 on January 8, 2024, extending Boards and
Commissions Code amendments to the Liquor Licensing Authority.
The Boards and Commissions Code amendments take effect on March 1, 2024. FINANCIAL IMPACT:
None.
Council Action Form –Bylaws of Citys Public Bodies February 26, 2024
Page 2
BACKGROUND: The City Council recently updated the Boards and Commissions Code, leading to conflicts
between existing bylaws of the City’s public bodies and the revised code. To address this, city
staff worked closely with each public body to ensure their bylaws aligned with the new code and were further adjusted to align their appearance, functionality, and operational procedures. This alignment will create consistency across the City’s public bodies, simplifying administration, reducing the learning for members serving on multiple public bodies, and enhancing
transparency and accountability. General improvements were also made to the bylaws following
thorough reviews by each staff liaison and each respective public body, all of which approved their amended bylaws.
However, some concerns were raised by certain public bodies during the process. Notably, the Planning Commission expressed some concern regarding the imposition of term limits.
Furthermore, the Parks and Recreation Commission and the Cultural Commission expressed
apprehension regarding a clause within the Boards and Commissions Code requiring them to elect a new chair annually. Although this clause existed before the recent code amendments, it had not been consistently enforced in the past. Going forward, staff intends to consistently uphold this requirement as long as it remains required by the code.
Staff will monitor this and any other requests or concerns from the City’s public bodies and may
return to the Council to make additional improvements in the future.
RECOMMENDATIONS: Staff recommends that the Council adopt this resolution to adopt the bylaws of several of the City’s public bodies.
RECOMMENDED MOTION: “I move to approve Resolution No. 08-2024, a resolution adopting bylaws of several of the City’s public bodies.”
Or,
“I move to postpone indefinitely Resolution No. 08-2024, a resolution adopting bylaws of several of the City’s public bodies, for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY:
Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 08-2024 2. Amended Board of Adjustment Bylaws 3. Amended Cultural Committee Bylaws 4. Amended IDEA Committee Bylaws
5. Amended Liquor Licensing Authority Bylaws
Council Action Form –Bylaws of Citys Public Bodies February 26, 2024
Page 3
6. Amended Parks and Recreation Commission Bylaws 7. Amended Planning Commission Bylaws
8. Amended Sustainable Wheat Ridge Bylaws
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 08
Series of 2024
TITLE: A RESOLUTION ADOPTING BYLAWS OF SEVERAL OF THE
CITY’S PUBLIC BODIES
WHEREAS, the City of Wheat Ridge has several boards, commissions,
authorities, and uncodified special committees; and
WHEREAS, the effectiveness of each of these municipal bodies is essential to
the success of the City; and
WHEREAS, in response to an unprecedented interest in serving on its municipal
bodies, Council directed staff to review the Boards and Commissions Code to identify
possible improvements; and
WHEREAS, the Council held a Study Session on August 7, 2023, focusing on
how to amend the Boards and Commissions Code and improve the effectiveness of the
City’s municipal bodies; and
WHEREAS, at the October 2, 2023, Study Session, Council reached consensus
to adopt a framework regulating the City’s uncodified special committees; and
WHEREAS, at the October 2, 2023, Study Session, Council reached consensus
that Sustainable Wheat Ridge and the newly created Inclusion, Diversity, Equity, and
Accessibility (IDEA) Committee would be hybrid committees subject to many of the
same rules as the City’s Boards and Commissions; and
WHEREAS, the Council adopted Ordinance No. 1777 on October 9, 2023,
amending the Boards and Commissions Code to codify the consensus established
during the August 7, 2023, Study Session; and
WHEREAS, the Council adopted Ordinance No. 1785 on January 8, 2024,
extending Boards and Commissions Code amendments to the Liquor Licensing
Authority; and
ATTACHMENT 1
WHEREAS, in response to Council’s consensus at the October 2, 2023, Study
Session, the adoption of Ordinance No. 1777, and the adoption of Ordinance No. 1785,
the following municipal bodies have passed amended bylaws:
• Board of Adjustment
• Cultural Commission
• Liquor Licensing Authority
• Parks and Recreation Commission
• Planning Commission
• Sustainable Wheat Ridge
WHEREAS, the Council also desires to adopt bylaws for the establishment of the
Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee; and
WHEREAS, the City Council must adopt these bylaws through a resolution for
them to take effect.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. The bylaws of the Board of Adjustment, Cultural Commission, IDEA
Committee, Liquor Licensing Authority, Parks and Recreation
Commission, Planning Commission, and Sustainable Wheat Ridge,
attached hereto as Exhibit A, are hereby approved.
Section 2. These bylaws shall become effective immediately.
DONE AND RESOLVED this 26th day of February 2024.
ATTEST:
Steve Kirkpatrick, City Clerk
Bud Starker, Mayor
WHEAT RIDGE BOARD OF ADJUSTMENT BYLAWS
ATTACHMENT 2 −1−
ARTICLE I: MEETINGS 1. The date and time of regular hearings before the Board of Adjustment shall be determined by a simple majority vote of the board with final approval from the Staff
Liaison. Meetings must not conflict with meetings of the Planning Commission.
2. Special meetings and/or hearings shall be held at the call of the Chair and at such other times that the Board shall determine with final approval from the Staff Liaison.
3. All hearings shall be open to the public. Hearing notices shall be as provided in Section
26-109 of the City of Wheat Ridge Code of Laws. 4. A quorum of the Board of Adjustment shall consist of five (5) members.
5. Board members shall be automatically removed from their position for violating the
unexcused absences policy described in Sec. 2-53 of the Wheat Ridge Municipal Code. 6. The Pledge of Allegiance shall be included in all Board of Adjustment agendas and recited at the beginning of all Board of Adjustment meetings.
7. The Board shall keep minutes of its proceedings, showing the vote of each member on every case or if absent or failing to vote, indicating such fact, and it shall also keep records of such proceedings and other official actions, and such records shall be filed in the office of the Board.
8. The Board shall hear a request for relief from the requirements of the Zoning and Development Code by any person aggrieved by such requirements as provided in Chapter 26 of the City of Wheat Ridge Code of Laws.
ARTICLE II: CASES BEFORE THE BOARD
1. Every request for relief shall be made to the Board in the name of the owner or owners of the affected property or their designee and shall include the data required in the applicable form so as to supply all the information (including such plans or plats as may
be necessary) required for a clear understanding of the case by the Board.
2. No communication purporting to be a request for relief shall be regarded as such until it is made in the form required (including all required documentation).
3. The property owner is required to be present at the public hearing. The property owner
may be represented by an attorney or designated agent. When the property is held in ownership by multiple parties, one property owner may represent the interests of the remaining owners, provided that written approval has been submitted to the Community.
WHEAT RIDGE BOARD OF ADJUSTMENT BYLAWS
ATTACHMENT 2 −2−
4. Development Department and placed in the case file. 5. The applicant shall prove their case by presenting evidence in accordance with the provisions of Chapter 26.
6. The Board shall not hold hearings on requests which have been denied within the previous twelve (12) calendar months, unless in conformance with Article V, Section 4 of these bylaws.
ARTICLE III: THE CALENDAR
1. Each case filed in the proper form, with the required data, shall be numbered serially and shall be placed on the secretary's calendar. The case numbers shall begin anew on January 1st of each year and shall be numbered to reflect the year and type of case.
2. As soon as the case is put on the calendar, the applicant shall be notified to appear on the date when the case will be heard. ARTICLE IV: PUBLIC HEARING PROCEDURES
1. At the time of public hearing, the Community Development Department shall present the case stating recommendations, the applicant shall state his or her case, then any person in favor or opposed to the request shall be heard and the applicant shall be given the opportunity to reply. Each side shall be given an opportunity to summarize its case. At
the conclusion of all the evidence, the Board shall declare the public hearing closed. The
Board of Adjustment will base its decision based upon the variance criteria located in Chapter 26 of the Wheat Ridge Code of Laws. ARTICLE V: DISPOSITION OF CASES
1. Every decision of the Board on any case shall be by resolution indicating the reasons of the Board, therefore. Resolutions shall specify type of action requested, amount of relief granted for what purpose and any stipulations or conditions.
2. The Board shall act on every request for relief to either approve, deny, approve with
modifications, or continue the hearing. A concurring vote based on the adjusted majority table described in Sec. 2-53 of the Municipal Code shall be necessary to grant any variance, waiver, temporary building or use permit, any interpretation or flood plain special exception permit or any matter requiring decision by the Planning Commission or
the City Council. All other actions shall be taken by majority vote of the members
present. If a resolution or motion fails to receive the required number of votes in favor of the applicant, the action shall be deemed a denial, and a resolution denying the request shall be entered in the record.
WHEAT RIDGE BOARD OF ADJUSTMENT BYLAWS
ATTACHMENT 2 −3−
3. The case may be continued by a vote of simple majority for an indefinite period or for a given period. If the case is continued for an indefinite period, the hearing notification shall be as provided in Section 26-109 of the City of Wheat Ridge Code of Laws. If the
case is continued or tabled for a definite time, no additional notice shall be given.
4. Applicants may request a rehearing in front of the Board. The request for a rehearing must be filed in the office of the City Clerk within thirty (30) days from the date of the original decision on the case. New evidence must be submitted in writing which could
not have been, with due diligence, presented at the previous hearing. At the next regularly
scheduled meeting, the Board shall decide if the new evidence warrants a rehearing upon affirmative vote as specified under Article V, Sec. 1. If the request for a rehearing is granted, the case shall be put on the next available calendar for a rehearing, and parties appearing in the original case shall be notified of the date of rehearing.
5. Only one postponement of a hearing at the request of the applicant is allowed unless approved by the required number of affirmative votes as specified under Article V, Section 2 of the Board. Unless impossible, applicant may be at the scheduled hearing and ask for a postponement in person or notify the Community Development Department
of the request for postponement in advance of the hearing. If the hearing is postponed, the
case will be placed last on the agenda for the next meeting. No renotification of the hearing shall be required; however, the applicant will be required to re-post the property. 6. If an applicant or representative fails to appear for the scheduled hearing, the case must
be continued and shall be placed on the next available meeting of the Board. The item
shall be placed last on the agenda. Renotification of the hearing shall be required. If the applicant fails to appear at the subsequent hearing, then their case shall be automatically denied, and they will not be permitted to refile for another 365 days.
ARTICLE VI: ADOPTION AND SUSPENSION OF RULES
1. Amendments to these Rules of Procedure may be proposed and approved by the Board of Adjustment at any regular meeting upon the affirmative vote of a simple majority of members present. Copies of such amendments shall be filed with the City Attorney and
thereafter forwarded to the City Council for approval. Changes to the bylaws come into
effect upon approval by the City Council or at a time determined by the City Council. 2. When there are instances where the bylaws of the Board of Adjustment contradict the Wheat Ridge Code of Laws, staff is authorized to make administrative amendments to the
bylaws. In such circumstances, staff shall inform the Board of Adjustment of the said
administrative amendments during the next possible public meeting. These administrative amendments shall come into effect immediately.
WHEAT RIDGE BOARD OF ADJUSTMENT BYLAWS
ATTACHMENT 2 −4−
ARTICLE VII: OFFICERS
1. The election of officers shall take place annually at the April meeting or the first meeting thereafter. The officers shall consist of a Chair and Vice-Chair. 2. In the absence of both the Chair and Vice-Chair, the senior member of the Board shall
preside.
3. The Chair, subject to these rules, shall decide all points of order and procedure, unless otherwise directed by a resolution passed by a simple majority of the Board members present.
4. The secretary, who shall not be a member of the Board, shall be provided by the City to record minutes of meetings, assemble documents, duplicate reports, and perform such other clerical duties as the Board shall from time-to-time assign. Such clerical employee shall serve under the immediate supervision of the head of the department assigned to
work with the Board.
REV 2/26/2024
WHEAT RIDGE CULTURAL COMMISSION
BYLAWS
ATTACHMENT 3
ARTICLE I: PURPOSE The mission of the Cultural Commission of the City of Wheat Ridge shall be to promote
culture and the arts that would both directly and indirectly benefit the residents of the
City through cultural enrichment and educational opportunities. The Wheat Ridge Cultural Commission shall advise the Mayor, City Manager, and City Council on matters relating to the promotion of Culture and Arts within the City of Wheat Ridge as outlined in Section 2-55 of the Wheat Ridge Code of Laws.
ARTICLE II: MEETINGS 1. The regular meeting of the Cultural Commission shall be once a month at a time determined by a majority vote of the commission with final approval from the
Staff Liaison.
2. Special meetings may be called by the Chair or two members of the Commission. The Chair will specify the meeting time. Special meetings require final approval from the Staff Liaison.
3. All meetings shall be open to the public. 4. Cancellation of any Cultural Commission meeting is at the discretion of the Commission Chair or by a majority vote of the Commission.
ARTICLE III: MEMBERS 1. The Cultural Commission is composed of nine members. Members to the Commission are appointed by the City Council in accordance with the Code of
Laws for the City of Wheat Ridge, for a three-year term.
2. A quorum of the Cultural Commission shall consist of a majority of appointed members.
3. A simple majority vote of the members present is required for passage of any
motion, except as specified by Roberts Rules of Order, current edition, newly revised. 4. Board members shall be automatically removed from their position for violating
the unexcused absences policy described in Sec. 2-53 of the Wheat Ridge
Municipal Code. 5. The Director of Parks and Recreation or their designee shall be responsible for assembling the agenda for each Cultural Commission meeting. The agenda shall
be distributed by the Friday before the meeting.
WHEAT RIDGE CULTURAL COMMISSION
BYLAWS
ATTACHMENT 3
ARTICLE IV: OFFICERS 1. The election of officers shall be held at the April meeting annually. The officers
shall consist of the Chair and the Vice Chair.
2. A Commission member can nominate only one Commission member for one office at a time. Nominations for Chair and Vice Chair must be separate nominations. Each office shall be voted on separately.
3. All elections will be by written paper ballot. A majority vote of all members of the Commission present shall be required to elect a Chair or Vice Chair. 4. The Chair shall preside over the Cultural Commission meeting. In the absence of
both the Chair and the Vice Chair the senior member of the Cultural Commission
shall be the Chair until the Chair returns or an election of officers is held. 5. The taking of the minutes for the meeting will be provided by the City. The secretary shall record the minutes from each meeting, and perform other clerical
duties as assigned by the Director of Parks and Recreation. ARTICLE V: APPROVAL OF BYLAWS The bylaws can be adopted or amended by a simple majority vote with final approval
from the City of Wheat Ridge Council. Changes to the bylaws come into effect upon
approval by the City Council or at a time determined by the City Council. When there are instances where the bylaws of the Cultural Commission contradict the Wheat Ridge Code of Laws, staff is authorized to make administrative amendments to the
bylaws. In such circumstances, staff shall inform the Cultural Commission of the said
administrative amendments during the next possible public meeting. These administrative amendments shall come into effect immediately. REV 2/26/2024
INCLUSION, DIVERSITY, EQUITY, AND
ACCESSIBILITY (IDEA) COMMITTEE BYLAWS
ATTACHMENT 4
ARICTLE I: NAME
The name of this organization shall be the Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee. The IDEA Committee will be referred to as the “Committee”. ARTICLE II: PURPOSE
1. To advise the City Council on policies and practices to make Wheat Ridge a more inclusive, diverse, equitable, and accessible community. 2. To act as a liaison between the community and the City Council, to bring forward issues
and solutions related to IDEA in the City of Wheat Ridge.
3. Organize events and activities that promote IDEA. 4. Promote IDEA programs to the community.
5. Foster mutual respect and understanding of all persons.
ARTICLE III: MEETINGS 1. The date and time of the regular meetings of the Committee shall be determined by a majority vote of the IDEA Committee with final approval from the Staff Liaison.
2. Sub-committee meetings may be called by the Staff Liaison when the need arises. 3. All meetings shall be open to the public. 4. The attendance of a majority of the members of the Committee shall constitute a quorum
for the transaction of business of the Committee, and a majority vote of a simple majority of the members present shall be required to adopt any motion or make or ratify any decision of the Committee. The staff liaisons will tally the votes. All votes must be public. There shall not be any blind or anonymous votes. 5. The Staff Liaison and Chair shall assemble the agenda for each Committee meeting. The agenda shall be distributed no later than the Monday before the meeting.
6. Cancellation of any Committee meeting is at the discretion of the Committee Chair or City Staff Liaison with final approval from the Staff Liaison.
INCLUSION, DIVERSITY, EQUITY, AND
ACCESSIBILITY (IDEA) COMMITTEE BYLAWS
ATTACHMENT 4
ARTICLE IV: MEMBERSHIP 1. The Committee shall consist of ten (10) members and one (1) non-voting Council Liaison. 2. The Council Liaison shall be appointed by the Mayor for a two (2) year term. The
Council Liaison shall be limited to serving two (2) consecutive two (2) year terms. Once the Council Liaison has become term limited and left the committee, they cannot serve on the committee for another two (2) years. At which time, they would be eligible to serve on the committee again.
3. The Staff Liaison shall create procedures to ensure that terms are staggered. 4. Four (4) of the members shall be selected by the City Council, with the goal of representing each of the four Council Districts. If, after reasonable advertisement, no
applications are received from residents within the relevant council district for a vacancy
on this committee, then the Council may appoint any otherwise qualified applicant. 5. Six (6) of the members shall be nominated by the Staff Liaison and ratified by the City Council with a preference for members that have interest in serving and/or relevant
expertise. Two (2) of the staff-nominated committee members may be non-residents.
6. Members to the Committee shall serve three (3) year terms beginning on March 1st of each year.
7. Members are limited to serving two (2) consecutive terms. Term limited members may be reappointed in the absence of any other qualified applicant. Each additional term that a term-limited member is appointed to shall be at-will, meaning that the member can be replaced by a qualified applicant at any time.
8. Once a member has become term limited and left the committee, they cannot serve on the committee for another three (3) years. At which time they would be eligible to serve on the committee again. 9. For members that are appointed mid-term: Members appointed to serve 50% or more of
the length of a term shall be determined to have served a full term. Members appointed to serve less than 50% of the length of a term shall be determined to not have served a full term. ARTICLE V: MEMBERSHIP REQUIREMENTS
1. Members shall read the agenda and any associated materials prior to the associated meeting. 2. Members are expected to contribute an average of four (4) hours a month toward the
INCLUSION, DIVERSITY, EQUITY, AND
ACCESSIBILITY (IDEA) COMMITTEE BYLAWS
ATTACHMENT 4
work of the committee. Including preparing for and attending meetings, supporting, and organizing events that promote IDEA in the community, and the other duties of the Committee.
3. Members must adhere to the Boards and Commissions Code of Ethics adopted by the City Council. ARTICLE VI: ABSENCES, AUTOMATIC REMOVAL AND TERMINATION
1. Absences are excused due to illness, emergency, or force majeure. Absences are also excused if the member notifies the Chair and Staff Liaison that they will not be able to
attend the meeting, at least seven (7) days in advance of said meeting. 2. All other absences are considered unexcused. 3. Accruing two (2) unexcused absences in a 365-day period will result in the automatic
removal of said member. 4. The committee can, by majority vote of the remaining members, decide to excuse an unexcused absence accrued by an automatically removed member. Thereby, reinstating the automatically removed member to continue their term.
5. Members that wish to leave the Committee before their term is complete shall submit their resignation to the Staff Liaison and Chairs at least 30 days before termination of membership.
6. Membership on the Committee may be terminated by a majority vote of the City Council, during a public hearing, for any of the following reasons: a. At the discretion of the City Council. b. For a violation of the Boards and Commissions Code of Ethics.
c. If membership requirements are not met. Special circumstances will be reviewed by the Staff Liaison and the Chair on a case-by-case basis. The Chair or Staff Liaison will reach out to a member directly to discuss membership concerns as they arise. d. At the request of the Committee’s Chair, for accruing sufficient excused absences
to negatively impact the ability of the committee to operate. 7. Members that are appointed by the City Council to serve in a district represented position must remain a resident of said district during the length of their term. If the member vacates the district, for whatever reason, they must notify the Staff Liaison, at which
point that member shall automatically be removed from the Committee. This does not apply to members serving in district represented positions who were not residents of that district at the time that they were appointed to the position by the City Council.
INCLUSION, DIVERSITY, EQUITY, AND
ACCESSIBILITY (IDEA) COMMITTEE BYLAWS
ATTACHMENT 4
8. If a resident member of the committee becomes a non-resident, they must notify the Staff Liaison. If there are already two non-resident members of the committee, then the member be automatically removed. If the member can remain on the committee as a non-
resident, then they shall continue their term with no changes. ARTICLE VII: OFFICERS 1. Elections
a. Officers shall be elected by the Committee during the first scheduled meeting after April 1st of each year and shall take office immediately. The officers shall be a Chair, Vice-Chair, and Secretary. b. A Committee member can nominate only one Committee member for one
office at a time. Each officer shall be voted on separately. c. A majority vote of all members of the Committee present shall be required to elect an officer.
2. Positions and Duties a. The officers of the Committee shall consist of a Chair, Vice-Chair, and Secretary. b. The term of the Chair and Vice-Chair is two (2) years. The Chair and Vice-Chair
shall be selected on a rotating basis, meaning that a person may not serve as the Chair or Vice-Chair for two consecutive terms. c. The Chair shall provide direction for decision making and management of Committee and works with the Staff Liaison to prioritize projects and allocate
budget. d. The Chair represents the Committee through written and oral form. e. The Chair shall work with the City Staff Liaison to develop the agenda for each
meeting. f. The Vice-Chair shall serve as the Chair in the absence of the Chair. In the absence of the Chair and the Vice-Chair, the most senior member of the committee shall serve as the Chair until the Chair or the Vice-Chair returns or an election of
officers occurs. g. The Secretary officer position will change monthly and will be selected alphabetically by last name. The Secretary shall take roll call at the beginning of each meeting and track attendance, track agenda item votes count and keep
accurate meeting minutes at the Committee meeting.
INCLUSION, DIVERSITY, EQUITY, AND
ACCESSIBILITY (IDEA) COMMITTEE BYLAWS
ATTACHMENT 4
ARTICLE IX: APPROVAL OF BYLAWS The bylaws may be amended, adopted, or suspended by either a majority vote from IDEA
Committee with final approval by the Wheat Ridge City Council; or, by majority vote of the City Council. Changes to the Bylaws will come into effect upon approval from the Wheat Ridge City Council. When there are instances where the bylaws of the IDEA Committee contradict the Wheat Ridge
Code of Laws, staff is authorized to make administrative amendments to the bylaws. In such circumstances, staff shall inform the IDEA Committee of the said administrative amendments during the next possible public meeting. ARTICLE X: SUSPENSION OR DISCONTINUATION
The Committee may be temporarily or indefinitely suspended or discontinued by a majority vote of the City Council.
REV 2/26/2024
WHEAT RIDGE LIQUOR LICENSING
AUTHORITY BYLAWS
ARTICLE I: FUNCTION 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 relevant Colorado Revised Statutes.
ARTICLE II: COMPOSITION
1. 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 council districts of the city,
who shall be appointed by the City Council.
2. In order to stagger the terms of the Licensing Authority members, one of the first two
members from each council district shall be appointed for a three-year term and one shall be appointed for a two-year term. 3. 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 of the licensing authority. 4. All members of the licensing authority are subject to term limits as described in Sec. 2-
53 of the Wheat Ridge Municipal Code.
5. Members of the Licensing Authority may be removed as described in Sec. 2-53 of the Wheat Ridge Municipal Code.
ARTICLE III: MEETINGS
1. The Liquor Authority will convene their regular meetings at a date and time
determined by the appointed members of the authority, pending the availability of the
staff liaison.
2. If there is no business for the Authority, a lack of quorum, or circumstances exist
which would require cancellation or postponement of a regularly scheduled meeting,
the Chair may order such cancellation, and the Clerk to the Authority shall make notice
to all Authority Members.
3. A special meeting may be called by the Chair; or, by three members of the
Authority with 48 hours’ notice given to each Authority Member by telephone, in
person, by mail, or other electronic communications such as email, pending the
availability of the staff liaison.
ATTACHMENT 5
WHEAT RIDGE LIQUOR LICENSING
AUTHORITY BYLAWS
ARTICLE IV: QUORUM A quorum of the Liquor Licensing Authority shall consist of five (5) voting members, and a
decision of a majority of the quorum present shall control. All decisions of the Liquor
Licensing Authority are final subject only to appeal to a court of competent jurisdiction.
ARTICLE V: ATTENDANCE
All members of the Liquor Licensing Authority are expected to attend all regular and special meetings of the Authority unless excused. Board members shall be automatically removed from their position for violating the unexcused absences policy described in Sec. 2-53 of the Wheat Ridge Municipal Code.
ARTICLE VI: PRESIDING OFFICERS 1. The Chair, or in their absence, the Vice Chair, shall take the Chair at the hour appointed for the Authority to meet, and shall immediately call the members to order. The roll shall
then be called by the Clerk to the Authority who shall enter in the minutes of the meeting
the names of the members present. 2. The Chair and the Vice Chair shall be elected at the first meeting in April annually. This shall be the first order of business after public hearings at that meeting and it shall be held
by secret ballot without nomination.
3. After selection of the Presiding Chair, the Authority shall choose one of its members as Vice Chair who shall serve as Chair during the absence or disability of the Chair and, in case of vacancy in the office of the Chair, pending the selection of a successor at the next
regular meeting. They shall be selected in the same manner as the Chair.
4. In the absence of both the Chair and the Vice Chair the senior member of the Liquor License Authority shall be the Chair until the Chair returns or an election of officers is
held.
5. Duties of the Chair: a. Preside at all meetings and hearings.
b. Direct the business and affairs of the Authority.
c. Sign the approved minutes of each meeting. d. The Chair will rule on motions. ARTICLE VII: CLERK TO THE AUTHORITY
1. The Clerk to the Authority shall keep the minutes of all proceedings of the Authority.
The Clerk to the Authority shall ensure that notices, copies of minutes to be approved,
meeting agendas, and other required information are properly recorded, filed and
WHEAT RIDGE LIQUOR LICENSING
AUTHORITY BYLAWS
provided to the Authority Members. The Clerk to the Authority shall be hired by the
City.
2. Minutes of each official meeting of the Liquor Authority will be recorded by hand
electronically; or both.
3. Minutes will be reviewed, corrections and or additions made, and final approval voted on
at the next regular meeting of the Authority.
4. Minutes shall accurately reflect the actions, motions, attendance, date, and time of
meetings, and any other pertinent information regarding the business of the Authority.
ARTICLE VIII: USE OF ATTORNEY
1. The Liquor Licensing Authority may request the City Attorney’s presence at any meeting.
ARTICLE IX: VOTING
1. The vote by "Yes" and '"No" shall be taken upon the passage of all motions and entered upon the minutes of the Authorities proceedings. Every matter for decision before the Liquor Licensing Authority shall require the affirmative vote of a majority of the
members of the Liquor Licensing Authority present for adoption except for approving
minutes, which may be done by consensus or by affirmative vote using the previously described process. An abstention shall not be counted as a vote but shall be entered into the record.
2. In case of a tie in votes on any proposal, the proposal shall be considered lost.
3. Members that have missed a meeting must abstain from a vote approving the minutes of that meeting. Other abstentions from voting must be requested and decided upon before the hearing of the case commences, or immediately upon discovery of the fact requiring
abstention. The moving member shall briefly state the reason for their request or motion,
and the decision thereafter shall be made without debate. It shall not be in order for any member to explain their vote on a question of abstention during said vote. Once consensus granting or requiring abstention is recorded, the abstaining member shall take no further part in discussion or consideration of, or voting upon, the case.
ARTICLE X: ADMINISTRATIVE APPROVALS The Liquor Licensing Authority affirms that it has the power to delegate, by resolution, the consideration of some applications, permits, changes, and otherwise, to be conducted by
administrative action. The Liquor Licensing Authority may not delegate this authority in any
manner other than by resolution. Staff shall maintain a record of all such items which are to be considered by administrative action and it shall be made available to the public or any Liquor Licensing Authority member upon request.
WHEAT RIDGE LIQUOR LICENSING
AUTHORITY BYLAWS
ARTICLE XI: BYLAWS AMMENDMENTS
1. The Bylaws can be adopted or amended by a simple majority vote with final approval from the Wheat Ridge City Council. Changes to the bylaws come into effect upon approval by the City Council or at a time determined by the City Council.
2. When there are instances where the bylaws of the Liquor Licensing Authority contradict
the Wheat Ridge Code of Laws, staff is authorized to make administrative amendments to the bylaws, except for bylaws amendments related to 11.52-5(a) of the Wheat Ridge Code of Laws. In such circumstances, staff shall inform the Liquor Licensing Authority of said administrative amendments during the next possible public meeting.
REV 2/26/2024
WHEAT RIDGE PARKS AND RECREATION
COMMISSION BYLAWS
ATTACHMENT 6
ARTICLE I: PURPOSE
The purpose of the Parks & Recreation Commission is to advise the Mayor, City Manager,
and City Council on all matters relating to the operation of the Parks & Recreation programs within the City of Wheat Ridge as outlined in Section 2-57 of the Wheat Ridge Code of Laws.
ARTICLE II: MEETINGS
1. The time and date of the regular meeting of the Parks and Recreation Commission shall be determined by a vote of the majority of members present with final approval from the Staff Liaison.
2. Special meetings may be called by the Chair with final approval from the Staff Liaison when the need arises. 3. All meetings shall be open to the public.
4. Cancellation of any Parks & Recreation Commission meeting is at the discretion of the Commission Chair with final approval from the Staff Liaison. ARTICLE III: MEMBERS
1. The Parks & Recreation Commission is composed of eight members. Members to the Commission are appointed by the City Council in accordance with the Code of Laws for the City of Wheat Ridge, for a three-year term.
2. A quorum of the Parks and Recreation Commission shall consist of five (5)
members.
3. A simple majority vote of the members present is required for passage of any motion.
4. Agenda Items will be voted on by a simple verbal “Aye” vote when voting for the particular motion with the exception of election of officers. 5. Board members shall be automatically removed from their position for violating the
unexcused absences policy described in Sec. 2-53 of the Wheat Ridge Municipal Code.
6. The Director of Parks and Recreation shall assemble the agenda for each Parks and Recreation Commission meeting. The agenda shall be distributed by the Friday before the meeting.
WHEAT RIDGE PARKS AND RECREATION
COMMISSION BYLAWS
ATTACHMENT 6
ARTICLE IV: OFFICERS:
1. The election of officers shall be held at the April meeting annually. The officers shall consist of the Chair and the Vice Chair. 2. A Commission member can nominate only one Commission member for one office
at a time. Nominations for Chair and Vice Chair must be separate nominations.
Each office shall be voted on separately. a. All elections will be by written or electronic ballot. A majority vote of all members of the Commission present shall be required to elect a Chair or
Vice Chair.
b. The Chair shall preside over the Parks and Recreation Commission meeting. In the absence of the Chair, the Vice Chair shall become the Chair. In the absence of both the Chair and the Vice Chair, the most senior
member of the Parks and Recreation Commission shall be the Chair until
the Chair returns, or an election of officers is held. c. The secretary, who shall not be a member of the Commission, shall be provided by the City. The secretary will be an administrative assistant from
the Parks and Recreation Department or another individual as designated by
the Director of Parks and Recreation. The secretary shall record the minutes from each meeting, assemble the agenda for each meeting, and perform other clerical duties as may be necessary.
ARTICLE V: APPROVAL OF BYLAWS
The bylaws will be adopted only by a majority vote from the Parks & Recreation Commission with final approval from the City of Wheat Ridge City Council. Changes to the bylaws will become in effect upon final approval from the Wheat Ridge City Council.
When there are instances where the bylaws of the Parks and Recreation Commission contradict the Wheat Ridge Code of Laws, staff is authorized to make administrative amendments to the bylaws. In such circumstances, staff shall inform the Parks and Recreation Commission of the said administrative amendments during the next possible public meeting.
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WHEAT RIDGE PLANNING COMMISSION BYLAWS
ATTACHMENT 7
ARTICLE I: STATEMENT OF PURPOSE
These bylaws are promulgated by the Planning Commission of the City of Wheat Ridge,
Colorado, for the purpose of governing all public hearings and meetings before this body,
thereby ensuring that this body conducts itself in accordance with its status as a quasi-judicial, fact-finding body, and further ensuring that due process of law will be accorded to all those participating therein. By consistent interpretation of these bylaws, the above purposes will be fulfilled, and the City of Wheat Ridge and its residents will be well-served.
ARTICLE II: MEETINGS
1. Regular Commission Meetings. The date and time of regular meetings shall be determined by a majority vote of the Planning Commission with final approval from the Community Development Director. In the event there are no agenda items to be acted upon by the Commission, the Community Development Director may cancel the meeting
with at least forty-eight (48) hours written notice to each member of the Commission.
2. Special Meetings. Special meetings may be called by motion and a majority vote of the Commission at a regular meeting or may be called by the Community Development Director on the written request of the Chair or any two members of the Commission on at least forty-eight (48) hours written notice to each member of the Commission.
3. Study Sessions. Study sessions may be conducted for the purpose of discussion of
procedures, comprehensive plan or code drafts, or other matters not presently the subject of an active land use application at the city. The Commission may give direction to staff at study sessions for the purpose of bringing matters to the Commission in a regular or special business meeting for formal action.
4. Adjourned Sessions. Any session of the Commission may be adjourned or adjourned
from day to day, or for more than one day, but no adjournment shall be for a longer period than until the next regular meeting thereafter.
5. Executive Sessions. An executive session of the Planning Commission may be convened only if the majority of the members of the Commission present vote publicly to hold such
a session, the subject matter to be considered is one of those listed in Subsection (B) of
this Section and a public announcement is made as to which category of Subsection (B) the matter concerns.
a. An executive session may be convened only on the following matters:
i. Legal consultation regarding a suit which names the Planning Commission
or any of its members, has been filed against the City and has received
formal written notice that suit against the City is imminent.
ii. Legal advice from the City Attorney on specific legal questions.
iii. The Commission Secretary shall make an audio recording of all executive sessions. Such recording shall be closed to the public unless a majority of
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the Commission votes to make them available to the public. The Chair, any member of the Commission, the City Attorney, or the Community
Development Director or their designee (in the event the Community
Development Director was a participant in the executive session), may examine such tapes at any reasonable time under the direct supervision of the Commission Secretary. The Commission Secretary may also release such recordings pursuant to a valid court order in any action challenging
the legitimacy of an executive session.
6. Meeting Duration. The place of meetings of the Planning Commission shall be in the Municipal Complex. No meeting shall extend beyond 11:00 p.m., at which time the Commission shall vote to continue the meeting or to adjourn the meeting and continue all unfinished business to the next regular or special meeting. No public hearing shall be
started after 11:00 PM, except upon majority vote of the Commission.
ARTICLE III: THE PRESIDING OFFICER
1. Election of Officers. A majority vote of all members present of the Commission shall be required to elect a Chair and Vice Chair. The Chair shall be elected on an annual basis at the next regular meeting following appointments in April of each year. This shall be the
first order of business after public hearings at that meeting and it shall be held by secret
ballot without nomination. Until one person has received votes of a majority of all members present of the Commission, successive ballots will be taken. After selection of the Chair, the Commission shall choose one of its members as Vice Chair. The Vice Chair shall be selected in the same manner as the Chair. The same member may not
serve in the same role in successive years.
2. Rotating Chair: The Chair shall be elected on a rotating annual basis in accordance with Sec. 2-54 of the Wheat Ridge Municipal Code.
3. Presiding Officer. The Chair, or in their absence, the Vice Chair, shall be the presiding officer at all meetings of the Commission.
4. Vice Chair. The Vice Chair shall serve as Chair during the absence or disability of the
Chair and, in case of vacancy in the office of the Chair, pending the selection of a successor at the next regular meeting.
5. Temporary Chair. In the case of the absence of the Chair and Vice Chair, the most senior member of the remaining members shall act as Temporary Chair until the Chair or Vice
Chair returns.
6. Decorum and Order. The presiding officer shall preserve decorum and decide all questions of order, subject to appeal to the Commission. If a member transgresses the rules of the Commission, the presiding officer shall, or any officer may, call him to order, in which case he/she shall relinquish the floor, unless permitted to explain.
7. Quorum. A minimum of five (5) Commissioners shall constitute a quorum for the
transaction of business at all Commission meetings. Once the Commission Secretary
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makes a determination, based upon contact with Planning Commission members prior to a meeting that a quorum will not be attained, all public hearing items scheduled for that
meeting shall automatically be continued to the next regular meeting.
8. Community Development Director. The Community Development Director, or their appointed deputy, shall attend all meetings of the Commission, unless excused by the Commission or the City Manager. They shall keep the Commission fully advised as to all matters related to the planning and development conditions and needs of the City. They
may make recommendations to the Commission and may take part in discussions on all
matters coming before the Commission. They shall have a seat, but no vote in the meetings of the Planning Commission.
9. Recording Secretary. A City employee appointed by the Community Development Director shall serve as Recording Secretary and shall keep minutes and recordings of the
meetings and perform such other and further duties in the meeting as may be ordered by
the Community Development Director.
10. City Attorney. The City Attorney, either in person or by deputy, shall attend meetings of the Commission at the request of the Community Development Director. An oral or written opinion to provide advice on any question of law by the City Attorney may be
requested by the Commission.
11. Officers and Employees to Attend. When the Commission needs to confer with the head of any department or any officer or employee of the City on any matter relating to zoning or planning, the City Manager shall be asked to request that such officer or employee attend any regular or special meeting.
ARTICLE IV: DUTIES AND PRIVILEGES OF MEMBERS
1. Right of Floor. When recognized by the Chair, a member shall confine statements to the question under debate, refrain from personalized assessments of the matter, and refrain from impugning the motives of any other member's argument or vote.
2. Right of Appeal. Any member may appeal to the Commission from a ruling of the
presiding officer. If the appeal is seconded, the member making the appeal may briefly
state the reason for the same, and the presiding officer may briefly explain his/her ruling, but there shall be no debate on the appeal and no other member shall participate in the discussion. The presiding officer shall then pose the question, "Shall the decision of the Chair be sustained?" If a majority of the members present vote "Yes", the ruling of the
chair is sustained; otherwise, it is overruled.
3. Limitation of Debate. At their discretion and with consideration for time and equity, the Chair may impose limitations on the number of times or duration of time a member may speak on any one subject, particularly if all members have not yet spoken.
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4. Voting.
a. The vote by "Yes" and "No" shall be taken upon the passage of all motions and
entered upon the minutes of the Commission proceedings. Every matter for
decision before the Planning Commission shall require the affirmative vote of a majority of the members of the Planning Commission present for adoption, unless a greater number is specifically required by the Code of Laws. An abstention shall not be counted as a vote but shall be entered into the record.
b. In the event a motion fails to receive a majority vote, it shall conclusively be presumed that no action has been taken, and it shall be required that a second motion be made, seconded, and adopted by majority vote indicating the definite action (either granting or refusing the requested action).
c. In case of a tie in votes on any proposal for which the Commission is required to make a recommendation to City Council, the tie shall mean no recommendation is being forwarded. In the case of a tie in votes on any proposal for which the Commission is the final deciding body, additional motions shall be required until
an approval or denial is approved by a majority of votes. A motion to continue
discussion to a date certain may also be made, at which meeting additional motions shall be required until an approval or denial is approved by a majority of votes.
d. No member of the Commission shall vote upon any question upon which they
believe themselves to have a conflict of interest (other than the common public interest), on any question concerning their own conduct, or on any question upon which the remaining voting members of the Commission determine, by majority vote, that said member shall be disqualified from the hearing based upon the
reasons specified herein. On all other questions, each member who is present
shall vote when the question is called. Application to abstain from voting shall be made before the hearing of the case commences, or immediately upon discovery of the fact requiring abstention. The moving member shall briefly state the reason for their request or motion, and debate may be had on the motion. Once an
affirmative vote granting or requiring abstention is recorded, the abstaining
member shall take no further part in discussion or consideration of, or voting upon, the case pending. The sole reasons upon which a member may base a motion to disqualify a member are actual or apparent conflict of interest, breach of this Commission's bylaws, or breach of quasi-judicial procedures as defined
herein. No member abstaining under the provisions of this Paragraph 19(C) shall
be penalized for thus abstaining. A member who abstains from voting shall remove themselves from the hearing room until the matter has been finalized, except where a member is the applicant in a matter before the Commission, then the member may step down and participate in the presentation of their request and
shall not retake their seat with the Commission until the matter is finalized by the
Commission.
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e. Any member who was absent from a public hearing and said public hearing has not reached a conclusion, may vote on the public hearing of a previous case,
provided they have listened to the recording of the meeting, read the minutes of
the previous public hearing (if available), has familiarized themselves with the contents of the case file, and at the beginning of the continuation of the subject hearing, states they have complied with the foregoing requirements and are capable of making an informed decision in the matter.
5. Demand for Roll Call. When a vote is taken on any question before the Commission for which a roll call vote is not otherwise required and upon demand of any member, made before the question has been put, the roll shall be called for "yes" and "no" and entered upon the Minutes of the Commission proceedings. It shall not be in order for members to
explain their vote during the roll call.
6. Personal Privilege. The right of a member to address the Commission on a question of personal privilege shall be limited to cases in which their integrity, character or motives are assailed, questioned, or impugned.
7. Attendance. All members of the Commission are expected to attend all regular and
special meetings of the Commission. Board members shall be automatically removed
from their position for violating the unexcused absences policy described in Sec. 2-53 of the Wheat Ridge Municipal Code.
8. Excusal During Meeting. No member may leave the chamber while Commission is in regular session without permission from the presiding officer.
9. Making Motions. A motion presented by any member shall require a second. The
presiding officer shall have the same rights and privileges of making motions as any other member. However, to do this, the presiding officer must step down from the Chair and have their deputy preside.
ARTICLE V: COMMISSION PROCEDURE
1. Agenda Delivery. On the Friday proceeding the regular Commission meeting, the
Community Development Director will have delivered to each Commission member an agenda showing the order of business and indicating the public hearings to be anticipated. Only Commission members and staff may submit other matters for consideration at that same meeting.
At each meeting, it shall be asked by the presiding officer if there are objections or are
corrections to be made to the minutes of the preceding meeting, as published.
2. Precedence of Motions. When a question is before the Commission, no motion shall be entertained except: (a) to fix the hour of adjournment, (b) to adjourn, (c) to postpone further discussion, (d) for the previous question, (e) to continue to a certain date, (f) to
amend, and (g) to postpone indefinitely. These motions shall have precedence in the
order indicated. Any such motion, except a motion to amend the motion to postpone indefinitely, shall be put to a vote without debate.
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3. Motions - General. Roberts Rules of Order shall govern the meeting unless otherwise set forth in these Bylaws or changed by a majority vote of the Commission.
4. Anonymous Communications. Unsigned communications may be introduced before the
Commission, but the Commission is entitled to give each communication less weight in its deliberations.
ARTICLE VI: CODE AMENDMENTS
1. Introduction. All changes to Chapter 26 of the Code of Laws shall be introduced to the
Commission in accordance with the requirements of Sec. 26-122 of the Municipal Code.
ARTICLE VII: MISCELLANEOUS
1. Privileges of Floor. No persons, except members of the Commission and Officers named in the rules and persons invited by the presiding officer of the Commission or by vote of the Commission, shall be allowed to address the Commission except as set forth in
Paragraphs 31 and 34.
2. Addressing the Commission under Public Forum Section of Agenda. Any citizen may address the Commission under the Public Forum section of the agenda on any subject not on the agenda or on Discussion and Decision Items. Time may be limited by the Chair.
3. Suspension of Bylaws. Any provision of these Bylaws not governed by State statute or
City Code of Laws may be temporarily suspended at any meeting of the Commission by
a majority vote of all those members of the Commission who are present. The vote on any such suspension shall be taken by "yes" and "no" votes and entered into the record. Any Bylaw may be suspended by general consent if presented by the Chair and if there are no objections from any member.
4. To Amend Bylaws. These Bylaws may be amended, or new Bylaws adopted by a
majority vote of all members of the Commission present. Changes to the bylaws come into effect upon approval by the City Council or at a time determined by the City Council.
5. Administrative Amendments. When there are instances where the bylaws of the Planning
Commission contradict the Wheat Ridge Code of Laws, staff is authorized to make
administrative amendments to the bylaws. In such circumstances, staff shall inform the Planning Commission of the said administrative amendments during the next possible public meeting.
ARTICLE IX: PUBLIC HEARINGS
All those desiring to be heard on a particular issue at a regular public hearing before the
Commission shall list their names on forms provided. This list shall be handed to the Chair. For quasi-judicial matters only, the Chair shall have all those listed stand to attest, by sworn oath, that all evidence they present shall be the truth.
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The Chair shall be empowered to announce the length of time allotted to any case, and thereafter to enforce said time limit. Presentation and discussion of all zoning and rezoning cases,
subdivision plat approvals, and any other action upon which a public hearing is required by
ordinance, shall follow the following procedure:
1. Upon the calling of a case, the planning staff shall give a brief presentation summarizing the action requested, introducing into the record all relevant ordinances, regulations, and related materials, and briefly outlining the non-disputed facts of the case. Staff's
presentation may include recommendations and findings which the Commission, at its
discretion, may accept, accept in part, or reject. 2. Following staff's presentation, applicant shall present all facts, whether in written or testimonial form, which the applicant deems appropriate to meet his/her burden of proof.
The burden of proof in any zoning or rezoning case, in any subdivision plat request, any
planned development request, any special use permit request, or any other request for change wherein a public hearing is required shall be upon the applicant. 3. Members of the public may present any evidence, whether in written or testimonial form,
which they deem appropriate. Authority is hereby expressly granted to the Chair to
designate or recognize a spokesman or representative for a group having the same or substantially similar positions, said authority being granted solely for the purpose of expediting hearings by avoidance of repetitious presentations, and not for the purpose of limiting testimony.
4. The Commission shall have the right to question all persons testifying. 5. An opportunity for brief response shall be afforded applicant and staff, during which testimony or other evidence may be presented only to address evidence presented during
the case on behalf of either applicant or members of the public.
6. In the presentation of evidence, the Colorado Rules of Evidence shall not be applied, but the Commission expressly reserves to itself the right to determine the relevance and weight of all evidence presented and to limit or exclude evidence which it deems to be
irrelevant, repetitious, or otherwise inappropriate or unhelpful in reaching a decision.
7. Upon closing the public hearing, the Commission shall render a decision based solely upon the facts adduced and appearing upon the record of the public hearing just completed. A motion shall be made and duly seconded recommending Commission
action either granting or denying the action sought, which motion shall embody the facts
relied upon to sustain the action recommended. In the event a condition is sought to be imposed as a portion of the motion thus made, a right shall be granted to the applicant to respond to the proposed condition briefly and succinctly. Nothing contained in this rule shall be deemed automatically to preclude the staff from making suggestions or
answering questions regarding the form of the motion thus made. Refer to Paragraph 19
for provisions on voting.
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8. Upon the vote on the question being recorded, a Resolution shall be prepared by the Commission Secretary, and executed by the Chair, which Resolution shall be the official
record of the Commission's action.
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SUSTAINABLE WHEAT RIDGE BYLAWS
ATTACHMENT 8
ARICTLE I: NAME
The name of this organization shall be Sustainable Wheat Ridge. Sustainable Wheat Ridge
will be referred to as the “Committee”.
ARTICLE II: PURPOSE 1. To advise the City of Wheat Ridge on matters pertaining to environmental sustainability.
2. To promote sustainability programs to residents and businesses within the City of Wheat Ridge through engagement and outreach.
ARTICLE III: MEETINGS 1. The date and time of the regular meetings of the Committee shall be determined by a majority vote of members with final approval from the Staff Liaison.
2. Sub-committee meetings may be called by the Staff Liaison when the need arises. 3. All meetings shall be open to the public.
4. The attendance of a majority of the members of the Committee shall constitute a quorum
for the transaction of business of the Committee, and a majority vote of a simple majority of the members present shall be required to adopt any motion or make or ratify any decision of the Committee. The staff liaisons will tally the votes. All votes must be public. There shall not be any blind or anonymous votes except to decide the officers of
the committee.
5. The Staff Liaison and Chair shall assemble the agenda for each Committee meeting. The agenda shall be distributed no later than the Monday before the meeting. 6. Cancellation of any Committee meeting is at the discretion of the Committee Chair or City Staff Liaison with final approval from the Staff Liaison.
ARTICLE IV: MEMBERSHIP
1. The Committee shall consist of twelve (12) members and one (1) non-voting City Council Liaison. 2. The Council Liaison shall be appointed by the Mayor for a two (2) year term. The
Council Liaison shall be limited to serving two (2) consecutive two (2) year terms. Once
the Council Liaison has become term limited and left the committee, they cannot serve on the committee for another two (2) years. At which time, they would be eligible to serve on the committee again.
3. The Staff Liaison shall create procedures to ensure that terms are staggered so that four
SUSTAINABLE WHEAT RIDGE BYLAWS
ATTACHMENT 8
(4) member terms expire each year.
4. Four (4) of the members shall be selected by the City Council, with the goal of
representing each of the four Council Districts. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on this committee, then the Council may appoint any otherwise qualified applicant.
5. Eight (8) of the members shall be nominated by the Staff Liaison and ratified by the City
Council with a preference for members that have interest in serving and/or expertise in the field of sustainability. Two (2) of the staff-nominated committee members may be non-residents.
6. Members to the Committee shall serve three (3) year terms beginning on March 1st of
each year. 7. Members are limited to serving two (2) consecutive terms. Term limited members may be reappointed in the absence of any other qualified applicant. Each additional term that a
term-limited member is appointed to shall be at-will, meaning that the member can be
replaced by a qualified applicant at any time. 8. Once a member has become term limited and left the committee, they cannot serve on the committee for three (3) years. At which time they would be eligible to serve on the
committee again.
9. For members that are appointed mid-term: Members appointed to serve 50% or more of the length of a term shall be determined to have served a full term. Members appointed to serve less than 50% of the length of a term shall be determined to not have served a full
term. ARTICLE V: MEMBERSHIP REQUIREMENTS 1. During a board year, beginning on March 1st and ending on February 28th of each year:
a. Members shall participate in at least three (3) community engagement events. b. Members shall participate in at least one (1) sub-topic committee or project.
2. Members shall read the agenda and any associated materials prior to the associated
meeting. 3. Members must adhere to the Boards and Commissions Code of Ethics adopted by the City Council.
ARTICLE VI: ABSENCES, AUTOMATIC REMOVAL, TERMINATION
1. Absences are excused due to illness, emergency, or force majeure. Absences are also
SUSTAINABLE WHEAT RIDGE BYLAWS
ATTACHMENT 8
excused if the member notifies the Chair and Staff Liaison that they will not be able to attend the meeting, at least seven (7) days in advance of said meeting. If a committee
member accrues sufficient excused absences to negatively impact the ability of the
committee to operate, then the Chair may request that the Council remove the member. 2. All other absences are considered unexcused.
3. Accruing two (2) unexcused absences in a 365-day period will result in the automatic
removal of said member. 4. The committee can, by majority vote of the remaining members present, decide to excuse an unexcused absence accrued by an automatically removed member. Thereby,
reinstating the automatically removed member to continue their term.
5. Members that wish to leave the Committee before their term is complete shall submit their resignation to the Staff Liaison and Chairs at least 30 days before termination of membership.
6. Membership on the Committee may be terminated by a majority vote of the City Council, during a public hearing, for any of the following reasons: a. At the discretion of the City Council.
b. For a violation of the Boards and Commissions Code of Ethics.
c. If membership requirements are not met. Special circumstances will be reviewed by the Staff Liaison and the Chair on a case-by-case basis. The Chair or Staff Liaison will reach out to a member directly to discuss membership concerns as they arise.
d. At the request of the committee’s Chair, for accruing sufficient excused absences
to negatively impact the ability of the committee to operate. 7. Members that are appointed by the City Council to serve in a district represented position must remain a resident of said district during the length of their term. If the member
vacates the district, for whatever reason, they must notify the Staff Liaison, at which
point that member shall be automatically removed from the committee. This does not apply to members serving in district represented positions who were not residents of that district at the time that they were appointed to the position by the City Council.
8. If a resident member of the committee becomes a non-resident, they must notify the Staff
Liaison. If there are already two non-resident members of the committee, then the member shall be automatically removed from the Committee. If the member can remain on the committee as a non-resident, then they shall continue their term with no changes.
ARTICLE VII: OFFICERS
1. Elections a. Officers shall be elected by the Committee during the first scheduled meeting
SUSTAINABLE WHEAT RIDGE BYLAWS
ATTACHMENT 8
after April 1st of each year and shall take office immediately. The officers shall be a Chair, Vice-Chair, and Secretary.
b. A Committee member can nominate only one Committee member for one office at a time. Each officer shall be voted on separately. c. All elections will be by written or electronic ballot. A majority vote of all
members of the Committee present shall be required to elect a Chair.
d. The term of the Chair and Vice-Chair is two (2) years. The Chair shall be selected on a rotating basis, meaning that, a person may not serve as the Chair or Vice-Chair for two consecutive terms.
2. Positions and Duties a. The Chair represents the Committee through written and oral form.
b. The Chair shall work with the City Staff Liaison to develop the agenda for each
meeting. c. The Vice-Chair shall serve as the Chair in the absence of the Chair. In the absence of the Chair and the Vice-Chair, the most senior member of the committee shall
serve as the Chair until the Chair or the Vice-Chair returns or an election of
officers occurs. d. The Secretary officer position will change monthly and will be selected alphabetically by last name. The Secretary shall take roll call at the beginning of
each meeting and track attendance, track agenda item votes count and keep
accurate meeting minutes at the Committee meeting. ARTICLE IX: APPROVAL OF BYLAWS
The bylaws may be amended, adopted, or suspended by either a majority vote from Sustainable
Wheat Ridge with final approval by the Wheat Ridge City Council, or by majority vote of the City Council. Changes to the Bylaws will come into effect upon approval from the Wheat Ridge City Council.
When there are instances where the bylaws of Sustainable Wheat Ridge contradict the Wheat
Ridge Code of Laws, staff is authorized to make administrative amendments to the bylaws. In such circumstances, staff shall inform Sustainable Wheat Ridge of the said administrative amendments during the next possible public meeting.
ARTICLE X: SUSPENSION OR DISCONTINUATION
The Committee may be temporarily or indefinitely suspended or discontinued by a majority vote of the City Council.
ITEM NO: 6
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 09-2024 – A RESOLUTION ADOPTING
THE BOARDS AND COMMISSIONS CODE OF ETHICS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO
_____________________________ City Manager ISSUE: Staff requests that the City Council adopt a Boards and Commissions Code of Ethics to instruct
board and commission members to act in a manner that aligns with the City’s values.
PRIOR ACTION: The City Council adopted Ordinance No. 1777 on October 9, 2023, establishing that the Council may remove a board or commission member for a violation of a code of ethics.
FINANCIAL IMPACT:
None.
BACKGROUND: The Boards and Commissions Code of Ethics establishes clear guidelines and standards for ethical behavior among board and commission members in their official and private capacities, thus enhancing board member accountability to the public and the Council. The Code of Ethics
clearly states that members have a duty to the public to exercise their powers in a fair, impartial,
and transparent manner. Furthermore, it establishes that board members will act with integrity, avoid any conflicts of interest or corruption, treat all individuals with respect, honor diverse perspectives, conduct themselves transparently, and be a good steward of the public’s resources.
The Code of Ethics establishes that members will avoid any activities in their personal life that
may undermine the public’s trust in their government and their ability to be impartial, not accept
Council Action Form – Boards and Commissions Code of Ethics February 26, 2024
Page 2
any gifts, favors, or benefits that could influence their judgement, and maintain a respect for the law, City staff, and the legal framework governing their actions.
In addition to serving as an aspirational and moral document, this code serves as a guiding framework to inform situations where the continuance of a member’s term on a board, commission, or other public body may come into question.
RECOMMENDATIONS:
Staff recommends the approval of this resolution to adopt the Boards and Commissions Code of Ethics. RECOMMENDED MOTION:
“I move to approve Resolution No. 09-2024, a resolution adopting the Boards and Commissions
Code of Ethics.” Or,
“I move to postpone indefinitely Resolution No. 09-2024, a resolution adopting the Boards and
Commissions Code of Ethics for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst
Marianne Schilling, Assistant City Manager
Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 09-2024
2. Code of Ethics
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 09
Series of 2024
TITLE: A RESOLUTION ADOPTING A BOARDS AND COMMISSIONS
CODE OF ETHICS
WHEREAS, the City of Wheat Ridge has several boards, commissions,
authorities, and special committees and the effectiveness of each of these municipal
bodies is essential to the success of the City; and
WHEREAS, members of City of Wheat Ridge boards and commissions are
expected to uphold the highest standards of ethical conduct to ensure integrity,
transparency, and accountability of their actions; and
WHEREAS, the Council held a Study Session on August 7, 2023, focusing on
how to amend the Boards and Commissions Code and improve the effectiveness of the
City’s municipal bodies; and
WHEREAS, the Council adopted Ordinance No. 1777 on October 9, 2023,
amending the Boards and Commissions Code to codify the consensus established
during the August 7, 2023 Study Session; and
WHEREAS, Ordinance No. 1777 establishes that the City Council may remove
boards and commissions members from their respective bodies for a violation of a code
of ethics; and
WHEREAS, the code of ethics ensures that members will commit to maintaining
the public trust and fostering an environment of transparency, fairness, and ethical
conduct in all aspects of their role as a boards and commissions member; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat
Ridge, Colorado, as follows:
Section 1. The Boards and Commissions Code of Ethics attached hereto as
Exhibit A, is hereby approved.
Section 2. This code of ethics shall become effective immediately.
ATTACHMENT 1
DONE AND RESOLVED this 26th day of February 2024.
ATTEST:
Steve Kirkpatrick, City Clerk
Bud Starker, Mayor
ATTACHMENT 2
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.
II. Conduct as a Private Individual
Updated 9/14/2023.
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.
ITEM NO: 7
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 10-2024 – A RESOLUTION APPROVING AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE JEFFERSON COUNTY SCHOOL DISTRICT R-1 FOR SCHOOL RESOURCE OFFICER SERVICES PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS
QUASI-JUDICIAL: YES NO _____________________________
Chief of Police City Manager ISSUE: The Wheat Ridge Police Department and the Jefferson County School District have worked together for several years and participated in the School Resource Officer (SRO) Program. The
primary mission of the SRO Program is to provide formal instruction, informal consultation and mediation, enforcement and problem solving for the school communities. A formal, written, intergovernmental agreement between the City and the District concerning school resource officers, has been in place for over ten (10) years. The District has requested the intergovernmental agreement be reviewed and reapproved.
PRIOR ACTION: A formal, written intergovernmental agreement between the City and the District has been in place for over ten (10) years.
FINANCIAL IMPACT: There is no additional financial impact to the City by the establishment of this intergovernmental agreement. The SRO Program has been in operation for several years and is funded through the city budget.
Council Action Form – School Resource Officer IGA February 26, 2024
Page 2
BACKGROUND: Safety in Wheat Ridge Schools is a very high priority for the community. Wheat Ridge Police
officers and School Resource Officers undergo advanced training in school safety and protection
for the schools and the community. Having officers available for rapid deployment who are familiar with school buildings and grounds is vital for the safety of the community. In addition, the Wheat Ridge Police Department has a genuine and vested interest in the positive
growth and development of the community’s youth. The position of the School Resource Officer
(SRO) has been established to provide for the assignment of police officers within the City’s public and private elementary, middle, and high schools. These officers provide a forum through which students, parents, and faculty, and law enforcement officers can become acquainted; and as a result, earn mutual respect. This program demonstrates to parents and faculty that the agency has a
genuine interest in the community’s young people. This program provides a variety of educational
opportunities and a positive law enforcement presence in the school community. School Resource Officers do not enforce school disciplinary policies. As part of the Police Department’s commitment to national accreditation, an intergovernmental
agreement between the public school district and the City is required by the Commission on
Accreditation for Law Enforcement Agencies. The attached intergovernmental agreement is similar to formal written agreements established between other national accredited police departments and public-school districts.
The agreement includes:
a. A statement of the specific services to be provided; b. Specific language dealing with financial agreements between the parties; c. Specification of the records to be maintained concerning the performance of services by
the provider agency;
d. Language dealing with the duration, modification, and termination of the contract; e. Specific language dealing with legal contingencies; f. Stipulation that the provider agency maintains control over its personnel; g. Specific arrangements for the use of equipment and facilities; and
h. A procedure for review and revision, if needed, of the agreement.
All the elements listed above are included in this intergovernmental agreement to ensure compliance with CALEA standards.
RECOMMENDATIONS:
It is recommended that the City Council approve the intergovernmental agreement between the City of Wheat Ridge and Jefferson County School District R-1 for School Resource Officers. RECOMMENDED MOTION:
“I move to approve Resolution No. 10-2024 – a resolution approving an intergovernmental
agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officers.”
Council Action Form – School Resource Officer IGA February 26, 2024
Page 3
or,
“I move to table indefinitely Resolution No. 10-2024 – a resolution approving an
intergovernmental agreement between the City of Wheat Ridge and the Jefferson County School District R-1 for School Resource Officers.” REPORT PREPARED/REVIEWED BY:
Eric Kellogg, Division Chief
Chris Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS:
1. Resolution No. 10-2024
2. Intergovernmental Agreement
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 10-2024
Series of 2024
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE
JEFFERSON COUNTY SCHOOL DISTRICT R-1 FOR SCHOOL
RESOURCE OFFICER SERVICES
WHEREAS, pursuant to C.R.S. § 29-1-203, the City of Wheat Ridge (“City”)
and the Jefferson County School District R-1 (“District”) are authorized to enter
into cooperative agreements with other governmental entities to provide any
function, service or facility each is authorized to undertake; and
WHEREAS, the City is authorized to provide law enforcement services and
the District is authorized to provide public education services; and
WHEREAS, the City and the District each recognize the value in cooperating
to proactively provide a consistent and visible law enforcement presence in
schools; and
WHEREAS, the parties have therefore developed a School Resource Officer
program that places a uniformed police officer in certain District schools located
within the City; and
WHEREAS, the parties have memorialized the terms of said School
Resource Officer program in an intergovernmental agreement; and
WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter,
the City Council wishes to approve said intergovernmental agreement by
resolution.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
The Intergovernmental Agreement for School Resource Officer Services by
and between the City of Wheat Ridge and the Jefferson County School District R-
1, attached to this Resolution and incorporated herein by reference, is hereby
approved. The Mayor and City Clerk are authorized to execute the same.
DONE AND RESOLVED this ______ day of __________, 2024.
Bud Starker, Mayor
ATTACHMENT 1
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ATTEST:
Steve Kirkpatrick, City Clerk
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INTERGOVERNMENTAL AGREEMENT
BETWEEN JEFFERSON COUNTY R-1 SCHOOL DISTRICT AND THE CITY OF WHEAT RIDGE
This Intergovernmental Agreement for School Resource Officer Program (“Agreement”) is made this seventh day of December 2023, between the City of Wheat Ridge Police Department
(“WRPD”) and the Jefferson County R-1 School District (“District”) (hereinafter WRPD and
District are referred to as “Party” in the singular and “Parties” in the plural).
RECITALS
WHEREAS, pursuant to C.R.S. §§ 29-1-203 and 22-32-122, the District and the WRPD have
cooperated to establish and develop a School Resource Officer Program (“SRO Program”), wherein the WRPD assigns one or more police officers to function as school resource officers (each an “SRO” or “SROs” in the plural) at certain District schools at no cost to the District; and
WHEREAS, the joint goals of the SRO Program are to:
1.Reduce criminal activity on District property and at District-sponsored events;2.Foster educational programs and activities that will increase students’ knowledge ofand respect for the law and the function of law enforcement agencies;
3. Improve communications between police officers and the school community;
4. Enhance the safety of the learning environment; and5.Reduce and prevent delinquency, alcohol and substance abuse, gang involvement,possession and use of dangerous weapons, and other unlawful or disorderly activitiesamong District students; and
WHEREAS, the SROs serve as positive role models for District students, work in a cooperative, proactive, and problem-solving partnership with District students, staff, and parents to enhance the quality of life in the school community, and enforce the laws of the State of Colorado; and
WHEREAS, the District and the WRPD wish to continue the SRO Program subject to the terms and conditions of this Agreement, which replaces and supersedes in all respects all prior agreements between the Parties as it relates to the agreements contained herein between the District and the WRPD.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals incorporated by reference herein, by the mutual promises and covenants herein contained, and other good and valuable
consideration, the receipt and adequacy of which are hereby acknowledged, the Parties hereby
agree as follows:
ATTACHMENT 2
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ARTICLE I Term
This Agreement, and performance of the duties called for herein by the SROs shall begin on August 1, 2023, and shall continue in effect through and including July 31, 2024, unless earlier terminated as provided in Article VIII of this Agreement. Thereafter, the Agreement may be continued for successive one-year terms by either party by giving written notice to the other on or
before May 1 of the then-current year.
ARTICLE II SRO Program
A. Assignment of School Resource Officers
1. The WRPD shall deploy two SROs to service the following schools:
• Wheat Ridge High School
• Everitt Middle School
• Prospect Valley Elementary School
• Stevens Elementary School
• Sobesky Academy The school assignment will be set by mutual agreement of the WRPD and the District,
assuring to the extent reasonably possible the presence of an SRO between each of the schools. SROs shall be assigned to work with the administration, faculty, and students at the SRO’s assigned school or schools on the schedule as provided for in this Agreement. 2. The WRPD shall assign the duties of supervision of the SROs to one or more SRO
Supervisor(s), who shall oversee the SROs and may perform scheduled and/or non-scheduled visits to the schools. The SRO Supervisor(s) may include one or more WRPD sergeants, lieutenants, or commanders, as determined at the sole discretion of the WRPD. The SROs assigned pursuant to this Agreement will report to an SRO Supervisor. When practicable, during scheduled visits, the SRO Supervisor will meet with the assigned SRO and may meet with school administrators and
any staff designated by the principal. 3. The WRPD may, from time to time, and at its sole discretion, reassign its employees and designate one or more replacement SROs or SRO Supervisors at any time. The District reserves the right to request the removal or reassignment of any SRO for any reasonable cause and upon
written notice to the WRPD as specified in Article VI. 4. SROs may at any time be reassigned, and/or a new SRO may be appointed and assigned as determined by the SRO Supervisor and the WRPD.
5. SROs will not be assigned to Charter Schools in the District under the terms of this Agreement. Nothing herein will be construed to preclude the WRPD from otherwise agreeing to
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provide SROs to Charter Schools or other schools located in the City of Arvada as determined by the WRPD.
6. The SROs may also respond to and handle non-emergency calls at other schools of the District where there is not an assigned SRO. Nothing in this Agreement shall be construed to limit or otherwise preclude a non-SRO WRPD officer to be assigned to respond to any call for service at any District school, regardless of whether an SRO is assigned to such school.
B. Regular Duty Hours of the SROs 1. The SROs shall be assigned to their primary school(s) on a full-time basis of eight (8) hours on those days and during those hours that the schools are in regular session in accordance with the
calendar established by the Board of Education of the District, as amended from time to time. The
primary purpose of the SRO Program is to provide services during normal school hours. However, the District may request that the SRO be assigned additional hours and/or days beyond the normal working hours. The principal(s) of the assigned school(s) and the SRO Supervisor may agree to adjust the working hours of the SRO; provided, however, that overtime hours are not worked. The
Superintendent or their designee, in cooperation with the SRO Supervisor, may request
assignments of SROs beyond the assigned contracted hours. a. The SRO may be temporarily assigned other duties by the WRPD during school holidays and vacations or as otherwise determined by the WRPD at its discretion. The SRO may
attend school or District in-service training that applies to SRO duties and responsibilities as
recommended by school or central administrators. b. It is understood and agreed that time spent by SRO attending juvenile court and or criminal cases arising from and/or out of their employment as an SRO shall be considered as hours
worked under this Agreement.
c. The SRO will generally attempt to schedule vacations and floating holidays during periods when school is not in session. Any exception may be granted if approved by the SRO Supervisor. The SRO Supervisor may rotate or temporarily reassign an existing remaining SRO
associated with the SRO Program or provide a substitute SRO to cover the shortage at any assigned
school(s) affected by the SRO’s absence so that, when possible, the assigned school(s) are not completely left without coverage. When a substitute SRO is required, the WRPD will, if feasible as determined by the WRPD, assign an SRO who has previous experience as an SRO to the extent possible or an officer who is otherwise compatible with school environments. Whenever possible,
the WRPD will utilize the same officers for substitute/replacement purposes so that there are not
different officers every day. 2. Subject to Article II.B.1, the SRO will generally work during the hours school is in session and coordinate their schedule with the school principal or their designee of the SRO’s assigned
school. When schools are closed due to in-service training, the SRO, if invited by the school
administrators, may attend the in-service training, or use those hours for other duties. 3. Notwithstanding any provisions of this Agreement to the contrary, nothing herein shall
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preclude, limit, or impair, as determined by the WRPD in its sole discretion, the WRPD’s duty to provide an adequate level of service and protection within its own jurisdiction, or any other existing
aid agreements the WRPD may have with any other party or entities as of the date of this
Agreement. The WRPD reserves all rights to recall SROs from their assignments at District schools at any time to respond to any incident or request for police services whatsoever. 4. Other than the WRPD’s obligation to consider a request from the District to remove or
reassign an SRO pursuant to Article II.A.3, the WRPD shall have exclusive authority to assign,
remove, re-assign, or take any other personnel action whatsoever with respect to any SRO or SRO Supervisor. C. Summer Duty of the SROs
The Parties shall meet during the term of this Agreement to determine the number of SROs. if any, that may be assigned to provide services in accordance with this Agreement during the summer school period.
D. Duties of the SROs
SROs will provide focused law enforcement services to students, staff, and the surrounding community to include routine patrol, traffic enforcement, preliminary crime investigation, and responding to calls for service, including but not limited to the following:
1. The SRO shall wear WRPD-approved uniforms and drive a marked patrol unit in performance of the duties required by this Agreement. In the event the SRO is authorized to wear civilian clothes for a specific event, the SRO shall comply with the WRPD dress code.
2. Subject to the SRO’s discretion and law enforcement authority, the SRO shall take
appropriate law enforcement action or as required by law or the WRPD policy. The SRO must notify the school administrator as soon as practicable of any violations of law or actions which impact school discipline, order or safety, or such other violations and actions as the District reasonably requests be reported.
a. This may include interviewing suspects and victims of criminal violations, issuing summonses, and addressing traffic concerns. Should it become necessary to
conduct formal law enforcement interviews with students, the SRO shall adhere to
District policy, regulations, and guidelines, WRPD policy, and applicable law. b. The SRO shall handcuff a student only in accordance with applicable laws. CRS 26-20-111 (“A school resource officer or a law enforcement officer acting in the
officer’s official capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall not use handcuffs on any student, unless there is a danger to themselves, or others or handcuffs are used during a custodial arrest that requires transport.”).
3. The SRO shall assist other SROs, if applicable, or law enforcement agencies in conducting
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investigations when requested or required.
4. The SRO may, to the extent practicable, develop teaching expertise and assist faculty in
conducting specialized classes on such topics as the role of policing in the community, search and seizure, traffic laws, crime prevention, victims’ rights, community involvement, and youth programs. In addition, the SRO will encourage and participate in discussion during classes to establish rapport with students. Any additional areas of instruction or SRO participation in school
activities must be mutually agreed upon by WRPD, the SRO Supervisor, and the principal or their
designee of the affected school. 5. The SRO shall seek permission, advice, and guidance from school administrators prior to implementing any program within the SRO’s assigned school.
6. The SRO shall assist school administrators, staff, and faculty in developing emergency procedures and emergency management plans to include prevention and/or minimization of dangerous situations which may result from student unrest.
7. The SRO shall be familiar with and abide by all relevant District policies, regulations and
guidelines related to safety, student conduct and discipline, including the District’s Code of Conduct except to the extent such policies, regulations, code and guidelines conflict with their responsibilities as a law enforcement officer. The District shall provide the WRPD and each SRO with copies of all such District policies prior to each school year.
8. The SRO shall assist administrators, faculty and staff with the investigation of any suspected violations of law occurring on District premises. SROs will conduct their duties in accordance with applicable law. The SRO shall not be assigned to lunchroom duties, hall monitoring, or other campus monitoring duties, unless there is a specific problem, in which case,
the SRO may assist the school with those duties until the problem is remedied. SROs shall not be
responsible to enforce any District policies. 9. The SRO will, to the extent practicable, seek to establish working relationships with student organizations, faculty, staff members, District administrators and community members. In
addition, the SRO may attend parent, faculty, student, administration or other meetings to provide
information regarding the SRO Program and provide opportunities for involvement and support. 10. The SRO will generally coordinate enforcement efforts with campus supervisory personnel, including but not limited to campus supervisors, campus security officers, hall
monitors, parking attendants, and private security firm personnel.
11. The SRO shall maintain detailed, accurate, and up to date records as required by the WRPD, and submit reports as requested.
12. The SRO shall work proactively with all law enforcement agencies that serve the District’s
community. 13. The SRO, principal of each school, and necessary school staff will, to the extent
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practicable, work proactively with students, parents, and faculty regarding public safety and use problem solving teams and programs to address outstanding problems.
14. The SRO will, to the extent practicable, provide information and referrals regarding community programs to school administrators, staff, students, and parents so that appropriate assistance can be assessed. These programs may include but are not limited to mental health clinics, peer support, and drug treatment centers. The SRO may make referrals to community
agencies and programs when necessary. The SRO shall refer students to the school or District
counselor as needed. Referral guidelines shall be determined by the school administrator. 15. The SRO may attend, whenever practicable, selected school functions as recommended by school administrators.
16. The SRO shall maintain the confidentiality of any information obtained pursuant to Title 19 of the Colorado Children’s Code and shall not disclose the information except as provided by law or court order.
17. The SRO shall maintain the confidentiality of District records and personally identifiable
information (PII) in accordance with Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, and the Family Educational Rights and Privacy Act of 1974 (FERPA) and its regulations, and District policies.
18. Unless otherwise directed by an WRPD supervisor or to avoid compromising an ongoing
investigation, the SRO shall, in coordination with the SRO Supervisor, inform the school principal or their designee of investigations and cases which have a significant impact on a school or the District, or other such matters as are designated by them or as required by law.
19. The SRO may perform other duties which will promote the goals of the SRO Program and
which are mutually agreed upon by the District and the WRPD. E. Training
The WRPD shall provide at least basic SRO training to all new SROs prior to their beginning
assignment as the SRO, or as soon as reasonably possible. Basic SRO training may be obtained through the Colorado Association of School Resource Officers (CASRO), the National Association of School Resource Officers (NASRO), or any other organization which provides similar training.
F. Records; Information-Sharing; Confidentiality 1. For purposes of this Agreement, the SRO is deemed a “school official” as provided in the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g with whom the District
may share any records that are deemed necessary by the District for use by the SRO in connection
with the SRO Program. To demonstrate compliance with FERPA and its regulations, including but not limited to 34 C.F.R. § 99.31(a)(1)(i)(B), the Parties affirm and agree to the following:
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a. School safety is an institutional service for which the District would otherwise use its employees.
b. The District will only disclose personally identifying information (PII) in education records as needed by the SRO to perform their duties as listed above in Article II, Section D.
c. The SRO is subject to the use and re-disclosure requirements in FERPA and District
policy. The SRO shall use PII contained in education records only in the performance of the SRO’s duties under such program as described above in Article II, Section D and shall not re-disclose PII contained in education records to outside parties, who are not “school officials,” without consent or unless the disclosure
satisfies an exception to FERPA.
2. All records of police reports and citations associated with the SRO’s duties will be maintained by the WRPD and will comply with the school reporting requirements set forth in C.R.S. § 22-32-146.
ARTICLE III Facilities and Equipment; District Responsibilities A. Facilities and Equipment
The District shall provide to each full-time SRO the following facilities and equipment, which are deemed necessary to the performance of the SRO’s duties under this Agreement. 1. The District’s Superintendent or their designee, in consultation with the principal at each
assigned school, shall designate an office space at each assigned school for the exclusive use by
the SRO. The designated office space shall be available to the assigned SROs at all times when the school is open for educational or extracurricular activities. In addition, the District shall make reasonable effort to accommodate the SRO’s needs to use such designated space at other hours when the school building may not otherwise be open in furtherance of the duties required of the
SRO under this Agreement. Except in emergency circumstances, the District shall provide the
SRO at least seventy-two (72) hour notification if the portion of the building allocated herein to the SRO becomes temporarily unavailable. 2. The District shall provide for the use of each SRO a desk and any necessary office furniture,
a computer, a school radio, and access to a printer. If requested, the District shall purchase and
install lockers. WRPD shall be responsible for keeping any lockers secured and shall remove weapons if there is not a full time SRO assigned at the school and during summer months. B. Maintenance of Facilities and Equipment
All WRPD or District facilities and equipment, including vehicles, utilized by the SROs or SRO Supervisor in connection with the SRO Program shall be maintained by and at the expense of the respective owners of such facilities and equipment.
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C. Effect of Termination
In the event this Agreement is terminated, any WRPD or District facilities or equipment utilized in connection with the SRO Program shall be returned to or retained by the respective owners.
D. Other District Responsibilities
Principals and administrators at schools where an SRO is assigned will cooperate with the SRO and facilitate a positive working relationship between the SRO, the principal, and school staff.
District staff will comply with mandatory reporter provisions applicable to school personnel
pursuant to C.R.S. § 19-3-304. ARTICLE IV Employment Status of SRO
A. SRO Employment Status It is expressly understood that, at all times during the term of this Agreement, the SROs and SRO Supervisor are employees only of the WRPD. The District and the WRPD acknowledge that
the SRO is a law enforcement officer under the direct and exclusive supervision of the WRPD.
The SRO shall remain responsive to the chain of command of the WRPD. No District employee shall have the authority to supervise, direct, or otherwise dictate the actions of any SRO acting in their official capacity. SROs shall not represent that they are employees or agents of the District in any capacity.
B. Compliance with Employment Laws The WRPD will be responsible for providing SROs with payment of wages, health care benefits, and workers’ compensation insurance (including occupational disease). The WRPD will
comply with all withholding taxes, social security, unemployment, workers’ compensation, and/or
other federal, state, and local employment taxes and other requirements of federal, state, or local laws, regulations, rules, and ordinances. C. Supplies and Equipment Provided by WRPD
The WRPD shall provide the SROs with all supplies and equipment as are normally issued by the WRPD to law enforcement officers to be used by the SROs in performance of the duties required under this Agreement.
D. Disciplinary Action
The WRPD, at its sole discretion, will be responsible for taking any necessary or appropriate disciplinary action against any SRO or SRO Supervisor. In exercising these responsibilities, the
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WRPD may consult with the District at the WRPD’s discretion. The District will provide input and feedback to the SRO and the SRO’s Supervisor and may, as determined by the WRPD,
participate in reviews, evaluations, and planning for particular SRO positions. The District shall
regularly advise the WRPD of the SRO’s work performance and shall immediately report to the WRPD any instances of alleged misconduct or discrimination. The District shall make its employees available as witnesses in any WRPD-conducted disciplinary or termination proceeding or workplace investigation.
ARTICLE V Appointment of the SROs A. SRO Selection
The WRPD shall recruit, interview, and evaluate SRO applicants in accordance with WRPD policies and procedures applicable to special assignments. B. Applicant Requirements
SRO applicants must satisfy all of the following requirements: 1. The applicant must voluntarily seek the SRO position and must indicate a willingness to hold the position for three (3) years.
2. The applicant must be a full-time peace officer, as defined by C.R.S. § 16-2.5-101, with a minimum of three (3) years of law enforcement experience. 3. The applicant must be employed as a police officer with the WRPD.
4. The applicant must indicate a willingness that, if appointed to the SRO position, they will not schedule time off for vacations and floating holidays during periods when school is in session except as provided for in Article II.B.1.(c).
C. Other Considerations
The WRPD may consider, among other criteria as determined by the WRPD, job knowledge, experience, training, education, attitude, communication skills, prior service as an SRO, prior training, education, or experience with youth as part of its SRO selection process.
D. Application Review The SRO Supervisor shall appoint officers as SROs at their sole discretion from the recommended list of applicants in accordance with WRPD policies and personnel rules.
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ARTICLE VI Dismissal, Reassignment, Retirement or Resignation of SROs; Replacement
A. Removal of SRO In the event the school administrator to which the SRO is assigned believes that the SRO is not effectively performing their duties and responsibilities, the administrator may contact the SRO
Supervisor to clearly outline the responsibilities and expectations. Should the school administrator
continue to be dissatisfied with the performance of the SRO, the school principal may recommend to the SRO Supervisor that the SRO be removed from the SRO Program. The SRO Supervisor shall review the reasons provided by the school principal for the recommendation of removal of the SRO with the Chief of Police or Division Chief, and then shall advise the school principal as
to the WRPD’s decision whether to remove the SRO. The Chief of Police or designee may elect
to meet with the Superintendent or designee and the SRO Supervisor to discuss the SRO’s performance. At such meeting, specified school staff members may be requested to be present. If the issues cannot be resolved, then the SRO shall be removed from the school or from the SRO Program as determined by the WRPD in consultation with the District.
B. Reassignment The SRO Supervisor may dismiss or reassign the SRO or SRO Supervisor from the SRO Program at any time based upon WRPD rules, regulations, policies, or directives, or when it is in
the best interests of the WRPD as determined by the SRO Supervisor. Any vacancy in the SRO
Program created by such dismissal or reassignment shall be filled in the manner described in Subsection D of this Article. C. SRO Transfers, Promotions
The SRO or SRO Supervisor may be transferred or promoted from their SRO position at any time as determined by the WRPD. Any vacancy created by such transfer or promotion shall be filled in accordance with WRPD policies and procedures applicable to special assignments.
D. Effect of SRO Vacancy
In the event of resignation, dismissal, promotion, retirement, rotation, or transfer of the SRO, or in the case of long-term absences due to injury, illness, disability, or other cause of more than thirty (30) calendar days, the WRPD will make reasonable efforts to provide a replacement for the
SRO as soon as is practicable receiving notice of such resignation, dismissal, promotion,
retirement, rotation, transfer, or absence. ARTICLE VII Evaluation
Effectiveness of the SRO Program shall be evaluated annually by the Parties to determine if any modifications to the SRO Program are necessary or advisable. The evaluation shall include, where appropriate, compliance with the terms and conditions of this Agreement, identification of
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issues or problems and recommendations for improvement, and assessment of quality of services provided. This evaluation is critical to continue a successful program and the Parties agree to invest
sufficient time and effort in the evaluation process.
Each principal will prepare, in a format determined by the District, an annual evaluation of the SRO(s) assigned to principal’s school. Each principal will provide the evaluation to the SRO Supervisor no later than thirty days after the end of the school year, to be considered by the WRPD
as part of the SRO’s annual personnel evaluation.
ARTICLE VIII Termination of Agreement
This Agreement may be terminated by either party upon thirty (30) days’ prior written notice to the other party. ARTICLE IX
Good Faith
The Parties, their agents and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. The Parties agree that they will attempt to resolve any disputes concerning the interpretation of this Agreement and unforeseen questions and difficulties which may arise in
implementing the Agreement by good faith negotiations before resorting to termination of this
Agreement. ARTICLE X No Indemnification; Legal Contingencies
The Parties are governmental entities in the State of Colorado. As such, each Party is prohibited under Article XI, Section 1 of the Colorado Constitution from indemnifying anyone. Therefore, notwithstanding any provision in the Agreement to the contrary, neither Party will indemnify the other Party or anyone else under this Agreement.
Each Party agrees to release, waive and discharge, and covenants not to sue the other Party and its officers, employees, and insurers, from and against any and all claims, damages, liabilities, demands and court awards of any kind whatsoever which arise from any acts or omissions of employees of the other Party while those employees are engaged in activities under this
Agreement. The Parties intend that each shall be responsible for its own negligent acts and
omissions. The Parties understand, are relying upon, and do not waive or intend to waive by any provision of this Agreement the monetary limitations or any other rights, immunities, defenses, or protections, provided by the Colorado Governmental Immunity Act, §24-10-101, C.R.S. et seq., C.R.S., as from time to time amended, or otherwise available to either Party or its officers or
employees.
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ARTICLE XI Notices
Any and all notices or any other communication required or permitted shall be deemed to have been given when personally delivered or deposited in the United States Postal Service as regular mail, postage prepaid, and addressed as follows or to such other person or address as a Party may designate in writing to the other Party:
To the District: Superintendent of Schools President Jefferson County R-1 School District Jefferson County Board of Education
1829 Denver West Drive, Bldg. #27 1829 Denver West Drive, Bldg. #27
Golden, Colorado 80401 Golden, Colorado 80401
To the City of Wheat Ridge Police Department: Wheat Ridge Police Department 7500 W. 29th Ave.
Wheat Ridge, Co. 80033-8001
ARTICLE XII Modification
This document constitutes the full understanding of the Parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of this Agreement shall be binding unless in writing signed by both Parties.
ARTICLE XIII Non-Assignment; No Third-Party Beneficiary This Agreement, and each and every covenant within, shall not be capable of assignment except with the prior written consent of both Parties. This Agreement is not intended and shall not
create any duty to any student, teacher, District employee, parent or any other person, firm or entity
with regard to the provision of any law enforcement services, security, level of safety, or activities undertaken by the SROs or the WRPD, or conditions resulting therefrom. No student, teacher, District employee, parent or other person, firm or entity shall be granted or have any private right of action, claim or civil liability remedy against any SRO individually, the WRPD, or the District,
or their respective officers, employees or agents, by virtue of this Agreement. Nothing in this
Agreement shall be construed to create any liability, or to waive any of the immunities, limitations on liability or other provisions of the Governmental Immunity Act, C.R.S. § 24-10-101 et seq., or to waive any immunities or limitations on liability otherwise available to the WRPD, the District,
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or their officers, employees, or agents.
ARTICLE XIV Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a complete and exclusive statement of those terms.
ARTICLE XV Counterparts; Electronic Signatures This Agreement may be signed in counterparts and/or electronically, and each counterpart shall
be deemed an original, and all the counterparts taken as a whole shall constitute one and the same
instrument. ARTICLE XVI Supersedes Previous Agreement
This Agreement replaces and supersedes in its entirety the Memorandum of Understanding Between the City of Arvada on Behalf of the Arvada Police Department and the Jefferson County R-1 School District for the Provision of School Resource Officers to R-1, as amended, dated July 21, 2016.
ARTICLE XVII Waiver The waiver of any breach of any provision of this Agreement by a Party hereto shall not
constitute a continuing waiver of any subsequent breach of said Party, for either breach of the
same or any other provision of this Agreement. ARTICLE XVIII Severability; Headings
In the event this Agreement or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the Parties will immediately begin negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the Parties.
The subject heading of the paragraphs of this Agreement are included for purposes of convenience
only and shall not affect the construction or interpretation of its provisions. ARTICLE XIX
Governing Law; Venue
This Agreement shall be governed by the laws of the State of Colorado and any legal action concerning the provision hereof shall be brought in Jefferson County, Colorado.
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[Signature Page is Next Page]
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WHEREFORE, the Parties have caused this Agreement to be executed upon the date first-stated above.
City of Wheat Ridge
_________________________________ ____________ Bud Starker, Mayor Date
JEFFERSON COUNTY R-1 SCHOOL DISTRICT
_________________________________ ____________ Tracy Dorland, Superintendent Date
ITEM NO: 8
DATE: February 26, 2024 REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 11-2024 – A RESOLUTION
AUTHORIZING THE MAYOR TO EXECUTE TWO AGREEMENTS WITH JEFFERSON COUNTY OPEN SPACE TO ACCEPT TRAILS PARTNERSHIP PROGRAM FUNDS IN THE AMOUNT OF $252,650 FOR IMPROVEMENTS AND STUDIES RELATED TO THE CLEAR CREEK TRAIL AND FOR $32,069 FOR REPLACING AND IMPROVING THE HAYWARD PARK WALKING TRAIL
PUBLIC HEARING ORDINANCES FOR 1ST READING
BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO
___________________________ _____________________________ Director of Parks & Recreation City Manager
ISSUE:
The City of Wheat Ridge was awarded $252,650 and $32,069 from two separate grant awards through the Jeffco Open Space (JCOS) Trails Partnership Program. The $252,650 award is 50% of the estimated cost for specific studies, designs, and improvements to the Clear Creek Trail. The $32,069 award is 25% of the estimated cost to replace the existing asphalt Hayward Park
walking trail with 8’ wide concrete.
To receive the funding, the City must accept the grant award by directing the Mayor to sign the attached Grant Agreement.
PRIOR ACTION:
Council passed Resolution 40-2023 on August 8, 2023 supporting these two funding applications plus a third application. The third application was also funded, but the agreement is not ready for approval, as it is more complex and involves the Mile High Flood District and the City of Denver.
Council Action Form – JCOS Trails Partnership Program Funding February 26, 2024
Page 2
FINANCIAL IMPACT: The Clear Creek Trail studies, improvements, and designs in the project are estimated to cost
$505,300. The JCOS funding reimburses up to 50% of that cost. The City will need to budget the
full $505,300 as expenses in the 2025 budget and $252,650 as grant revenue to complete the entire project in 2025.
The Hayward Park walking trail replacement expense is estimated to cost $128,276 and is already budgeted in the 2024 Open Space budget in 32-601-800-871. The JCOS funding
reimburses up to 25% of the project cost and that revenue is budgeted in 2024 in 32-520-00-564.
BACKGROUND: The Jefferson County Open Space Trails Partnership Program is funded by the Jefferson County Open Space tax and exists to fund trail projects in the county at either 25% of the project cost for local trails or 50% of the project cost for regional trails. Extensions and connections to the Clear
Creek Trail are generally considered part of the regional trail system.
The Clear Creek Trail system is heavily used and highly valued by Wheat Ridge residents as a regional trail within the Jefferson County trails plan. Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident Engagement Program affirms this. The 2021 resident survey showed that 2/3 of respondents used the Clear Creek Trail in the last year. Each of the
Let’s Talk Program’s focus neighborhoods have told the City that bicycle and pedestrian access
and safety to and around the Clear Creek Trail is a top tier issue.
The project components included in the Clear Creek Trail funding award include a feasibility study where the Clear Creek Trail meets Kipling Street to determine if a safe/managed crossing can be built at that intersection, improvements to the Clear Creek Crossing connector trail to the
main Clear Creek Trail, and engineering analysis and designs for improving the erosion issues at
four specific Trail locations: between I70 and the Clear Creek Crossing connector Trail, underneath the W. 44th Ave bridge, and 2 locations immediately east of the Charlie Brown bridge.
The Hayward Park walking trail is deteriorating and in need of a full replacement. JCOS’ local
trail standard is 8’-wide concrete and 2’-wide crusher fines shoulders on each side. This project
would replace the existing asphalt walking trail with a concrete trail that meets those above standards.
RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution to direct the Mayor to
sign the grant agreements to accept the two funding awards to eventually reimburse part of the
described trail project costs. RECOMMENDED MOTION: “I move to approve Resolution No. 11-2024, A resolution authorizing the mayor to execute two
grant agreements with Jefferson County Open Space to accept Trails Partnership Program funds
in the amount of $252,650 for improvements and studies related to the Clear Creek Trail and for $32,069 for replacing and improving the Hayward Park walking trail.”
Council Action Form – JCOS Trails Partnership Program Funding February 26, 2024
Page 3
Or,
“I move to postpone indefinitely Resolution No. 11-2024, A resolution authorizing the Mayor to
execute two grant agreements with Jefferson County Open Space to accept Trails Partnership Program funds in the amount of $252,650 for improvements and studies related to the Clear Creek Trail and for $32,069 for replacing and improving the Hayward Park walking trail for the following reason(s) __________________.”
REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager
ATTACHMENTS: 1. Resolution No. 11-2024 2. Trails Partnership Program Grant Agreement-WR CCT 3. Trails Partnership Program Grant Agreement-WR Hayward
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 11 Series of 2024
TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
TWO AGREEMENTS WITH JEFFERSON COUNTY OPEN
SPACE TO ACCEPT TRAILS PARTNERSHIP PROGRAM
FUNDS IN THE AMOUNT OF $252,650 FOR IMPROVEMENTS
AND STUDIES RELATED TO THE CLEAR CREEK TRAIL AND
FOR $32,069 FOR REPLACING AND IMPROVING THE
HAYWARD PARK WALKING TRAIL
WHEREAS, the City of Wheat Ridge was awarded two grants from the Jefferson County Open Space Trails Partnership Program in the amount of $252,650 for studies, designs, and improvements along the Clear Creek Trail and $32,069 for the design and construction of a trail replacement for the Hayward Park walking trail; and
WHEREAS, the City of Wheat Ridge has received information through resident engagement and resident committees that improvements to the Clear Creek Trail system, Wheat Ridge Greenbelt, and local parks are desired; and
WHEREAS, the acceptance of the two grants is subject to the condition of execution of the attached agreements.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The City Council hereby authorizes the Mayor to sign the grant agreements with Jefferson County Open Space.
Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 26th day of February 2024.
Bud Starker, Mayor ATTEST:
Steve Kirkpatrick, City Clerk
ATTACHMENT 1
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JEFFCO OPEN SPACE TRAILS PARTNERSHIP PROGRAM
GRANT TERMS AND CONDITIONS
1.GRANT PROJECT TERMS.
1.1. The Board of County Commissioners for the County of Jefferson, State of Colorado
(“County”) did duly adopt and pass Resolution No. CC24-035 awarding to
the City of Wheat Ridge (“Grantee”) a 2024 Jeffco Open Space (“JCOS”) Trails
Partnership Program Grant in the amount of $252,650.00 (“Grant”). The County and
Grantee may be individually referred to herein as a “Party” or collectively as the
“Parties.”
1.2. In consideration of its award of a Grant, Grantee agrees to abide by these Grant Terms
and Conditions (“Grant Terms”).
1.3. Grantee shall use the Grant for the project (“Project”) set out in its Trails Partnership
Program Grant Application dated 09/15/2023 (“Application”). Unless explicitly
modified herein, the Application is incorporated into these Grant Terms. The general
scope of the Project is:
This project addresses three of the highest priority Clear Creek Trail areas in Wheat
Ridge in regards to trail safety, long-term sustainable access, and connectivity:
1)Traffic and feasibility study at the intersection at Kipling and the Clear Creek
Trail to inform future design improvements.
2)Erosion mitigation and improvement designs adjacent to the Clear Creek Crossing
development.
3)Implementation of an improved design at the intersection of the Clear Creek Trail
and the Clear Creek Crossing connector trail.
1.4. Grantee will begin the Project within the current calendar year and complete the
Project by February 2026 (two years from award date), (the “Grant Period”). The
parties understand that the Project will be deemed to be completed by the delivery of a
traffic and feasibility report; erosion mitigation and improvement designs; and the
construction of an improved intersection at the Clear Creek Trail and the Clear Creek
Crossing connector trail. Any requested extension of the Grant Period will require
JCOS’s prior written approval, which it may deny or condition in its discretion.
1.5. The Grant is comprised of Jefferson County Open Space Sales Tax Funds and/or a
portion of the County’s share of the State of Colorado’s Conservation Trust Funds. For
example and without limiting the foregoing, the use of JCOS Sales Tax Funds is
limited to public open space, park, or recreation purposes pursuant to the 1972 Open
Space Enabling Resolution, as amended. Grantee understands and acknowledges it is
bound by the use restrictions of such Funds, as applicable.
ATTACHMENT 2
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1.6. Grantee shall manage the Grant funds in accordance with applicable laws, regulations,
permitting requirements, these Grant Terms, and JCOS’s Policies, Procedures, and
guidelines, as they may be amended from time to time.
1.7. Additional Grant Project Terms. Without limiting the foregoing, the following
specific Grant terms also apply to the Grant funds and the Project:
1.7.1. ______________________________
1.7.2. _______________________________
2. PAYMENT OF GRANT FUNDS.
2.1. After review and approval of documentation submitted by Grantee establishing to
JCOS’s satisfaction that 50% of the cost of the Project has been completed, JCOS shall
remit 50% of the Grant funds to Grantee pursuant to wiring instructions provided to
JCOS.
2.2. After Project completion Grantee shall provide JCOS a summary of the Project that at
minimum includes a written narrative, photos and/or illustrations, and a summary of
expenditures. After review and approval of this information and any other relevant
documentation it may require, JCOS shall remit the remaining 50% of the Grant funds
to Grantee pursuant to wiring instructions provided to JCOS.
2.3. In lieu of the payment terms set forth in paragraphs 2.1 and 2.2 above, in its discretion
JCOS may agree to an alternate payment schedule. In that event the terms of the
alternate payment schedule shall be attached to these Grant Terms as an Addendum.
3. COMMUNICATION; REPORTS; RECORDS.
3.1. Grantee and JCOS shall each appoint one individual to act as principal contact person
for notices and other communications concerning the Grant and the Project. The initial
appointees are:
Grantee (name, email, phone): Brandon Altenburg, baltenburg@ci.wheatridge.co.us,
(303) 231-1307
JCOS: Emily Guffin; eguffin@jeffco.us; (303) 271-5946
Grantee or JCOS may change its contact person at any time by written notice to the
other Party.
3.2. On a quarterly basis Grantee shall provide JCOS with a written Project report that at
minimum describes the status of the Project and provides an accounting of Grant fund
expenditures.
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3.3. Grantee shall maintain its books and records in a manner that will provide JCOS with
sufficient detail to review Grantees receipts and expenditures relating to the Grant.
Grantee shall make such records available for review by JCOS upon reasonable notice
during the Grant Period and for two years thereafter.
4. DONOR RECOGNITION; PUBLICITY. Grantee agrees to adhere to the JCOS Funding
Recognition Guide attached as Exhibit A to appropriately acknowledge a contribution from
the Trails Partnership Program to complete the Project.
5. PROJECT CHANGES. Grantee shall notify JCOS if Grantee determines in good faith that
because of changed circumstances it is no longer possible for the Grant to serve its original
purpose. In that case, and upon JCOS’s prior written approval, Grantee may use the
remaining Grant funds on a public open space, park, or recreation project or projects in line
with both Grantee’s and JCOS’s mission. The Parties shall execute an amendment to these
Grant Terms addressing any such Project change and these Grant Terms, as amended, shall
apply to and govern the new or revised Project.
6. NONCOMPLIANCE. Grantee understands and acknowledges that noncompliance with
these Grant Terms may result, for example, in JCOS requiring the return of all or a portion of
the Grant funds and/or Grantee’s ineligibility for future Trails Partnership Program grant
funds.
7. MISCELLANEOUS TERMS.
7.1. No Assumption of Liabilities. By providing the Grant and completing the Project
neither Party is assuming any liability for the acts or omissions of the other Party or
any third party. Grantee shall indemnify and hold the County harmless from any loss
that the County may incur as a result of any third party’s claim which is in any way
related to the Grant or the Project.
7.2. No Employment Relationship. By providing the Grant and completing the Project or
by execution or acceptance of these Grant Terms, neither Party is acting as an agent,
servant, or employee of the other Party.
7.3. No Third-Party Beneficiaries. The Parties agree the Grant and these Grant Terms is
only intended to cover the relative responsibilities of the Parties and no third party
beneficiaries are intended.
7.4. Governmental Immunity. Nothing associated with the Grant or contained in these
Grant Terms shall give or allow any claim or right of action by any third party, nor
shall anything contained herein be construed as a waiver of the right of the Parties to
assert all defenses and limitations on liability provided by law including, without
limitation, the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., and
the Owners of Recreational Areas Act, §33-41-101, et seq., C.R.S., or any successor
acts or provisions.
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7.5. Officials Not to Benefit. No elected or employed member of either Party shall be paid
or receive, directly or indirectly, any share or part of the Grant or any benefit that may
arise therefrom.
7.6. Electronic Signatures. These Grant Terms may be signed electronically. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act,
C.R.S. §24-71.3-101 through §24-71.3-121.
7.7. Waiver. The failure of JCOS to object to Grantee’s use of the Grant funds or
noncompliance with these Grant Terms shall not be deemed a waiver.
The undersigned, on behalf of Grantee, hereby agrees to abide by these Grant Terms.
GRANTEE:
_________________
By______________________________
Name___________________________
Title____________________________
Date:___________________________
JCOS Acceptance:
By______________________________
Name___________________________
Title____________________________
Date:___________________________
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JEFFCO OPEN SPACE TRAILS PARTNERSHIP PROGRAM
GRANT TERMS AND CONDITIONS
1.GRANT PROJECT TERMS.
1.1. The Board of County Commissioners for the County of Jefferson, State of Colorado
(“County”) did duly adopt and pass Resolution No. CC24-035 awarding to the City of Wheat Ridge (“Grantee”) a 2024 Jeffco Open Space (“JCOS”) Trails Partnership Program Grant in the amount of $32,069.00 (“Grant”). The County and Grantee may be individually referred to herein as a “Party” or collectively as the
“Parties.”
1.2. In consideration of its award of a Grant, Grantee agrees to abide by these Grant Terms and Conditions (“Grant Terms”).
1.3. Grantee shall use the Grant for the project (“Project”) set out in its Trails Partnership
Program Grant Application dated 09/06/2023 (“Application”). Unless explicitly modified herein, the Application is incorporated into these Grant Terms. The general scope of the Project is:
This project replaces the existing 6-ft wide asphalt trail within Hayward Park with 8-
ft wide, 6-in thick concrete (with fiber mesh and sawcut joints), as well as a 2-ft crusher fines shoulder on both sides.
1.4. Grantee will begin the Project within the current calendar year and complete the
Project by February 2026 (two years from award date), (the “Grant Period”). The parties understand that the Project will be deemed to be completed by the construction of an 8’ wide concrete trail in Hayward Park. Any requested extension of the Grant Period will require JCOS’s prior written approval, which it may deny or condition in its discretion.
1.5. The Grant is comprised of Jefferson County Open Space Sales Tax Funds and/or a portion of the County’s share of the State of Colorado’s Conservation Trust Funds. For example and without limiting the foregoing, the use of JCOS Sales Tax Funds is limited to public open space, park, or recreation purposes pursuant to the 1972 Open
Space Enabling Resolution, as amended. Grantee understands and acknowledges it is bound by the use restrictions of such Funds, as applicable.
1.6. Grantee shall manage the Grant funds in accordance with applicable laws, regulations, permitting requirements, these Grant Terms, and JCOS’s Policies, Procedures, and
guidelines, as they may be amended from time to time.
1.7. Additional Grant Project Terms. Without limiting the foregoing, the following specific Grant terms also apply to the Grant funds and the Project:
ATTACHMENT 3
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1.7.1. ______________________________ 1.7.2. _______________________________
2. PAYMENT OF GRANT FUNDS. 2.1. After review and approval of documentation submitted by Grantee establishing to JCOS’s satisfaction that 50% of the cost of the Project has been completed, JCOS shall
remit 50% of the Grant funds to Grantee pursuant to wiring instructions provided to JCOS. 2.2. After Project completion Grantee shall provide JCOS a summary of the Project that at minimum includes a written narrative, photos and/or illustrations, and a summary of
expenditures. After review and approval of this information and any other relevant documentation it may require, JCOS shall remit the remaining 50% of the Grant funds to Grantee pursuant to wiring instructions provided to JCOS. 2.3. In lieu of the payment terms set forth in paragraphs 2.1 and 2.2 above, in its discretion
JCOS may agree to an alternate payment schedule. In that event the terms of the alternate payment schedule shall be attached to these Grant Terms as an Addendum. 3. COMMUNICATION; REPORTS; RECORDS.
3.1. Grantee and JCOS shall each appoint one individual to act as principal contact person for notices and other communications concerning the Grant and the Project. The initial appointees are:
Grantee (name, email, phone): Brandon Altenburg, baltenburg@ci.wheatridge.co.us,
(303) 231-1307 JCOS: Emily Guffin; eguffin@jeffco.us; (303) 271-5946 Grantee or JCOS may change its contact person at any time by written notice to the
other Party.
3.2. On a quarterly basis Grantee shall provide JCOS with a written Project report that at minimum describes the status of the Project and provides an accounting of Grant fund expenditures.
3.3. Grantee shall maintain its books and records in a manner that will provide JCOS with sufficient detail to review Grantees receipts and expenditures relating to the Grant. Grantee shall make such records available for review by JCOS upon reasonable notice during the Grant Period and for two years thereafter.
4. DONOR RECOGNITION; PUBLICITY. Grantee agrees to adhere to the JCOS Funding Recognition Guide attached as Exhibit A to appropriately acknowledge a contribution from the Trails Partnership Program to complete the Project.
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5. PROJECT CHANGES. Grantee shall notify JCOS if Grantee determines in good faith that because of changed circumstances it is no longer possible for the Grant to serve its original
purpose. In that case, and upon JCOS’s prior written approval, Grantee may use the remaining Grant funds on a public open space, park, or recreation project or projects in line with both Grantee’s and JCOS’s mission. The Parties shall execute an amendment to these Grant Terms addressing any such Project change and these Grant Terms, as amended, shall apply to and govern the new or revised Project.
6. NONCOMPLIANCE. Grantee understands and acknowledges that noncompliance with these Grant Terms may result, for example, in JCOS requiring the return of all or a portion of the Grant funds and/or Grantee’s ineligibility for future Trails Partnership Program grant funds.
7. MISCELLANEOUS TERMS. 7.1. No Assumption of Liabilities. By providing the Grant and completing the Project neither Party is assuming any liability for the acts or omissions of the other Party or
any third party. Grantee shall indemnify and hold the County harmless from any loss that the County may incur as a result of any third party’s claim which is in any way related to the Grant or the Project. 7.2. No Employment Relationship. By providing the Grant and completing the Project or
by execution or acceptance of these Grant Terms, neither Party is acting as an agent, servant, or employee of the other Party. 7.3. No Third-Party Beneficiaries. The Parties agree the Grant and these Grant Terms is
only intended to cover the relative responsibilities of the Parties and no third party
beneficiaries are intended. 7.4. Governmental Immunity. Nothing associated with the Grant or contained in these Grant Terms shall give or allow any claim or right of action by any third party, nor
shall anything contained herein be construed as a waiver of the right of the Parties to
assert all defenses and limitations on liability provided by law including, without limitation, the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., and the Owners of Recreational Areas Act, §33-41-101, et seq., C.R.S., or any successor acts or provisions.
7.5. Officials Not to Benefit. No elected or employed member of either Party shall be paid or receive, directly or indirectly, any share or part of the Grant or any benefit that may arise therefrom.
7.6. Electronic Signatures. These Grant Terms may be signed electronically. All use of
electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §24-71.3-101 through §24-71.3-121.
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7.7. Waiver. The failure of JCOS to object to Grantee’s use of the Grant funds or noncompliance with these Grant Terms shall not be deemed a waiver.
The undersigned, on behalf of Grantee, hereby agrees to abide by these Grant Terms. GRANTEE: _________________
By______________________________ Name___________________________
Title____________________________ Date:___________________________
JCOS Acceptance: By______________________________ Name___________________________
Title____________________________ Date:___________________________