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HomeMy WebLinkAbout05-13-2024 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO May 13, 2024 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on May 13, 2024) 3. Virtually attend and participate in the meeting through a device or phone: • Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on May 13, 2024) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES Study Session Notes, April 15, 2024 City Council Meeting Minutes, April 22, 2024 Special Study Session Notes, April 22, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Mental Health Month 2. Proclamation – National Police Week & National Peace Officers Memorial Day 3. Proclamation – National Public Works Week 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. CONSENT AGENDA None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill No. 07-2024 – an ordinance amending Sections 11-51, 11-52.5, 11-53, 11- 53.5, 11-55, and 11-56 of the Wheat Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith ORDINANCES ON FIRST READING 2. Council Bill No. 08-2024 – an ordinance approving the rezoning of property located at 10840 W. 41st Place from Agricultural-One (A-1) to Residential-One B (R-1B) 3. Council Bill No. 09-2024 – an ordinance approving the rezoning of property located at Parcel ID 39-193-01-010 from Agricultural-One (A-1) to Industrial-Employment (I-E) DECISIONS, RESOLUTIONS, AND MOTIONS 4. Resolution No. 24-2024 – a resolution approving a temporary revocable access license agreement with 44th & Wadsworth, LLC. 5. Motion to award a contract and approve subsequent payment of $125,212.50 to CEM Sales and Service for replacement of lap pool filters at the Wheat Ridge Recreation Center 6. Resolution No. 25-2024 – a resolution authorizing the Mayor to execute an agreement for open space reverter release with Jefferson County, moving an existing reverter from Town Center Park to the Green at 38th 7. Resolution No. 26-2024 – a resolution initiating a legislative zone change for the Lutheran Legacy Campus 8. Motion to approve payment to Bank of Oklahoma for 2024 principal and interest payments in the amount of $3,499,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bond, Series 2017A CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting April 15, 2024 1. Call to Order Mayor Starker called the Study Session to order at 6:30 p.m. 2. Attendance Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larson, Janeece Hoppe, and Rachel Hultin. Also present: City Manager, Patrick Goff; Director of Community Development, Lauren Mikulak; Park and Recreation Director Karen O’Donnell; Sr. Deputy City Clerk Margy Greer; Grant and Special Project Administrator, Brandon Altenburg; Senior Neighborhood Planner, Ella Stueve; Director of Public Works, Maria D’Andrea; Neighborhood Engagement Specialist, Ashley Holland, other staff and interested residents. 3. Public’s Right to Speak (Via Zoom) Kelly Blynn, resident, spoke to the Council about 2J projects and appreciated the plan including multi-model transportation; how the Advisory Committee may be able to help with future grant funds; appreciates the sidewalk plans for completing gaps; and hopes their group can have some input into the projects. (In Person) Katie Zyback, resident, and School Accountability Committee member, thanked the Council and staff for being responsive to the elementary kids’ input on the plans for The Green in front of Stevens Elementary. She encouraged Council, staff, and the community to be part of the conversation and brainstorming with the school as the project moves forward. She stated she realizes that the changes to the infrastructure will require changes in behavior and practices at the school. She encouraged the conversation to continue between the City and the school. Wheat Ridge Speaks: There were no public comments from Wheat Ridge Speaks. 4. Colorado School of Mines Creekside Park Hill Stabilization Project Issue: - The hill along the south and southeast edge of Creekside Park regularly has minor landslides that push debris onto the Clear Creek Trail and into Creekside Park. Drainage from the hill also results in the Trail becoming icy in the winter. Throughout the 2023-2024 academic year, a Colorado School of Mines Capstone Project student team has analyzed the current state of the hill and provided recommendations and cost estimates for improving the ongoing stability, drainage, and sliding issues related to the hill. Staff Reports Grant and Special Project Administrator, Brandon Altenburg, introduced seven students from the School of Mines who gave a detailed PowerPoint presentation on the work they had done over the last two semesters regarding the drainage, pond and stabilization project Creekside Park. The project is a School of Mines’ capstone program which is a required course for School of Mines students to graduate. The course covers two semesters and prospective “clients” can submit projects to request that a student team be assigned to work on their project. Government entities do not have to pay a fee to participate in the program. The Parks and Recreation Department submitted the Creekside Park Hill Stabilization project in 2023 to this program, and it was selected and assigned to this student team. City staff, industry technical advisors, and faculty have worked with the students throughout the past nine months. Students gave a PowerPoint presentation showing: Background (Site Location, Scope of Work, Project Goals); Site Data Collection (Geotechnical Analysis, Topographic Analysis, Water Testing); Design Narrative (Decision Matrix, Proposed Solutions); Engineering Analysis and Calculations (Revegetation Analysis, Hydrology Calculations); Technical Drawings (Drainage Ditch, Detention Pond, Details) Cost Estimate; and a Conclusion and Summary, including Next Steps. It was explained that the student work cannot be accepted as official engineering plans because certified engineers need to develop and “stamp” the work. The student work can be provided to a professional engineering firm as baseline work and guidance to develop stamped plans. The goal is for this work to be a foundation for including this project in a future budget year to fund a professional firm to design and implement an improvement project. The aim is for the eventual work to eliminate or reduce the minor landslides and icing issues while also proactively addressing the hill’s drainage and stability to prevent a potential larger and more impactful slides. Council Comments Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with the students including expressing their thanks for the staff efforts on this issue. A further discussion took place regarding the practical operation, legal requirements, and need to act on the project. 5. City Plan Status Update Issue - The purpose of this study session was to provide City Council with an update on the City Plan planning process, including public engagement and preliminary findings from the existing conditions analysis completed thus far. Included in the Council Agenda Packet was additional information from czb, the professional planning firm the City hired in December of 2023 to lead the community and staff through the plan process. Staff Reports Senior Neighborhood Planner, Ella Stueve Lauren, stated she was the project manager for the City Plan and introduced associates from czb. Eric Ameigh and Matt Ingalls were on hand for the presentation. A PowerPoint Presentation was presented by czb which included introductions of the czb staff; the elements of a successful plan; process and timeline and focusing on the “Big Things.” Mr. Ingalls stated that to produce a great plan, it’s important to get the big things right, plan for what is known and creates a decision-making framework for what is unknown. He further stated that a great plan focuses on what Council says “YES” to. The PowerPoint included the different aspects of community engagement in the process which included online surveys; in-person events, project webpage and targeted intercepts with certain groups, and What’s Up Wheat Ridge’s open house. Additional items in the status update included Timeline; Steering Committee; Public Process; Communication, Existing Conditions, and Next Steps. Mr. Ingalls continued by asking Council for their input on what the “Big Things” should include. He showed a slide of some of the things mentioned by the community at their first Steering Committee Meeting that they wished to include in the plan. Council Comments CM Hultin stated she was excited about the plan. Hultin stated the City needed a new motto. One that the entire plan into it, a distinct identity and all that comes from that. She stated the City motto needed to transition away from the reputation of a bedroom community but instead a destination place. CM Weaver agreed with CM Hultin stating that this is an opportunity to connect all that is Wheat Ridge including gardening. farmers, green space, and a sustainable environment. She stated it is an opportunity to get ahead of things and have a different identity from Denver and connect everything that is Wheat Ridge. She stated a new motto was a great idea. CM Hoppe stated that the private sector has been doing a lot of the work along 38th Avenue, repurposing old buildings and refreshing the corridor. She wanted to be sure to see how the City can engage with local businesses in the process and ensure they are being supported as well. She stated that she didn’t think the entire City needed to be uniform, that the patchwork quilt may work best for the community. She stated she supported a new motto and wanted to be sure the new plan supported Wheat Ridge as a playful place as well. CM Dozeman stated she wanted to ensure that the plan includes attracting local businesses and a diverse range of housing. She stated the medium age in Wheat Ridge continues to decrease and she wants to be sure to support the new young families moving into the City. She suggested when making infrastructure improvements that the power lines get undergrounded. She also stated she wanted to see continued investment along the 44th Avenue Corridor. MPT Stites agreed with CM Hultin and wants to ensure the plans are very implementable. He stated that Wheat Ridge became a bedroom community many years ago and the plan should be scalable to Wheat Ridge. He promoted diversity in terms of retail businesses and being sure to invest in the long term. CM Ohm stated he wanted to look at Wheat Ridge as if it were a clean slate and see what a 32,000 population, standing alone, needs. He stated diversification is needed, long term sustainable plans are needed; and creating special spaces on different scales is needed. CM Larson commended czb on the initial report. He stated that if Council focuses on the big things, then everything else will fall into place. It’s important to keep in mind the larger city in terms of traffic, pass through traffic, busy streets, and more to come. He stated that plans need to be made to keep things from deteriorating as the City moves forward. CM Snell stated that CM Ohm had mentioned that Council wants to be sure Wheat Ridge is a place where everyone feels welcome. Families of all different types want to live here, and business owners should not be targeted with hateful threats. She stated she would like to see that theme permeate throughout the process and ensure everyone’s opinion are included in the planning process. CM Hultin stated that Wheat Ridge is no longer a bedroom community, but a destination place where people can bring their ideas and make things happen. Being able to see Wheat Ridge through a fresh set of eyes and seeing the possibility for a new future, finding ways to get innovative with existing assets and creating fun and imaginative spaces should be incorporated in the plan. Mayor Starker stated there is a need to recognize that some people come to Wheat Ridge and stay a long time. He stated the need to reach out to all parts of the community and make a place for them in the plan. The planning document is an investment in their future. Mr. Ingalls stated that next steps is to take what they heard from Council and ensure it is being framed correctly. Those will be passed on to staff and be sure these items are prioritized in the plan. There will be trade-offs and some of the items the plan may not be able to say “YES” to, but the Big Things regarding development and its implications, character of the community, creating special places, and others and others will be implementable. He stated that the next steps are the April 16th Kick Off Meeting at the Recreation Center, Round 2 of the Engagement Process will be focusing on developing the framework. Land use and mobility framework are priority focus areas. 6. City of Wheat Ridge – 2J Sales Tax Extension Project Discussion Issue - In November 2023, Wheat Ridge residents favorably supported an extension of a ½ cent temporary sales and use tax to be used for the following capital infrastructure projects: • Sidewalk, bike lane and street improvements on primary street corridors such as 32nd Ave., 38th Ave., 44th Ave, and Youngfield Street; and • Filling sidewalk gaps and other sidewalk repair and replacement with an emphasis on major pedestrian corridors and routes to schools; and • Drainage and floodplain infrastructure improvements at priority locations in the city. Feedback from the community over the last several years, the bi-annual citizen survey, as well as the January 2023 City Council retreat formed the basis for these major project themes. Staff Reports City Manager Patrick Goff opened the discussion by reminding Council of the 2J Sales Tax Extension and turned the presentation over to Maria D’Andrea, Director of Public Works, to talk about the upcoming projects which will be partially funded by the sales tax extension. Ms. D’Andrea stated that staff has considered other funding sources available for the specific projects, state and grant funding opportunities, staff capacity, as well as projects that span multiple council districts. Staff also prioritized projects that residents directly identified as being a top priority in the surveys. The emergency stormwater repairs, together with the estimated costs for the corridor, sidewalks, and bikeways projects, exceeds $234 million. It is hoped that grants will provide additional resources to allow for design and construction of some of these improvements. She gave a PowerPoint presentation showing the many projects stating the cost estimates for each are conservative. The projects and estimated costs for drainage improvements were developed at a very high level since the Stormwater Master Plan has just begun. Given the anticipated costs of the Stormwater Program, staff is recommending that only emergency stormwater repairs be funded with the sales and use tax revenue. The project themes were Corridors, Sidewalks & Bikeways, and Drainage. Items discussed in the presentation included: Street Corridors; 38th West Complete Streets Project; 38th East “Refresh” Project; Tabor Street Multi-Modal Improvements Project; Sidewalks and Bikeways; Floodplain & Drainage; Financial Impact; and Project Schedule. Specific projects included sidewalk gap repairs, ADA ramp replacement, bike- pedestrian, citizens’ requests, traffic calming devices, trail completion, and safe routes to parks. Ms. D’Andrea finished the presentation by seeking City Council confirmation on the proposed list of projects as well as the planned approach to implementation and stood by to answer questions. City Council Comments Several CM and the Mayor thanked Maria D’Andrea for her informative presentation. CM Ohm suggested seeking federal grant opportunities, partnering with Jeffco and other ideas for improving bike ways around Crown Hill or perhaps adding some signage regarding parking. CM Dozeman asked if staff would also do a qualitative assessment, not just a quantitative assessment of the needs. Sidewalk priorities should include where the most people walk, ride, and walk their dogs. CM Snell asked about the citizen’s requests were received. Maria D’Andrea stated that one came directly to her, and one came through a public meeting, CM Hultin stated she was excited to see how the investment shows up and translates into these projects. She stated that 38th and 36th Avenues need to be invested in and questions why some areas were slated for sidewalks, and some weren’t. She listed areas that need improvement. CM Hultin also spoke to funding opportunities through CDOT and other grants which would help leverage the costs. 7. Staff Reports None. 8. Elected Officials’ Report(s) Mayor and Council Members reported on their various activities including ribbon cutting ceremonies, their attendance at other agency meetings, and items of personal interest. 9. Adjournment Mayor Starker adjourned the meeting at 8:43 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk ________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  April 22, 2024 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. 1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Amanda Weaver, Korey Stites, and Dan Larson Absent: Janeece Hoppe and Leah Dozeman A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; City Clerk Steve Kirkpatrick; Sr. Deputy City Clerk Margy Greer; Director of Public Works Maria D’Andrea; Police Chief Chris Murtha, Director of Parks and Recreation Karen O’Donnell, Grant and Special Project Administrator Brandon Altenburg, other staff, guests and interested citizens. 4. Approval of Minutes • Study Session Notes of February 5, 2024, March 18, 2024, April 1, 2024 • Special Study Session Notes of March 25, 2024, April 8, 2024 • City Council Meeting Minutes of March 25, 2024, and April 8, 2024 The April 8, 2024, Special Study Session Notes were amended to correct a typographical error. All others were accepted as presented. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Proclamation – Asian American and Pacific Islander Month Mayor Starker proclaimed the month of May 2024 “Asian American and Pacific Islander Heritage Month” where generations of Asian American and Pacific Islanders of all backgrounds have been inspirational examples of leaders and trailblazers and have a longstanding history of making significant cultural, economic and scientific contributions across the United States. 7. Proclamation - Municipal Clerks Week Mayor Starker proclaimed the week of May 5-11, 2024, as “Municipal Clerks Week” in the City of Wheat Ridge, where the Office of the Municipal Clerk is the oldest among public servants and provides the professional link between the community members, the local governing bodies, and agencies of government at other levels. The Mayor presented the written proclamation to Steve Kirkpatrick, City Clerk. Mr. Kirkpatrick spoke a few words about being City Clerk, its functions, and thanked Mayor and Council for the proclamation. 8. Public’s Right to Speak Sam Greenberg, representing Senator Brittany Petterson, spoke about her ability to secure federal appropriations of $10 million, which includes $2 million award to Wheat Ridge for their affordable housing program. He stated that Senator Petterson continues to work on gender biases regarding scarce products and strives hard to connect people with assistance through federal funding. He encouraged people to contact her office through the website with any needs they may have regarding federal assistance. Wheat Ridge Speaks: No comments from Wheat Ridge Speaks. 9. Consent Agenda CM Ohm introduced the consent agenda and read each Item and Issue Statement into the Record: a. Resolution No. 16-2024 – a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation for the re- appropriation of 2023 Fiscal Year encumbered funds in the amount of $415,911.71. Issue On February 26, 2024, Council approved the re-appropriation of 105 open purchase orders from the 2023 budget for a total re-encumbrance of $14,676,888.46. Three of those 105 purchase orders incurred payments in 2024 prior to the carryover, but the amount was not reflected in the re-encumbrance amount. As a result, the three purchase orders are now short of funds in the amount of the payment that was made. To continue or close out these projects in 2024, a supplemental budget appropriation in the amount of $415,911.71 is necessary to allow transfer of these funds into specific budget line items in the 2024 Budget. b. Resolution No. 17-2024 – a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $75,000 for the purpose of accepting a grant from the Colorado Department of Local Affairs Emergency Solutions Grant Program. Issue In late 2023, the Wheat Ridge Homeless Navigation Program was awarded $75,000 by the Colorado Department of Local Affairs through its Emergency Solutions Grant (ESG) application, with funds to be released in April 2024. ESG is a federal, HUD-administered program, now supplemented with Proposition 123 funds. The grant award will be used to support the Navigation Program’s outreach and motel vouchering efforts. c. Resolution No. 18-2024 – a resolution authorizing the Mayor to execute an Intergovernmental Agreement with the City of Denver for management of a feasibility study to construct an off-street trail between Creekside Park and W. 52nd Ave. Issue The City received a grant from the Jefferson County Open Space (JCOS) Trails Partnership Program for a trail feasibility study. The study will focus on the area between Creekside Park in Wheat Ridge and W. 52nd Avenue that is the border between Denver and Jefferson Counties to determine if an off-street trail connection is possible in this area to link together the existing Clear Creek Trail. Wheat Ridge will be accepting the Trails Partnership funding so an intergovernmental agreement with Denver is required to outline the terms associated with the management of this project. d. Resolution 19-2024 – a resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept a trails grant in the amount of $45,000 for a feasibility study in partnership with the City of Denver. Issue The City of Wheat Ridge was awarded $45,000 through the Jefferson County Open Space (JCOS) Trails Partnership Program. The $45,000 award is 50% of the estimated cost for a feasibility study of the area between Creekside Park in Wheat Ridge and W. 52nd Avenue that is the border between Denver and Jefferson Counties to determine if an off-street trail connection is possible in this area to link together the existing Clear Creek Trail. To accept the grant and receive the funding, the City Council must direct the Mayor to sign the grant agreement. e. Motion to appoint members to the Board of Adjustment Issue Section 2.53(e) of the City of Wheat Ridge Code of Laws states “…any board or commission member who shall change their personal residence to an address outside the city or the district they represent shall cease to be a member of the board or commission…” Betty Jo Page was previously appointed to a District I seat on the Board of Adjustment. She has since moved into District II. She was removed from the Board, and she has re-applied for a District II seat. Thomas Burney who holds a District II seat is a resident of District IV. Staff is requesting to appoint Betty Jo Page to the District II seat currently occupied by Thomas Burney and to appoint Thomas Burney to the vacant District IV seat. This will place both members in the districts in which they reside. This will leave a vacancy in District I for which staff will recruit. f. Motion to approve the contract with OpenGov for the permitting and licensing system in the amount of $137,933.31. Issue In 2021, City Council determined a priority of the City must be to streamline permitting and licensing to assist the business community in working with Wheat Ridge and provide greater customer service. Following a two-year evaluation period of systems and existing business processes, the City has selected five systems to drive efficiency and modernize business practices. The second system to be purchased and implemented is OpenGov which will facilitate permitting and licensing for our contractors as well as improving code enforcement visibility. CM Ohm made a motion to approve the Consent Agenda Items 1a through 1f, inclusive. It was seconded by MPT Stites. Vote: 6-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 10. Council Bill No. 06-2024 – an ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning Public Hearing Letter Notice CM Hultin introduced Council Bill 06-2024 and read the Issue Statement into the Record: Issue Prior to the public hearing for a quasi-judicial application, the zoning code currently requires that the City send letter notice of the hearing to owners and occupants within 600 feet of the subject property. The proposed ordinance extends this letter notice to 1000 feet. The Mayor opened the public hearing which was not a quasi-judicial matter. Staff Presentation Lauren Mikulak, Community Development Director, gave a brief presentation which included the background where the letter notice for public hearings was expanded from 300 to 600 feet in October 2020. The change aligned the distance for public hearing notice with the distance used for neighborhood meetings which was historically 600 feet. In November 2021, letter notice was expanded to include owners and occupants for neighborhood meetings and public hearings. She stated that the Board of Adjustments will also make the mailing requirements 1000 feet. The new ordinance amends the letter notice from 600 to 1000 feet for neighborhood meetings and public hearings. Public Comment None. Council Comments CM Hultin stated she appreciated her colleagues and staff working toward this great solution. MPT Stites stated he would be supporting the resolution. The Mayor closed the public hearing. CM Hultin made a motion to approve Council Bill No. 06-2024, an ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning Public Hearing Letter Notice on second reading, order it published, and that it takes effect t fifteen (15) days after final publication. It was seconded by MPT Stites. Vote: 6-0. The motion carried. 11. Resolution No. 20-2024 – a resolution adopting a first amendment to a cooperation agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge providing for an extension of a sales tax sharing agreement with U.S. Retail Partners in an amount not to exceed $2,000,874 or fifteen years from the original agreement date. CM Weaver introduced Resolution No. 20-2024 and read the Issue Statement into the Record: Issue U.S. Retail Partners, LLC (the “Developer”) redeveloped the vacant Walmart retail building within the Applewood Village Shopping Center in 2019 which resulted in new retailers such as Hobby Lobby, HomeGoods, Sierra Trading Post, Ulta, Eyeglass World and Chick-fil-A. To assist in the redevelopment, the City and the Wheat Ridge Urban Renewal Authority, dba Renewal Wheat Ridge (RWR) entered into a Cooperation Agreement dated May 13, 2019, which authorized the City to pledge a 1.0 cent sales tax increment to the project for a period of five years up to a maximum amount of $2,000,874. The sales tax pledge will expire in 2024. Due to the emergence of the COVID crisis shortly after the new retailers opened, and other economic factors, the sales tax pledge is estimated to generate only $390,471, well short of the $2,000,874 originally estimated by revenue modeling. The Developer has requested an extension of the sales tax pledge for another ten years, without amending the maximum sales tax pledge of $2,000,874. The Mayor opened the public hearing, which was not a quasi-judicial matter. Staff Presentation City Manager Patrick Goff gave a brief history and timeline of the activities leading up to the request to extend the agreement. He stated the result is that the economic value of the agreement is approximately $3.7 million less than anticipated which is negatively impacting the operation and future investments of the shopping center. If the Cooperation Agreement is amended to extend the sharing of the sales tax by another ten years up to a maximum of $2,000,874, the economic value of the agreement will only be $2.6 million less than anticipated. Public Comment None. Council Comments None The Mayor closed the public hearing. CM Weaver made a motion to approve Resolution 20-2024 – a resolution adopting a First Amendment to a Cooperation Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority, dba Renewal Wheat Ridge providing for an extension of a sales tax sharing agreement with U.S. Retailer Partners in an amount not to exceed $2,000,874 or fifteen years from the original agreement date. It was seconded by CM Ohm. Vote: 6-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 12. Council Bill No. 07-2024, an ordinance amending Sections 11-51, 11-52.5, 11- 53, 11-53.5, 11-55, and 11-56 of the Wheat Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith. MPT Stites introduced Council Bill 07-2024 and read the Issue Statement into the Record. Issue The City has an eight-member, Council appointed Liquor Licensing Authority (LLA) that is vested with the authority to grant and refuse liquor licenses and other types of applications and permits, and hold show cause hearings for alleged violations, all in the manner provided by law. Over the past few years, the eight-member board has struggled at times to reach a quorum, delaying Wheat Ridge businesses from obtaining licenses and other resolutions in a timely manner. Staff Presentation None. Public Comment None. Council Comments None. MPT Stites made a motion to approve Resolution No. 07-2024- An Ordinance amending Sections 11-51, 11-52.5, 11-53, 11-53.5, 11-55, and 11-56 of the Wheat Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith on first reading, order it published, public hearing set for Monday, May 13, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers and that it take effect 15 days after final publication. It was seconded by CM Ohm. Vote: 6-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 13. Resolution No. 21-2024 – a resolution amending the 2024 Fiscal Year Capital Improvement Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $1,000,000 and expressing the intent of the City to be reimbursed from future sales and use tax revenue bonds for certain expenses related to emergency storm sewer repairs. MPT Stites introduced Resolution 21-2024 and read the Issue Statement into the Record. Issue In November 2023, Wheat Ridge citizens favorably supported an extension of a ½ cent temporary sales and use tax to be used for constructing sidewalk gaps, sidewalk, bike lane, roadway, and drainage improvements. Recent storm sewer pipe failures have resulted in the need to access funds for these repairs. As bonds for these improvements will likely not be issued until the fall of 2024, at the earliest, it is necessary to declare the City’s intent to use bond proceeds for these improvements and, when financing occurs, to be reimbursed with proceeds from the bonds for these expenditures. Staff Presentation City Manager Patrick Goff spoke briefly about emergency storm water repairs. The resolution allows the utility to borrow from the CIP Budget and states the reimbursement for same. Public Comment None. Council Comments None. MPT Stites made a motion to approve Resolution 21-2024 – a Resolution amending the 2024 Fiscal Year Capital Improvement Program Budget to reflect the approval of a supplemental budget appropriation in the amount of $1,000,000 and expressing the intent of the City to be reimbursed from future sales and use tax revenue bonds for certain expenses related to emergency storm sewer repairs, seconded by CM Ohm. Vote: 6-0. The motion carried. 14. Resolution No. 22-2024 – a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $115,000 for the purpose of approving an Intergovernmental Agreement with the City and County of Denver concerning the Urban Area Security Initiative. CM Larson introduced Resolution 22-2024 and read the Issue Statement into the Record. Issue State of Colorado received an Urban Area Security Initiative (UASI) grant award for approximately $504,588 to purchase a mobile command post vehicle for the City of Wheat Ridge Police Department. Wheat Ridge is responsible to appropriate a 20.1% match of funds and to approve an Intergovernmental Agreement (IGA) with the City and County of Denver to receive the mobile command post vehicle. The grant award amount may increase or decrease slightly before the vehicle is delivered. To account for this uncertainty, this supplemental budget appropriation will approve matching funds up to an amount not-to-exceed $115,000 to ensure adequate funding is available for the City’s required matching funds. Staff Presentation Commander Jon Pickett presented details to Council on how the Police Department identified the largest gap in the City’s ability to respond to major events and incidents is the deficiency in the current mobile command post vehicle. The current mobile command post is too small and outdated to accommodate the personnel and technology that is needed to effectively respond to an incident using the unified command structure. The Police Department must maintain the asset and make it available to the region. Public Comment None. Council Comments CM Larson asked about the City of Denver’s involvement. Commander Pickett explained that the federal government awarded the grant to Denver who will receive the assets for this region of Colorado. Wheat Ridge has an agreement with Denver that Denver will obtain the vehicle from the vendor and turn it over to Wheat Ridge, fully equipped and ready to be used. CM Larson made a motion to approve Resolution No. 22-2024 -a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $115,000 for the purpose of approving an Intergovernmental Agreement with the City and County of Denver concerning the Urban Area Security Initiative, seconded by CM Weaver. The motion carried 6-0. Chief Murtha stated that Commander Pickett would be retiring after 33 years of service. He thanked Pickett for finishing this project and for his service to Wheat Ridge. 15. Resolution No. 23-2024 – a resolution supporting an application to the Jefferson County Historic Landmark Designation Program for the Wheat Ridge Historical Park and Baugh House and authorizing the Mayor to sign the related owner consent form. CM Snell introduced Resolution 23-2024 and read the Issue Statement into the Record. Issue The Wheat Ridge Historical Society and the City of Wheat Ridge were approached by the Jefferson County Historical Commission about applying to the County Landmark Designation Program for the Wheat Ridge Historical Park and the Baugh House. Both properties can be submitted as a single application. As the City owns the buildings and properties, City Council support for the application to the county program is needed and Council would need to direct the Mayor to sign the Owner Consent Form that is part of the application. Staff Presentation Grant and Special Project Administrator, Brandon Altenburg presented background details to Council on how the Wheat Ridge Historical Park was created in the 1970s-1980s when the Sod House and Red Brick House were acquired by the City for preservation. Those buildings sit at their original location. The original Wheat Ridge Post Office and Coulehan-Johnson Cabin were later moved to this site. The Cabin was built in 1859 on the first registered homestead in Colorado. Judge Johnson later owned the cabin and was an influential early resident of Jefferson County. Marta Heady with the Wheat Ridge Historical Society stated that the board is excited to receive this designation. She stated they are honored and thanked Council for this recognition. She spoke to the hard work of the Historical Society in keeping the history of Wheat Ridge alive. Mr. Altenburg stated that the James W. Baugh House sits on its original location 1.5 blocks south of the Historical Park. It is a turn of the century (19th/20th centuries) farmhouse that originally sat on 160 acres of farmland. Six acres of the property have been preserved, and both the Sod and Baugh House are on the National Register of Historic Places. The Sod House, Baugh House, and Post Office are also on the State Register of Historic Places. Public Comment None. Council Comments CM Weaver asked if the designation would interfere in anyway with perhaps getting water or other utilities to the house. Altenburg stated that the Commission strongly encourages the City to meet with them prior to those type of renovations. CM Snell made a motion to approve Resolution No. 23-2024 -a resolution supporting an application to the Jefferson County Historic Landmark Designation Program for the Wheat Ridge Historical Park and Baugh House and authorizing the Mayor to sign the related owner consent form. It was seconded by MPT Stites. Vote: 6-0 The motion carried. 16. City Manager Matters City Manager Patrick Goff spoke about the City Plan, the update to the City’s Master Plan, has a survey on "What’s Up Wheat Ridge” and will be available until May 3rd. He encouraged everyone to complete the survey. In addition, the City had to cancel its tree sale on Saturday but held it on Sunday and sold out of 99 trees in three hours. 17. City Attorney’s Matters No report. 18 Elected Officials’ Matters Mayor and Council Members reported on various activities including their district meetings, attendance at open houses, and promoted local businesses and programs. 19. Adjournment Mayor Starker adjourned the meeting at 7:26 pm and Council went into a Special Study Session. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem Special Study Session – City Council CITY OF WHEAT RIDGE, COLORADO City Council Chambers 7500 W. 29th Avenue April 22, 2024 1. Call to Order Mayor Starker called the Special Study Session to order at 7:28 pm. 2. Roll Call Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Dan Larson, and Rachel Hultin. Absent: Janice Hoppe and Leah Dozeman Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Deputy City Manager Alli Scheck; Sr. Deputy City Clerk, Margy Greer; Parks and Recreation Director, Karen O’Donnell; Brandon Altenburg, and Garden Coordinator Krystyn Yy Dennis. 3. Public’s Right to Speak None. Wheat Ridge Speaks: None. 4. Happiness Gardens Update Issue Councilmember Hultin requested a special study session on Happiness Gardens. Members of the Parks and Recreation Department will discuss how the garden has fostered community building across generations, honoring the rich history of agriculture in Wheat Ridge. Staff provided information on how Happiness Gardens has transformed in recent years through grants and partnerships. Additionally, staff shared future plans for Happiness Gardens, as well as the future garden on the Randall Park property. Staff Report Parks and Recreation Director, Karen O’Donnell, Garden Coordinator Krystyn Yy Dennis, and Brandon Altenburg gave detailed presentations and overviews of the Gardens update. Where Happiness Gardens has existed in some capacity for approximately 51 years, and under the City’s ownership, the primary purpose was rental garden plots for residents and market gardeners until recent years. Through innovation, hard work, successful grant applications, and partnerships, Happiness Gardens has flourished to be much more than rentable garden plots. While no action was requested at this time as many of the initiatives discussed would unfold in the coming months and years. If the USDA grant application for the Randall Park community garden is successful, the Parks & Recreation team will return to Council for grant approval, as well as future construction contract approval. Discussion on the items included but were not limited to the following topics: Regenerate Wheat Ridge, Additional Grant Funding, Food Forest, Partnerships and Initiatives, Randall Park – Future Projects Schedule, and Project Funding and Preliminary Cost Estimates Council Comments CM Hultin stated that perhaps the signage could be turned so people could see it as they drive by. She stated the Garden is a hidden gem, something is happening every day at the gardens, the people and programs are phenomenal, it is the best of community helping community. She thanked the staff for all their work, for collaborating on the grant and stated she couldn’t wait to see what happens next at Randall Park. CM Ohm stated the garden is so vibrant now and is looking forward to the second one. He stated that people are excited to come on board and see the greenhouse open its doors. Answering his question, staff stated that vertical planting will take place in the greenhouse. CM Weaver stated this property is now a new story. She stated that having a vision at different levels has allowed Parks and Recreation to truly see what it means to be environmental stewards. She stated that so many people are being served by the City’s green spaces. CM Larson asked if the current amenities would be retained at Randall Park. Staff stated that they would. The garden space would be an addition to the park. CM Snell gave a huge thank you to the staff. She spoke about the great combination of gardening and how it bonds people to agriculture and growing. She stated there is a great combination of programs and she is excited and proud. Mayor Starker thanked the staff for the work they are doing and stated there are a lot of gardeners in Wheat Ridge and he is excited to see the energy around the garden spaces. 5. Adjournment Mayor Starker adjourned the Special Study Session at 8:04 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem PROCLAMATION MENTAL HEALTH MONTH WHEREAS, good mental health is essential to the overall health and emotional well-being of all children, youth, adults and families; and promotes a healthy community; and WHEREAS, nearly one in four people in our communities experience a mental health condition each year; and WHEREAS, more than 17% of individuals in our communities experience substance use disorder each year including alcohol and drug use; and WHEREAS, the lack of awareness of where to seek support, and stigma against mental health conditions and substance use disorders prevents many people from accessing care; and WHEREAS, when mental health problems and substance use disorders are detected early and treated, people can recover and maintain a healthy and independent life; and WHEREAS, increased focus on the prevention of mental health conditions and substance use disorders among children, adolescents, and adults through screening and early intervention helps reduce suffering and improves lives, and WHEREAS, it is imperative that all members of our community, irrespective of age, gender expression, sexual identification, race, culture, ethnic background, education, or economic status, have equitable access to essential care, support, and services for mental health and substance use conditions; and WHEREAS, the City of Wheat Ridge is dedicated to improving the health and well-being of its citizens and employees by increasing awareness, ending stigma, and focusing on the integral role of mental health in all our lives. NOW THEREFORE, I, Bud Starker, Mayor of Wheat Ridge, do hereby proclaim May 2024, as Mental Health Month and call upon all citizens, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increasing awareness and understanding of mental health, providing appropriate and accessible services for all citizens, and making mental health a priority. IN WITNESS THEREOF, on this 13th day of May 2024, _______________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk PROCLAMATION NATIONAL POLICE WEEK & NATIONAL PEACE OFFICERS MEMORIAL DAY WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as Police Week; and WHEREAS, the people of Wheat Ridge, Colorado have shared their concern and support following the tragic assault of Officer Alan Fischer, who received life threatening injuries while on duty on April 13, 2022; and WHEREAS, it is important to recognize and honor the sacrifice made by those who are injured or who die in the line of duty; and WHEREAS, it is important that everyone know and understand the problems, duties and responsibilities of our police department, and that our local law enforcement agency recognizes their duty to serve our community by safeguarding life and property, by providing protection against violence and disorder, and by shielding the innocent against deception and the weak against oppression or intimidation; and WHEREAS, over the course of the past 55 years, the police department of the City of Wheat Ridge has grown to be a modern and scientific law enforcement agency which tirelessly provides a vital public service in partnership with the law-abiding members of our community. NOW, THEREFORE, BE IT RESOLVED, I, Mayor Bud Starker, call upon all those living and working in Wheat Ridge, and upon all our community’s patriotic, civil, and educational organizations to observe the week of May 13-17, 2024, as NATIONAL POLICE WEEK Honoring law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to our community and, in so doing, have established for themselves an enviable and enduring reputation for preserving the rights and security of all members of the community. I FURTHER call upon our community to observe May 15, 2024, as NATIONAL PEACE OFFICERS MEMORIAL DAY To honor those peace officers who, through their courageous deeds, have lost their lives or who have been injured in the performance of their duty. IN WITNESS THEREOFF, on this 13th day of May 2024. _______________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk PROCLAMATION NATIONAL PUBLIC WORKS WEEK WHEREAS, public works services provided in our community are an integral part of our resident’s everyday lives; and WHEREAS, the support of an understanding and informed citizenry is vital to the efficient operation of public works systems and programs such as streets, traffic signals and signs, lighting, bridges, storm sewers, and drainage; and WHEREAS, the health, safety, and quality of life of this community greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design, construction, and maintenance are vitally dependent upon the efforts and skill of public works officials; and WHEREAS, the City of Wheat Ridge Public Works Department manages all assets in the public right of way including streets, streetlights, traffic signals, drainage facilities as well as public buildings and the city’s vehicle and equipment fleet in a safe, efficient, innovative, and environmentally responsible manner, utilizing our dedicated, highly-skilled employees and partnerships to promote a high quality of life for the City and the public; and WHEREAS, the 31 employees of the Department, maintain more than 133 miles of streets, 36 miles of storm sewers, 9,500 street name and traffic control signs, 45 traffic signals, 850 street and pedestrian lights, 190,000 square feet of buildings, and 225 vehicles and large equipment, and plan, design, and oversee construction of all capital improvement projects in the city’s right of way, along with other critical infrastructure activities, and WHEREAS, the year 2024 marks the 64th annual National Public Works Week sponsored by the American Public Works Association. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the week of May 19-25, 2024, as NATIONAL PUBLIC WORKS WEEK in the City of Wheat Ridge and I urge all citizens to join with representatives of the American Public Works Association to pay tribute to our public works professionals, engineers, managers, and employees and to recognize the substantial contributions they make to protecting our national health, safety, and quality of life. . __________________________ Bud Starker, Mayor __________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: May 13, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 07-2024 - AN ORDINANCE AMENDING SECTIONS 11-51, 11-52.5, 11-53, 11-53.5, 11-55, AND 11-56 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE COMPOSITION OF THE WHEAT RIDGE LIQUOR LICENSING AUTHORITY AND MAKING CONFORMING AMENDMENTS IN CONNECTION THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING (04/22/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (05/13/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _______ _____________________________ Sr. Deputy City Clerk City Manager ISSUE: The City has an eight-member, Council appointed Liquor Licensing Authority (LLA) that is vested with the authority to grant and refuse liquor licenses and other types of applications and permits, and hold show cause hearings for alleged violations, all in the manner provided by law. Over the past few years, the eight-member board has struggled at times to reach a quorum, delaying Wheat Ridge businesses from obtaining licenses and other resolutions in a timely manner. PRIOR ACTION: At a City Council Study Session on April 1, 2024, Council gave direction to staff to bring forward an ordinance changing the eight-member LLA to an Administrative Hearing Officer (AHO). City Council approved this ordinance on first reading on April 22, 2024. A motion was made by Councilmember Stites and seconded by Councilmember Ohm and was approved by a vote of 6 to 0. FINANCIAL IMPACT: The savings in attorney time currently being spent with the LLA may offset the cost of the AHO. BACKGROUND: The current structure presents challenges that impact the business community and risk liability for the City. The challenges include: • Board membership and attendance – there are routinely vacancies on this board (currently three vacancies, meaning the seated members must all be present to reach a quorum) and there are frequently attendance issues with board members not able to commit to hearings. This impacts the business community by delaying the approval of licenses. On one occasion, an applicant flew in from a different state only to find the hearing continued for lack of a quorum. Last minute continuances are inefficient and frustrating for all parties, particularly the applicant. • Complex liquor law – there is little flexibility with the State of Colorado’s imposed liquor laws, meaning the board relies primarily on the City Attorney for instruction and interpretation. These laws, rules and regulations are not easy for board members to learn, absorb and comprehend and little discretion is afforded to the members. There is very little ability for board members to consider their own thoughts and opinions on matters related to liquor. RECOMMENDATIONS: Staff is recommending appointing an Administrative Hearing Officer as the Liquor Licensing Authority. RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2024, an ordinance amending sections 11-51, 11-52.5, 11-53, 11-53.5, 11-55, and 11-56 of the Wheat Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith, order it published, and that it take effect 15 days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 07-2024, an ordinance amending sections 11-51, 11-52.5, 11-53, 11-53.5, 11-55 and 11-56 of the Wheat Ridge Code of Laws for the following reason(s) ________________________.” REPORT PREPARED/REVIEWED BY: Margy Greer, Sr. Deputy City Clerk Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2024 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES COUNCIL BILL NO. 07 ORDINANCE NO. 1792 Series 2024 TITLE: AN ORDINANCE AMENDING SECTIONS 11-51, 11-52.5, 11-53, 11-53.5, 11-55, AND 11-56 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE COMPOSITION OF THE WHEAT RIDGE LIQUOR LICENSING AUTHORITY AND MAKING CONFORMING AMENDMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 44-3-101 et seq., C.R.S. § 44-4-101 et seq., and C.R.S. § 44-5-101 et seq., the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the creation of a local liquor licensing authority; and WHEREAS, the Council has previously exercised this authority by enacting Article III of Chapter 11 of the Wheat Ridge Code of Laws (the “Code”); and WHEREAS, the City’s local liquor licensing authority is currently composed of eight citizens appointed by City Council; and WHEREAS, the Council and City staff have found it difficult to find citizens interested in serving on the local liquor licensing authority; and WHEREAS, on February 26, 2024, the Council adopted Ordinance No. 1780, series 2024, an emergency ordinance authorizing the appointment of an administrative hearing officer for liquor licensing matters; and WHEREAS, to increase efficiency, reduce legal risk, save costs, and facilitate more timely hearings for licensees, the Council finds that it is in the City’s best interest to transition from a citizen board to a hearing officer. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 11-51 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 11-51. - Definitions. ATTACHMENT 1 The following words, terms, and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Alcohol beverage means fermented malt beverages or malt, vinous, or spirituous liquors; except that alcohol beverage shall not include confectionery containing alcohol within the limits prescribed by C.R.S. § 25-5-410(1)(i)(II). Applicant means and includes: (1) If an individual, or a husband and wife, that person or persons making an application for a license: (2) If a partnership, all partners, any officers, and any members owning ten (10) percent or more interest in the partnership. (3) If a corporation, the president, vice-president, secretary, treasurer, directors, managing officer, and each stockholder owning ten (10) percent or more of the stock of the corporation; and (4) If an association, organization, or company not listed above, its officers, directors, and any of its members owning a ten (1) percent interest or more interest therein. Authority or licensing authority means the liquor licensing authority of the city. Entertainment facility means an establishment the primary business of which is to provide the public with sports or entertainment activities within its licensed premises and incidentally may sell and serve alcohol beverages at retail for on-premises consumption and has sandwiches and light snacks available. Fermented malt beverage means beer and any other beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any similar product or any combination thereof in water containing not less than one-half of one (0.5) percent alcohol by volume. Investigator means a member of the Wheat Ridge Police Department, or a community service officer as provided by Section 2.33. Lodging facility means an establishment the primary business of which is to provide the public with sleeping rooms and meeting facilities and incidentally may sell and serve alcohol beverages at retail for on-premises consumption and has sandwiches and light snacks available but does not include a restaurant as defined in C.R.S. § 44-3-103 or an eating establishment as defined in the Wheat Ridge City Code. Malt liquors includes beer and means any beverage obtained by the alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar product, or any combination thereof, in water, containing not less than one-half of one (0.5) percent alcohol by volume. Manager includes the person or those persons who manage, direct, supervise, oversee and administer the acts, transactions and acts of servants of the establishments governed by this chapter. Medicinal liquors mean any liquor sold by a duly licensed pharmacist or drugstore solely on a bona fide doctor's prescription. Operator means a person licensed by law to sell fermented malt beverages or malt, vinous, or spirituous liquors, other than medicinal liquors, for beverage purposes at retail, and who is engaged at any time during the calendar year in such operation in the city. Spirituous liquors mean any alcohol beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin, powdered alcohol, and every liquid or solid, patented or not, containing at least one-half of one (0.5) percent alcohol by volume and which is fit for use for beverage purposes. Any liquid or solid containing beer or wine in combination with any other liquor, except as provided in this section, shall not be construed to be fermented malt or malt or vinous liquor, but shall be construed to be spirituous liquor. Vinous liquors mean wines, including sake, and fortified wines that: (1) Contain not less than one-half of one (0.5) percent and not more than twenty-one (21) percent alcohol by volume; and (2) Are produced by the fermentation of the natural sugar contents of fruits or other agricultural products containing sugar. All other words and phrases used in this chapter shall have the meanings attached by the Colorado Statutes regulating the sale of alcohol beverages, or if not otherwise defined by law, as used in their common, ordinary, and accepted sense and meaning. Section 2. Section 11-52.5 of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 11-52.5. - Liquor licensing authority established. (a) There is established a liquor licensing authority, which shall have and is vested with the authority to grant and refuse licenses and special permits, and to approve and deny applications for renewal and transfer of licenses for the sale at retail of malt, vinous or spirituous liquors and fermented malt beverages, assess fees, promulgate reasonable rules and regulations, conduct investigations, and to suspend or revoke such licenses for cause, all in the manner provided by law. The licensing authority shall have all the powers of the licensing authority set forth in C.R.S. title 44, articles 3, 4, and 5. (b) The licensing authority for the City of Wheat Ridge shall be any administrative hearing officer that satisfies the requirements of Code Section 2-87. The administrative hearing officer shall be appointed by the City Manager and shall serve an indefinite term at the discretion of the city manager in the event that none of the administrative hearing officers are available, the city council shall serve as the licensing authority. (c) All decisions of the licensing authority are final, subject only to appeal to a court of competent jurisdiction. (d) The licensing authority shall receive compensation at a rate to be determined by the city manager. (e) The city attorney and the office of the city clerk shall act in an advisory capacity to the licensing authority. The city attorney shall act as prosecutor of all liquor code violations, upon the judgement of the city attorney or when an investigator is not available. At the direction of the liquor authority and as the business need arises, the city clerk’s office shall promulgate policies and regulations, which may be approved, revised, or denied by the licensing authority is encouraged to delegate to the city clerk’s office the administrative authority to make licensing decisions where such a delegation serves the public interest, results in more efficient business processes, is in accord with the applicable law and satisfies due process protections. The city council shall establish the applicable fee schedule. Section 3. Section 11-53 of the Wheat Ridge Code of Laws is amended by the deletion of subsection (c) to read as follows: Sec. 11-53. - Governance by state laws, rules, and regulations. (a) The licensing authority shall be governed by state law now in effect or subsequently amended and the rules and regulations of the Executive Director of the Department of Revenue of the State of Colorado, as the state licensing authority, which shall apply to the licensing of fermented malt beverages and malt, vinous and spirituous liquors within the city, where applicable. In the event of a conflict between such and any provisions set forth in this chapter, the more restrictive requirement shall prevail. (b) Notwithstanding the provisions in subsection (a) to the contrary, the distance restrictions imposed by C.R.S. § 44-3-313(1)(d) prohibiting the sale of alcohol beverages within five hundred (500) feet of any public or parochial school or the principal campus of any college, university or seminary, are eliminated for all hotel and restaurant licenses, beer and wine licenses, brew pub licenses, distillery pub licenses, arts licenses, lodging and entertainment licenses, and vintner's restaurant licenses issued pursuant to this article. Section 4. Section 11-53.5(d) of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 11-53.5. - Issuance and enforcement of subpoenas. (a) Definitions. For purposes of this section, the following terms are defined: (d) Failure by any person without adequate excuse to obey a subpoena served upon them may be found in contempt of the liquor licensing authority. Such contempt shall constitute a violation of this Code and, upon conviction thereof, shall be subject to the penalties set forth in section 1-5 of this Code. Section 5. Section 11-55 of the Wheat Ridge Code of Laws is amended by the addition of a new subsection (e) to read as follows: Sec. 11-55. - Fine in lieu of suspension. (a) Whenever a decision of the licensing authority suspending a license for fourteen (14) days or less becomes final, whether by failure of the licensee to appeal the decision or by exhaustion of all appeals and judicial review, the licensee may, before the operative date of the suspension or such earlier date as the licensing authority may designate in its decision, petition for permission to pay a fine in lieu of having the license suspended for all or part of the suspension period. The licensing authority may, in its sole discretion, stay the proposed suspension in part or in whole and grant the petition if it finds, after any investigation that it deems desirable, that: (1) The public welfare and morals would not be impaired by permitting the licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purpose; and (2) The books and records of the licensee are kept in such a manner that the loss of sales during the proposed suspension can be determined with reasonable accuracy therefrom; and (3) The licensee has not had its license suspended or revoked nor had any suspension stayed by payment of a fine during the two (2) years immediately preceding the date of the motion or complaint which has resulted in a final decision to suspend the license. (b) Payment of any fine shall be in the form of cash, a certified check or a cashier's check payable to the City of Wheat Ridge. Such fine shall be paid into the general fund of the city. The licensee shall reimburse the city for all reasonable costs resulting from the application of this section. (c) The licensing authority may grant such conditional or temporary stays as are necessary for it to complete its investigations, to make its findings as specified in subsection (a) above, and to grant a permanent stay of the entire or part of the suspension. If no permanent stay is granted, the suspension shall go into effect on the operative date finally set by the licensing authority. (d) In this section "fine" means a form of discipline imposed pursuant to this article in lieu of a suspension. Any fine shall be the equivalent of twenty (20) percent of the retail licensee's estimated gross revenues from sales of alcoholic beverages during the period of the proposed suspension, except that the fine shall be not less than two hundred dollars ($200.00) nor more than five thousand dollars ($5,000.00). Section 5. Section 11-56(c)(2) of the Wheat Ridge Code of Laws is amended to read as follows: Sec. 11-56. - Alcohol beverage tastings. (a) Subject to the limitations of this section, alcohol beverage tastings are permitted... (c) Tastings are subject to the following limitations: (1) Tastings shall be conducted only: a. By a person who: has completed a server training program that meets the standards established by the liquor enforcement division in the department and is a retail liquor store or a liquor-licensed drugstore licensee, or a representative, employee, or agent of the licensed wholesaler, brew pub, distillery pub, manufacturer, limited winery, importer, or vintner's restaurant promoting the alcohol beverages for the tasting; and b. On a licensee's licensed premises. (2) The alcohol beverage used in tastings must be purchased through a licensed wholesaler, licensed brew pub, licensed distillery pub, VINTER’S RESTAURANT, or winery licensed pursuant to C.R.S. § 44-3-403 at a cost that is not less than the laid-in cost of the alcohol beverage.... Section 6. 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 7. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 22nd day of April 2024, ordered published by title in full in on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for May 13, 2024 at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 13th day of May 2024. SIGNED by the Mayor on this _____ day of ____________, 2024. Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: April 23, 2024 Second Publication: May 14, 2024 Effective Date: May 29, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 2 DATE: May 13, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2024 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10840 W. 41ST PLACE FROM AGRICULTURAL-ONE (A-1) TO RESIDENTIAL-ONE B (R-1B) (CASE NO. WZ-24-03) PUBLIC HEARING ORDINANCES FOR 1ST READING (05/13/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/10/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The owner of the property at 10840 W. 41st Place is requesting approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B). The zone change will result in a zoning that encourages investment in the site and will enable the land use to become more conforming with the zoning. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on April 18, 2024, and recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-24-03. If the rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees and use tax. Council Action Form – Proposed Rezoning at 10840 W. 41st Place May 13, 2024 Page 2 BACKGROUND: The property is located on the south side of the W. 41st Place and just northwest of the intersection of W. 41st Avenue and Oak Street. The property currently contains one single-unit dwelling and various outbuildings. According to the Jefferson County Assessor, the site is approximately 20,778 square feet (.477 acres) in size. The property does not meet the one-acre minimum lot size requirement for the Agricultural-One (A-1) zone district and is currently legally nonconforming in terms of lot size. The property currently has one 2,058-square foot single-unit dwelling, built in 1909, and multiple accessory structures. The applicant stated that the property is largely unoccupied at this time. Current Zoning The property is currently zoned A-1. The A-1 zone district was established to provide a high quality, safe, quiet, and stable residential estate living environment within a quasi-rural or agricultural setting. The adjacent properties to the east, west, and south are zoned R-1B and contain low-density residential uses. The property to the north is city-owned open space which is part of the Clear Creek Greenbelt and is zoned A-1. Proposed Zoning The applicant is requesting the property be rezoned from Agricultural-One (A-1) to Residential-One B (R-1B). Both zone districts are intended to provide high quality, safe, quiet, and stable low-density residential neighborhoods. Both A-1 and R-1B zoning would allow only for single-unit dwellings. The subject property is too small in either zone district to allow any of the nonresidential uses permitted by the zoning (churches, schools, government buildings, and group dwellings). The applicant is requesting the zone change to R-1B so they can subdivide the oversized parcel and build an additional single-unit dwelling. The property is located in an established neighborhood that is primarily low-density residential, and the area is no longer agricultural. This particular property is the last agriculturally zoned property on the block and is entirely surrounded by R-1B zoning apart from the city-owned land to the north. This zoning condition was inherited from the County when the City was incorporated in 1969. The proposed R-1B zoning would be consistent with adjacent properties and would not result in significant change to the area. The applicant hopes to rezone in order to have the opportunity to build an additional single-unit dwelling that would be proportional to adjacent lots and that would allow the highest and best utilization of the land, and to revitalize and reinvest in the property. A full analysis of the zone change criteria will be provided in the Planning Division staff report at second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Council Action Form – Proposed Rezoning at 10840 W. 41st Place May 13, 2024 Page 3 As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division staff report and Planning Commission minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 08-2024, an ordinance approving the rezoning of property located at 10840 W. 41st Place from Agricultural-One (A-1) to Residential-One B (R1-B) on first reading, order it published by title and in full on the City’s website as provided by the Home Rule Charter, public hearing set for Monday, June 10, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2024 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 08 ORDINANCE NO. 1793 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10840 W. 41ST PLACE FROM AGRICULTURAL- ONE (A-1) TO RESIDENTIAL-ONE B (R-1B) (CASE NO. WZ-24-03) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Mark Brannon has submitted a land use application for approval of a zone change to the Residential-One B (R-1B) zone district for property located at 10840 W. 41st Place; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates areas containing established neighborhoods, including the subject site, as a priority for encouraging reinvestment in underutilized properties, maintaining consistent character, and creating opportunities for dwelling ownership; and WHEREAS, a rezoning to R-1B would encourage revitalization of the site and will enable the land to become conforming; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 18, 2024, and recommended approval of rezoning the property to Residential-One B (R-1B). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Agricultural-One (A-1) to Residential-One B (R-1B) for property located at 10840 W. 41st Place, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 21, FROM WHENCE THE SOUTH QUARTER CORNER BEARS S00°18'34"E A DISTANCE OF 2647.47 FEET FOR A BASIS OF BEARING; THENCE S09°48'22"E A DISTANCE OF 1194.80 FEET TO A POINT ON THE SOUTH LINE OF WEST 41ST PLACE AND THE POINT OF BEGINNING; THENCE S00°18'34"E A DISTANCE OF 148.55 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTTON 21; THENCE S89°24'19"W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21. A DISTANCE OF 140.00 FEET; THENCE N00°18'34"W A DISTANCE OF 148.55 FEET TO A POINT ON THE SOUTH LINE OF WEST 41ST PLACE; THENCE N89°24'19'E ALONG SAID SOUTH LINE OF WEST 41ST PLACE, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; CONTAING 20,797 SQUARE FEET (0.477 ACRE), MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 6. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 13th day of May 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 Monday, June 10, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2024. SIGNED by the Mayor on this _______ day of _______________, 2024. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: May 14, 2024 2nd publication: June 11, 2024 Jeffco Transcript: Effective Date: June 26, 2024 ITEM NO: 3 DATE: May 13, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2024 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT PARCEL ID 39-193-01-010 FROM AGRICULTURAL-ONE (A-1) TO INDUSTRIAL-EMPLOYMENT (I-E) (CASE NO. WZ-24-04) PUBLIC HEARING ORDINANCES FOR 1ST READING (05/13/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/10/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: Cogent Companies is requesting approval of a zone change from Agricultural-One (A-1) to Industrial Employment (I-E) to allow the site to be utilized for outdoor storage. The zone change will result in a zoning designation that would allow for use of the property unless and until it is developed as right-of-way. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on April 18, 2024, and recommended approval with conditions. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. BACKGROUND: The property is located on the north side of Highway 58, south of W. 44th Avenue. According to the Jefferson County Assessor, the site is approximately 187,849 square feet (4.132 acres). The property is owned by Longs Peak Metro District (LPMD) and is currently vacant. Council Action Form – Proposed Rezoning at Parcel ID 39-193-01-010 May 13, 2024 Page 2 The applicant, Cogent Companies, currently owns and occupies the adjacent property to the east at 14452 W. 44th Avenue. Should the zone change be approved, they intend to lease the subject property from LPMD and utilize the site for outdoor storage related to their current operations. The subject parcel and this zone change request relates to the history of Clear Creek Crossing. The Clear Creek Crossing project dates back almost 20 years. In 2006, Cabela’s and Coors owned much of the land, and development was proposed to span both sides of Clear Creek. In the original proposal, development would have required significant infrastructure investments, including a hook ramp on I-70 (the one that was recently constructed) and also a hook ramp on Highway 58 (where the subject site is located). Conceptual infrastructure plans were developed including state and federal review and environmental clearances; the infrastructure plans were approved by the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FWHA) in 2007. LPMD is the metro district responsible for building and maintaining much of the infrastructure associated with Clear Creek Crossing. LPMD acquired the subject parcel in 2008 to fulfill the approved plans. Several parcels including the subject property were annexed from unincorporated Jefferson County into the City in 2008 and 2009. When the City annexes land, they are also required to assign zoning to the property because the City’s zoning designations differ from the County’s. When City Council approved annexation of the subject parcel in March 2009, they also approved a zoning designation of Agricultural-One (A-1). The subject site was the last piece of land required to build a roadway through Clear Creek Crossing from W. 32nd Avenue to W. 44th Avenue. The A-1 zoning made sense for the subject parcel at the time, because the entire parcel was intended to be dedicated as right-of-way and constructed as roadway. The 2009 staff report notes, “The intended use of the property is for infrastructure improvements for the completion of Cabela Drive [now Clear Creek Drive] and the new interchange. […] Because there will be no associated private property development, an annexation agreement has not been required.” By 2014, it became apparent that the infrastructure needs associated with Clear Creek Crossing were becoming cost prohibitive. Cabela’s sold their land, and the vision for the development evolved from big box anchors to a mix of uses. The infrastructure designs were formally re- evaluated by the City, CDOT, and FHWA; and revised road design and development plans were approved with a phasing plan. This phasing is reflected in the development that exists today—in the current phase, development was limited to the south side of Clear Creek and only the hook ramp at I-70 was required to be constructed. If the north side of Clear Creek is proposed to be developed as a future phase or if trip generation exceeds a certain threshold on the south side, then additional infrastructure at Highway 58 will be required including on the subject parcel. For this reason, the subject parcel remains under the ownership of LPMD, but it has not yet been dedicated as right-of-way nor have any infrastructure investments been made north of Clear Creek. This zone change is proposed as an interim condition, allowing limited productive use of the property until such time the original intent of the annexation is fulfilled. Council Action Form – Proposed Rezoning at Parcel ID 39-193-01-010 May 13, 2024 Page 3 Current Zoning The property is currently zoned Agricultural-One (A-1). It is situated in the northwesternmost corner of the City and is surrounded by properties within unincorporated Jefferson County. Adjacent uses are light industrial to the east and west, and residential and commercial to the north. Highway 58 abuts the south side of the property. The A-1 zone district does not allow outside storage. Proposed Zoning The applicant is requesting the property be rezoned to Industrial Employment (I-E), a zone district intended to allow for light industrial and commercial uses that support employment. The I-E zoning is the only zone district that allows outside storage. Surrounding parcels are in Jefferson County and are zoned Industrial-One and Planned Development, with light and medium intensity industrial uses. The applicant intends to rezone the property to allow for outdoor storage related to their current business located immediately adjacent to the east. The applicant states that the parcel has been vacant since it was originally annexed and that LPMD is seeking to put the site to use by leasing it to the applicant for outside storage until such time it is needed for ROW improvements. In consultation with the City Attorney, staff recommends the zone change be conditioned upon the following, and the Planning Commission motion included a recommendation of approval with these conditions: 1. No vertical construction would be permitted; outdoor storage and appropriate screening would be the only permitted uses. 2. A development agreement running with the land will be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. The limit on vertical development will help to reinforce the original annexation intent which stated there would be no private development. Further, the parcel was never anticipated to be a developable lot. The City would require that LPMD draft and sign the development agreement that would need to include the following elements: • Limits on use, • Limits on permanent development, • Requirements to dedicate the subject parcel as right-of-way at no charge to the City or CDOT upon the need for infrastructure investments, and • Requirements that these conditions run with the land and apply to successor and assigns. This approach allows appropriate economic use of the land while protecting the City’s long-term interests and honoring the original intent of the annexation. While conditional zone changes are rare in Wheat Ridge, they are not precluded by code and this unique situation warrants a unique approach. Council Action Form – Proposed Rezoning at Parcel ID 39-193-01-010 May 13, 2024 Page 4 A full analysis of the zone change criteria will be provided in the Planning Division staff report at second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division staff report and Planning Commission minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 09-2024, an ordinance approving the rezoning of property located at Parcel ID 39-193-01-010 from Agricultural-One (A-1) to Industrial-Employment (I-E) on first reading, order it published, public hearing set for Monday, June 10, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 09-2024 2. Draft Development Agreement with LPMD ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 09 ORDINANCE NO. 1794 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT PARCEL ID 39-193-01-010 FROM AGRICULTURAL-ONE (A-1) TO INDUSTRIAL-EMPLOYMENT (I-E) (CASE NO. WZ-24-04) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Cogent Companies has submitted a land use application for approval of a zone change to the Industrial-Employment (I-E) zone district for property located at Parcel ID 39-193-01-010; and WHEREAS, the proposed zone change is appropriate in response to a change in conditions in the area and would allow for a better and more productive use of the land; and WHEREAS, a rezoning to I-E would enable the land to further achieve the city’s current comprehensive plan goals to encourage employment-generating uses in the area by allowing the adjacent property to utilize it for their needs; and WHEREAS, no vertical construction would be permitted; outdoor storage and appropriate screening would be the only permitted uses; and WHEREAS, a development agreement signed by Longs Peak Metro District will be required which would limit use, limit permanent development, require the subject parcel be dedicated as right-of-way at no charge to the City or CDOT upon the need for infrastructure investments, and require that these conditions run with the land and apply to successor and assigns; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 18, 2024, and recommended approval of rezoning the property to Industrial-Employment (I-E). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Agricultural-One (A-1) to Industrial-Employment (I-E) for property located at Parcel ID 39-193-01-010, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL 26 A TRACT OR PARCEL OF LAND NO. 26 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT NO.CC 0581-009 CONTAINING 1.762 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S60º06’12”E, 771.39 FEET TO THE POINT OF BEGINNING; THENCE N87º38’11”E, 249.89 FEET TO THE EAST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973 IN THE JEFFERSON COUNTY CLERK AND RECORDER’S OFFICE; THENCE S00º22’07”E, 124.20 FEET ALONG SAID EAST BOUNDARY LINE TO THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN BOOK 2230, PAGE 219, AND BOOK 2116, PAGE 162, AT RECEPTION NUMBERS 334132 AND 400712, RESPECTIVELY, IN SAID OFFICE; THENCE S80º35’52”W, 929.79 FEET ALONG SAID NORTHERLY RIGHT-OF- WAY LINE TO THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE N00º10’06”W, 35.52 FEET ALONG SAID WEST LINE; THENCE N79º47’27”E, 403.08 FEET; THENCE N59º33’17”E, 313.45 FEET TO THE POINT OF BEGINNING, CONTAINING 76,772 SQUARE FEET OR 1.762 ACRES, MORE OR LESS. PARCEL 26A A TRACT OR PARCEL OF LAND NO. 26A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT NO. CC 0581-009 CONTAINING 1.832 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S60º06’12”E, 771.39 FEET TO THE POINT OF BEGINNING; THENCE N14º08’29”E, 160.48 FEET; THENCE N00º12’55”W, 187.99 FEET; THENCE S89º30’00”W, 290.63 FEET THENCE N00º53’40”W, 9.92 FEET TO THE NORTH BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 50, PAGE 31, AT RECEPTION NUMBER 76830328, ALSO BEING THE NORTH BOUNDARY LINE OF ASPHALT PAVING SUBDIVISION, FILING NO. 1 IN THE JEFFERSON COUNTY CLERK AND RECORDER’S OFFICE; THENCE N89º06’21”E, 499.77 FEET ALONG THE NORTH BOUNDARY LINE OF ASPHALT PAVING SUBDIVISION, FILING NO. 1 TO THE EAST BOUNDARY LINE OF SAID SUBDIVISION; THENCE S00º22’07”E, 348.49 FEET ALONG SAID EAST BOUNDARY LINE OF SAID SUBDIVISION; THENCE S87º38’11”W, 249.89 FEET TO THE POINT OF BEGINNING, CONTAINING 79,797 SQUARE FEET OR 1.832 ACRES, MORE OR LESS. PARCEL AC-26 EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR TO AND FROM ANY PART OF THE RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 58, A FREEWAY ESTABLISHED ACCORDING TO THE LAWS OF THE STATE OF COLORADO, AND FROM AND TO ANY PART OF THE REAL PROPERTY OF THE GRANTOR IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE ACCESS LINES DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S00º10’06”E, ALONG THE WEST LINE OF SAID NORTHWEST ¼, 650.28 FEET TO THE POINT OF BEGINNING; THENCE N00º10’06”W, 35.52 FEET ALONG SAID WEST LINE; THENCE N79º47’27”E, 403.08 FEET; THENCE N59º33’17”E, 313.45 FEET; THENCE N14º08’29”E, 160.48 FEET; THENCE N00º12’55”W, 187.99 FEET; ALSO COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S88º23’34”E, TO THE WEST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973 IN THE JEFFERSON COUNTY CLERK & RECORDER’S OFFICE; THENCE S00º22’07”E, 348.49 FEET ALONG SAID WEST LINE. Section 2. Conditional Approval. Approval of this zone change is conditioned upon the following: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land shall be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. Section 3. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability: Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 7. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 13th day of May 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 Monday, June 10, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2024. SIGNED by the Mayor on this _______ day of _______________, 2024. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: May 14, 2024 2nd publication: June 11, 2024 Jeffco Transcript: Effective Date: June 26, 2024 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made as of ____ , 2024 (the “Effective Date”), by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and LONGS PEAK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, (the “Developer”), together referred to as the “Parties.” RECITALS A. The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the “Property”), commonly known as Jefferson County State Parcel No. 39-193-01-010. B. On ________________, 2024, Cogent Companies, Inc., as authorized representative for Developer filed an application for Rezoning of the Property from Agricultural –One (A-1) to Industrial-Employment (I-E). C. On ______________, 2024, the Planning Commission of the City of Wheat Ridge, after holding all required public hearings, recommended approval of the Rezoning Application subject to the following conditions: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land with be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. D. On ________________, the City Council of the City of Wheat Ridge approved Ordinance No ___, Series 2024, a copy of which is attached hereto as Exhibit B, which ordinance approved the Rezoning with the two conditions recommended by the Planning Commission. This Agreement is a condition of the Rezoning Application approval. E. The Rezoning approval cited above is contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the Parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to set forth certain terms, conditions in connection with the Rezoning and site development of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Zoning Ordinance, the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code (collectively, the “City Requirements”) and are not intended to ATTACHMENT 2 2 supersede any requirements contained therein. Notwithstanding anything contained in this Agreement to the contrary, in case of any conflict between the express terms of the City Council Ordinance approving the Rezoning Application, this Agreement and the City Requirements, the Agreement shall control. Notwithstanding anything contained in this Agreement to the contrary, if and to the extent an item is not addressed in the City Requirements, then in case of any conflict between the express terms of this Agreement and the City Requirements, this Agreement shall control in all respects. 2. Related City Agreements and Approvals. The Property was annexed into the City by way of a 2009 Ordinance No. 1437, Ordinance Approving the Annexation of Certain Territory to the City of Wheat Ridge, Colorado (Case No. ANX-08-03/Long’s Peak Metropolitan District). 3. Fees and Taxes. The Developer hereby agrees to pay all related City development fees for the Rezoning and any site plan required for use of the Property. 4. Limitations on Use of Property. No permanent development shall occur on the Property. No vertical construction is permitted. Outdoor storage and appropriate screening are the only permitted uses on the Property. 5. Future Dedication of the Property by Developer. The annexation of the Property into the City was made with the intention that the Property be used for public roadway and/or right-of-way. Should the roadway project return to active status or another public use is identified for the Property, the City must provide Notice to Developer 240 days in advance that the Property is needed for design and construction of public improvements and the Developer shall make the Property available for construction at the end of the Notice period. In the course of such roadway construction, Developer will dedicate the Property to the City or to the Colorado Department of Transportation (“CDOT”) as may be required for public improvements development. Such dedication shall be at no charge to the City or CDOT, as may be applicable. 6. Breach by the Developer; the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may, following the requisite notice and cure as provided below, take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare. These remedies include, but are not limited to: (a) The revocation of any site plan approved for Developer, (b) An injunction against unauthorized construction upon or unauthorized use of the Property, or (c) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph during which thirty-day period the Developer may cure the breach described in the notice. Notwithstanding the foregoing, if such breach or noncompliance cannot be reasonably cured within such thirty (30)-day period, Developer shall be granted such additional time as is 3 reasonably necessary provided that Developer good faith commences to cure such breach or noncompliance within such thirty (30)-day period and thereafter diligently completes such cure in good faith within ninety (90) days after such notice from the City unless the City and Developer otherwise agree to a longer cure period. 7. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 8. Third Party Beneficiaries. There are and shall be no third-party beneficiaries to this Agreement except the Rezoning Applicant, Cogent Companies, Inc., so long as Cogent Companies, Inc. is lessee of the Property. 9. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 10. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 11. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns as the case may be. 13. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 14. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 4 15. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 16. Attorneys Fees. In the event that a Party institutes any legal suit, action, or proceeding, including arbitration, against another Party in respect of a matter arising out of or relating to this Agreement, the prevailing Party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such Party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs. 17. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the Parties herein set forth. All notices so given shall be considered effective upon receipt. Either Party by notice so given may change the address to which future notices shall be sent. Notice to Developer: Longs Peak Metropolitan District 7400 E. Orchard Road, Suite 3300 Greenwood Village, Colorado 80111 Russell Newton, Esq. Seter, Vander Wall & Mielke, P.C. 7400 E. Orchard Road, Suite 3300 Greenwood Village, Colorado 80111 With a copy to Cogent Companies, Inc.: Kathryn T. James, Esq. Folkestad Fazekas Barrick & Patoile, P.C. 18 South Wilcox Street, Suite 200 Castle Rock, Colorado 80104 Counsel for Cogent Companies, Inc. Notice to City: Community Development Director 7500 West 29th Avenue Wheat Ridge, CO 80033 City Attorney 7500 West 29th Avenue Wheat Ridge, CO 80033 5 18. Force Majeure. For purposes hereof, “Force Majeure” shall mean delay beyond the reasonable control of the party claiming the delay, including, but not limited to, acts of God, any delay caused by any action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental or quasi-governmental agency or entity having jurisdiction over any portion of the Property, or by fire, casualty, flood, adverse weather conditions such as, by way of illustration and not limitation, wind, snow storms or prolonged moisture which prevent outdoor work from being accomplished, severe rain storms or below freezing temperatures of abnormal degree or for an abnormal duration, tornadoes, earthquakes, floods, strikes, lockouts or other labor or industrial disturbance (whether or not on the part of agents or employees of either Party hereto, civil disturbance, order of any government, court or regulatory body claiming jurisdiction or otherwise, act of public enemy, war, riot, sabotage, blockage, embargo, failure or inability to secure materials or labor (including labor and materials shortages caused by national weather or other national events), or other natural or civil disaster, delays caused by any dispute resolution process provided herein, or any delays by injunctions or lawsuits concerning the overall project. Lack of funds or inability to obtain internal approvals shall not constitute Force Majeure. 19. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof and to bind future successors and assigns to the terms herein. 20. Title and Authority. The Developer expressly warrants and represents to the City that it is the sole record owner of the property constituting the Property and further represents and warrants that Developer has full power and authority to enter into this Development Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the Parties hereto have executed this Agreement on the day and year first above written. [Remainder of Page Intentionally Left Blank] 6 CITY OF WHEAT RIDGE, COLORADO By: _______________________________ Bud Starker, Mayor ATTEST: ____________________________ Steve Kirkpatrick, City Clerk APPROVED AS TO FORM: ____________________________ Gerald Dahl, City Attorney 7 DEVELOPER LONGS PEAK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: _______________________ Name: Tyler Carlson Its: President ATTEST: By:_________________________ Name: Its: Secretary 8 EXHIBIT A Legal Description of Developer Property [attached] 9 EXHIBIT B Ordinance No ___, Series 2024 [attached] ITEM NO: 4 DATE: May 13, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 24-2024 – A RESOLUTION APPROVING A TEMPORARY REVOCABLE ACCESS LICENSE AGREEMENT WITH 44TH & WADSWORTH, LLC. PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________ _____________________________ Director of Public Works City Manager ISSUE: Design and construction of the Improve Wadsworth Project necessitated the installation of a raised median on 44th Avenue which prohibits left turns from westbound 44th Avenue to a private driveway behind the FirstBank building. In response to many requests from the public, staff has coordinated with the property management company to open an existing access point from Vance St. at 43rd Avenue to allow temporary access to the shopping center and the private drive through the shopping center’s parking lot. The temporary license documents the terms of this agreement. The city will enter into a contract to perform the necessary work to open up this access within the next month or so. Funding will come from the Wheat Ridge Urban Renewal Authority. PRIOR ACTION: There has been no prior action on this item. FINANCIAL IMPACT: The estimated cost (based on a quote from the contractor) of the improvements to provide access at 43rd Avenue & Vance St to the private parking lot is $34,600. This cost includes removing the existing barricades, removing portions of the asphalt parking lot and grading to eliminate the steep “jump” from the intersection into the parking lot, and placement of new asphalt. Council Action Form – Temporary Revocable License Agreement May 13, 2024 Page 2 Funding will come from the Wheat Ridge Urban Renewal Authority. The Authority approved Resolution No. 06-2024 on February 6, 2024 authorizing expenditure of up to $40,000 for this work. BACKGROUND: Prior to the current construction occurring on the Wadsworth Boulevard corridor and the adjacent streets, westbound traffic on 44th Avenue could turn left onto a north/south privately owned driveway, east of the FirstBank building (see blue dot on schematic below). Drivers utilized this access point to access not only the FirstBank building but the shopping center to the south and other nearby businesses. Wadsworth Boulevard is a CDOT-owned road. When the city designed the improvements currently under construction, it was necessary to meet CDOT standards for intersection design and access spacing. In this case, allowing a westbound left turn to that driveway is too close to the intersection with Wadsworth to allow for two left turn lanes at Wadsworth and a left turn into the drive/access. Therefore, a raised median was installed to prohibit the turn into the drive. At the time when the roadway plans were being finalized, it was anticipated that the developer of the vacant site, west of Vance Street and south of 44th Avenue, would construct an access road (red line) between Vance Street and this private drive to allow for better circulation in the area. That developer has since paused construction on the site with no timeline for moving forward. Access to the shopping center at the south leg of the intersection of 43rd Avenue and Vance Street was closed off at some point in the past, due to concerns about cut-through traffic on private property and, therefore, is not currently available. In response to many requests from the public, staff has coordinated with the property management company to open this access point from Vance St. to allow access not only to the shopping center but also the private drive through the parking lot (green line). An agreement between the city and the shopping center is needed as well as some grading work to remove the existing barricades and improve the grade of the access point at 43rd Ave & Vance St (orange dot). Staff has identified a contractor to perform this work within the next month or so. The city will install variable message signage on 44th Avenue, in advance of the Vance St. traffic signal, informing drivers of this modified access point. Council Action Form – Temporary Revocable License Agreement May 13, 2024 Page 3 RECOMMENDATION: Staff recommends approval of the resolution and associated Temporary Revocable Access License Agreement with 44th & Wadsworth, LLC. RECOMMENDED MOTION: “I move to approve Resolution No. 24-2024, a resolution approving a Temporary Revocable Access License Agreement with 44th & Wadsworth, LLC.” or, “I move to postpone indefinitely Resolution No. 24-2024, a resolution approving a Temporary Revocable Access License Agreement with 44th & Wadsworth, LLC. for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 24-2024 2. Temporary Revocable Access License Agreement 3. Wheat Ridge Urban Renewal Authority Resolution No. 06-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 24 Series of 2024 TITLE: A RESOLUTION APPROVING A TEMPORARY REVOCABLE ACCESS LICENSE AGREEMENT WITH 44TH & WADSWORTH, LLC. WHEREAS the City has negotiated with 44th & Wadsworth, LLC to allow public access across a private parking lot for the benefit of the traveling public; and WHEREAS, the access shall be temporary until such time as a permanent roadway is built at the west leg of the intersection of 43rd Avenue and Vance Street or, until 44th & Wadsworth, LLC retracts their approval; and WHEREAS, the City of Wheat Ridge has agreed to assume responsibility for constructing the temporary access, as outlined in the Agreement; and WHEREAS, both parties wish to memorialize their respective obligations in this Agreement. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The agreement between the City and 44th & Wadsworth, LLC, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 13th day of May 2024. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 WHEAT RIDGE COLORADO TEMPORARY REVOCABLE ACCESS LICENSE This Temporary Access License (this “License”) is entered into this ____ day of ______________, 2024, by and between 44th & Wadsworth, LLC, authorized to do business in the State of Colorado (“Licensor”) and the City of Wheat Ridge, Colorado, a Colorado municipal corporation (“City”), together, the “parties.” WHEREAS, Licensor is the owner of certain real property in the City, generally bounded by Wadsworth Boulevard, Vance Street, 43rd Avenue, and 41st Avenue (Licensor’s Property”); and WHEREAS, City of Wheat Ridge, in connection with its current construction project to improve Wadsworth Boulevard, wishes to provide temporary access to commercial properties impacted by that Project; and WHEREAS, Licensor wishes to allow such temporary access across its property solely for this purpose (i.e. ingress and egress to commercial properties impacted by that Project). NOW THEREFORE, for and in consideration of the mutual promises set forth hereinafter and as provided for in the above-referenced recitals, which are made a part of this Agreement, the parties agree as follows: 1.LICENSE GRANTED. Subject to the terms, covenants, conditions and provisions of this License, Licensor grants a temporary revocable access license to the City for use of a portion of Licensor’s property (the “Premises”), more specifically described and depicted on Exhibit A, attached hereto and incorporated herein by reference. 2.TERM; TERMINATION. The term of this Agreement shall be for the period necessary for the City to make the temporary improvements described in Section 3 hereof, and to thereafter permit public vehicular access across the Premises, until such time as the permanent roadway connection is built from the intersection of 43rd Avenue and Vance Street, west to the existing north/south driveway as part of the anticipated future development in the northwest quadrant of 43rd Avenue and Vance Street is completed. Notwithstanding the foregoing, Licensor has the right to terminate this temporary license at any time and for any reason or no reason at all, upon thirty (30) days’ written notice to the City. 3.USE OF PREMISES. The Premises may be used by the Licensee solely for the purpose of creating and maintaining a temporary public vehicular access route from 43rd Avenue and Vance Street across the Premises in the location shown on Exhibit A. Specifically, the City may undertake, at its sole cost and expense, the following actions on the Premises to facilitate this temporary access: a.remove existing barricades, b.re-grade the slope from the intersection with 43rd Avenue and Vance Street to the parking lot of the Licensor’s Property within the limits shown on Exhibit A, c.re-pave any asphalt areas damaged by the City’s actions, and d.install signage as appropriate to discourage cut-through traffic. ATTACHMENT 2 The Licensor shall, at all times, have the right, by its officers or agents, to enter the Premises to inspect and examine the same. 4. LICENSE PAYMENT. Rent for the Premises shall be a single payment of $0. 5. INSURANCE. During the Term, the City will purchase and maintain in full force and effect such general liability policy as the City may deem necessary. The parties agree the city’s membership in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) satisfies this requirement. 6. INDEMNIFICATION. Within the limitations of the Colorado Constitution and Revised Statutes, the City agrees to indemnify and hold harmless the Licensor from and against all claims, liability, damages and losses to the extent caused in whole or in part by, the act, omission, error, negligence, or other fault of the City or any of its officers, employees, representatives, or agents, except to the extent caused by the acts or omissions of Licensor or its employees or agents. Except for the indemnity obligations set forth in this License, and otherwise notwithstanding anything to the contrary in this Agreement, the City and Licensor each waives any claims that each may have against the other with respect to consequential, incidental, economic (including lost profits) or special damages, however caused, based on any theory of liability. 7. NOTICE. Any notice required or permitted under this License shall be in writing and shall be effective three (3) business days after deposit in the U.S. mail, certified, return receipt requested or upon receipt if personally delivered or sent via email or a nationally recognized courier to the addresses set forth below. The City or Licensor may from time to time designate any other address for this purpose by providing written notice to the other party. City: Maria D’Andrea Director of Public Works City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 mdandrea@ci.wheatridge.co.us Licensor: Carrie Preister, Principal c/o Westar Real Property Services, Inc. 5125 S. Kipling Pkwy, Suite 300 Littleton, CO 80127 Email: carrie@westardenver.com 8. ENFORCEMENT; SEVERABILITY. If any provision of this License is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. Jurisdiction and venue for all claims for enforcement of any dispute under this License shall be proper and exclusive in the District Court for Jefferson County, Colorado. 9. MODIFICATION. This License may only be modified upon written agreement of the parties. 10. ASSIGNMENT. Neither this License nor any of the rights or obligations of the parties hereto, shall be assigned by either party without the written consent of the other. 11. GOVERNMENTAL IMMUNITY. The City, its officers and its employees, are relying on, and do not waive or intend to waive by any provision of this License, the monetary limitations or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to the City and its officers or employees. CITY OF WHEAT RIDGE By: _______________________________ Bud Starker, Mayor ATTEST: Stephen Kirkpatrick, City Clerk STATE OF COLORADO ) ) ss. COUNTY OF ) The foregoing instrument was subscribed, sworn to and acknowledged before me this day of , 20___ , by _________________________, as _________________of the City of Wheat Ridge, a municipal corporation, on behalf of the City of Wheat Ridge. (S E A L) Notary Public LICENSOR: 44th & Wadsworth, LLC By: Westar Real Property Services, Inc., as Property Manager _______________________ Carrie Preister, Principal STATE OF ) ) ss: COUNTY OF __________________) On the ___ day of ___________, 2024, before me personally appeared Carrie Preister, Principal Westar Real Property Services, Inc., Property Manager for 44th & Wadsworth, LLC and acknowledged under oath that he is authorized to execute this instrument on behalf of 44th & Wadsworth , LLC. (S E A L) ____________________________________ Notary Public EXHIBIT A Description of Premises [attached] ATTACHMENT 3 ITEM NO: 5 DATE: May 13, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT AND APPROVE SUBSEQUENT PAYMENT OF $125,212.50 TO CEM SALES AND SERVICE FOR REPLACEMENT OF LAP POOL FILTERS AT THE WHEAT RIDGE RECREATION CENTER 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 Wheat Ridge Recreation Center Lap Pool filters have sustained severe damage to an internal manifold. While a temporary fix was installed by staff to extend the life of the filters, the temporary fix is failing. The filters require immediate repair to safeguard the integrity of the lap pool and to prevent interruptions in service, possibly including a long-term closure. This motion is to award a contract to CEM Sales and Service to complete this essential work. PRIOR ACTION: None FINANCIAL IMPACT: The contract for this project through CEM Sales and Service is $125,212.50. CEM Sales and Service provided the lowest responsive bid with the highest quality filtration. The funding for this project will come from the Conservation Trust Fund (Fund 54). For 2024, $105,000 was earmarked for gel coating the water slides at both Anderson Park Pool and the Wheat Ridge Recreation Center, as well as replacement of the diving board at the Wheat Ridge Recreation Center. This $105,000 will be re-allocated to this emergency repair of the filters. The remaining $20,212.50 to replace the filters will be allocated from the $50,000 budgeted annually within the Council Action Form - Contract with CEM Sales and Service May 13, 2024 Page 2 Conservation Trust Fund for unplanned capital repair. The impacted 2024 priorities will be deferred to future years. BACKGROUND: The Wheat Ridge Recreation Center lap pool serves the broader Wheat Ridge community by providing swim lanes for the local high school and competitive swim teams, internal swim lesson programs and aqua exercise programs, and providing low-impact fitness opportunities for community members. When damage occurred to the filtration manifold, a temporary fix was installed to extend the life of the filters and continue providing the highest quality recreational water programs. The temporary fix has failed, and staff are seeing an alarming amount of filter media come through the damage in the filter cell, ending up in the pool water. The functionality of the filters will need to be addressed immediately to ensure that we are providing safe recreational water access to the community, as well as meeting and exceeding all county and state health codes governing filtration of recreational water. The proposed work will return the facility to the standard prior to the damage occurring and prevent interruptions in service to the community. RECOMMENDATIONS: Staff recommends that the contract be awarded to CEM Sales and Service in the amount of $125,212.50 to remove and replace the lap pool filters at the Wheat Ridge Recreation Center. RECOMMENDED MOTION: “I move to approve the motion to award a contract and approve subsequent payment of $125,212.50 to CEM Sales and Service for replacement of lap pool filters at the Wheat Ridge Recreation Center.” Or, “I move to not approve the award of a contract and subsequent payment of $125,212.50 to CEM Sales and Service for replacement of lap pool filters at the Wheat Ridge Recreation Center for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Sara Heisdorffer, Recreation Supervisor Susie Anderson, Recreation Manager Karen O’Donnell, Parks & Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Contract and RFP-24-123- WRRC Lap Pool Filter Replacement and CEM Sales and Service’s Bid Lap Pool Filter Replacement Contract #24-123 THIS AGREEMENT made this day of May, 2024, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and CEM Sales & Service, 3820 S. Federal Blvd., Sheridan, CO 80110, hereinafter referred to as the “Contractor.” WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 – SERVICES The Contractor will serve as the City’s contractor and provide at a minimum all the professional services required as per the RFP (Exhibit A), as more fully described in the Vendor’s response to the RFP (Exhibit B) incorporated herein by reference. Contractor to remove the existing filters and replace with two stacked NB #48120 Filters. The City will maintain the current turnover rate of 4 hours. ARTICLE 2 – TERM The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. Once the project is complete, if the City deems the Contractor’s performance acceptable and the pricing is consistent with the RFP response, the agreement may be renewed. The agreement may be renewed if: •The work has not been completed per the agreed upon Statement of Work •Pricing remains firm for the renewal period. Upon project completion, if the City has additional filters that need replacement, the City and Contractor may elect to continue the agreement if the performance is acceptable to the City. The City may also elect to solicit for a new Contractor. ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Contractor for services provided, and the Contractor will accept a not-to-exceed amount of one hundred twenty-five thousand, two hundred twelve dollars and fifty cents, ($125,212.50) as full payment for such services. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 22, in order to be processed in the same calendar year. A.Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B.Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of the ATTACHMENT 1 ATTACHMENT 1 provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ARTICLE 4 - ESCALATION All prices/fees/wages offered in response to this RFQ shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, it shall be the vendor’s responsibility to notify the City in advance of any anticipated changes in prices and submit a request for a price increase. This City limits price escalation requests to no more than one (1) rate adjustment per contract term. Increases anticipated to exceed 10% of the original cost will not be accepted, rather the City will resolicit at that time. The City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase, at a minimum. ARTICLE 5-SALES AND USE TAXES Don’t include sales or use tax in invoices, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 ARTICLE 6 – INDEPENDENT CONTRACTOR In performing the work under this agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and shall not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the Contractor—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 7 – INSURANCE In accordance with Article 4 above, the Contractor shall furnish a certificate of insurance upon notification of award, and prior to performance. Work shall not commence under this agreement until the Contractor has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance: Type of Insurance Minimum Limits of Liability Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease Commercial General Liability (including Premises-Operations, Independent Contractor’s Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury $1 million per occurrence $2 million aggregate • Property Damage $1 million per occurrence $2 million aggregate An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. ARTICLE 8 – INDEMNIFICATION The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. ARTICLE 9 – EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action shall include—but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training—including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 10 – CHARTER, LAWS, AND ORDINANCES The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. ARTICLE 11 – LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 12 – TERMINATION The Contractor acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions— including, but not limited to re-procurement costs, insufficient or improper work. The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Contractor will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Contractor prior to the date of such termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 13 – NOTICES Contact Information City Contractor Name: Sara Heisdorffer Joe Teska Office Phone: 303-231-1321 303-916-9206 Email Address: sheisdorffer@ci.wheatridge.co.us jteska@cemsales.com Address: 4005 Kipling St. 3820 S. Federal Blvd. City, State, Zip Code Wheat Ridge, CO 80033 Sheridan, CO 80110 ARTICLE 14 – ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this agreement, and the contractor is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The contractor shall be responsible for the performance of any subcontractor. ARTICLE 15 – SEVERABILITY To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 16 – INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the contractor. ARTICLE 17 - DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert this provision in all sub-contracts for any work covered by this Agreement, so that it shall be binding upon each sub- consultant or sub-contractor providing labor or services. ARTICLE 18 – OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. ARTICLE 19 – PERSONALLY IDENTIFIABLE INFORMATION (PII) Contractors, consultants, business partners and vendors that handle, process or work in areas where personally identifiable information may reside in hard copy or electronic records must maintain the confidentiality of all Personally Identifiable Information (PII). Violation may result in contractual penalties and termination of the business relationship with the City. In extreme cases criminal punishment under Colorado Law (C.R.S. § 24-73- 101) may occur. ARTICLE 20 - DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert this provision in all sub-contracts for any work covered by this Agreement, so that it shall be binding upon each sub- consultant or sub-contractor providing labor or services. ARTICLE 21 - ACCESSIBILITY Contractor(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Any additional costs to add accessibility features will be the obligation of the Contractor, and any addition or change to the Price Proposal will be disallowed. ARTICLE 22 - COOPERATIVE PROCUREMENT The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Wheat Ridge is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity. ARTICLE 23 - VENDOR PERFORMANCE FEEDBACK The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation ARTICLE 24 – INTERNAL TEAM REVIEW Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Sara Heisdorffer, Aquatics Supervisor Date Signed ______________________________________ __________ Karen O’Donnell, Director of Parks & Recreation Date Signed ______________________________________ __________ Patrick Goff, City Manager Date Signed ARTICLE 25 – AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, CO 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) CONTRACTOR APPROVED AS TO FORM: CEM Sales & Service 3820 S. Federal Blvd. Sheridan, CO 80110 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE REQUEST FOR PROPOSALS RFP-24-123-Lap Pool Filter Replacement PROPOSAL DUE DATE: Tuesday, April 23, 2024 BY 2 PM Mountain Time Lap Pool Filter Replacement BidNetdirect.com is the ONLY acceptable repository for submission documents. Late submissions and submissions otherwise received WILL NOT be considered for award. Contact with the issuing department may result in disqualification, please direct questions to contact as listed below. City of Wheat Ridge Procurement Attn: Whitney Mugford-Smith wmsmith@ci.wheatridge.co.us DOCUMENTS PREPARED BY: Procurement & Contracting division on behalf of the Parks & Recreation Aquatics Division ANTIICIPATED KEY DATES RFP Issued: March 29, 2024 Pre-Proposal Site Visit April 8, 2024 at 11am at 4005 Kipling St. Question Acceptance Deadline: April 10, 2024 at 2pm Proposals Due by: April 23, 2024 at 2pm Anticipated Contract Execution: May 14, 2024 Anticipated Start Date: August 19, 2024 IMPORTANT: PLEASE READ ENTIRE DOCUMENT – DO NOT REMOVE ANY PAGES Per the attached specifications, terms, and conditions. TABLE OF CONTENTS COVER PAGE ......................................................................................................................................................... TABLE OF CONTENTS .......................................................................................................................................... ANTICIPATED SCOPE OF WORK ......................................................................................................................... PROPOSAL SUBMISSION ..................................................................................................................................... EVALUATION CRITERIA ........................................................................................................................................ SELECTION PROCESS ......................................................................................................................................... INFORMATION TO PROPOSERS ......................................................................................................................... ADMINISTRATIVE & OFFEROR INFORMATION .................................................................................................. REQUIRED FORMS .............................................................................................................................................. SAMPLE AGREEMENT .......................................................................................................................................... SAMPLE BILLING FORM ....................................................................................................................................... Response Check List – submit documents in order as listed below Response (Proposal details) Proposer Information Sheet Non-Discrimination Form Non-Collusion Affidavit Contractor’s Qualification Form Acceptance of Conditions Statement C.R.S. 18-8-503 Affidavit Reference Authorization Form Performance Bond (100%) Current W-9 (blank provided upon request) ADDENDUM (if applicable) INTRODUCTION, BACKGROUND & SCOPE INTRODUCTION The City of Wheat Ridge (the “City”) Municipal Building is located in the northwest Denver metropolitan area, with municipal offices at 7500 W 29th Avenue, Wheat Ridge, CO 80033. The City’s area consists of about nine square miles of rolling land adjacent to Interstate 70 transportation corridor between Denver and the Rocky Mountains. The topography is somewhat unique, with a natural ridge traversing the City. The City is a suburban community of approximately 33,000 residents. Wheat Ridge is a home-rule municipality with an elected mayor and eight council members, and a Council- Manager form of government. Wheat Ridge recognizes the Best Value procurement model which allows the City to appointment suppliers that best meets the needs of the City, taking into consideration proposer qualifications, price, products, and service capabilities and other factors relevant to the City’s policies, programs, administrative resources, and budget. BACKGROUND The City of Wheat Ridge manages multiple pools around the City including the Wheat Ridge Recreation Center, with an 8- lane lap pool, leisure pool with a lazy river and water slide, and a spa. The Wheat Ridge Recreation Center opened to the public in 2000 and serves residents, guests and visitors, local swim teams and groups, and provides learn to swim programming and aqua exercise classes. SCOPE OF WORK Project Location Wheat Ridge Recreation Center 4005 Kipling St Wheat Ridge, CO 80033 Project Timeline Demolition may begin no earlier than Monday, August 19, 2024. Filter startup and turnover to staff must be completed by Thursday, August 29, 2024. The actual services to be performed will be determined by the city, to include – but not limited to – the following areas: • Demolish existing horizontal sand lap filters, including sand removal • Demolition/replacement of any pipes/structure that must be removed or altered as a part of the removal of the sand filters • Installation of horizontal high-rate sand filters appropriately sized for a 275,000-gallon pool requiring a maximum turnover rate of 5.5 hours. • Startup of new filters to ensure no leaks at pipe joints or filter manhole covers, correction of any leaking found upon startup • Filter design and installation must comply with all local code, requirements of the Colorado Swimming Pools and Mineral Baths Regulation (5 CCR 1003-5), and the 2023 Model Aquatic Health Code (4th Edition) Except for items or materials indicated to be existing to remain, reused, salvaged, reinstalled, or otherwise indicated to remain the city’s property, demolished materials shall become the contractor’s property and shall be removed from the site with further disposition at the contractor’s option. The city will occupy portions of the building immediately adjacent to selective demolition area. Conduct selective demolition so that city operations will not be disrupted. Provide not less than 72 hours’ notice to city of activities that will affect city operations. Contractor will be expected to manage scheduling efforts in accordance with city activities and operations. Quality Assurance: • Experience and knowledge for commercial pool repair like that indicated for this project. • Regulatory requirements: comply with governing EPA and OSHA notification regulations before starting selective demolition. Comply with hauling and disposal regulations of agencies having jurisdiction. Examination • Inventory and record the condition of items to be removed and reinstalled and items to be removed and salvaged. • When unanticipated mechanical, electrical, or structural elements that conflict with the intended function or design are encountered, investigate, and measure the nature and extent of the conflict. Promptly submit a written report to the city. Product Specifications • Horizontal high-rate sand filters appropriately sized for a 275,000-gallon pool requiring a maximum turnover rate of 5.5 hours Demolition Work Included • Shall include but not limit to the complete demolition of existing lap pool filters and installation of new lap pool filters and associated plumbing Experience/Qualifications • The installer shall provide documentation providing a minimum of five (5) successful projects of similar scope and complexity with current contact information and phone number. • The installer shall provide documentation/certification that the laborers performing the work on site have applicable knowledge for demolition and installation. Installation Specifications • Follow manufacturer guidelines and Model Aquatic Health Code Submittals • Submit product literature • Submit all documents required above for experience and qualification. • Provide subcontractor qualification if applicable Environmental Requirements • Equipment shall match or exceed existing structure and equipment. • Comply with governing environmental protection regulations. • Remove and transport debris in a manner that will prevent spillage on adjacent surfaces and areas. • Demolition and repair must meet applicable codes Inspections and Meetings • One (1) Site Visit required prior to contract award • Agenda: Identify and discuss items of significance that could affect progress and installation, including but not limited to the following: o Construction schedule o Critical work sequencing o Accessibility o Designation of responsible personnel qualified to do the work o Verify and discuss if proposed work force is adequate to complete the installation as recommended by the manufacturer o Verify pool mechanical and chemical system is prepared for immediate start up after filling the pool Selective Demolition Demolish and remove existing construction only to the extent required by new construction and as indicated. Use methods required to complete Work within limitations of governing regulations and as follows: • Remove decayed, vermin-infested, or otherwise dangerous or unsuitable materials and promptly dispose of off-site. • Dispose of demolished items and materials promptly. On-site storage or sale of removed items is prohibited. • Return elements of construction and surfaces to remain to condition existing before start of selective demolition operations. Disposal of Demolished Materials • General: Promptly dispose of demolished materials. Do not allow demolished materials to accumulate on-site. • Burning: Do not burn demolished materials. • Disposal: Transport demolished materials off Owner's property and legally disposes of them. Preparation • Conduct demolition operations and remove debris to ensure minimum interference with roads, streets, walks, and other adjacent occupied and used facilities. • Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from Owner and authorities having jurisdiction. Provide alternate routes around closed or obstructed traffic ways if required by governing regulations. • Conduct demolition operations to prevent injury to people and damage to adjacent buildings and facilities to remain. Ensure safe passage of people around selective demolition area. • Erect temporary protection, such as walks, fences, railings, canopies, and covered passageways, where required by authorities having jurisdiction. • Cover and protect furniture, furnishings, and equipment that have not been removed. • Protect air-handling equipment. • Protect pool equipment • Comply with all federal, State, and local safety regulations. Cleaning • After work of this section has been completed, clean-up work area and remove all equipment, excess materials, and debris. Protect mechanical and chemical equipment from damage until time of final completion. • At turnover to Owner, Contractor shall be responsible for, but not limited to, the following: o Vacuuming and cleaning floors o Removal of any debris on pool equipment and piping EVALUATION CRITERIA & PROCESS Evaluation Criteria To simplify the review process and to obtain the maximum degree of comparability, the proposal must follow the outline described below and—at a minimum—contain the requested information. 1. Response (Proposal details) 2. Proposer Information Sheet 3. Non-Discrimination Form 4. Non-Collusion Affidavit 5. Contractor’s Qualification Form 6. C.R.S. 18-8-503 Affidavit 7. Acceptance of Conditions Statement 8. Current W-9 (blank provided upon request) Firms will be evaluated not only on their past experience for the type of work involved, but also on their ability to address issues critical to the success of the project requirements outlined in this RFP. Submittals should be formatted to correspond exactly to the bullets. Indexes for each of the categories are preferred, in the same order. Additional relevant information is encouraged. Omissions or incomplete responses in terms of content or aberrations in form may, at the City’s discretion, render the proposal non-responsive. If you would like to incorporate the City marketing logo or City seal in your submittal, please contact: Whitney Mugford-Smith at wmsmith@ci.wheatridge.co.us 1. Firm Capabilities and References for Similar Work Completed by Proposed Team a. Provide an overview of your company’s history. Include information on management, firm size, number of employees, years in business, location of working office, and other DBA’s. b. Provide references for projects of similar size and scope: include the name, current phone number and email address of the owner’s project manager for each project listed. Provide total dollar amount and a brief summary of the work performed, listing any sub-consultants you may have partnered with. c. Demonstrate experience in overseeing and coordinating multiple, concurrent projects. d. Discuss your firm’s familiarity with the project area and local market. e. State any MBE/WBE, disadvantaged business enterprise participation. f. Provide a statement agreeing to provide and maintain insurance per the RFP requirements, if awarded. g. Disclose any relationships the owner or employees may have that could be construed or perceived as personal or organizational conflicts of interest. h. Provide a brief summary regarding your firm’s financial stability. Disclose whether or not your firm or any affiliates have filed for bankruptcy or reorganization under bankruptcy laws. i. Detail any recycling, sustainable, or greening efforts made by your firm. 2. Scope of Submission a. Identify the team members and their respective roles, including any sub-consultants. b. Provide resumes of essential staff; indicate experience with similar projects, credentials of training, education, and certifications, and lengths of time with the company, c. Outline experience and references of the project manager on similar projects in the same capacity. d. Describe individual experiences with the City or other government agencies. Detail experience in the Denver metropolitan and other areas in Colorado. e. Describe the unique strengths and relevant experience your firm offers. 3. Effective Project Approach, Timeline, and Safety a. Provide information on current and projected (next 9 months) workload and how this project will be accomplished within that framework, outlining various phases, if any. b. Detail your approach in managing work to meet project deadlines, or an expedited schedule if needed. c. Identify any foreseeable problems in the implementation of the program. d. Describe how the objectives identified will be achieved. e. Demonstrate your understanding of the technical requirements. 4. Implementation, Installation, or Plan Effectiveness a. Discuss your customer service philosophy and your firm’s approach toward client communication and reporting. b. Discuss quality control methodology, including adherence to State and local procedures, construction documentation coordination and completion, and assurance of construction quality. c. Discuss cost control methodology, including estimates of probable cost within the owner’s established budget and coordination of value engineering activities. d. Discuss your firm’s billing procedures, claims processing, reporting, collection, and customer service policies. e. Detail any value-added services such as reporting, training, public outreach, educational programs, resources, health and safety programs, investments, or service at public events. 5. Price and/ or Total Cost of Ownership a. Provide a detailed statement of fees including individual rates for partners and support staff. Include all reimbursable expenses, which should be assumed to be billed at cost, without mark-up. b. Outline all rates/fees for staff including fringe benefits, payroll taxes, insurance, and overhead costs. c. List pricing for any or all of the requested services. d. Specify a maximum percentage of increase for renewal years subsequent to initial contract. e. If applicable, detail a sustainable, environmentally responsible path for decommissioning or other end of life activity. f. Rates are negotiable. The City reserves the right to base its evaluation on a “Should Cost” analysis to reflect the real costs to the City arising out of, or incidental to the award. The City shall look to substance more than format and shall perform its cost and price evaluation on the basis of probable real costs. SELECTION PROCESS The selection committee may either recommend an award based on the proposals alone, or elect to short-list firms and conduct interviews. The short-list process includes written notification to the short-listed firms, interviews with firm members, reference checks on the top-ranked firm, and the negotiation of fees. 1) Short List: Submittals will be evaluated in accordance with the evaluation criteria above. The panel will review and score all proposals received. Firms with the highest scores may be invited to participate in oral interviews with the evaluation committee. 2) Oral Interviews: It is anticipated that oral interviews will be conducted in accordance to the schedule below. Short-listed firms will be notified in writing and invited to interview. Key personnel from the firm and major consultants who will be directly involved with the project should attend the interview. The selection committee will, in particular, be interested in knowing more about the firm’s previous experiences, the perceived ability to meet specified deadlines, and the overall project approach, and will appreciate the opportunity to converse with individuals who will act as the primary contacts for the project. 3) Fee Proposals and Final Selection: The City will attempt to negotiate a contract with the highest ranked firm, following the interview process. ADMINISTRATIVE AND OFFEROR INFORMATION 1. PROPOSAL OPENING, EVALUATION, AND AWARD There is no public opening. Names of each proposer will be posted on the city website. Proposals will be examined after opening and will be evaluated based on the evaluation criteria. The firm selected for the award will be chosen based on the apparent Best Value to the City and not necessarily based on lowest price. The City reserves the right to make multiple awards if deemed in the best interest of the City. No proposal may be withdrawn for a period of sixty (60) calendar days of the Proposal Opening date. 2. SALES AND USE TAXES Don’t include sales or use tax in your proposal, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 3. PROPOSER QUALIFICATIONS No proposal shall be accepted from and no contract will be awarded to any person, firm, or corporation that is in arrears to the City of Wheat Ridge, upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City, or that is deemed irresponsible or unreliable by the City. If requested, proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply or service bid upon and that they have the necessary financial resources to provide the proposed supply or service. 4. RIGHT TO INVESTIGATE The City reserves the right to investigate and confirm the proposer’s financial responsibility. This may include financial statements, bank references, and interview with past consultants, employees, and creditors. Unfavorable responses to these investigations are grounds for rejection of the proposal. 5. NO COMMITMENT BY THE CITY OF WHEAT RIDGE This Request for Proposals does not commit the City of Wheat Ridge to award any costs or to pay any costs, or to award any contract, or to pay any costs associated with or incurred in the preparation of a proposal to this request, or to procure or contract for services or supplies. In acceptance of proposals, the City of Wheat Ridge reserves the right to negotiate further with one or more of the contractors as to any features of their proposals, and to accept modifications of the work and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the proposers. 6. PROPOSAL REPRESENTATION Each proposer must sign the proposal and shall give his or her full business address on the form provided in this proposal. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative. Proposals by corporations shall be signed with the name of the corporation, followed by the signature and designation of the president, secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto. 7. ANTI COLLUSION CLAUSE No officer or employee of the City of Wheat Ridge, and no other public official or employee who may exercise any function or responsibilities in the review or approval of this undertaking, shall have any personal or financial interest—direct or indirect—in any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this service. 8. INDEMNIFICATION: Contractor hereby indemnifies and agrees to hold the City and its representatives and agents harmless for and on account of any act or omission of the Contractor in the execution and completion of the project specified herein, and this indemnification shall extend to and include Bodily Injury, Property Damage or Personal Injury, including compensatory, economic, punitive or special damages suffer by any person or entity in connection with the project. Contractor agrees to defend the City hereunder and indemnify the City, to include all court costs and attorney’s fees incurred in any defense required to be undertaken by the City as a result of the actions of the Contractor on the project. Notwithstanding the foregoing, nothing contained herein shall be deemed a waiver by the City of any of the protections afforded the City by virtue of the provisions of the Colorado governmental Immunity Act (Colo. Rev. Stat. 24-10-101). 9. INSURANCE: Certificates of Insurance shall be attached to the executed contract documents and shall become part of the contract as information documents only. The certificates shall provide that the insurance shall not be cancelled or terminated prior to completion of the work and that thirty (30) days’ notice shall be given the City prior to cancellation of policies. The Contractor shall maintain a Commercial General Liability insurance policy to protect the Contractor and the City from any and all claims of bodily injury and property damage, including death, which may arise from the Contractor’s operations and completed operations under this Contract, including the work of its subcontractors. The liability policy shall be the primary and non-contributory insurance for such claims and shall not contain any “excess” or “other insurance” clauses which limit its primary coverage. The insurance requirements are as follows: Certificate Holder: City of Wheat Ridge 7500 West 29th Avenue Required Wheat Ridge, CO 80033 City of Wheat Ridge, its officers and employees must be named as an additional insured to general liability policy. Required All policies as required shall provide a waiver of subrogation in favor of City of Wheat Ridge. Required Workers Compensation - statutory limits provided by an insurance carrier that is licensed to do business in Colorado. The policy shall contain a Waiver of Subrogation on behalf of City of Wheat Ridge. Employer’s liability: $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Required Commercial General Liability $1,000,000 each occurrence $2,000,000 general aggregate $1,000,000 personal injury $2,000,000 products and completed operation aggregate If applicable to the scope of work, the following shall be included: -No exclusion for abuse or molestation -No exclusion for assault and battery -Liquor liability Required Builder’s Risk – The Contractor shall insure 100% of the replacement value of the work and materials installed and delivered, plus the replacement value of the work or materials furnished or delivered but not yet paid for by the City, for the life of the contract on an All-Risk basis, subject to the normal exclusions, terms, and conditions of the standard Builder’s Risk insurance policy with an insurance company or companies acceptable to the City. The Contractor shall be responsible for all damage to the work under construction until acceptance of and release of responsibility for the work to the City. Required Commercial Automobile Liability – including owned, hired, and non-owned vehicles. (If autos are used in the performance of work under this agreement). Combined single limit for bodily injury and property damage. $1,000,000 each accident Required Professional Liability/Errors and Omissions $1,000,000 each claim $1,000,000 aggregate Required The insurance requirements specified by the City shall remain in effect for the full term of the contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent to the City during the full term of the contract and/or agreement and any extension thereof. Required Any subcontractors must meet the same insurance requirements for the contract or purchase order unless Procurement has approved a deviation. Required 10. LAWS AND REGULATIONS All applicable State of Colorado and Federal laws, City and County ordinances, licenses and regulations shall apply to the award throughout, and herein incorporated here by reference. The Proposer shall confirm its compliance with the 80% Colorado labor requirement of the Keep Jobs in Colorado Act, H.B. 13-1292, including C.R.S. 8-17-101,et seq. 11. FEDERALLY FUNDED PROJECTS Supplier must complete and submit the Vendor Qualification Form provided with the request. Failure to complete this form and submit with response may result in the disqualification of the contractor. The City’s acceptance of this proposal shall be based on information provided by the contractor in the form. For all federally funded projects, Contractor cannot be banned or debarred, per current sam.gov information at www.sam.gov. 12. ACCESSIBILITY Contractor(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Contractor also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Contractor agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Contractor’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85- 103(2.5). Any additional costs to add accessibility features will be the obligation of the Contractor, and any addition or change to the Price Proposal will be disallowed. 13. SUBCONTRACTING No portion of this proposal may be subcontracted without the prior written approval of the City. 14. SALES PROHIBITED / CONFLICT OF INTEREST No officer, employee, or member of City Council shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies, or services—where such officer or employee exercises (directly or indirectly) any decision-making authority concerning such sale or has any supervisory authority over the services to be rendered. Soliciting or accepting any gift, gratuity favor, entertainment, kickback, or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited. 15. MODIFICATION OF AGREEMENT No modification of award shall be binding upon the City, unless made in writing and signed by authorized agents of both parties. 16. CANCELLATION Either party may cancel the award in the event that a petition—either voluntary or involuntary—is filed to declare the other party bankrupt or insolvent, or in the event that such party makes an assignment for the benefit of creditors. 17. TERMINATION OF AWARD FOR CAUSE If through any cause the successful proposer shall fail to fulfill in a timely and proper manner its obligations, or if the successful proposer shall violate any of the covenants, agreements, or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful proposer of such termination—specifying the effective date of termination. In that event, all finished or unfinished services, reports, or other materials prepared by the successful proposer shall—at the option of the City—become its property, and the successful proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, or prepared documents/materials furnished. Notwithstanding the above, the successful proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful proposer, and the City may withhold any payments to the successful vendor for the purpose of set-off, until such time as the exact amount of damages due the City from the successful proposer is determined. 18. TERMINATION OF AWARD FOR CONVENIENCE The City may terminate the award at any time by giving written notice to the successful vendor of such termination (specifying the effective date thereof) at least thirty (30) working days before the effective date of such termination. In that event all finished or unfinished services, reports, materials(s) prepared or furnished by the successful proposer under the award shall—at the option of the City—become its property. If the award is terminated by the City as provided herein, the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material of compensation previously made. If the award is terminated due to the fault of the successful proposer, termination of award for cause relative to termination shall apply. 19. EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire, discharge, promote, demote, or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race, creed, sex, national origin, ancestry, or physical handicap. It shall be a condition that any company, firm, or corporation supplying goods or services must be in compliance with the appropriate areas of the Americans with Disabilities Act of 1990 as enacted, and from time to time amended, and any other applicable Federal regulation. A signed, written certificate stating compliance with the Americans with Disabilities Act may be required, upon request, by the City. 20. DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. As a recipient of Federal funds, subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964, the City of Wheat Ridge and its responsible agents, contractors and consultants assure that no person shall on the grounds of race, color or national origin be excluded from participation in the opportunity to bid or be discriminated against in consideration of award of this project. The Unites States has a right to seek judicial enforcement with regard to any matter arising under Title VI, 49 CFR Part 21. 21. COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning. Words in the singular number include the plural, and in the plural include the singular. Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates, words of the neuter gender may refer to any gender. The words “firm,” “bidder,” “vendor,” “offeror,” “contractor,” “consultant,” and “proposer” refer to any person, partnership, corporation, or other entity. 22. PROPRIETARY INFORMATION The evaluation committee will hold information provided by proposers during the solicitation process in confidence until the date of an award. After that date, proposals will become public record. Proposers may request parts of their proposals to remain confidential and shall indicate as such in the proposal and on the appropriate proprietary or financial pages. All information included in any proposal that is of a proprietary nature must be clearly marked. The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm. An entire proposal shall not be considered proprietary. 23. COMPETITIVENESS AND INTEGRITY The Procurement Office maintains control of its internal and third-party communications during the procurement process to prevent biased evaluations and compromises of confidential information, and to preserve the competitiveness and integrity of such procurement efforts. Proposers should not disclose their pricing to any employees of the City other than the contract representative. Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm’s offer. 24. PROPOSAL FORMAT All responses to this Request for Proposal shall use the respondent’s format, except for those pages which have blanks to be filled in by the respondent, or those pages marked for return with proposal. A proposal can be rejected by the City if the submitting firm fails to completely fill in all blanks for evaluation of the proposal or fails to answer all questions. Proposal should be submitted initially on the most favorable terms. All proposals shall be prepared in a comprehensive manner as to content; however, no necessity exists for expensive binders or promotional materials. All costs—including travel and expenses incurred in the preparation of this proposal—shall be borne solely by the proposer. 25. PROPOSAL REJECTION AND / OR PARTIAL ACCEPTANCE The City reserves the right to the following: • Reject any and all proposals. • Accept other than the lowest price. • Waive minor defects or technicalities, formalities, and informalities. • Accept in whole or in part such proposal where it is deemed advisable. • Make an award on the basis of the apparent greatest benefit to the City of Wheat Ridge. • Alter the scope of work reasonably and RFQ documents until a contract is executed. 26. GOVERNING LAW The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Jefferson, State of Colorado. In the event of litigation, the exclusive venue and place of jurisdiction shall be the State of Colorado—more specifically, Jefferson County, Colorado. 27. TAXES AND LICENSES BY THE AWARDED CONTRACTOR The contractor shall promptly pay—when they are due—all taxes, excises, license fees, and permit fees of whatever nature applicable to work which it performs under this agreement and shall take out and keep current all required municipal, County, State or Federal licenses required to perform this work. Additionally, the contractor shall furnish the City—upon request—duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses and taxes. Contractor shall promptly pay—when due—all bills, debts, and obligations it incurs performing work under this agreement, and to allow no lien, mortgage, judgment, or execution to be filed against land, facilities, or improvements owned by the City. 28. PROMPT PAYMENT DISCOUNTS In determining the most responsive price proposal(s) the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified in the respective proposals. Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor in the evaluation of proposals. In connection with any prompt payment discount offered, time will be computed from date of receipt of a correct invoice to include the receipt and acceptance of performance. 29. ESCALATION All prices/fees/wages offered in response to this RFP shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, it shall be the vendor’s responsibility to notify the City in advance of any anticipated changes in prices and submit a request for a price increase. This City limits price escalation requests to no more than one (1) rate adjustment per contract term. Increases will be considered up to 3% of the original contract value. All increases must be justified in writing. The City reserves the right to reject pricing increases and may choose to resolicit. The City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase, at a minimum. 30. OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. 31. FUNDING There is in effect within the City of Wheat Ridge, Colorado, Section 2-4 of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of this Section 2-4 of the Code of Laws. This contract is specifically subject to the provisions of said Code Section. Funding of this contract for any time period after January 1st of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the City Council of the City of Wheat Ridge, Colorado. No promise—expressed or implied—is made that such funding will be approved by the City Council, acting in its legislative discretion. 32. INDEPENDENT CONTRACTOR The consulting firm is an independent contractor. Notwithstanding any provision appearing in this RFP, all personnel assigned by the firm to perform work under the terms of this RFP and any subsequent agreement shall be—and remain at all times—employees or agents of the firm for all purposes. The firm shall make no representation that it is the employee of the City for any reason. 33. EMPLOYMENT OF LABOR The Consultant and each of the approved sub-consultants shall hire qualified workers for the project who are citizens of the Unites States or legal resident aliens with first preference being given, insofar as practicable, to those having served in the armed forces of the United States and having been honorably discharged or released from active duty therein. The Consultant shall employ only competent persons to do the work, and whenever requested in writing by the City Representative, the Consultant shall discharge any person who commits trespass or in, in the opinion of the City Representative, disorderly, dangerous, unfaithful, insubordinate, incompetent or otherwise unsatisfactory. 34. DUE DILIGENCE Due care and diligence have been used in the preparation of this information and it is believed to be substantially correct. The responsibility, however, for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or omissions in the specification, or for the failure on the part of the proposer in determining the full extent of exposure. 35. DEBRIEFING After the project award has been made, vendors may contact the City Purchasing Agent to request a debriefing on the selection process, as well as a discussion of the strengths and weaknesses of their firm’s proposal. 36. SECURITY ACCESS CARDS The City will issue security access cards to assigned workers. It will be at the discretion of the City to determine if the access cards are issued specifically for each worker, or if a guest card will be issued. 37. COOPERATIVE PROCUREMENT The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). We hereby request that and member of MAPO/CPEC by permitted to avail itself of this contract and purchase as specified by the contract resulting from this solicitation request, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Wheat Ridge is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity. 38. VENDOR PERFORMANCE FEEDBACK The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 39. SAMPLE AGREEMENT A sample agreement is provided in the RFP documents for informational purposes only. Do not complete or enclose with your submission. THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE ITEM NO: 6 DATE: May 13, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 25-2024 – A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR AN OPEN SPACE REVERTER RELEASE WITH JEFFERSON COUNTY, MOVING AN EXISTING REVERTER FROM TOWN CENTER PARK TO THE GREEN AT 38TH 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 purchased property for the Town Center Park in 1982 using Jefferson County Open Space funding. Because Open Space funding was used, a Jefferson County Open Space reverter was placed on the Town Center Park which restricts the use of that property to public park and recreation purposes. The Town Center Park is no longer a viable option for a community park due to a number of factors including commercial redevelopment in the area. In the meantime, the City is currently developing The Green at 38th as a new community plaza and park on 38th Avenue, within a few blocks of the Town Center Park. To decommission the Town Center Park, Jefferson County Open Space has agreed to release the reverter and move it to The Green at 38th. This Resolution provides the Mayor with the authority to sign the associated agreement with Jefferson County to complete the effort of transferring the reverter. PRIOR ACTION: In 1981, City Council passed Resolution 762, a resolution authorizing reimbursement from City of Wheat Ridge’s attributable share of the Jefferson County Open Space Fund for land at 4020 and 4084 Wadsworth Boulevard in Wheat Ridge for parks and open space purposes. Council Action Form – Open Space Reverter Release Agreement May 13, 2024 Page 2 In 1984, City Council passed Resolution 888, a resolution to approve a new spending limit for the Wadsworth Town Center Park Project at the level of $300,000 for design and construction and authorizing the public works department to do demolition work and the parks & recreation department to do the planting of trees. During the study session on March 4, 2024, City Manager Goff provided an update on The Green at 38th project. During that update, information on this reverter exchange was shared. FINANCIAL IMPACT: There is no cost to transfer the reverter from one property to another. Following this action, if the City were to sell Town Center Park, the agreement states that proceeds from the sale of Town Center Park will be used by Wheat Ridge to help develop the Green at 38th Property project or another park or open space project in the City of Wheat Ridge. An appraisal, completed in February of 2023, lists the value of Town Center Park as $410,000 as a stand-alone site, and $1,250,000 as part of the Wadsworth frontage combined site. BACKGROUND: Due to heightened safety concerns that emerged during the pandemic, Town Center Park has been temporarily closed for an extended period. The presence of a Jefferson County Open Space (JCOS) reverter on the property has complicated the City’s ability to repurpose the space until the reverter is either relocated or removed. When a JCOS reverter has been placed on a property, it simply means that the property must be used for parks and recreation purposes in perpetuity. Over the past few years, staff has engaged in ongoing discussions with Jefferson County Open Space to carefully evaluate the City’s legal options. These discussions were temporarily put on hold as negotiations unfolded regarding the ownership of The Green at 38th. An agreement has been reached with the Jefferson County School District, confirming that the City of Wheat Ridge will take ownership of the park portion of The Green at 38th. This positive development now positions the City to move the reverter from Town Center Park to The Green at 38th, a crucial step that would enable the eventual sale of Town Center Park, pending approval from Council. The anticipated sale proceeds would be deposited into Fund 32, earmarked for future park and open space projects within the city. RECOMMENDATIONS: Staff believes that this proposed course of action is not only legally sound but also strategically advantageous for the community. Staff recommends the approval of this Resolution and associated agreement with Jefferson County, allowing for the transfer of the reverter from Town Center Park to The Green at 38th. Alternatively, the City could retain the reverter at Town Center Park, which would require a financial investment to create opportunities to make the park a safe, useful, and vibrant park amenity for the Wheat Ridge community. Council Action Form – Open Space Reverter Release Agreement May 13, 2024 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 25-2024, a resolution authorizing the mayor to execute an agreement for an open space reverter release with Jefferson County, moving an existing reverter from Town Center Park to The Green at 38th.” Or, “I move to postpone indefinitely Resolution No. 25-2024, a resolution authorizing the mayor to execute an agreement for an open space reverter release with Jefferson County, moving an existing reverter from Town Center Park to The Green at 38th for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 25-2024 2. Agreement for Open Space Reverter Release CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 25 Series of 2024 TITLE: A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT FOR AN OPEN SPACE REVERTER RELEASE WITH JEFFERSON COUNTY, MOVING AN EXISTING REVERTER FROM TOWN CENTER PARK TO THE GREEN AT 38TH WHEREAS, Jefferson County funds were used to purchase the 0.7-acre Town Center Park in 1982; and WHEREAS, this resulted in a reverter being placed on the property, which provides that the Town Center Park is quitclaimed to Wheat Ridge, so long as said property is used exclusively for public open space, park and recreational purposes; and WHEREAS, in order to remove the reverter and list Town Center Park for sale or use it for alternate purposes, the reverter must be moved to another park or open space property; and WHEREAS, the City of Wheat Ridge is taking ownership of The Green at 38th property from the Jefferson County School District, making this space a viable alternative for the reverter; and WHEREAS, Jefferson County, the City of Wheat Ridge, and the Jefferson County School District have all agreed to this approach and have included language in the Title documents that support this effort; and WHEREAS, the completion of this effort is subject to the condition of execution of the attached agreement. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The City Council hereby authorizes the Mayor to sign the agreement for an open space reverter release. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 13th day of May 2024. Bud Starker, Mayor ATTEST: Steve Kirkpatrick, City Clerk ATTACHMENT 1 AGREEMENT FOR OPEN SPACE REVERTER RELEASE This Agreement for Open Space Reverter Release (“Agreement”), dated for reference purposes this ___ day of _____________________ , 2024, is by and between the County of Jefferson, State of Colorado, a body politic and corporate, (“Jefferson County”) and the City of Wheat Ridge, a municipal corporation of the State of Colorado (“Wheat Ridge”) (individually a “Party” and collectively the “Parties”). RECITALS A.In 1982, Jefferson County Open Space funds were used to purchase the 0.7-acre Town Center Park property (“Town Center Park”) located in Wheat Ridge, for $160,000. B. Under the terms of the Commissioners Deed dated September 15, 1982, and recorded in the Jefferson County Clerk and Recorder’s Office at Reception No. __________ (the “Town Center Park Deed”), the County conveyed Town Center Park to Wheat Ridge. A copy of the Town Center Park Deed is attached hereto as Exhibit A and incorporated herein. C. The County reserved in the Town Center Park Deed a possibility of reverter, which provides that Town Center Park is quitclaimed to Wheat Ridge “. . . so long as said property is used exclusively for public open space, park and recreational purposes.” D.The possibility of reverter referenced above is referred to herein as the “County’s Reserved Interest.” E.The Town Center Park is currently appraised at a value of $410,000, (the “Town Center Park 2023 Value”). F.Wheat Ridge has requested that Jefferson County release the County’s Reserved Interest in Town Center Park under the terms of that release document, a copy of which is attached hereto and incorporated herein as Exhibit B, (the “Town Center Reverter Release”). G.In exchange for Jefferson County executing the Town Center Reverter Release, Wheat Ridge has offered that Jefferson County hold an interest in a 1.62 acre parcel to be acquired by Wheat Ridge from the Jefferson County School District (the “District”), the legal description of which is attached hereto and incorporated herein as Exhibit C, and defined herein as the “Green at 38th Property”. H. As additional consideration for Jefferson County’s execution of the Town Center Reverter Release, Wheat Ridge has stated that proceeds from the sale of Town Center Park will be used by Wheat Ridge to help develop the Green at 38th Property project or another park or open space project in the City of Wheat Ridge. I. The Purchase and Sale Agreement between Wheat Ridge and the District for the Green at 38th Property contains a requirement that the conveyance deed from the District include a provision that if it is not used for park and open space purposes, the Green at 38th Property shall revert to the District. J.The Parties have agreed and the District concurs that Jefferson County can hold an interest in the Green at 38th Property such that should the Green at 38th Property cease to be used for park and open space purposes, title to the Green at 38th Property will go first to Jefferson County, and should the Green at 38th Property thereafter cease to be used for park and open ATTACHMENT 2 82071823 - 2 - space purposes, title to the Green at 38th Property shall then go to the District. K. This agreement for title to go first to Jefferson County and then to the District shall be reflected in Reverter language which shall be incorporated into the deed to the Green at 38th Property from the District, a copy of which is attached hereto as Exhibit D and incorporated herein, (the “District Deed”). L. The Parties also agree that at such time, if ever, title to the Green at 38th Property vests in the District under the terms of the District Deed, then as additional consideration for Jefferson County’s execution of the Town Center Reverter Release, the Town Center Park 2023 Value of $410,000 shall be promptly refunded to Jefferson County by Wheat Ridge. Refund of the Town Center Park 2023 Value shall be applied by the County to Wheat Ridge’s Attributable Share Fund in accordance with the then effective Open Space Program Policies. NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties agree as follows: 1.Wheat Ridge will deliver to Jefferson County a recorded copy of the District Deed. 2.Jefferson County shall record a fully executed Town Center Reverter Release. 3.As additional consideration for Jefferson County’s execution of the Town Center Reverter Release, proceeds from the sale of Town Center Park will be used by Wheat Ridge to help develop the Green at 38th Property project or another park or open space project in the City of Wheat Ridge. 4.Should fee title to the Green at 38th Property ever vest in the District under the terms of the District Deed, then as additional consideration for Jefferson County’s execution of the Town Center Reverter Release, the Town Center Park 2023 Value of $410,000 shall be promptly refunded to Jefferson County by Wheat Ridge. Refund of the Town Center Park 2023 Value shall be applied by the County to Wheat Ridge’s Attributable Share Fund in accordance with the then effective Open Space Program Policies. 5.Except for such of the terms, conditions, covenants and agreements hereof which are, by their very nature, fully and completely performed, all of the terms, conditions, covenants and agreements herein set forth, (including without limitation Wheat Ridge’s obligation to refund to Jefferson County the Town Center Park 2023 Value of $410,000 should title to the Green at 38th Property ever vest in the District under the terms of the District Deed, and proceeds from the sale of Town Center Park will be used by Wheat Ridge to help develop the Green at 38th Property project or another park or open space project in the City of Wheat Ridge), shall survive the delivery of the District Deed and the Town Center Reverter Release and shall continue thereafter to be binding upon and inure to the benefit of the Parties. -3 - 6. No member of the County government or the Board of County Commissioners of Jefferson County shall be admitted to any share or part of this Agreement or any benefit that may arise therefrom. 7. This Agreement may be executed in counterparts, and upon full execution thereof, such copies taken together shall be deemed to be a full and complete agreement between the Parties. The Parties approve the use of electronic signatures for execution of this Agreement. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121. COUNTY OF JEFFERSON, STATE OF COLORADO By: __________________________________ Leslie Dahlkemper, Chair, Board of County Commissioners Date: _____________________________ APPROVED AS TO FORM: By: _____________________ Anne T. Kelson Assistant County Attorney -4 - CITY OF WHEAT RIDGE, STATE OF COLORADO By: __________________________________ Date: ____________________________ Bud Starker, Mayor - 5 - EXHIBIT A Copy of Town Center Park Deed See next page - 6 - EXHIBIT B Town Center Reverter Release RELEASE OF REVERTER INTEREST THIS RELEASE OF REVERTER INTEREST, dated for reference purposes only this ____ day of ______________, 20__, is made by the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County”). RECITALS A. By virtue of that Commissioner’s Deed dated September 15, 1982, and recorded at Reception Number 82071823, with the Clerk and Recorder of Jefferson County, Colorado, (the “Deed”), the County quitclaimed to the City of Wheat Ridge, (the “City”), the County’s interest in certain real property located in Jefferson County, Colorado, (the “Property”). B. Under the terms of the Deed the County reserved a possibility of reverter interest in the Property, which provides that the Property is quitclaimed to the City so long as the Property “…is used exclusively for public open space, park and recreational purposes and no longer,…”, (the “County’s Reserved Interest”). C. The City has requested that the County release the County’s Reserved Interest, over the Property, (the “Released Property”), and the County agrees to the City’s request. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the County hereby expressly quit claims, terminates and releases to the City the County’s Reserved Interest in the Released Property, which consists of all of the Property identified in the Deed, together with all of the County’s rights associated therewith, effective upon recordation of this instrument. IN WITNESS WHEREOF, the County has executed this Release of Reverter Interest. - 7 - COUNTY OF JEFFERSON, ATTEST: STATE OF COLORADO _________________________ By _____________________________ Deputy Clerk & Recorder Lesley Dahlkemper, Chairman Board of County Commissioners STATE OF COLORADO ) ) ss. COUNTY OF JEFFERSON ) The foregoing RELEASE OF REVERTER INTEREST was acknowledged before me this ______ day of ____________, 20__, by Lesley Dahlkemper as Chairman of the Board of County Commissioners for Jefferson County. WITNESS my hand and official seal. My Commission expires: __________________________ __________________________ Notary Public APPROVED AS TO FORM: __________________________ Anne T. Kelson Assistant County Attorney - 8 - EXHIBIT C Legal Description of Green at 38th Property (to be added at a later date) - 9 - EXHIBIT D Copy of District Deed (to be added at a later date) ITEM NO: 7 DATE: May 13, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 26-2024 – A RESOLUTION INITIATING A LEGISLATIVE ZONE CHANGE FOR THE LUTHERAN LEGACY CAMPUS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: In less than three months, the Lutheran Hospital will move from its current location to Clear Creek Crossing. The City prepared for this move (and for the redevelopment opportunity it creates) by adopting the Lutheran Legacy Campus Master Plan in October 2021. A zone change and an amendment to the City Charter are both required to realize the community vision outlined in the Master Plan. This resolution takes the first step in formally advancing a city-initiated zone change of the Lutheran Legacy Campus. PRIOR ACTION: City Council discussed this topic at a study session on April 8, 2024 and provided consensus and direction to proceed with a city-initiated zone change and charter amendment. FINANCIAL IMPACT: Community Development staff will manage the rezoning process, so the financial impact is minimal. There may be some cost associated with support from the City Attorney’s office or limited consultation with zoning experts in crafting custom zoning regulations. The intent of the rezoning is to catalyze investment in the campus which could, in the future, financially benefit the City. Council Action Form – Lutheran Legacy Campus City-Initiated Zone Change May 13, 2024 Page 2 BACKGROUND: Lutheran Legacy Campus Master Plan Later this year, on August 3, 2024, Lutheran Hospital will move to Clear Creek Crossing at I-70 and W. 40th Avenue. The City began preparing for this move several years ago by facilitating a master planning process to reimagine the future of the campus. The Lutheran Legacy Campus Master Plan was adopted by City Council in October 2021. It outlines a framework for future development and describes community expectations and goals. The master plan describes three key expectations which represent the central tradeoff associated with future redevelopment: 1. The perimeter should serve as a buffer and transition between the campus and existing adjacent neighborhoods, 2. Future development should integrate existing assets to the greatest extent possible (such as the chapel, blue house, and trail along the Rocky Mountain Ditch), and in exchange, 3. The interior will be afforded more flexibility in terms of land use and height. While the master plan was adopted two and half years ago, no significant action has occurred since then; no buyer has been identified, no zone change has occurred, and soon the hospital will vacate the site. As discussed at the April 8 study session, both the zoning and the City Charter would need to change to realize the community vision outlined in the Master Plan. This resolution is the required first step for a city-initiated zone change. Legislative Zone Change There are two types of zone changes allowed by City Code: city-initiated and private. The most common type of zone change in Wheat Ridge is a private rezoning which is initiated by private property owners. These requests are considered “quasi-judicial,” and decision makers are prohibited from discussing the merits of a zone change with each other or the public outside of the public hearing. A zone change proposal that is city-initiated or legislative (these terms can be used interchangeably) is one that is initiated by City Council. This is different than a private rezoning because legislative actions are those which affect the general public and decision makers can engage in public discussion. While not frequent in Wheat Ridge, the City has a history of legislative rezonings including along portions of Wadsworth and W. 38th Avenue. Like those corridors, the Wheat Ridge community has a broad vested interest in the Lutheran Legacy Campus, and this is memorialized in the Master Plan. To achieve the vision of any long-range plan, zoning rules need to be aligned with a plan. This is why legislative zone changes often follow planning efforts, and this is why the Lutheran Legacy Campus is an ideal candidate for such action. Section 26-113 of the Wheat Ridge Code of Laws describes the process and requirements associated with a legislative zone change. Specifically, it describes these key points: Council Action Form – Lutheran Legacy Campus City-Initiated Zone Change May 13, 2024 Page 3 • City-initiated rezonings may be made with or without consent from affected property owners. • City-initiated rezonings may be to any zone district. • The process of a city-initiated zone change is formally commenced by adoption of a resolution that describes the general area of the proposed rezoning and the intended purpose and objectives to be achieved by the rezoning. • Similar to a private zone change request, a series of public meetings are required: o Neighborhood meeting o Planning Commission public hearing o City Council first reading o City Council public hearing The proposed legislative zone change would have the same boundary as the Lutheran Legacy Campus Master Plan. Currently, the predominant zoning on the site is Planned Hospital District (PHD), for which permitted uses include only hospitals, hospice care, and accessory uses customarily associated with a medical campus. The purpose of the legislative zoning would be to eliminate this restrictive zoning, and instead apply a zone district that aligns with the vision in the Master Plan—allowing a mix of land uses (residential, office, civic, retail, and cultural), allowing a mix of housing types, and requiring open space and multimodal facilities. The purpose of proceeding with a city-initiated zone change (instead of waiting for a private zone change request) is to reduce the amount of time that portions of the property sit vacant and to catalyze investment in the site. Next Steps Staff has analyzed the Master Plan, reviewed the zoning code, and will likely proceed with the creation of a new mixed use zone district. The new district would be created specifically for the campus and aligned with the Master Plan (for example, it could be called “Mixed Use-Lutheran Legacy Campus” or MU-LLC). Regarding public process, staff is actively engaging and educating the public on the content of the Master Plan and the next steps required to advance the plan. The April 16th Let’s Talk public open house included a booth and activity specific to the Lutheran Legacy Campus. On April 30th, Magellan Strategies released a poll related to the campus which gauges the public’s familiarity with the Master Plan and gauges public support for a charter amendment. Those poll results will be available to share during the May 13 special study session meeting. The crafting of a new zone district and the process of the zone change will include a variety of public meetings and study sessions over the next few months. The project will be present at the June 6 and September 17 Let’s Talk open houses, and study sessions with Planning Commission and City Council will be scheduled for later this year to review the proposed zoning regulations. Public engagement and education will utilize all typical channels including print and social media, as well as piggy backing on other public events throughout the year. Council Action Form – Lutheran Legacy Campus City-Initiated Zone Change May 13, 2024 Page 4 While much of the groundwork for the legislative zone change will occur this summer and fall, the public hearings would likely not occur until after the results of the charter amendment ballot question are known in November. RECOMMENDATIONS: Staff recommends approval of the resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 26-2024, a resolution initiating a legislative zone change for the Lutheran Legacy Campus.” Or, “I move to postpone indefinitely Resolution No. 26-2024, a resolution initiating a legislative zone change for the Lutheran Legacy Campus, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Community Development Director Jana Easley, Planning Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 26-2024 CITY OF WHEAT RIDGE RESOLUTION NO. 26 Series of 2024 TITLE: A RESOLUTION INITIATING A LEGISLATIVE ZONE CHANGE FOR THE LUTHERAN LEGACY CAMPUS WHEREAS, the City of Wheat Ridge is a home rule municipality acting by and through its elected City Council; and, WHEREAS, the City Council adopted the Lutheran Legacy Campus Master Plan (“Master Plan”) after a public hearing on October 25, 2021; and, WHEREAS, the Master Plan describes a vision for the future of the campus and documents extensive public input and community goals; and, WHEREAS, the plan recommends that the campus redevelop over time with a mix of land uses, a mix of housing types, and a variety of open space and multi-modal amenities; and, WHEREAS, the Lutheran Legacy Campus is predominantly zoned Planned Hospital District (PHD) with smaller portions zoned Planned Commercial Development (PCD) and Residential-One (R-1); and, WHEREAS, the City Council recognizes that the current zoning is misaligned with the Master Plan and can be proactively changed in order to realize the vision for the campus; and, WHEREAS, Section 26-113 of the Code of Laws allows for city-initiated zone changes and requires that City Council adopt a resolution to begin such process. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The City Council hereby initiates a zone change for the Lutheran Legacy Campus, including those parcels subject to the Lutheran Legacy Campus Master Plan, generally bounded by W. 32nd Avenue, Dudley Street, W. 38th Avenue, and Allison Court, as shown in Exhibit A. DONE AND RESOLVED by the City Council this 13th day of May 2024. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk ATTACHMENT 1 EXHIBIT A ITEM NO: 8 DATE: May 13, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO BANK OF OKLAHOMA FOR 2024 PRINCIPAL AND INTEREST PAYMENTS IN THE AMOUNT OF $3,499,800 FOR THE CITY OF WHEAT RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS, SERIES 2017A PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ________________________ Deputy City Manager City Manager ISSUE: On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s first interest payment for 2024 is due June 1 in the amount of $249,900 and the principal and second interest payment is due December 1 in the amount of $3,249,900. Funds to cover the 2024 payments are budgeted in the 2024 2E Bond Fund budget. PRIOR ACTION: City Council approved the principal and interest payments on the bonds due in 2019, 2020, 2021, 2022 and 2023. On August 22, 2016, City Council approved Council Bill 17-2016, an ordinance giving notice of and calling for a special municipal election to be held November 8, 2016, and submitting a ballot question concerning a temporary increase of one-half of one cent (0.50%) in the City’s sales and use tax rate for 12 years, without increasing property tax, and the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities. Council Action Form – 2E Bond Principal and Interest Payment May 13, 2024 Page 2 FINANCIAL IMPACT: The aggregate principal amount of the bonds total $30,595,000 with a total repayment cost of $37,809,255 by December 1, 2028. The maximum annual repayment cost of the bonds will not exceed $3,700,000. The 2024 adopted 2E Bond Fund budget includes adequate funds for debt service payments. In 2023, the 0.50% sales and use tax rate increase generated $5,050,046. Therefore, funds are available to cover these debt service payments. BACKGROUND: In 2007, when the Mayor initiated a resident task force to prioritize infrastructure needs, the City identified numerous unfunded capital infrastructure projects. That task force was referred to as the DIRT Task Force, referencing “drainage, infrastructure, roads and trails.” A second DIRT Task Force was initiated by City Council directive on April 25, 2016. This resident group was tasked with reprioritizing and updating the list of projects and recommending priorities to City Council. City Council directed staff to move forward with a ballot question requesting a temporary, one-half of one cent (0.50%) increase to the City sales and use tax rate for 12 years and the issuance of debt to finance the following projects: • Anderson Park Improvements • Wadsworth Boulevard Reconstruction – 35th Avenue to Interstate 70 • Wheat Ridge • Ward Commuter Rail Station Area • Clear Creek Crossing Mixed-Use Development Site on the West Side of I-70 at 38TH and Youngfield At the regular general election held on November 8, 2016, the electorate of the City approved ballot question 2E. The revenues from the voter approved 0.5% tax increase are accounted for in a special fund and will not be released or available for any purposes except for the four projects listed above and to pay debt service on these bonds and to replenish the reserve fund. The City entered into a Registrar and Paying Agent Agreement with Colorado State Bank and Trust on May 2, 2017, which requires the City to transfer principal and interest debt payments to the bank by a certain date, otherwise the City will be in default of this agreement. The payments to Colorado State Bank were subsequently assigned to Bank of Oklahoma. RECOMMENDATIONS: Staff recommends approval of this motion. RECOMMENDED MOTION: “I move to approve payment to Bank of Oklahoma for 2024 principal and interest payments in the amount of $3,499,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A.” Or, Council Action Form – 2E Bond Principal and Interest Payment May 13, 2024 Page 3 “I move to deny payment to Bank of Oklahoma for 2024 principal and interest payments in the amount of $3,499,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2017A for the following reason(s) .” REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager Allison Scheck, Deputy City Manager Mark Colvin, Finance Manager ATTACHMENTS: 1. Bond Debt Service Mar 22, 2017 8:58 am Prepared by FirstSouthwest (LDR) (Finance 7.017 c:\users\lramos\desktop\City of Wheat Ridge, Colorado:3_21_17P-AAMIN_NI) Page 2 BOND DEBT SERVICE City of Wheat Ridge, Colorado Sale Tax Revenue Bonds, Series 2017 (Pricing Day 3.21.2017) PRICING DAY 3.21.2017 FINAL NUMBERS Period Annual Ending Principal Coupon Interest Debt Service Debt Service 12/01/2017 2,800,000 3.000% 690,454.72 3,490,454.72 3,490,454.72 06/01/2018 552,650.00 552,650.00 12/01/2018 2,400,000 3.000% 552,650.00 2,952,650.00 3,505,300.00 06/01/2019 516,650.00 516,650.00 12/01/2019 2,465,000 4.000% 516,650.00 2,981,650.00 3,498,300.00 06/01/2020 467,350.00 467,350.00 12/01/2020 2,565,000 4.000% 467,350.00 3,032,350.00 3,499,700.00 06/01/2021 416,050.00 416,050.00 12/01/2021 2,665,000 2.000% 416,050.00 3,081,050.00 3,497,100.00 06/01/2022 389,400.00 389,400.00 12/01/2022 2,720,000 5.000% 389,400.00 3,109,400.00 3,498,800.00 06/01/2023 321,400.00 321,400.00 12/01/2023 2,860,000 5.000% 321,400.00 3,181,400.00 3,502,800.00 06/01/2024 249,900.00 249,900.00 12/01/2024 3,000,000 5.000% 249,900.00 3,249,900.00 3,499,800.00 06/01/2025 174,900.00 174,900.00 12/01/2025 3,150,000 ** % 174,900.00 3,324,900.00 3,499,800.00 06/01/2026 119,400.00 119,400.00 12/01/2026 3,260,000 4.000% 119,400.00 3,379,400.00 3,498,800.00 06/01/2027 54,200.00 54,200.00 12/01/2027 2,710,000 4.000% 54,200.00 2,764,200.00 2,818,400.00 30,595,000 7,214,254.72 37,809,254.72 37,809,254.72 ATTACHMENT 1 ATTACHMENT 1