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
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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.
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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
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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
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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.
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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