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HomeMy WebLinkAbout04-08-2024 - City Council Meeting Agenda ADA Accessibility Statement The City of Wheat Ridge (City) is committed to providing accessible facilities, services, and communication to all members of the public. As part of this commitment, the City aims to provide an accessible website compatible with W3C Web Content Accessibility Guidelines (WCAG 2.2) that is in compliance with Colorado HB 21-1110, allowing individuals with a disability to understand and use the website to the same degree as someone without a disability. As the City works toward this goal, you may have a need to access documents in an accessible format (e.g., Braille, large print, audio, etc.). In that event, please contact the ADA Coordinator, Kelly McLaughlin, at ada@ci.wheatridge.co.us or 303-235-2885 who will make every effort to respond to your inquiry and provide an alternative solution. AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO April 8, 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 April 8, 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 April 8, 2024) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES None APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Animal Care and Control 2. Proclamation – Crime Victims’ Rights 3. Proclamation - Arbor Day and Earth Day PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None ORDINANCES ON FIRST READING 1. Council Bill No. 06-2024 – an ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning Public Hearing letter notice DECISIONS, RESOLUTIONS, AND MOTIONS 2. Motion to approve the public art selection titled “Mechan and Celestial Vines” by Tyler Fuqua to be installed at the Wheat Ridge Ward Transit Oriented Development project site 3. Resolution No. 15-2024 – a resolution authorizing the Mayor to execute a license agreement and confirmation, grant, and conveyance of ditch right-of-way and easement with the Lee & Baugh Ditch company CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION PROCLAMATION ANIMAL CARE AND CONTROL OFFICER APPRECIATION WEEK APRIL 14-20, 2024 WHEREAS, Animal Care and Control personnel provide essential community functions by enforcing Animal Control laws, protecting the public from diseases such as rabies, and educating the public on the proper care of community pets; and WHEREAS, Animal Care and Control personnel risk life and limb by going out into the public to protect the welfare of helpless animals and pets that are rescued from injury, disease, abuse, and starvation; and WHEREAS, Animal Care and Control officers conduct humane investigations and protect animals from abusers and people from dangerous animals; and WHEREAS, Animal Care and Control officers are the voice of justice for the voiceless victims they often defend in a court of law; and WHEREAS, the City of Wheat Ridge is hereby dedicated to showing our appreciation to the Animal Care and Control officers, such as the City’s Community Services Officers, who endorse the bond between animals and humans advocating for responsible ownership by setting standards of professionalism in public safety and animal welfare. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the week of April 14-20, 2024, as ANIMAL CARE AND CONTROL OFFICER APPRECIATION WEEK And reaffirm the City’s commitment to supporting the men and women tasked with enforcing regulations, bylaws, and ordinances regarding animal control. IN WITNESS THEREOF, on this 8th day of April 2024. ____________________________ Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION NATIONAL CRIME VICTIMS' RIGHTS WEEK APRIL 21-27, 2024 WHEREAS, the victims' rights movement has resulted in the passage of laws at the local, state, and federal levels that established essential rights for victims; and WHEREAS, the rights of crime victims are best protected when all participants in the criminal justice process, not only victims, are appropriately educated about victims' rights; and WHEREAS, supporting victims of crime is crucial to the U.S. justice system because our support honors the experiences of victims and allows them to find autonomy and empowerment through achieving self-defined goals; and WHEREAS, the accomplishments of the victims' rights movement, achieved through compassion and collaboration, and built on the courageous advocacy of individual victims and their families across the country, inspire in us hope for future progress and greater healing; and WHEREAS, the City of Wheat Ridge is hereby dedicated to strengthening victims and survivors in the aftermath of crime, building resilience in our communities and our victim service providers, and bringing hope and healing to all victims and survivors. NOW, THEREFORE, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the week of April 21-27, 2024, as CRIME VICTIMS’ RIGHTS WEEK And reaffirm the City’s commitment to creating a victim service and criminal justice response that assists all victims of crime, and to express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice, and peace. IN WITNESS THEREOF, on this 8th day of April 2024. ____________________________ Bud Starker, Mayor ____________________________ Steve Kirkpatrick, City Clerk PROCLAMATION EARTH DAY – APRIL 22, 2024 NATIONAL ARBOR DAY – APRIL 26, 2024 WHEREAS, all people, regardless of race, gender, income, or geography, have a right to a healthy, sustainable environment with economic growth and opportunity; and WHEREAS, we are all caretakers of our planet and have an obligation to combat climate change and environmental degradation to preserve the Earth's beauty and resources; and WHEREAS, this year marks the 54th anniversary of the Earth Day movement; let it be known that the City of Wheat Ridge, Colorado, encourages all businesses, institutions, and individuals to celebrate the Earth and commit to caring for the planet and its resources; and WHEREAS, trees provided one of the first business opportunities in Wheat Ridge in the 1860's; and WHEREAS, trees continue to be an important part of the quality of life to community members and visitors, enhancing property values and community spirit; and WHEREAS, residents, businesses, green industry, elected officials and staff continue to work together to maintain and provide a healthy tree canopy throughout the City of Wheat Ridge as part of a comprehensive community forest program; and WHEREAS, the City of Wheat Ridge has been awarded “Tree City U.S.A.” by the National Arbor Day Foundation for 44 years. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare Monday, April 22, 2024, as CITY OF WHEAT RIDGE EARTH DAY CELEBRATION Encouraging people in Wheat Ridge to combat climate change and environmental degradation, support green economy initiatives, and to inspire others to undertake similar actions; and I also declare Friday, April 26, 2024, as CITY OF WHEAT RIDGE ARBOR DAY CELEBRATION Encouraging community members and businesses of Wheat Ridge to care for, enjoy and appreciate trees in your yard and neighborhood. __________________________ Bud Starker, Mayor ________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1 DATE: April 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 06-2024 – AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING LETTER NOTICE PUBLIC HEARING ORDINANCES FOR 1ST READING (04/8/24) BIDS/MOTIONS ORDINANCES FOR 2ND READING (04/22/24) RESOLUTIONS QUASI-JUDICIAL: YES NO ___________________________ ______________________________ Community Development Director City Manager 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. PRIOR ACTION: Over the past several years, City Council and staff have implemented legislative and practical improvements in public information and engagement. Most recently, City Council discussed current code requirements on November 20, 2023. At that study session, direction was given to staff to expand letter notice from 600 to 1000 feet. Planning Commission reviewed this ordinance at a public hearing held on March 21, 2024, and recommended approval by a vote of 7 to 0. A copy of the draft Planning Commission minutes will be provided with the second reading materials. FINANCIAL IMPACT: The proposed ordinance will increase mailing costs. Council directed staff to share this cost with applicants, and the fee schedule will be updated accordingly if this ordinance is approved. Council Action Form – Expanded Letter Notice April 8, 2024 Page 2 BACKGROUND: Current Code Public notice is a critical legal requirement for a variety of development-related applications. Notice requirements for public hearings are detailed in Charter Section 5.10 and Code Section 26-109 which stipulate four types of notice for public hearings: sign notice, letter notice, publication in a newspaper, and publication on the City’s website. 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. The attached ordinance amends the letter notice from 600 to 1000 feet for neighborhood meetings and public hearings. This would mean increased notice for the following types of meetings and applications: Neighborhood meetings: • Special Use Permit • Zone Change • Concept Plan (for sites 10 acres or larger) • Outline Development Plan (planned development zoning) Public hearings: • Special Use Permit • Zone Change • Outline Development Plan • Specific Development Plan • Type II Subdivision • Planning Building Group • Master Sign Plan • Historical Designation • Right-of-Way Vacations (requested by an applicant, not City-initiated) The November 2023 Council discussion focused on case types reviewed by the Planning Commission and City Council. In preparing the ordinance, staff discussed the application types heard before the Board of Adjustment. These include variance requests and (less frequently) temporary use permits. Unlike the case types listed above, the nature of these applications is significantly more localized in nature. Therefore, the draft ordinance proposes retaining the existing mailing radius of 600 feet which coincides with a distance of one to two blocks. Per Council’s direction, the language of public notice letters will continue to be refined and updated, particularly if any other relevant information can be included that helps the public to understand the context and development potential associated with a specific public hearing. Council Action Form – Expanded Letter Notice April 8, 2024 Page 3 RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: “I move 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 first reading, order it published, public hearing set for Monday, April 22, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect fifteen (15) days after final publication.” Or, “I move to postpone indefinitely Council Bill No. 06-2024, an ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning public hearing letter notice, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Lauren Mikulak, Community Development Director Jana Easley, Planning Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2024 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 06 ORDINANCE NO. 1791 Series 2024 TITLE: AN ORDINANCE AMENDING SECTION 26-109 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PUBLIC HEARING LETTER NOTICE WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety, or welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the “Code”) pertaining to zoning, land use, and development; and WHEREAS, the Council recognizes that from time to time the City’s zoning code needs to be updated; and WHEREAS, the Council finds that expanded letter notice for public hearings is necessary and appropriate. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-109.A.1 of the Wheat Ridge Code of Laws, concerning letter notice for neighborhood meetings is amended as follows: A. Pre-application neighborhood meeting. Prior to submitting any application, for approval which requires a neighborhood meeting under the provisions of section 26-106, Review process chart, an applicant shall be required to do the following: 1. Applicant shall, by first class mail or by pamphlet or flyer personally delivered, notify all property owners and occupants within six hundred (600) one thousand (1,000) feet of the area subject to the land use application of a meeting to be held, at a time and place selected by the applicant but reasonably convenient both to the applicant and those property owners and occupants notified, for the purpose of allowing the applicant to present to said parties the nature, character and extent of the action requested by the applicant, and further to allow said parties to give input to the applicant regarding said proposal. ATTACHMENT 1 Section 2. Section 26-109.D of the Wheat Ridge Code of Laws, concerning letter notice for public hearings is amended as follows: D. Letter notice. At least fifteen (15) days prior to any public hearing which requires notification by letter, the director of community development shall cause to be sent, by first class mail, a letter to adjacent property owners and occupants within six hundred (600) one thousand (1,000) feet of the property under consideration and to property owners and occupants of property included within the area under consideration. As an exception, the mailing radius for applications heard before the board of adjustment per section 26-115 shall be six hundred (600) feet. The letters shall specify the kind of action requested; the hearing authority; the time, date and location of hearing; and the location of the parcel under consideration by address or approximate address. Failure of a property owner or occupant to receive a mailed notice will not necessitate the delay of a hearing by the hearing authority and shall not be regarded as constituting inadequate notice. Section 3. Fee Schedule. The 2024 fee schedule shall be updated to share the cost of the mailing between the City and the applicant. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. All mailings on and after the effective date shall comply with the updated mailing radius. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 8th day of April 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 April 22, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 22nd day of April 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 9, 2024 Second Publication: April 23, 2024 Effective Date: May 8, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 2 DATE: April 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PUBLIC ART SELECTION TITLED “MECHAN AND CELESTIAL VINES” BY TYLER FUQUA TO BE INSTALLED AT THE WHEAT RIDGE WARD TRANSIT ORIENTED DEVELOPMENT PROJECT SITE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO __________________________________ _____________________________ Director of Parks and Recreation City Manager ISSUE: The Wheat Ridge Ward Transit Oriented Development (TOD) Project includes funding for public art. The process for selecting public art is defined in the Public Art Management Plan. Per this process, a public art piece by Tyler Fuqua titled “Mechan and Celestial Vines” has been selected by an appointed committee for recommendation to the Cultural Commission. The Cultural Commission reviewed the proposal and is recommending this selection to City Council for acceptance and purchase. The purchase price of $160,000 includes design, construction, installation, and documentation. PRIOR ACTION: The Cultural Commission recommended purchase of the art piece on March 13, 2024. FINANCIAL IMPACT: The cost for this acquisition is $160,000. The funds for this purchase are appropriated in the 2024 Public Art Fund in the amount off $169,000. BACKGROUND: The policies and procedures for this selection are based on the Public Art Management Plan adopted by the Wheat Ridge City Council. The public art selection committee included a Council Action Form – Award for Public Art – Ward TOD April 8, 2024 Page 2 Cultural Commission representative, two community representatives, a visual artist, an elected representative, a City staff representative, and one site agency representative. The Wheat Ridge Ward TOD project includes a pedestrian bridge over the railroad tracks, a plaza on south side and a multi-use trail connecting the station area to the I-70 Frontage Road. “Mechan and Celestial Vines” was selected unanimously by the public art selection committee. Detailed information can be found in the presentation, but features include: • Robot (Mechan) will interact with people crossing the bridge. • The Mechan will be holding a picked flower and will be offering it to people up above creating a sense of action. • The Mechan will be ‘ancient’ and will have a beautiful rusty patina with stainless steel and aluminum accents. • It will stand about 15’ tall with an outstretched arm reaching over 18’ high! • It can have illuminated eyes if electrical is possible here. • Each Mechan has its own design and will be original. A lot of the detailed design and creative process takes place in the shop as each piece is being built. • Celestial Vines will be an organic feature with multiple blossoms on each vine. The centers will be stainless steel spheres; petals will be brightly colored with shaped cut-outs, placed high enough to be out of reach. RECOMMENDATIONS: The Cultural Commission recommends approval of the purchase of “Mechan and Celestial Vines” by Tyler Fuqua for placement at the Wheat Ridge Ward TOD project site. RECOMMENDED MOTION: “I move to approve the public art selection titled “Mechan and Celestial Vines” by Tyler Fuqua to be installed at the Wheat Ridge Ward TOD site.” Or, “I move to not approve the public art selection titled “Mechan and Celestial Vines” by Tyler Fuqua to be installed at the Wheat Ridge Ward TOD site for the following reasons __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Public Art Consultant’s Presentation Wheat Ridge Public Art Ward Road Station Presentation to Wheat Ridge City Council: April 8, 2024 Kendall Peterson, ThereSquared LLC ATTACHMENT 1 Agenda •Ward Road Public Art Overview •Selection Process Overview •Artist Proposals and Finalist Selection •Next Steps •Questions Ward Road Station: Project Overview •Final station on the Gold Line Light Rail access for Wheat Ridge & Arvada. •Promotes transit-oriented development & higher-density mixed-use development within ½ mile of station. •Helps Wheat Ridge and Arvada reach transportation and mobility goals for the western end of the Gold Line •Paused due to COVID-19; restarted in 2022. •Includes a pedestrian bridge over the railroad tracks, plaza on south side and a multi-use trail connecting the station area to the I-70 Frontage Road. In 2016 Bond, Wheat Ridge voters supported proposed upgrades of Ward Road Station Selection Panel Cultural Commissioner Representative Brendan Kelly Community Representatives Chris Miller Kyle Schurter Visual Artist Deb Bollig Elected Representative Councilman Scott Ohm City Staff Member Steve Art Site Agency Representative, Resident Mark Westberg NEW PEDESTRIAN BRIDGE NEW PEDESTRIAN BRIDGE & SOUTH PLAZA MULTI-USE TRAIL FROM FRONTAGE ROAD MULTI-USE TRAIL FROM FRONTAGE ROAD Selection Process Overview Request for Qualifications: Criteria •Open Call (all artists can apply) •Locations to Consider: Plaza Area and Trail area •Pre-Existing art by Mike Clapper on north side •$160,000 USD total for artwork at the station . Orientation meeting Call for Entry Open Deadline for submissions Committee Review Applications / Semi-Finalists selected Semi-Finalists Proposals/Interviews Present recommendations to Cultural Commission for approval Execute artist contracts July, 2023 August 1, 2023 September, 2023 November, 2023 February, 2024 March, 2024 April, 2024 2025-26 Installation Short-Listed Artist: Patrick Marold, “Drifting Hoop” Short-Listed Artist: Patrick Marold, "Drifting Hoop" Comments/Discussion •Beautiful •Calming •Cerebral •Contemporary •Night presence •Kinetic •Experimental? •Not right place? •Maintenance concerns Short-Listed Artist: Owen Morrell, “The Beacon” Short-Listed Artist: Owen Morrell, “The Beacon” Comments/Discussion •Contemporary •Fits with architecture of bridge •Beautiful/Mirror polish •Night presence •Vertical marker •Over budget? •Possible maintenance concerns Short-Listed Artist: Tylur French, “Wheatfield” Short-Listed Artist: Tylur French, “Wheatfield” •Appreciate artwork that extends down trail •Love the images; but too much wheat already •Already have wheat on north side •Maintenance issues Winning Proposal: Tyler Fuqua “Mechan & Celestial Vines” •Robot will interact with people crossing the bridge. •“The Mechan will be holding a picked flower and will be offering it to people up above creating a sense of action.” •The Mechan will be ‘ancient’ and will have a beautiful rusty patina with stainless steel and aluminum accents. •It will stand about 15’ tall with an outstretched arm reaching over 18’ high! •It can have illuminated eyes if electrical is possible here. •Each Mechan has its own design and will be original. A lot of the detailed design and creative process takes place in their shop as their are building it. Winning Proposal: “Mechan & Celestial Vines”: Concept v. Actual & Heartbox Winning Proposal: Tyler Fuqua “Mechan & Celestial Vines” Celestial Vines will be an organic feature with multiple blossoms on each vine. The centers will be stainless steel spheres; petals will be brightly colored with shaped cut-outs, placed high enough to be out of reach. Will extend down trail. •Unanimous approval for the “Mechan & Celestial Vines” proposal •Suitable for this more industrial area •Community input part is exciting •Both plaza and trail will be part of the artwork •Low maintenance •Tie to Jolly Rancher history somehow (color, shape?) •Friendly, fun and nothing you have ever seen before. Tyler Fuqua: Next Steps •Review and Approve to move to City Council •City Council review and approval •Contract •Design Phase: make revisions to proposed elements •Re-review and approval needed if designs are significantly different •Engineering & Community Input •Fabrication •Installation 2025-6? Questions or Comments? Kendall Peterson ThereSquared LLC 303-902-1600 Kendall@theresquareddenver.com ITEM NO: 3 DATE: April 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 15-2024 – A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT AND CONFIRMATION, GRANT, AND CONVEYANCE OF DITCH RIGHT-OF-WAY AND EASEMENT WITH THE LEE & BAUGH DITCH COMPANY 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 is currently working towards the design and construction of a trail around Tabor Lake. The Lee and Baugh Ditch Company has legal rights-of-way and easements to inspect, use, operate, maintain, and repair the Ditch adjacent to Tabor Lake. This proposed license agreement would formalize and document the rights of both the Ditch Company and the City in the area near Tabor Lake and allow the City to install and maintain a non-motorized trail in this area. PRIOR ACTION: There has been no prior Council action directly with this proposed license agreement. Council has previously heard a Colorado School of Mines presentation about the proposed Tabor Lake Trail on December 5, 2022. City Council also supported grant applications to fund the design and construction of the Tabor Lake Trail. FINANCIAL IMPACT: There are no direct financial impacts from this license agreement. However, the National Park Service, through the Land and Water Conservation Fund (LWCF), will only consider funding in the amount of $451,259 for the Tabor Lake Trail project, if an executed agreement with the Ditch Company is approved by the City. Council Action Form – License Agreement with Lee and Baugh Ditch Company April 8, 2024 Page 2 BACKGROUND: There is currently a dirt social trail along the east, north, and northwest sides of Tabor Lake. The Clear Creek Trail runs along the south side of the lake. The west side of Tabor Lake is fenced off for safety following a landslide in the 1980s that reduced the bank of the lake. The Lee and Baugh Ditch has water flowing through it seasonally and runs near Tabor Lake along the north and northeast parts of the lake. The Lee and Baugh Ditch Company has legal rights-of-way and easements to inspect, use, operate, maintain, and repair the Ditch. Staff were not able to locate, through city or county records, an existing License Agreement that would allow the City to install and maintain a trail that overlaps with areas of the easement for the Ditch. This proposed License Agreement with the Ditch Company would formalize and document the rights of both the Ditch Company and the City in this area near Tabor Lake and allow the City to install and maintain a non-motorized trail in this area. In 2020, Wheat Ridge Parks and Recreation Commissioners inquired about formalizing that social trail, making it accessible and safer, providing amenities around the lake, and potentially connecting it so the trail would completely encircle the lake. In 2022, a Colorado School of Mines student team spent two semesters analyzing the current state of the shoreline and social trail, conducting public engagement to see what residents supported related to this area and a potential trail, and designing a trail that could be installed around the lake. The students presented their work at a Council study session on December 5, 2022. In 2023, the Parks and Recreation Department was awarded $410,000 in Jefferson County Open Space Trails Partnership Program funding to fund part of the professional design and construction of the Tabor Lake Trail. Also in 2023, the department applied for $451,259 in Colorado Parks and Wildlife (CPW) Non-Motorized Trails funding for this project. CPW subsequently recommended this project for federal Land and Water Conservation Fund funding, instead of state trails funding. The National Park Service, which administers the LWCF, is requiring an executed agreement with the ditch company for the area where the Trail would be built in order to consider providing federal LWCF funding. RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution to direct the Mayor to sign the license agreement to execute the agreement with the Lee and Baugh Ditch Company to formalize and document the rights of both the Ditch Company and the City in this area near Tabor Lake and allow the City to install and maintain a non-motorized trail in this area. RECOMMENDED MOTIONS: “I move to approve Resolution No. 15-2024 – a resolution authorizing the Mayor to execute a license agreement and confirmation, grant, and conveyance of ditch right-of-way and easement with the Lee and Baugh Ditch Company.” Or, Council Action Form – License Agreement with Lee and Baugh Ditch Company April 8, 2024 Page 3 “I move to postpone indefinitely Resolution No. 15-2024, a resolution authorizing the Mayor to execute a license agreement and confirmation, grant, and conveyance of ditch right-of-way and easement with the Lee and Baugh Ditch Company for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 15-2024 2. License Agreement and Confirmation, Grant, and Conveyance of Ditch Right-of-Way and Easement with the Lee and Baugh Ditch Company CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2024 TITLE: RESOLUTION NO. 15-2024 – A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A LICENSE AGREEMENT AND CONFIRMATION, GRANT, AND CONVEYANCE OF DITCH RIGHT-OF-WAY AND EASEMENT WITH THE LEE AND BAUGH DITCH COMPANY WHEREAS, the City of Wheat Ridge wishes to execute a License Agreement and Confirmation, Grant, and Conveyance of Ditch Right-of-Way and Easement with the Lee and Baugh Ditch Company; and WHEREAS, the City of Wheat Ridge wishes to formalize and improve the social trail around Tabor Lake; and WHEREAS, without a formal agreement, the City will likely be ineligible for Land Water Conservation Fund grant dollars. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The City Council hereby authorizes the Mayor to sign the license agreement with the Lee and Baugh Ditch Company. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 8th day of April 2024. Bud Starker, Mayor ATTEST: ______ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 LICENSE AGREEMENT AND CONFIRMATION, GRANT, AND CONVEYANCE OF DITCH RIGHT-OF-WAY AND EASEMENT THIS AGREEMENT (the “Agreement”), made this ____ day of ____________, ______ between the Lee & Baugh Ditch Company, a Colorado Corporation (the “Licensor”), whose address is 4300 Tabor Street, Wheat Ridge, CO 80033, and the City of Wheat Ridge (the “Licensee”), whose address is 7500 W. 29th Avenue, Wheat Ridge, CO 80033 (the “Lienholder”). RECITALS 1. Licensor’s Property. Licensor is the owner and operator of an existing ditch system, commonly known as the Lee & Baugh Ditch, that includes rights-of-way and easements to inspect, use, operate, maintain, and repair the Ditch (the “Ditch System”). The Licensor also uses the rights-of-way and easements to divert, control, transport, carry, and deliver water and to inspect, use, operate, maintain, and repair the Ditch System. 2. Licensee’s Property. The Licensee, is the owner of certain land and property more particularly described as follows: A PORTION OF LOT 11, LEES SUBDIVISION, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO located in Jefferson County, Colorado upon which a portion of the Licensor’s Ditch System, and rights-of-way are located. The Jefferson County Assessor’s Office currently identifies Licensee’s Property by Parcel/Schedule No. 39-204-99-004. 3. Relocation and/or Structures. The Licensee desires to install a concrete and crushed granite trail adjacent to and across the Ditch System at a single location (hereinafter the “Work”), as more particularly described on Exhibit A. In consideration of the promises and mutual covenants in this Agreement, as well as other good and valuable consideration, the Parties agree as follows: AGREEMENT 4. Confirmation of Licensor’s Right-of-Way. The Licensee hereby confirms the Licensor’s existing right-of-way under COLO. CONST. ART. XVI, § 7 and C.R.S. § 37-86-102 across the Licensee’s Property for the purpose of transporting water for beneficial use. The Licensee confirms Licensor’s right-of-way across Licensee’s Property to inspect, use, operate, maintain, and repair that part of Licensor’s Ditch System located on Licensee’s Property. 5. Purpose of Right-of-Way. Licensor may use the Right-of-Way confirmed under this Agreement for any purpose related to Licensor’s use and enjoyment of its Ditch System, including but not limited to: (1) the flow of water through its Ditch System; (2) ingress and egress to its Ditch System whether pedestrian or vehicular; and (3) the inspection, use, operation, construction, maintenance, repair, replacement, removal, and modification of its Ditch System and the Right-of-Way. ATTACHMENT 2 -2- 6. Restrictions on Licensee’s Use of Right-of-Way. Licensee shall not take any action that inhibits the flow of water through the Ditch System. Licensee agrees not to construct or place any fence, building, or other structure (except as specifically allowed under this Agreement) within the Right-of-Way. Licensee agrees not to plant any shrub or tree on any part of the Right-of-Way. Licensee agrees not to make or permit any use of the Right-of-Way that would impair, impede, or interfere with Licensor’s access to, access along, or full free use and exercise of its Ditch System or the Right-of-Way. Licensee agrees that if Licensee or any heir, successor, or assign of Licensee places or allows any obstruction within the Ditch System or Right- of-Way, Licensor may immediately remove the obstruction without any liability for damages arising from the removal of the obstruction. 7. License. Licensor, without warranting the right, title or privilege, hereby grants Licensee the privilege of performing the Work on Licensee’s Property provided that: (1) such Work does not unreasonably interfere with the flow of water through the Ditch System; and (2) Licensee constructs the Work in accordance with engineering plans and specifications to be prepared and submitted to Licensor by Licensee subject to the following terms and conditions: a. Plans and Specifications. Licensee shall hire a licensed professional engineer to prepare engineering plans and specifications for the purpose of constructing the above- described structure(s). Licensee shall provide the engineering plans and specifications to Licensor for approval. Before Licensee commences any construction work, Licensor must provide Licensee with written approval of the engineering plans and specifications. The engineering plans and specifications are incorporated by reference into this Agreement as Exhibit A. b. Costs and Liability. Licensee shall pay all costs associated with the relocation of the Ditch System and the construction of the above-described structure(s). Licensee agrees that Licensor shall have no liability for the Work or for the construction, maintenance, use, existence, or removal of any structure covered by this Agreement, and Licensee expressly agrees to bear such liability. c. Supervision. All construction related to the Work above described shall be performed under the supervision of a licensed professional engineer and in accordance with the engineering plans and specifications approved by Licensor. At Licensor’s request, Licensee shall supply Licensor with “as constructed” drawings. d. Commencement and Timing of Work. Licensee shall not commence any construction on the Ditch System or within the Right-of-Way or any construction that might affect Ditch System operations without first notifying Licensor and obtaining Licensor’s consent to the commencement and scheduling of such Work. Such Work shall only take place during the non-irrigation season between November 1 and March 31. Licensee shall organize, commence, conduct, and complete all construction and maintenance activities with all necessary speed and diligence and in such a fashion as to avoid any interference with ditch operation or the full and free flow of water through the ditch. Licensee agrees to immediately level off any and all excavations made and to immediately repair any damage to the ditches, canals, laterals, embankments, fences, -3- roads or other improvements of Licensor at Licensee’s sole cost to satisfaction of Licensor. e. Inspection and Completion. Licensor shall have the right to inspect the Work or any construction, installation, or removal of any structure by Licensee to ensure that the Work is performed in accordance with the approved engineering plans and specifications and will not interfere with the full free flow of water through, or otherwise impair operation or use of, the Ditch System and Right-of-Way. f. Mechanic’s Liens. Licensee agrees that all design, engineering, construction and installation or other work permitted under this Agreement is solely for the benefit of Licensee and Licensee’s property. Licensee has no authority to create any lien for labor or material on or against Licensor’s property, water rights or Ditch System. Licensee agrees to notify all materialmen, suppliers, contractors or laborers that they must look only to Licensee for payment and that Licensee has no authority whatsoever to bind Licensor or Licensor’s property for any costs, charges, or expenses incurred by the work performed hereunder. 8. Construction of Structures. Licensee agrees to perform all work and to construct any structure permitted by this Agreement in a workmanlike manner and with materials that will safely perform the purpose for which the structure is installed. Licensee agrees to construct any structure permitted by this Agreement that encloses, bridges, or provides crossing over Licensor’s Ditch System and Right-of-Way (if any) in a workmanlike manner and with material that will safely support and carry any weights, loads, or traffic that may at any time or in any manner be placed on the structure and that will ensure that the structure does not interfere with the full free flow of water through the Ditch System. Licensee shall restore to its pre-construction condition any portion of Licensor’s Ditch System or the Right-of-Way that is disturbed by Licensee’s construction. 9. Maintenance and Repair of Structures. Licensee owns and shall continue to own and bear full responsibility for the use, operation, maintenance, and if necessary, removal of any crossing or structure permitted under this Agreement. Licensee agrees to ensure that any structure permitted under this Agreement does not interfere with the full free flow of water through the Ditch System. Licensee agrees at all times to make, keep, and maintain any structure permitted under this Agreement in a good and safe condition. Licensee agrees to maintain any structure permitted under this Agreement so that it will safely support and carry any weights, loads, or traffic that may at any time or in any manner be placed on the structure. Licensee agrees to repair any deterioration, break, leak and/or damage to any structure permitted under this Agreement at Licensee’s own expense. Licensee agrees that if by reason of any deterioration, break, leak or damage in or to any structure of Licensee, damage or injury is directly or indirectly caused Licensor, then Licensee will, with all due diligence, repair and place the property, Ditch System, and Right-of-Way of Licensor in the same condition as it was prior to the injury and will pay any and all monetary damages sustained or incurred by Licensor, its stockholders, or its water users. Licensee agrees that it will restore any portion of Licensor’s Ditch System or the Right-of-Way that is disturbed by Licensee’s repair and maintenance activities to the same condition as it was prior to the repairs or maintenance. Other than maintenance and repairs that this paragraph requires, Licensees shall not make any alterations or modifications to either the structures -4- permitted under this Agreement, the Right-of-Way, or the Ditch System without the prior written consent of Licensor. 10. Licensee’s Failure to Act. In the event Licensee fails or refuses to promptly carry out or perform any covenant, duty, or obligation to be performed by Licensee under any paragraph of this Agreement, Licensor shall have full right, power and authority, but not the obligation, to perform the same at Licensee’s cost and expense without releasing Licensee from any liability under this Agreement, provided Licensor shall first give Licensee written notice of such alleged failure and Licensee shall have 30 days to cure the same. Licensee agrees that it will reimburse Licensor for such costs and expenses within fifteen days of written demand from Licensor. 11. Debris. Licensee agrees to continuously and at all times keep that portion of Licensor’s Ditch System, and Right-of-Way covered by this Agreement, free and clear of all debris, of every kind and nature whatsoever, so that use of the Right-of-Way and the full and free flow of water in the Ditch System shall not be interfered with at any time, including times of heavy rain or abnormally high water in the ditch caused in any manner whatsoever, and so that no damage can or will result to Licensor, Licensor’s Ditch System, or to the person or property of others by the escape or overflow of water or in any manner whatsoever. Licensee agrees to continuously and at all times take whatever steps are necessary to prevent the escape or overflow of water, in any manner whatsoever, from the structures on Licensee’s Property so that no damage can or will result to Licensor, Licensor’s Ditch System, or to the person or property of others. If the escape or overflow of water causes any damage to Licensor, Licensor’s Ditch System, or to the person or property of others, Licensee agrees that it shall be solely responsible for such damage. 12. Enclosure Grating. Licensee agrees that when, if ever, a grate, slat or lattice is required or should be installed, now or in the future, on the upstream side of any structure covered by this Agreement, Licensee shall bear full responsibility for the installation or failure to install such grate, slat or lattice, and if installed, for the design, construction, repair and maintenance of the grate, slate, or lattice. Licensee shall ensure that the grate, slate, or lattice does not interfere in any way with the full and free flow of water in the Ditch System. Licensee agrees that for any grate, slat or lattice required, now or in the future, on any structure covered by this Agreement, Licensee agrees to install, keep and maintain the grate, slat, or lattice free and clear of all debris of any kind and nature whatsoever. 13. Indemnification. Within the limitations of the Colorado Constitution and statutes, Licensee agrees that in the event any penalty, loss, injury or damage is caused Licensor or any other person or persons or their property in any manner whatsoever arising out of the relocation of the Ditch System and Right-of-Way, and/or the construction, maintenance, use, existence or removal of the structure (if any) covered by this Agreement, whether by failure of Licensee to fully carry out and perform any covenant or agreement to be carried out and performed by Licensee or otherwise, Licensee agrees to indemnify and hold Licensor and its successors or assigns harmless from any penalties, losses, damages and injuries including, but not limited to, actual damages, court costs, attorneys fees, and any other cost and expenses of any kind or nature whatsoever incurred directly or indirectly by Licensor as a result of the design, construction, maintenance, use, existence or removal (if necessary) of any structure hereunder. Licensee does not waive any of the provisions of the Colorado Governmental Immunity Act, CRS 24-10-101 et seq. -5- 14. Ditch Modifications. Licensee agrees that Licensor may enlarge, deepen, add to, or otherwise change or relocate its Ditch System within the Right-of-Way. If in the future Licensor should desire to enlarge, deepen, add to or otherwise change or relocate its Ditch System within the Right-of-Way, or to do any other thing incident to the operation and maintenance of its Ditch System, Right-of-Way, then Licensee agrees at Licensee’s expense, with all due diligence, to change remove, relay and/or reconstruct any crossing or structure (if any) hereunder so as to comply with such plans and specifications as Licensor may prescribe as being necessary to permit the proper maintenance and operation of Licensor’s Ditch System as altered by Licensor. 15. Term and Notice. The License and privileges herein granted Licensee for the use and maintenance of the structures and/or crossing under this Agreement shall continue for so long and only so long as Licensee, its successors and assigns comply with the provision hereof. Licensee agrees that in case of any failure on the part of Licensee to fully perform the covenants and agreements to be performed hereunder, this License may be revoked only after compliance with the cure provisions of Paragraph 10. In the event of termination, Licensor may perform the task at Licensor’s sole election. Licensor agrees to give Licensee written notice of its election to Licensee addressed as follows: If to Licensee: Parks & Recreation Director City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 If to Licensor: Attn: _____Joe Buesser____, Title ____President___ Lee & Baugh Ditch Company 4300 Tabor Street Wheat Ridge, CO 80033 or to such other person or persons as may be designated in writing by the party to receive such notice. Licensor’s election to terminate this Agreement and performance of Licensee’s task or removal of any crossing or structure hereunder shall not relieve Licensee of any liability hereunder for the costs and expenses to Licensor of Licensee’s breach of this Agreement or the costs and expense of removal. 16. Covenants Run with Land. The covenants, terms and conditions of this Agreement are intended to run with the land and shall be binding upon and inure to the benefit of the parties to this Agreement and their respective agents, heirs, executors, administrators, personal representatives, successors and assigns. 17. Recitals and Exhibits. The Recitals listed above, and all exhibits referenced in this Agreement are hereby incorporated into this Agreement. 18. Entire Agreement. This Agreement, together with any other instruments or agreements referred to herein, constitutes the entire agreement between the Parties with respect to the subject matter of this Agreement, and there are no other representations, warranties, or agreements (whether written or oral) between the Parties except those contained in this Agreement. -6- 19. Modification or Amendment. This Agreement may not be amended or modified except by an agreement in writing signed by the party against whom the enforcement of any modification or amendment is sought. 20. Recording. Either party may record this Agreement with the Clerk and Recorder of Jefferson County, Colorado. 21. Governing Law. This Agreement shall be governed by the laws of the State of Colorado. 22. Venue and Jurisdiction. The Parties agree that any action to enforce this Agreement shall be brought in the District Court for Jefferson County, Colorado, with all Parties hereto hereby agreeing and stipulating that such Court has jurisdiction over them and over such an action. 23. Attorney Fees. In the event of any judicial or other adversarial proceeding among the Parties concerning this Agreement, the substantially prevailing party in such a proceeding, shall be entitled to recover all of its reasonable attorney fees and other costs, in addition to any other relief to which it may be entitled. LICENSEE: CITY OF WHEAT RIDGE By: ________________________________ Bud Starker, Mayor ATTEST: ______________________________________ Margy Greer, Sr. Deputy City Clerk STATE OF COLORADO ) ) ss. County of Jefferson ) The foregoing instrument was acknowledged before me this ____ day of February 2024, by Bud Starker, Mayor of the City of Wheat Ridge, and by Margy Greer, Sr. Deputy City Clerk of the City of Wheat Ridge. SEAL Notary Public -7- LICENSOR: LEE & BAUGH DITCH COMPANY By: ________________________________ Joe Buesser, President STATE OF COLORADO ) ) ss. County of Jefferson ) The foregoing instrument was acknowledged before me this ___ day of February 2024, by [name], the [title] of The Lee & Baugh Ditch Company, as Licensor under this Agreement. SEAL Notary Public -8- EXHIBIT A ENGINEERING PLANS AND SPECIFICATIONS -9-