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HomeMy WebLinkAbout04-22-2024 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO April 22, 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 22, 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 22, 2024) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Contact the Public Information Officer at 303-235-2877 or wrpio@ci.wheatridge.co.us with as much notice as possible if you are interested in participating in a meeting and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES Study Session Notes, February 5, 2024 Study Session Notes, March 18, 2024 City Council Meeting Minutes, March 25, 2024 City Council Special Study Session Notes, March 25, 2024 Study Session Notes, April 1, 2024 City Council Meeting Minutes, April 8, 2024 City Council Special Study Session Notes, April 8, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Asian American and Pacific Islander Heritage Month 2. Proclamation - Municipal Clerks 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. 1. CONSENT AGENDA 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 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 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. d. Resolution No. 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 e. Motion to appoint members to the Board of Adjustment f. Motion to approve the contract with OpenGov for the permitting and licensing system in the amount of $137,933.31 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 06-2024 – an ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning Public Hearing Letter Notice 3. 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 ORDINANCES ON FIRST READING 4. 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 DECISIONS, RESOLUTIONS, AND MOTIONS 5. 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 6. 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 7. 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 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 February 5, 2024 Mayor Pro-Tem Stites called the Study Session to order at 6:32 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. Mayor Pro-Tem Stites also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larsen, Janeece Hoppe (virtually) and Rachel Hultin. Also present: City Manager, Patrick Goff; City Clerk, Steve Kirkpatrick (Virtual); Director of Community Development, Lauren Mikulak; Director of Public Works, Maria D’Andrea; Assistant City Manager, Marianne Schilling; Sr. Deputy City Clerk Margy Greer; other staff and interested residents. Public’s Right to Speak No one came forward tonight. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. Waterwise Landscape Code Amendments Issue On June 5, 2023, City Council discussed waterwise landscaping regulations. Last year’s memo and presentation provided an overview of waterwise principles, a summary of other community practices, a summary of City’s programs and practices, and a discussion of specific policy questions related to the City’s landscape regulations. City Council expressed positive support and interest in waterwise landscape design to reduce water consumption, encourage water efficiency, and establish stronger links between water supply and land use planning. Staff Reports Landscape Planner, Janet Gassman, and Senior Planner, Stephanie Stevens presented the issue and summarized background on the issue, where on June 5, 2023, City Council discussed waterwise landscaping regulations. Last year’s memo and presentation provided an overview of waterwise principles, a summary of other community practices, a summary of City’s programs and practices, and a discussion of specific policy questions related to the City’s landscape regulations. Council consensus from June 2023 supported staff recommendations on several topics. Those items include: • Irrigation consensus • Artificial turf consensus • Irrigated and non-functional turf consensus • Landscape specifications • Low-density residential requirements consensus • Non-living materials consensus • Waterwise design consensus • Streetscape Design Manual consensus • Maintenance consensus Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with staff including: • Several CM expressed their thanks for the staff efforts on this complex issue. • A detailed discussion of the practical operation, legal requirements, and outcome desires for resolving this issue took place. There was consensus from City Council to move forward with the Code Amendments. 2. Facilities Master Plan Overview and Recommendations Issue Development of the Facilities Master Plan (FMP) included tasks focused on visioning, data collection, analysis, and development of an implementation strategy to assess the city’s space needs for existing and projected facility requirements. The FMP is intended to be a “living document” that will be used as a planning tool. Therefore, specific moves internal to city buildings, and between locations, that have been outlined in this plan are preliminary. These moves and relocations, as well as the timing of such moves, need to be revisited over time as actual versus projected growth is tracked and staffing levels change. Each of the components of the FMP will require further fine-tuned analysis, detailed space needs programming and design efforts to move from master plan to implementation. Key findings of the FMP include space deficits within most buildings related primarily to recent and projected staff growth and to shortfalls in functional/operational areas in the Parks & Recreation, Police, and Public Works departments. Staff will present the process used to develop the FMP and the key outcomes identified as well as recommendations on next steps for implementation. Staff Report Presentation on the issue was provided by City Manager Patrick Goff and included items from the Director of Public Works, Maria D’Andrea and Facilities Manager, Daniel Beiers. Discussion included but was not limited to: • The background of the issue • The building condition assessment • The estimated space needs • Potential solutions • The group finished the presentation and stood by to answer questions. CM had comments and questions: Several CM and the Mayor thanked staff for the informative presentation. CM engaged in a discussion and exchange of questions and proposals with the staff and among themselves, addressing the use of the Master Plan. MPT Stites proposed a consensus for City Council to move forward with the proposal. Consensus was attained. Staff Report(s) No Report. 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. ADJOURNMENT Mayor Starker adjourned the Study Session at 8:20 pm. _________________________________ Margy Greer, Sr, Deputy City Clerk _________________________________ Bud Starker, Mayor CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting March 18, 2024 Mayor Starker called the Study Session to order at 6:32 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver (virtual attendance), Leah Dozeman, Dan Larsen, Janeece Hoppe, and Rachel Hultin. Also present: City Manager, Patrick Goff; Deputy City Manager Alli Scheck: Director of Community Development, Lauren Mikulak; Director of Public Works, Maria D’Andrea; Renewal Wheat Ridge Executive Director, Steve Art; Assistant City Manager, Marianne Schilling; Sr. Deputy City Clerk Margy Greer; Senator Jessie Danielson; Representative Monica Duran; Colorado Municipal League (CML) Legislative Advocacy Manager Heather Stauffer; Legal Counsel RWR, Corey Hoffman, other staff and interested residents. Public’s Right to Speak Ihor Figlas – Resident – asked Council to encourage CML and the state representatives to oppose mandated parking requirements or other zoning issues, as it would handcuff the City Council. He asked Council to take into consideration the needs and desires of the neighbors on the west and south sides of Lutheran Legacy Campas, as again, parking will be an issue. He said, in a desire to make things modern, high-density housing is not wanted in residential areas. He asked the legislators to not pass legislation on climate issues that are not supported by scientific evidence; stating wind and solar energy is not working. He also stated that electronic vehicles are not considered clean energy, due to the problems with chemical disposal from the energy used. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. No comments appeared in Wheat Ridge Speaks for this session of Council. 1. 2024 Colorado Legislative Update Issue The Legislative Update is an opportunity for the City’s elected officials and staff to discuss legislative priorities, current legislation, and Wheat Ridge positions and priorities for the 2024 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and CML Legislative Advocacy Manager Heather Stauffer will be available to review legislation and answer questions. Heather Stauffer presented the 2024 Priority Legislative issues, which included but were not limited to: • HB1007 – Home occupations passed second reading in the House but not apply to group homes. • HB24-1152: Allowing ADUs as a Use by Right, (CML Opposes Unless Amended) • HB24-1313: Minimum Housing Density in Transit Oriented Communities, (CML Opposes) • SB24-174 Requiring Local Governments to Complete a Housing Needs Assessment, (CML Supports) • HB24-1304 Eliminating Minimum Parking Requirements, (CML Opposes) • HB24-1007 Eliminating Residential Occupancy Limits, (CML Opposes Unless Amended) • SB24-048 Sober Living Homes, (CML Supports if Amended) • SB24-106 Allowing Mediation for Construction Defects, (CML Supports) • SB24-005 Nonfunctional & Artificial Turf, (CML Opposes) Those items along with Public Safety and City Administration Related bills to include: • SB24-131 Prohibiting the Possession of Firearms in “Sensitive Spaces”, (CML has No Position. Colorado Association of Chiefs of Police Opposes) • HB24-1284 Minimum Bond Requirements for Persons with a History of Violence, (CML has No Position. Colorado Association of Chiefs of Police Strongly Supports) • SB24-107 Prohibiting Firearms Possession by Persons Convicted of Specific Crimes, (CML has No Position. Colorado Association of Chiefs of Police Supports) • HB24-1168 Requiring Local Governments to Allow Virtual Access & Accommodations to Public Meetings, (CML Opposes) • HB21-110 Web Accessibility Requirements for Governments, (CML has No Position) Also included was an overview of and a discussion of specific Tax and Finance and Parks and Recreation Bills for: • SB24-033 Property Tax Status of Short-Term Rentals, (CML has No Position) • SB24-113 Safer Youth Sports, (CML has No Position) • HB24-1080 Youth Sport Personnel Requirements, (CML has No Position) Senator Jessie Danielson and State Representative Monica Duran spoke to Council about bills they are sponsoring this year that impact municipal governments and their efforts to improve the quality of life in Colorado. CM comments and feedback Mayor and City Council Members spoke to some of the upcoming bills that will benefit local government, local preemption issues, transportation, and the issues surrounding the needs of older adults. Amanda Harrison, Wheat Ridge’s Communications and Engagement Manager stated that HB21-1110 states it is a civil rights violation to not be in compliance with the accessibility guidelines for website communications. She stated that the City has made great progress, but an extension is needed in order to be in compliance by the deadline. More information will be sent to legislators regarding this issue. 2. Lutheran Legacy Campus and Carr Street Urban Renewal Plans Issue Consideration of two resolutions adopting new urban renewal plan areas for the Lutheran Legacy Campus and the industrial area west of Wadsworth at I-70 to Garrison Street (Carr Street Plan). Staff Reports Presentation on the issue was provided by Renewal Wheat Ridge (RWR) Executive Director Steve Art gave a PowerPoint presentation which included a brief background on the two plans; the plan formation requirements including an overview of the Colorado Renewal Law; and the forming of an Urban Renewal Plan. Mr. Art reviewed the Lutheran Legacy Urban Renewal Plan, the area containing 21 parcels and 146 acres; the blighting conditions of the property; the vision of the Plan to create a flexible mix-ed use development in the center with medium and higher density between North Lutheran Parkway and Lutheran Parkway West; and the Plan goals and conformance. He reviewed the 2022 mills levies assessed on the property; and the assumption of $3.6 million in assessed value of land in the plan area. Steve Art stated there is much more detail in the Impact Report. Steve Art stated that the next steps would be to conduct a public hearing and adopt separate resolutions approving the two plans. CM had comments and questions: CM Larson asked about the definition of blight, as he lives in the area and wanted to know if his home was considered blighted. Steve Art explained that the blight refers to very specific issues within the plan area, and the area itself is not considered blighted. CM Larson stated that homes are in the flood are and some owners have difficulty in obtaining flood insurance. Mr. Art explained that the flood issue will be repaired by one entity or another. Several CM and the Mayor thanked them for the informative presentation. CM engaged in a discussion and exchange with the staff and among themselves, addressing the flood insurance, building height and other issues. MPT Stites proposed a consensus for City Council to move forward with a formal presentation at a future Council meeting to conduct a public hearing and adopt separate resolutions approving the two plans. Consensus from City Council was obtained. 3. Staff Report(s) No report. 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. ADJOURNMENT Mayor Starker adjourned the Study Session at 9:15 pm. _________________________________ Margy Greer, Sr, Deputy City Clerk _________________________________ Bud Starker, Mayor City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  March 25, 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.  Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. Those present stood and recited the Pledge of Allegiance to the Flag ROLL CALL OF MEMBERS Jenny Snell Scott Ohm         Rachel Hultin Janeece Hoppe Amanda Weaver     Korey Stites       Dan Larson Leah Dozeman A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; Sr. Deputy City Clerk, Margy Greer; Director of Public Works, Maria D’Andrea; Director of Community Development, Lauren Mikulak; Management Analyst, other staff, guests and interested citizens.  APPROVAL OF MINUTES • Study Session Notes of March 4, 2024 • City Council Meeting Minutes of February 12, 2024, and February 25, 2024 The above Notes and Minutes were approved without changes. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES Sexual Assault Awareness Month Mayor Starker proclaimed the month of April 2024 “Sexual Assault Awareness Month” and April 24, 2024 “Colorado Denim Day.” He presented the written proclamation to Candace Cooledge, Executive Director of Porchlight, A Family Justice Center. Porchlight’s Board Member Janeece Hoppe joined them at the podium. Mr. Cooledge spoke a few about the center and thanked Mayor and Council for the proclamation. Child Abuse Prevention Awareness Month Mayor Starker proclaimed the Monday of April 2024 “Child Abuse Prevention Month” in the City of Wheat Ridge and presented the written proclamation to Jennifer Kemps, Development Officer of the Ralston House Child Advocacy Center. Ms. Kemps spoke a few words about the Ralston House and thanked Mayor and Council for the proclamation. PUBLIC’S RIGHT TO SPEAK Scott Peak with Intermountain Health/Lutheran Medical Center and spoke to the Grand Opening of their new facility in Clear Creek Crossing and the Lutheran Legacy Campus. He stated that they are working hand-in-hand with the City of Wheat Ridge during the decommission process of the Lutheran Legacy Campus and the redevelopment of same. Lynn Browning stated she is a new resident and wanted to see how local government in Wheat Ridge works and thanked Council for their Proclamation regarding child abuse. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item.  The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening.  The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). No comments appeared in WR Speaks for this session of Council. 1. CONSENT AGENDA CM Snell introduced the consent agenda reading each Item and Issue Statement into the Record: a. Resolution No. 12-2024 – a resolution amending the Fiscal Year 2024 budget to reflect the approval of a supplemental budget appropriation in the amount of $75,000 for improvements to Council Chambers. Issue The City receives approximately $27,000 per year from the Public, Educational and Governmental (PEG) access channel fee assessed by the local cable franchising authority (Comcast) for costs associated with the channel. Staff recommends some improvements and upgrades to equipment in Council Chambers so that public meetings can be more effectively managed, presented and televised. This request appropriates funds restricted for these purposes to make the improvements. b. Motion to approve the contract with GovOS for the tax and licensing revenue system in the amount of $95,626. 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 first system to be purchased and implemented is GovOS which will facilitate tax and business licensing filing and collection. c. Resolution No. 13-2024 – a resolution amending the Fiscal Year 2024 Budget to reflect the approval of a supplemental budget appropriation in the amount of $233,025 for the purposes of accepting an Urban Forestry Grant and authorizing the Mayor to execute an agreement with the Urban Sustainability Directors Network in the amount of $669,073 for Expanding the Urban Tree Canopy in Wheat Ridge Issue The City of Wheat Ridge was awarded $669,073 in funding from the USDA Urban and Community Forestry grant program to plant approximately 1,180 trees in Wheat Ridge parks, open spaces, and rights of way and as part of several capital improvement projects across the City. To receive and appropriate the funding, the City must accept the grant award by directing the Mayor to sign the attached Grant Agreement and approve a supplemental budget appropriation. CM Snell made a motion to approve the Consent Agenda Items 1a.), 1b.), and 1c.). It was seconded by CM Larson. Vote: 8-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING There were none tonight. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING There were none tonight. DECISIONS, RESOLUTIONS AND MOTIONS 2. Motion to approve a Contract to Buy and Sell Real Estate from Jefferson County School District for the Green at 38th. CM Hoppe introduced Item 2 and read the Issue Statement into the Record: Issue Staff received direction from City Council in 2018 to engage a designer to develop conceptual designs for a community gathering space at The Green on 38th Avenue in front of Stevens Elementary. The final design is now nearly complete, and construction is scheduled to begin on June 1, 2024, when the school closes for summer break. Staff signed a nonbinding Letter of Intent with the Jefferson County School District which set forth the terms under which the District would convey the property necessary for The Green to the City in exchange for the City constructing a new parking lot for Stevens Elementary. The terms of the Letter of Intent have been incorporated into a Contract to Buy and Sell Real Estate. Staff Presentation City Manager, Patrick Goff presented to Council where the City and the School District have an existing agreement that allows for shared use of The Green, which has been in place for several years. The District continues to be very supportive of this redesign and continued shared use, which as noted above, meets important goals for both the City and District. The original intent was for the City to enter into a long-term lease with the District to utilize the District’s property for this project. However, the District has now agreed to convey the property to the City in exchange for the City paying for and constructing a new parking lot for Stevens Elementary. He stated that this final design has several advantages: • Meets the School District’s security/safety goals by providing a parking lot and circulation area that is protected from the street, more convenient to the building entry and will be perceived as being safer by providing a buffer between the elementary school and its outdoor playground and the various activities that occur on The Green. • Provides a more efficiently designed parking lot, while maintaining approximately the same number of spaces. • Gives The Green a stronger street presence and visibility, furthering the City’s goal of highlighting 38th Avenue as the City’s “main street.” • Provides a logical extension of streetscape improvements that were installed as part of the West 38th apartments immediately to the west. Jeff Gatlin, CCO for Jefferson County School District was in attendance to help answer questions. Afterwards he stood by to answer questions. Public Comment None. Council Questions and comments None. CM Hoppe made a motion to approve a Contract to Buy and Sell Real Estate from Jefferson County School District for The Green at 38th. It was seconded by CM Dozeman. Several CM thanked everyone involved in having this agreement come to fruition. Vote: 8-0. The motion carried. CM Ohm introduced Item 3 and read the Issue Statement into the Record: 3. Motion to award The Green at 38th Project - Phase 1, Stevens Elementary parking lot replacement to ECI Site Construction Management Inc., of Loveland, Colorado, and approve subsequent payments in the amount of $1,386,590. Issue A project to create an urban park along 38th Avenue between Upham Street and High Court was budgeted several years ago. Staff recommends awarding a contract to ECI Site Construction Management, Inc. of Loveland, Colorado in the amount of $1,386,590. This contract is associated with the first phase of construction, which includes the Stevens Elementary parking lot. Staff Presentation City Manager gave an update on the schedule and the site plan. Director of Parks and Recreation, Karen O’Donnell, stood by to answer any questions. Public Comment None. Council Questions and comments CM Holtin asked if the pedestrian walkway could be a hump or slightly elevated to protect children and slow down traffic. The contractor’s representative stated that they usually use a different color on the crosswalks so people can have a visual, but he stated he would take the idea of an elevated bump back to his team. CM Ohm made a motion to award The Green at 38th Avenue – Phase 1 Project to ECI Site Construction Management, Inc. and approve subsequent payment in the amount of $1,386,590. It was seconded by CM Holtin. The motion carried 8-0. CM Weaver introduced Item 4 and read the Issue Statement into the Record: 4. Motion to award a contract and approve subsequent payments to Berry, Dunn, McNeil & Parker, LLC, in the amount not to exceed $249,999 for professional services for the Parks and Recreation Master Plan update. Issue The City has determined that it is time to update the parks and recreation master plan. This decision is supported by the CAPRA (Commission for Accreditation of Park and Recreation Agencies) recommendation of updating the document every 10 years. Funds were previously budgeted for this update, and the City is seeking consultant services to complete this plan update for a total cost not to exceed $249,999. On March 14, 2024, the firm Berry Dunn was selected by the City’s established procurement process to perform the required professional services for completion of the parks and recreation master plan update. Staff Presentation Director of Parks and Recreation, Karen O’Donnell competitive bid process, creative approach with Berry Dunn, looking forward to kicking off next month. This plan will work together with the comp plan, economic development plan, and the neighborhood plans. BerryDunn will work with staff to ensure the community is engaged in the entire process. Staff presented to Council the background where the current parks and recreation master plan is based on a comprehensive planning process that took place from September 2014 through March 2015 and involved extensive staff and community input as well as research and analysis of the existing parks and recreation system in Wheat Ridge. It includes key findings and information gathered from the demographic and trend analysis; a public input process; a statistically valid resident survey; and inventory and analysis of existing Wheat Ridge’s parks, open space, and facilities. The project also incorporated a review of the Parks and Recreation Department’s programs and general financial resources. Based on this analysis, recommended goals and strategies were crafted to address the key issues identified in the needs assessment and findings phase of the project. Public Comment None. Council Questions and comments None. CM Weaver made a motion to award a contract and approve subsequent payment to Berry, Dunn, McNeil, and Parker, LLC, in the amount not to exceed $249,999 for professional services for the Parks and Recreation Master Plan update. It was seconded by CM . Vote: 8-0. The motion carried. CM Stites introduced Item 5 and read the Issue Statement into the Record: 5. Motion to award the Stormwater Master Plan Project to RESPEC Company, LLC of Denver, Colorado, and approve subsequent payments in the amount of $189,755, with a contingency amount of $10,245, for a total not-to-exceed amount of $200,000. Issue The City experienced a series of storm sewer pipe failures in 2023. It was determined that an increased level of investment in maintenance, repairs and upgrades to the system is necessary to provide adequate protection to life, safety, and property. A previous Stormwater Master Plan was created in 1979. Since that time, minimal planning and analysis has been completed, therefore, a comprehensive evaluation is required. Staff Presentation Maria D’Andrea, Director of Public Works presented to Council the details of this Award, stating The City issued a Request for Proposals (RFP) on January 11, 2024, to solicit proposals from engineering firms to prepare a Stormwater Master Plan to address the maintenance, infrastructure and capital needs of the stormwater system. The goal of the Stormwater Master Plan is to create a blueprint for rehabilitation and/or improvement of the existing stormwater system within the city. The Plan will include an assessment of the current system, development of immediate and future needs with recommendations for prioritization of improvements, a capital plan, and a schedule for implementation of the program over the next 10 years. Council Questions and comments Council Members asked about the possible stormwater utility fee and how the list of priorities would be determined. D’Andrea answered their questions and stated Council will continue to be informed of the progress. Motion by CM Stites to award the Stormwater Master Plan Project to RESPEC Company, LLC of Denver, Colorado, and approve subsequent payments in the amount of $189,755, with a contingency amount of $10,245, for a total not-to-exceed amount of $200,000. It was seconded by CM Hoppe. Vote: 8-0. Motion carried. Mayor Starker introduced Item 6 and read the Issue Statement into the Record 6. Motion to appoint members to Boards and Commissions, the Community Partners Grant Program Committee and Sustainable Wheat Ridge. Issue Council appoints members to the City’s Boards and Commissions annually and as needed throughout the year to fill vacancies. There are three Board and Commission appointments to consider at this time. Council appoints members to the Community Partners Grant Program Committee. There are four appointments to make at this time. Council must also ratify staff’s nominations for appointments to Sustainable Wheat Ridge (SWR). Staff has prepared a list of SWR nominations for the Council to consider. There are five Staff nominations for Council to ratify and one District appointment to make at this time. Staff Presentation None. District I CM Hoppe made a motion to appoint Amanda Rodriguez to fill the vacant District I position of the Board of Adjustment, term to expire March 1, 2027; AND moved to appoint Jeffrey Richards to the Community Partners Grant Program Committee District I seat, term to expire February 28, 2027. It was seconded by CM Snell. Vote: 8-0. The motion carried. District II CM Hultin made a motion to appoint District III resident Lindsey Schwerman to the Community Partners Grant Program Committee District II seat, term to expire February 28, 2027 and District III resident Adam Wakefield to the Community Partners Grant Program Committee District II seat, partial term to expire February 28 2025. It was seconded by CM Ohm. Vote: 8-0. The motion carried. District III CM Weaver made a motion to appoint Ryan Schwerman to the District III seat of the Sustainable Wheat Ridge Committee, term ending February 28, 2027. It was seconded by MPT Stites. Vote: 8-0. The motion carried. District IV CM Dozeman made a motion to reappoint District I resident Brendan Kelley to the District IV seat of the Cultural Commission, term to expire March 1, 2027; AND moved to appoint District III resident Rio O’Neal to the District IV seat of the Community Partners Grant Program, term to expire February 28, 2027. Seconded by CM Larson. Vote: 8-0. The motion carried. Sustainable Wheat Ridge CM Weaver made a motion to ratify the staff-nominated appointments of the Sustainable Wheat Ridge Committee as follows: • Reappointment of Betsy Coppock of District III for an at-large position, term ending February 28, 2027. • Appointment of Mike Stewart of District II for an at-large position, term ending February 28, 2027. • Appointment of Conner Denton, Non-Resident representative, for an at-large position, term ending February 28, 2027. • Appointment of Amanda Burch of District II for an at-large position, term ending February 28, 2027. • Appointment of Sara Nepomuceno of District II for an at-large position, term ending February 28, 2026 Seconded by CM Hultin. Vote: 8-0. The motion carried. CM Dozeman introduced Item 7 and read the Issue Statement into the Record 7. Resolution No. 14-2024 – a resolution in opposition to State Legislation infringing upon Home Rule authority Issue The City’s Home Rule authority was adopted by its voters in 1976 and is enshrined in the Colorado Constitution. The City Council may pass a resolution in opposition to state legislation infringing up its Home Rule authority. As a result, elected officials and staff could oppose such legislation on behalf of the city without returning to Council to discuss specific bills. Staff Presentation City Manager Patrick Goff and City Attorney Gerlad Dahl stood by to answer questions. Council Questions and comments CM Hultin expressed her concern about Council reviewing Bills that have good merits and perhaps they would vote in favor if it were not for the Home Rule issue. Patrick Goff stated that each Bill would be looked at individually and could possibly come before Council, merits warranted that. CM Dozeman made a motion to approve Resolution No. 14-2024- A Resolution in opposition to State Legislation infringing upon Home Rule authority. It was seconded by MPT Stites. Vote: 8-0. The motion carried. CITY MANAGER’S MATTERS City Manager Patrick Goff gave an update on the parking lot at The Green and stated a new traffic study would be done. He stated there would be over 100 new trees planted on The Green. He also stated that the branch drop-off program was a great success over the weekend. Congress approved a new budget packet which includes $200,000 for Maker’s Space. There is a ribbon cutting at 10 am on Saturday for the Maker’s Space. CITY ATTORNEY’S MATTERS No report. ELECTED OFFICIALS’ MATTERS Mayor and Council Members reported on their various activities including ribbon cutting ceremonies, their attendance at other agency meetings, and items of personal interest. ADJOURNMENT Mayor Starker adjourned the meeting at 7:48 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor Special Study Session – City Council CITY OF WHEAT RIDGE, COLORADO NOTES March 25, 2024 Upon adjournment of the Regular City Council Meeting, and after a short recess, the Mayor called this Special Study Session to order at 7:57 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. After calling the meeting to order, presiding official Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Janeece Hoppe, Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larson, and Rachel Hultin. Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Deputy City Manager, Alli Scheck; Sr. Deputy City Clerk, Margy Greer; Director of Public Works, Maria D’Andrea; Community Development Director, Lauren Mikulak; Chief Building Official, Renee Meriaux, other staff, guests and interested citizens. Public’s Right to Speak No one came forward tonight. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. There were no citizen comments entered into Wheat Ridge Speaks related to this session. 1. Land Acquisition Process for Ward Transit Station Area Pedestrian Bridge and Trail Issue In 2022, the city successfully received a portion of the needed construction funding through the Denver Regional Council of Governments (DRCOG) Transportation Improvement Program (TIP) process to construct a pedestrian bridge over the RTD rail tracks near the Ward Station along with a multi-use trail from the south end of the bridge to the I-70 frontage road. To construct this project, it is necessary to acquire portions of private property from landowners. In total, property from fourteen (14) separate parcels must be acquired which includes nine (9) right-of-way parcels, seven (7) permanent easements, and seven (7) temporary easements. Staff are also proposing vacating a portion of the existing right-of-way, currently owned by the City of Wheat Ridge, to an adjacent property owner to reduce impacts to the acquisition of a portion of that property owner’s land. Staff Report Director of Public Works, Maria D’Andrea and, gave detailed presentations and overview of the proposed process, where the purpose of this project is to provide a safer crossing of the existing RTD rail tracks and install a multi-modal trail to allow for non-vehicular access from the south side of the rail tracks to the station, which is on the north side of the rail tracks. Ms. D’Andrea summarized the acquisition process accordingly as listed 1. Donation Request. 2. Notice of Intent (NOI) letter 3. City Appraisals and Fair Market Value. 4. Initial Offer and Negotiations. Discussion on the items included but were not limited to the following topics: • Project Overview. • Land Acquisition Process • Eminent Domain • Options to Eminent Domain • Project Schedule • Project Funding and Preliminary Cost Estimates Ms. D’Andrea finished with the staff presentation and stated that a resolution would be needed to authorize the use of eminent domain, if needed. She stated additional steps would need to be authorized by City Council and will take place at future meetings. Councilmember questions and comments: CM thanked staff for the presentation and supported staff’s recommendations. Maria D’Andrea answered questions regarding the history of the project, the cost of the design, funding, schedules, and the eminent domain process. 2. 2024 Building Code Update Issue The City currently enforces the 2018 International Building Codes which were adopted in Wheat Ridge in 2020. The City typically updates the building codes every 4-6 years. With the recently released 2024 International Codes, staff is preparing to start the code update process. Staff Report Community Development Director, Lauren Mikulak and Chief Building Official, Renee Meriaux presented on the issue where they provided background information on the International Building Codes (also called IBC or I-Codes) as they are published every three years. It was stated that historically, the City has adopted every other version of I- Codes. The last building code update was in 2020 when the City adopted the 2018 version of the IBC. That code update became effective in Wheat Ridge on July 1, 2020, and included the entire I-Code series: on the code update process and to seek Council direction to proceed with the adoption of the 2024 International Building Codes. Topics of the report also included but were not limited to: • 2024 I-Codes • Local Amendments • Peer Communities • State Law Ms. Meriaux finished by relaying that historically, the process for updating codes includes engagement with and feedback from several stakeholder groups. The proposed process for the 2024 code update is summarized below: • Staff will meet at least twice with the City’s Building Code Advisory Board to seek input and recommendations and to present the draft ordinance and proposed local amendments. • Staff meets with Fire Districts monthly, and upcoming meetings will include discussion of code adoption. • Staff will conduct one round of public engagement, with specific outreach to local contractors, architects and developers to solicit feedback. • If needed, staff will convene specific stakeholders to discuss local amendments. For example, in 2019, local townhome developers provided input on amendments specific to that building type. • The Denver Metro Home Builders Association typically publishes and distributes their opinion on the updated I-Codes. Whereas the timing of next steps and code adoption will depend on staff resources which are also being dedicated to the implementation of new permitting software. A follow-up study session with Council will likely be scheduled for this summer. Ms. Meriaux and Ms. Mikulak then stood by to answer questions. Councilmember questions and comments: CM thanked staff for their work and in answer to a specific question, Ms. Mikulak stated that if any changes were made at the State Legislature which required change to the local Code, staff would come before Council with those amendments. MPT Stites proposed a consensus to commence the code update process. Consensus was received. 3. Staff Report(s) No report. 4. Elected Officials’ Report(s) No report. ADJOURNMENT Mayor Starker adjourned the Special Study Session at 8:34 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting April 1, 2024 Mayor Starker called the Study Session to order at 6:30 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. Mayor Starker also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larsen, Janeece Hoppe, and Rachel Hultin. Also present: City Manager, Patrick Goff; Deputy City Manager Alli Scheck; Director of Community Development, Lauren Mikulak; Superintendent, Tracy Dorland Sr. Deputy City Clerk Margy Greer; Management Analyst, Cole Haselip, other staff and interested residents. Public’s Right to Speak No one came forward tonight. Note about Wheat Ridge Speaks: Members of the public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for the public to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. There were no public comments from Wheat Ridge Speaks. 1. Update from Jeffco Schools – Superintendent Tracy Dorlan Issue Leadership from the Jefferson County School District provided a “State of the District” presentation to City Council at the April 1st study session. Staff Reports Superintendent, Tracy Dorland, who along with Chief Operating Officer, Jeff Gatlin and others, shared the presentation which primarily covered the following topics: 1. Vision, Mission, Values, Priorities 2. Major Accomplishments 3. Property Disposition Process 4. School Funding 5. Mill Levy Overrides 6. School District Employee Compensation 7. 2023/2024 Major Initiatives They also shared their items with the District Profile and the Strategic plan for Jeffco Public Schools, Jeffco Thrives 2025 which focused on: • Our Learners, Our Future • Our People. Our Strength • Our Operations, Our Foundation • Our Community Our Legacy Chief of Staff, Lisa Relou gave a PowerPoint presentation showing: • Property Disposition Process • How the School are Funded • Challenges of District Funding • Teacher salaries CM comments and feedback Councilmembers asked detailed questions about several topics, engaging in discussion among themselves and with the school district officials including the process for school closures and how the schools play into the City’s Master Plan, working with the Parks & Recreation Department utilizing the schools’ properties; relieving waitlists at Warren Tech with more hands-on learning experiences for the students; demographic changes that impact the school population; specialized education experiences; funding opportunities for the school programs; and working together with the City on collaborative projects. 2. Board, Commission, and Committee Updates Issue Staff has completed the first Boards and Commissions Annual Report. This report details the achievements of each public body included in the report through the 2023 calendar year, anticipated activities in 2024, and provides information regarding the members of each public body. Staff has also prepared a presentation to accompany the delivery of the report. Staff Reports Presentation on the issue was provided by Management Analyst, Cole Haselip and included the background of the issue where this development of the first Boards and Commissions Annual Report was a collaborative, cross-department effort, involving the staff liaison to each board, commission, committee, and authority included within. A testament to the community’s willingness to contribute toward the next chapter of Wheat Ridge, these public bodies are comprised of approximately 70 volunteers from across the City. Mr. Haselip described the nine public bodies, where each are committed to addressing unique issues. Some engage in quasi-judicial land-use and building decisions, while others provide recommendations to staff or the City Council. Certain public bodies allocate grants to community partners or organize community events. Some engage in a combination of each of these activities. Enhanced by the diversity of their focus areas and roles within City processes, the value of these bodies, their dedicated volunteers, and the staff that support them are indispensable to the City’s success. He finished by saying that these presentations are designed to complement the report by addressing potential questions and facilitating conversation. The respective members of the public bodies being showcased have been invited to attend each presentation and will be available for questions as well. Cole Haselip began with the Community Partners Grant Program Committee, explaining it is a grant program supporting locally focused non-profit agencies and programs. The Committee reviews the applications and presents its award recommendations to Council. He explained the evaluation criteria used. In 2023, the Committee reviewed 28 applications and had funding requests in the amount of $284,330 for the 2024 grant cycle. The Committee ultimately recommended awarding $200,000 in awards, an increase of $40,000 compared to the last grant cycle. In 2024, the program is introducing new contracting and reporting requirements for recipients. Several instructional materials have been issued to help applicants meet the new requirements. Lauren Mikulak, Community Development Director, spoke about the Building Code Advisory Board. This Board did not meet in 2023. The Board is required by not only the city Code, but also the International Building Code. The Board has the authority to review appeals of the decisions and determinations of the Chief Building official. In this capacity, they make decisions on Code interpretations, contractor license suspensions, and suitability of alternate building materials and construction methods. The board is required to include specific experience in the construction industry. In 2024, they will be adopting new bylaws and advising on the City’s adoption of the 2024 International Codes. Jana Easley presented an update on the Board of Adjustment stating their mission is to make quasi-judicial decisions on requests for variances and waivers from the Zoning Ordinance and Sign Code and officially interpret those regulations. They met once in 2023 and have already had two variance cases in 2024. Ms. Easley explained the variances and waivers the Board reviews and what can be handled administratively by staff. Jana Easley then proceeded to give Council an update on the Planning Commission whose responsibility is to advise staff and make legislative recommendations to City Council regarding long-range planning and amendments to Chapter 26 of the Municipal Code. They met 9 times in 2023 and conducted 20 public hearings. Ms. Easley reviewed the Code Amendments, Land Use Cases, and Long-Range Planning items for 2024. She stated the Board’s role in each of these areas and spoke to the Commission’s, the public’s, and the Council’s role in the processes. Mary Hester, Sustainability Coordinator, gave an update on Sustainability Wheat Ridge stating their mission is to advise Wheat Ridge on matters pertaining to environmental sustainability and promotes sustainability programs to residents and businesses within the City of Wheat Ridge. She spoke to the 2023 achievements of the Committee including e-waste recycling, paint recycling, yard waste composting and the attendance at these events. Other activities included mentoring businesses, EV charger grant, turf replacement grant, awarding annual Green Business Awards, installing air quality monitors, and other projects. Ms. Hester stated that the focus areas for 2024 include residential waste engagement project, sustainability action plan update, Green Business program, expanding resource central programming, continuing to seek grant funding and offering community-facing programs and events. Public Comments: CM had comments and questions: CM Hultin asked if the presentation could be put on the website so Council members could point the website when residents ask about the various boards and commissions. 3. Liquor Licensing Authority Review 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 or permits in a timely manner. Council may consider appointing an Administrative Hearing Officer (AHO) in place of the eight-member board, as is becoming more standard across the Denver metro area. Staff Reports Presentation on the issue was provided by Assistant City Attorney Joe Rivera, Sr. Deputy City Clerk, Margy Greer and included the background on the LLA which is a quasi-judicial board comprised of 8 members: two from each of the City’s four districts. This board is responsible for licensing liquor establishments in the city and for conducting show cause hearings for alleged liquor license violations. The board is vested with the authority to grant and refuse licenses and special permits, approve, and deny applications for renewal and transfer of licenses for the sale of retail malt, vinous, or spiritous liquors and fermented malt beverages, designate and assess fees, promulgate reasonable rules and regulations, conduct investigations, and to suspend or revoke such licenses for cause, all in the manner provided by law. Items included in the presentation included: 1. Law Governing Liquor in Wheat Ridge 2. Current Challenges 3. Administrative Hearing Office Model (AHO) They stated the with the AHO, who must be an attorney licensed to practice law in Colorado, as the LLA hearings would be scheduled monthly and canceled if no applications or cases are pending. Staff would work with the AHO to define a division of responsibilities through policy, an example of which follows, which will create for more efficient processes for businesses and complies with state law. LLA Chair Morgan Richards spoke in favor of an Administrative Hearing Officer. The group finished the presentation with recommendations to move to an AHO model for the LLA and stood by to answer questions. CM had comments and questions: There was general consent from Council Members to move forward with the proposed ordinance moving from the residential board to an Administrative Hearing Officer. There was General Consent from City Council to move forward with the proposed ordinance. 4. Staff Report(s) No Report. 5. 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. ADJOURNMENT Mayor Starker adjourned the Study Session at 8:40 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  April 8, 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.  Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. All in attendance stood and recited The Pledge of Allegiance to the Flag. ROLL CALL OF MEMBERS Jenny Snell Scott Ohm         Rachel Hultin Janeece Hoppe Amanda Weaver     Korey Stites       Dan Larson Leah Dozeman Absent: None. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; Sr. Deputy City Clerk, Margy Greer; Director of Parks and Recreation, Karen O’Donnell; Director of Community Development, Lauren Mikulak; Grant and Special Project Administrator, Brandon Altenburg, other staff, guests and interested citizens.  APPROVAL OF MINUTES Minutes not available for approval at this time. APPROVAL OF AGENDA Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES The City of Wheat Ridge declared April 14-20, 2024 as the week reaffirming the City’s commitment to supporting the men and women tasked with enforcing regulations, bylaws, and ordinances regarding animal control. Where 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. Mayor Starker presented the proclamation to CSO Phil Shroeder. CSO Shroeder spoke a few words about the animal care and control program in Wheat Ridge and thanked Mayor Starker for the honor. Crime Victim Rights Mayor Starker proclaimed the week of April 21-27, 2024, as crime victims’ rights week where the victims' rights movement has resulted in the passage of laws at the local, state, and federal levels that established essential rights for victims. Mayor Starker presented the proclamation to Jennifer Griffin who thanked Mayor Starker for the honor. Arbor and Earth Day Mayor Starker proclaimed Monday April 22, 2024, as City Of Wheat Ridge Earth Day Celebration as 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. Mayor Starker also then declared Friday, April 26, 2024, as City of Wheat Ridge Arbor Day Celebration to encourage the community members and businesses of Wheat Ridge to care for, enjoy and appreciate trees in your yard and neighborhood. He presented the proclamation to Jim Roemelt, Forestry and Open Space, Benny Paiz of parks, the City’s Forestry and Open Space Manager, and Bob Timms of the WR Rotary. The Mayor and Council were thanked for recognizing Arbor Day and the tree planting done throughout the city. PUBLIC’S RIGHT TO SPEAK Bob Timm, a member of the Wheat Ridge Rotary Club, spoke about a Tree Grant they Rotary received. They joined forces with the City to plant 18 trees on residential properties in Wheat Ridge. He also spoke about the Rotary Club celebrating their 50th anniversary this year, their scholarship program, and other activities. Kim Calomino, a resident of Wheat Ridge, spoke to the increase of volume, cut-through traffic on neighborhood streets, and increased failure to enforce the speed. She suggested taking a larger look at the neighborhood and the cut-through traffic through neighborhoods. She expressed her concern about non-enforcement of drivers going over 10 mph. She suggested having a traffic advisory committee, public education, and improving the ticketing process. Kelly Blin, a member of the Wheat Ridge traffic advisory team, spoke in favor of many of the traffic remedies in the City’s responses to the traffic issues. She made many other suggestions and offered statistics locally and nationally regarding lower speed limits in residential streets and measuring speed differently when it comes to enforcement. Overall, she spoke to many traffic concerns that fall outside the scope of a regular traffic study. Cameron Falon, a resident of Wheat Ridge, spoke in support of the Council looking into the traffic issues. She asked if Council would look at qualitative measures, not just quantitative. She stated people are using her street as a cut-through and it is especially dangerous when people are walking their dogs, children are playing, and more. She stated she has seen semis and moving trucks on her street. She suggested a speed bump be placed on her street, signage, and reduced speed limits would be helpful. Candace Tomlinson, a resident of Wheat Ridge, spoke about the Lutheran Master Plan and there is a big misconception about the Plan itself. She stated more public education is needed before changing the Charter. Ms. Tomlinson also spoke to the traffic issue and is hopeful that the Belair Neighborhood will get a grant for traffic improvement on that street. She stated that not ticketing over 10 mph on residential streets should change, and speed limits should be lowered in residential areas. She stated she would like to have the NPP Program stopped because it pits neighbor against neighbor. She also would like to see one focal point for traffic issues in the City, rather than going through each department in the City to get questions answered. She stated she would like to see a traffic advisory committee put into place. Note about Wheat Ridge Speaks: Members of the Public may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item.  The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening.  The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item, including items that address a public hearing (verbatim, if the comments do not contain lascivious language or unlawful hate speech). No comments were received from Wheat Ridge Speaks. CONSENT AGENDA There was nothing tonight. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING There was nothing tonight. PUBLIC HEARINGS AND 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. 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. Staff Presentation There was none as this is a bill on first reading. Public Comment No one came forward as this item sets the date and time for the public hearing on this ordinance at the indicated date and time. 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 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. It was seconded by MPT Stites. Vote: 8-0. The motion carried. 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. CM Dozeman introduced the item and read the Issue Statement into the Record: 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. Staff Presentation Director of Parks and Recreation, Karen O’Donnell presented to Council the background of the item where 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 Cultural Commission representative, two community representatives, a visual artist, an elected representative, a City staff representative, and one site agency representative. She stated that 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, also that Mechan and Celestial Vines was selected unanimously by the public art selection committee. Karen O’Donnell introduced Kendall Peterson of ThereSquared LLC, who gave a PowerPoint presentation regarding the selected artwork at Ward Road. After the presentation she stood by to answer questions. Council Questions and comments Council Members thanked staff and the consultant for their hard work on the project and spoke to their support of the artwork project. CM Dozeman made a motion to adopt Resolution 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. It was seconded by CM Ohm. Vote: 8-0. The motion carried. 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 Lee & Bought Ditch Company CM Larson introduced the item and read the Issue Statement into the Record: Issue: The City is currently working towards the design and construction of a trail around Tabor Lake. The Lee and Baugh Dit5ch 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 aera. Staff Presentation Director of Parks and Recreation, Karen O’Donnell stated that the reason this is being done at this time is because in order to receive funding of around $450,000, they wanted to be sure the City had a formalized agreement with the Lee & Baugh Ditch Company. She stated it is the final step in receiving that funding. City Attorney Jerry Dahl stated that the Ditch Company worked well with him throughout the process of drafting the agreement. They made changes at his suggestion and were very accommodating. He stated he supports the form of the agreement. After the presentation, Karen O’Donnell stood by to answer questions. Council Questions and comments CM Larson asked if the Ditch Company was in favor or supported what the City wanted. Attorney Dahl stated that he received no push back from the Company. He also spoke to the construction happening during the non-irrigation season. CM Larson made a motion to adopt Resolution 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. It was seconded by CM Ohm. Vote: 8-0. The motion carried. CITY MANAGER’S MATTERS City Manager Patrick Goff reminded residents about the branch drop off location. CITY ATTORNEY’S MATTERS No report. ELECTED OFFICIALS’ MATTERS Mayor and Council Members reported on their various activities including ribbon cutting ceremonies, their attendance at other agency meetings, and items of personal interest. ADJOURN TO SPECIAL STUDY SESSION The meeting adjourned at 7:51 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor Special Study Session – City Council CITY OF WHEAT RIDGE, COLORADO NOTES April 8 2024 Upon adjournment of the Regular City Council Meeting, and after a short recess, the Mayor called this Special Study Session to order at 7:57 p.m. This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. After calling the meeting to order, presiding official Mayor Starker stated the rules and procedures necessitated by this meeting format. Mayor Starker welcomed the Council, other elected officials, staff and interested citizens. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Janeece Hoppe, Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larson, and Rachel Hultin. Also, present: City Manager Patrick Goff; City Attorney Gerald Dahl; Deputy City Manager, Alli Scheck; Sr. Deputy City Clerk, Margy Greer; Director of Public Works, Maria D’Andrea; Community Development Director, Lauren Mikulak, other staff, guests and interested citizens. Public’s Right to Speak No one came forward tonight. Note about Wheat Ridge Speaks: Citizens may visit the Wheat Ridge Speaks website and enter written comments of up to 1,000 words on any Council agenda item. The deadline for citizens to submit comments is 12:00 Noon Mountain Time on the day of a Council session so that Council members, other elected officials and City Staff have time to review the comments before the meeting on Monday evening. The City Clerk’s Office transcribes those Wheat Ridge Speaks comments into these minutes, placing each comment along with the record for that agenda item. There were no citizen comments entered into Wheat Ridge Speaks related to this session. 1. Lutheran Legacy Campus – Zone Change and Charter Amendment Staff Report Community Development Director Laura Mikulak gave a PowerPoint presentation outlining the history and timeline of the changes at Lutheran Legacy Campus and Intermountain Health/Lutheran moving into their new facilities in August. The presentation included the Master Plan process at Lutheran Legacy Campus which was adopted in 2021. Ms. Mikulak showed Council the development framework diagram from the Master Plan showing where lower density residential and open space, middle- high density mixed-use; as well as the existing uses. After a review of the diagrams, Laura Mikulak explained that the Council had three options regarding potential zone changes and Charter amendments: Option 1 – would allow for private owners to request zone changes from the City and then go to the voters with a Charter Amendment. Option 2 – Council to be proactive in a supporting a Charter amendment, as a developer will be hesitant to purchase under the current zoning option. Option 3 – City legislatively rezone the property to ensure future zoning aligns with the plan and concurrently support a Charter amendment to allow for needed zoning. She spoke to the different types of zoning which is now available, but said it doesn’t currently reflect the mixed-use proposed for the campus or fit well with the master plan. If a City-initiated rezoning requires that Council adopt a formal resolution to initiate the process. Councilmember questions and comments: After much discussion amongst Council, there was consensus from Council that Option No. 3 was their preference. Community polling was requested from Council as well regarding a potential Charter amendment being placed on the ballot for the voters. 2. City’s Response to Traffic Issues Issue Traffic issues, primarily excessive speeds, are a continual complaint from the public. Citizens contact various departments, primarily the police department to request speed enforcement on their streets. While the police department responds to these requests as time and resources allow, often it’s determined that there is not a speed problem that is enforceable. In other words, the number of speeding vehicles does not warrant committing resources to enforce a minor number of the overall vehicles on the street. This results in frustration from citizens who often expect that all speeding vehicles should be ticketed to effect change. The city is attempting to address traffic issues throughout the community in a variety of ways that focus on not only enforcement but also education, and engineering. Education can assist in advising drivers, as well as pedestrians and bicyclists, of their responsibilities on the road and the rules of the road. Engineering attempts to modify the built environment either through temporary or permanent measures, to effect changes in driver behavior. An example of this is speed humps. Staff Report Maria D’Andrea, Director of Public Works, stated that the City is attempting to address the traffic issues through enforcement, education, and engineering. She stated that engineering is cost prohibitive as people want things done in a variety of ways on many of the streets in Wheat Ridge. The Neighborhood Traffic Calming Program, grant applications, Safe Streets and Roads for All program, Federal Highway Administration programs, and other agencies are working together to help communities find solutions. Police Chief Murtha stated that the police department receives more complaints than about traffic than any other issue. Traffic safety is one of the number one concerns of the police department. He introduced Division Chief of Police Eric Kellogg who offered some impacts and partial solutions in the realm of automated speed enforcement and automated redlight enforcement. Division Chief Kellogg showed Council a PowerPoint presentation highlighting the technology uses for helping with traffic safety and enforcement including e-ticketing, Jammer Black Cat product which produces a printout showing speed studies in various parts of the City, and there is also an option for automated traffic enforcement. He explained what each of these technologies provide and asked for direction from Council regarding the purchase of the automated traffic enforcement (ATE) program. Councilmember questions and comments: CM Hultin suggested utilizing the ATE program and any revenues received being utilized on safe road programs within the city streets. She also asked for staff to look at the percentage drivers are going over the speed limit vs. a simply 10 mph over, as the difference is larger with the lower speed limits on neighborhood streets. She suggested following the State’s lead on how they are handling the funds received from the ATE program. CM Larson asked if it was considered legally served if a ticket was received via the mail. Kellogg stated that the State legislation has approved it as legal service. CM Larson also asked about the shared database for Public Works, Police Department, and Engineering. D’Andrea stated that they are working on sharing the traffic information received so all the departments are using the information. Kellogg explained how the ATE program works regarding the information flow from the agency collecting the data and forwarding it to the Wheat Ridge Police Department. CM Dozeman stated the ATE may take away the human contact with police officers talking to the drivers and asked about the loss of that connection. Chief Murtha explained that it doesn’t stop the officers from making traffic stops and educating people, but it is an added resource for traffic safety. MPT Stites stated that with all the elementary schools in the area and more and more children in the mix, he feels this is truly a public safety issue and a good solution. CM Larson stated that when staff works on an ordinance to adopt the Colorado Model Traffic Code that they expand it to include muffler noise and other vehicular noise issues. CM Hoppe asked for consensus on allowing the police department to move forward with redlight enforcement, speed enforcement, and reckless warning. Consensus was received. 3. Staff Report(s) No report. 4. Elected Officials’ Report(s) No reports. ADJOURNMENT Mayor Starker adjourned the Study Session at 10:01 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor PROCLAMATION ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH MAY 2024 WHEREAS, Asian American and Pacific Islander Heritage Month is a month to celebrate and pay tribute to the contributions of generations of Asian American and Pacific Islanders to American history, society, and culture; and WHEREAS, the origin of Asian American and Pacific Islander Heritage Month dates back to the 95th Congress (1977-1978) when five joint resolutions were introduced proposing that a week in May be designated to commemorate the accomplishments of Asian American and Pacific Islanders; and WHEREAS, on March 28, 1979, President Carter issued Proclamation 4650, the first presidential proclamation, for Asian American and Pacific Islander Heritage Week recognizing the significant role Asian Americans and Pacific Islanders have played in the creation of a dynamic and pluralistic American society with their contributions to the sciences, arts, industry, government, and commerce; and WHEREAS, the month of May was chosen to commemorate the immigration of the first Japanese to the United States on May 7, 1843, and to mark the anniversary of the completion of the transcontinental railroad on May 10, 1869, whose tracks were mostly laid by Chinese immigrants; and WHEREAS, 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. NOW THEREFORE BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, formally designate the month of May 2024, as ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH and encourage everyone to commemorate this important occasion in recognition of the numerous contributions made by the Asian American and Pacific Islander communities locally, nationally, and globally. IN WITNESS WHEREOF, on this 22nd day of April 2024. __________________________ Bud Starker, Mayor Steve Kirkpatrick, City Clerk PROCLAMATION PROFESSIONAL MUNICIPAL CLERKS WEEK May 5 - May 11, 2024 WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government exists throughout the world; and WHEREAS, 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; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and WHEREAS, the duties of the Municipal Clerk are many including serving as the official record keeper for the municipality, issuing licenses and permits, coordinating elections, facilitating the annual board of review and municipal redistricting project, attending meetings, and serving as a community resource; and WHEREAS, Municipal Clerks continue to strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county, and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby recognize the week of May 5 - May 11, 2024, as PROFESSIONAL MUNICIPAL CLERKS WEEK and further extend appreciation to our Municipal Clerk, Steve Kirkpatrick, Sr. Deputy City Clerk, Margy Greer, and Deputy City Clerk, Robin Eaton, and all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF, on this 22nd day of April 2024 ___________________________ Bud Starker, Mayor ___________________________ Steve Kirkpatrick, City Clerk ITEM NO: 1a DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager ISSUE: On February 26, 2024, Council approved the reappropriation 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. PRIOR ACTION: Council approved the 2023 re-encumbrances on February 26, 2024. Council Action Form – 2023 PO Re-Appropriation April 22, 2024 Page 2 FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of $415,911.71. When the purchase orders were closed on December 31, 2023, the funds encumbered for those purchase orders are transferred to the unreserved fund balance in each of the funds listed below. Therefore, there are adequate funds in the various unreserved fund balances to meet this request and there will not be a net negative effect to the unreserved fund balances. The funds will be distributed as follows: Capital Project Fund $ 51,092.61 Renewal Wheat Ridge Bond Projects $ 364,819.11 Total: $ 415,911.71 BACKGROUND: When staff prepared the budget appropriation for re-encumbrances on February 26, 2024, we neglected to include three payments that were made in January and February 2024 against the respective purchase orders. The payment amounts should have been added to the carryover request for each purchase order so that funds for the entire project are properly budgeted in 2024. The detail of each purchase order that is short by the payment amount is as follows: Vendor Project PO Amount as of 12/31/23 Amount carried over Payment made/amount needed Seven Points Construction Courts Remodel $84,428.32 $33,335.71 $51,092.61 Reliant Rec Center HRUs $1,162,500.00 $912,500.00 $250,000.00 Independent Roofing Rec Center Roof $236,000.00 $121,180.90 $114,819.10 TOTAL $415,911.71 Per the direction of City Council in 2005, the City utilizes generally accepted accounting principles (GAAP) which requires all encumbrances expire at year-end. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve 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.” Or, “I move to postpone indefinitely 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 Council Action Form – 2023 PO Re-Appropriation April 22, 2024 Page 3 of 2023 fiscal year encumbered funds in the amount of $415,911.71 for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Mark Colvin, Finance Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 16-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 Series of 2024 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2024 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION OF 2023 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $415,911.71 WHEREAS, the City’s independent auditor has recommended that the City utilize generally accepted accounting principles (GAAP) for its budgeting basis which requires all encumbrances to expire at year end; and WHEREAS, 105 purchase orders remained open on December 31, 2023 and were re-appropriated on February 26, 2024; and WHEREAS, to continue three projects associated with these purchase orders, an additional appropriation is necessary to account for payments made in 2024 and a supplemental budget re-appropriation is necessary to transfer the funds from unreserved fund balances to specific 2024 budget line items. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1: The City of Wheat Ridge fiscal year 2024 Budget is amended to transfer $51,092.61 from 30-580-00-589 to 30-610-800-811 to fully fund the City Hall Courts Remodel Project. Section 3: City of Wheat Ridge fiscal year 2024 Budget is amended to transfer $364,819.11 from 40-580-00-589 to 40-102-800-805 to fully fund the Wheat Ridge Recreation Center Heat Recovery Unit and Roof Projects. DONE AND RESOLVED this 22nd day of April 2024. Bud Starker, Mayor ATTEST: _____ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 ITEM NO: 1b DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO 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. PRIOR ACTION: None FINANCIAL IMPACT: These grant funds have not been appropriated in the 2024 budget. This resolution will amend the budget to accept these grant funds and appropriate the funds in the General Fund for the following purposes: X City Manager $75,000 over a one-year period to procure outreach supplies and to provide motel vouchers to certain individuals on their way to more permanent housing. BACKGROUND: The Emergency Solutions Grant Program aims to end homelessness by connecting those experiencing or at risk of homelessness to the appropriate resources as quickly as possible with few, if any, barriers. The City’s Homeless Navigation Program applied for funding under two components of ESG: Emergency Shelter and Street Outreach (providing essential social services to those living outdoors). The funding from this grant will allow the Navigation Program to continue its operations and potentially expand the number of clients that it is able to serve. The money will be used to provide motel stays for certain clients, as well as to purchase outreach supplies to build rapport and trust with potential clients. RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve 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.” Or, “I move to table indefinitely 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 for the following reason(s) _ .” REPORT PREPARED/REVIEWED BY: Kory Kolar, Housing Navigator Maddy Horgan, Homeless Navigator Marianne Schilling, Assistant City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 17-2024 2. Grant Award Letter CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 17 Series of 2024 TITLE: 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 WHEREAS, the City of Wheat Ridge, Colorado (the “City”), acting through its City Council (“Council”), is a home rule municipality with statutory and constitutional authority to provide law enforcement services; and WHEREAS, the Colorado Department of Local Affairs awards federal Emergency Solutions Grant Program funds to nonprofits and municipalities to be used to address homelessness; and WHEREAS, in 2024, the Colorado Department of Local Affairs, as part of the federal Emergency Solutions Grant program, has awarded the Wheat Ridge Homeless Navigation Program $75,000 in funds to be used for Emergency Shelter and Street Outreach; and WHEREAS, this grant will provide $75,000 over a one-year period to procure outreach supplies and to provide motel vouchers to certain individuals on their way to more permanent housing; and WHEREAS, the Council therefore wishes to accept the 2024 Department of Local Affairs funds for the aforementioned homeless navigation purposes, as set forth herein; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City of Wheat Ridge hereby accepts the 2024 Colorado Department of Local Affairs Emergency Solutions Grant funding in the amount of $75,000 for the outlined purposes. Section 2. A transfer of $75,000 is hereby approved from the General Fund undesignated reserves to account 01-114-650-660 and the 2024 revenues are amended accordingly. ATTACHMENT 1 DONE AND RESOLVED this 22nd day of April 2024. Bud Starker, Mayor ATTEST: _________________________ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 12/4/2023 Bud Starker, Mayor 7500 W 29th Ave Wheat Ridge CO 80033 Re: 33880–City of Wheat Ridge Dear Bud Starker, Mayor The U.S. Department of Housing and Urban Development (“HUD”) has awarded Emergency Solutions Grant (“ESG”) funding to the Department of Local Affairs (“DOLA”) Division of Housing (“DOH”). In response to the DOH 2023 ESG Notice of Funding Availability (“NOFA”), the ESG Review Team recommended using a portion of DOH Proposition 123 funding to fund the City of Wheat Ridge. I concur and am offering to enter into an ESG-23 grant agreement of up to $75,000.00 within six months from the date of this letter. The following is a list of eligible funding activities: Street Outreach Emergency Shelter This project falls under the excluded category and is not subject to other laws or requirements. The ESG team will approve the Environmental Review and the required Environmental Review form. Since no further action is needed, you may proceed directly to contracting. Congratulations on your award, and best wishes for successfully implementing the project. Please contact Whitney Whitaker at whitney.whitaker@state.co.us or 720.682.3593 for information on how to proceed. Sincerely, Rick M. Garcia Executive Director cc: Kristin Toombs, Director, Office of Homeless Initiatives (OHI) Whitney Whitaker, Emergency Solutions Grant (ESG) Program Manager ATTACHMENT 2 ITEM NO: 1c DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 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 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. PRIOR ACTION: Council passed Resolution 40-2023 on August 8, 2023 supporting this funding application. FINANCIAL IMPACT: This feasibility study is estimated to cost approximately $90,000. The associated grant through the Jefferson County Trails Partnership Program would contribute $45,000, the City of Denver will be contributing $30,000, the Mile High Flood District will be contributing $10,000, and the City of Wheat Ridge has budgeted $5,000 to fund the study. Council Action Form – IGA with Denver to Manage Feasibility Study April 22, 2024 Page 2 The Wheat Ridge contribution is budgeted in the 2024 Open Space Fund (32-601-800-884). While this project is primarily within the City of Denver, it does overlap with Wheat Ridge in the Creekside Park area and unincorporated Jefferson County in the W. 52nd area. If this agreement is approved, the City will transfer the $5,000 in city funds and $45,000 in Jefferson County Open Space funds to the City of Denver for the purpose of contracting with a firm to complete the feasibility study, per the language and timeline in the agreements. BACKGROUND: The Jefferson County Open Space Trails Partnership Program is funded by the Jefferson County Open Space tax and exists to fund trails projects in the county at either 25% of the project cost for local trails or 50% of the project cost for regional trails. Extensions and connections to the Clear Creek Trail are generally considered part of the regional trail system. Jefferson County Open Space approached the Cities of Wheat Ridge and Denver about the possibility of completing a feasibility study for this area of the Clear Creek Trail (also known as the Peaks to Plains Trail). This area between Creekside Park/Harlan St. and W. 52nd Avenue is one of the few areas of the trail corridor that is directly on streets and not a grade separated trail. The current route takes users along Gray Street and Clear Creek Drive to connect to the actual trail. This area also includes the jurisdictions of Wheat Ridge, Denver, unincorporated Jefferson County, and potentially the City of Arvada. The Mile High Flood District is a special district and is also involved with its responsibilities related to Clear Creek, the floodplain, and related projects and infrastructure. Wheat Ridge, as a municipality within Jefferson County, was eligible to apply for Trails Partnership Program funding. The Clear Creek Trail system is heavily used and highly valued by Wheat Ridge residents as a regional trail within the Jefferson County trails plan. Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident Engagement Program affirms this. The 2023 resident survey showed that over 2/3 of respondents gave high marks to the availability of walking trails in Wheat Ridge with 65% having used the Clear Creek Trail in the past year. Each of the Let’s Talk Program’s focus neighborhoods have told the City that bicycle and pedestrian access and safety to and around the Clear Creek Trail is a top tier issue. RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution to direct the Mayor to sign the Intergovernmental Agreement with the City of Denver to route the funds to Denver to contract for and manage the feasibility study. RECOMMENDED MOTION: “I move to approve 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.” Or, Council Action Form – IGA with Denver to Manage Feasibility Study April 22, 2024 Page 3 “I move to table indefinitely 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 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. 18-2024 2. IGA Wheat Ridge Denver Creekside Park 3. Feasibility Study Scope of Work Map CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2024 TITLE: 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 WHEREAS, the City of Wheat Ridge was awarded a grant from the Jefferson County Open Space Trails Partnership Program in the amount of $45,000 for a feasibility study for the possibility of a trail connection in the area between Creekside Park and W. 52nd Ave; and WHEREAS, the study area overlaps with both Wheat Ridge and unincorporated Jefferson County, but is primarily within the City of Denver; and WHEREAS, the City of Wheat Ridge and City of Denver agree to have the City of Denver manage the feasibility study; and WHEREAS, the City of Wheat Ridge has received information through resident engagement and resident committees that improvements to the Clear Creek Trail system, Wheat Ridge Greenbelt, and local parks are desired; and WHEREAS, an Intergovernmental Agreement with the City of Denver is required in order to receive grant funds and move forward with the project and partnership with the City of Denver. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The City Council hereby authorizes the Mayor to sign the Intergovernmental Agreement with the City of Denver. Section 3. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 22nd day of April 2024. Bud Starker, Mayor ATTEST: ______ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 Page 1 of 3 IGA: City of Wheat Ridge and City and County of Denver INTERGOVERNMENTAL AGREEMENT Between the City of Wheat Ridge, AND the City and County of Denver, This Intergovernmental Agreement (“IGA” or “Grant IGA”) is made and entered into, effective as of the date set forth on the City’s signature page (“Effective Date”) between the City of Wheat Ridge, and the City and County of Denver. Witnesseth: I. RECITALS 1. City of Wheat Ridge, hereafter referred to as “Wheat Ridge” has applied for and received a $45,000 grant from Jefferson County Open Space, hereafter referred to as “JCOS” for conducting a feasibility study for a potential grade-separated trail between Creekside Park and W. 52nd Ave. 2. The City and County of Denver, hereafter referred to as “Denver”, is an ineligible recipient of the grant and the parties intend by this agreement for Wheat Ridge to be the conduit through which Denver will receive the grant funds and manage the project implementation and grant funds. 3. The JeffCo Open Space Trails Partnership Program grant agreement between Wheat Ridge and JCOS is attached to this agreement as exhibit “A”, hereafter referred to as the “JeffCo Grant”. 4. Denver intends to accept assignment of Wheat Ridge’s obligations stated in the JeffCo Grant, but only as limited by this IGA. 5. The grant funds from JCOS will be paid to Wheat Ridge, and subsequently to Denver, based on the Alternative Payment Schedule within the Grant Agreement Addendum attached to this agreement as exhibit “B”. 6. The Mile High Flood District, hereafter referred to as “MHFD”, will contribute $10,000 towards this feasibility study, which will be paid to Denver prior to a consultant being contracted with to complete the work, as described in the Alternate Payment Schedule, exhibit “B”. 7. Wheat Ridge will contribute an additional $5,000 in city funds towards this feasibility study, which will be paid to Denver prior to a consultant being contracted with to complete the work, as described in the Alternate Payment Schedule, exhibit “B”. ATTACHMENT 2 Page 2 of 3 8. Denver’s Parks and Recreation Department and Department of Transportation and Infrastructure will in total contribute $30,000 towards this feasibility study. Therefore, in consideration of the mutual promises stated below and other valuable consideration, the parties agree: II. AGREEMENT 9. Denver will cooperate with Wheat Ridge and provide all documents necessary for Wheat Ridge to substantially comply with the Jeffco Grant. By this Grant IGA Denver accepts assignment of Wheat Ridge’s responsibilities under the JeffCo Grant as limited by this Grant IGA. Denver disclaims and shall not agree to be bound by any term or condition of the JeffCo Grant that is illegal or void by state or federal law, or otherwise unauthorized by Denver charter, ordinance rule or regulation. Denver specifically disclaims and shall not agree to Section 8.1 regarding a grantee’s agreement to indemnify Jefferson County or to indemnify any other entity. By executing this agreement, the parties do not waive any immunity or limit liability contained in the Colorado Governmental Immunity Act; do not create a multi-year fiscal obligation; and do not create any other financial obligation not supported by a current appropriation. 10. Notwithstanding any other term or condition of this Grant IGA or the JeffCo Grant, the obligation of Denver for all or any part of any payment obligations pertaining to the Grant IGA or JeffCo Grant, whether direct or contingent, over and above expenditure of the funds received from the JeffCo Grant, shall only extend to utilization and payment of monies duly and lawfully approved and appropriated for the purpose of the Grant IGA or JeffCo Grant by the Denver City Council and paid into Denver’s Treasury. Wheat Ridge and JeffCo acknowledge that (i) Denver does not by this Grant IGA, irrevocably pledge present cash reserves for payments in future fiscal years, and (ii) this Grant IGA is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of Denver. If applicable, Denver has committed matching funds for this Grant IGA and JeffCo Grant in the amounts stated herein. 11. This agreement does not create any rights in any individual not a party to this agreement. 12. This document, and exhibits, shall constitute the entire agreement of the parties. 13. This agreement, including the limited right of entry and license, shall terminate simultaneously with the termination of all Wheat Ridge obligations under the JeffCo Grant. [ELECTRONIC SIGNATURES FOLLOW] ITEM NO: 1d DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 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 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ _____________________________ Director of Parks & Recreation City Manager ISSUE: The City of Wheat Ridge was awarded $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. PRIOR ACTION: Council passed Resolution 40-2023 on August 8, 2023 supporting this funding application. FINANCIAL IMPACT: This feasibility study is estimated to cost approximately $90,000. This grant would contribute $45,000, the City of Denver will be contributing $30,000, the Mile High Flood District will be contributing $10,000, and the City of Wheat Ridge has budgeted $5,000 to fund the study. Council Action Form – JCOS Trails Grant Agreement for Feasibility Study April 22, 2024 Page 2 The $5,000 Wheat Ridge contribution is budgeted in the 2024 Open Space Fund (32-601-800-884). While this project is primarily within the City of Denver, it does overlap with Wheat Ridge in the Creekside Park area and unincorporated Jefferson County in the W. 52nd area. If the grant agreement is approved, the City of Wheat Ridge would transfer the $5,000 in city funds and $45,000 in Jefferson County Open Space funds to the City of Denver for the purpose of contracting with a firm to complete the feasibility study, per the language and timeline in the agreements. BACKGROUND: The Jefferson County Open Space Trails Partnership Program is funded by the Jefferson County Open Space tax and exists to fund trails projects in the county at either 25% of the project cost for local trails or 50% of the project cost for regional trails. Extensions and connections to the Clear Creek Trail are generally considered part of the regional trail system. Jefferson County Open Space approached the Cities of Wheat Ridge and Denver about the possibility of completing a feasibility study for this area of the Clear Creek Trail (also known as the Peaks to Plains Trail). This area between Creekside Park/Harlan St. and W. 52nd Avenue is one of the few areas of the trail corridor that is directly on streets and not a grade separated trail. The current route takes users along Gray Street and Clear Creek Drive to connect to the actual trail. This area also includes the jurisdictions of Wheat Ridge, Denver, unincorporated Jefferson County, and potentially the City of Arvada. The Mile High Flood District is a special district and is also involved with its responsibilities related to Clear Creek, the floodplain, and related projects and infrastructure. Wheat Ridge, as a municipality within Jefferson County, is eligible to apply for Trails Partnership Program funding. The Clear Creek Trail system is heavily used and highly valued by Wheat Ridge residents as a regional trail within the Jefferson County trails plan. Feedback from the bi-annual citywide resident survey and the Let’s Talk Resident Engagement Program affirms this. The 2023 resident survey showed that over 2/3 of respondents gave high marks to the availability of walking trails in Wheat Ridge with 65% having used the Clear Creek Trail in the past year. Each of the Let’s Talk Program’s focus neighborhoods have told the City that bicycle and pedestrian access and safety to and around the Clear Creek Trail is a top tier issue. RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution to direct the Mayor to sign the grant agreement with Jefferson County Open Space to accept the funding award for the feasibility study. RECOMMENDED MOTION: “I move to approve Resolution No. 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.” Council Action Form – JCOS Trails Grant Agreement for Feasibility Study April 22, 2024 Page 3 Or, “I move to postpone indefinitely Resolution No. 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 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. 19-2024 2. Trails Partnership Program Grant Agreement-Wheat Ridge Feasibility Study 3. Trails Partnership Program Grant Amendment Wheat Ridge-P2P CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2024 TITLE: 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 WHEREAS, the City of Wheat Ridge was awarded a grant from the Jefferson County Open Space Trails Partnership Program in the amount of $45,000 for a feasibility study for the possibility of a trail connection in the area between Creekside Park and W. 52nd Ave; and WHEREAS, the study area overlaps with both Wheat Ridge and unincorporated Jefferson County, but is primarily within the City of Denver; and WHEREAS, the City of Wheat Ridge and City of Denver agree to have the City of Denver manage the feasibility study; and WHEREAS, the City of Wheat Ridge has received information through resident engagement and resident committees that improvements to the Clear Creek Trail system, Wheat Ridge Greenbelt, and local parks are desired; and WHEREAS, the acceptance of the grant 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 grant agreement with Jefferson County Open Space. Section 3. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 22nd day of April 2024. Bud Starker, Mayor ATTEST: ______ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 1 JEFFCO OPEN SPACE TRAILS PARTNERSHIP PROGRAM GRANT TERMS AND CONDITIONS 1.GRANT PROJECT TERMS. 1.1. The Board of County Commissioners for the County of Jefferson, State of Colorado(“County”) did duly adopt and pass Resolution No. CC24-035 awarding to the City of Wheat Ridge (“Grantee”) a 2024 Jeffco Open Space (“JCOS”) Trails Partnership Program Grant in the amount of $45,000.00 (“Grant”). The County and Grantee may be individually referred to herein as a “Party” or collectively as the “Parties.” 1.2. In consideration of its award of a Grant, Grantee agrees to abide by these Grant Terms and Conditions (“Grant Terms”). 1.3. Grantee shall use the Grant for the project (“Project”) set out in its Trails Partnership Program Grant Application dated 09/14/2023, (“Application”). Unless explicitly modified herein, the Application is incorporated into these Grant Terms. The general scope of the Project is: This project completes a Feasibility Study on the regional Peaks to Plains Trail to assess the options for grade separating the trail at West 52nd Ave. and realigning the trail within the creek corridor. 1.4. Grantee shall begin the Project within the current calendar year and complete the Project within two years from the date the award was granted, (the “Grant Period”). The parties understand that the Project will be deemed to be completed by the delivery of a feasibility report to the County. Any requested extension of the Grant Period will require JCOS’s prior written approval, which it may deny or condition in its discretion. 1.5. The Grant is comprised of Jefferson County Open Space Sales Tax Funds and/or a portion of the County’s share of the State of Colorado’s Conservation Trust Funds. For example and without limiting the foregoing, the use of JCOS Sales Tax Funds is limited to public open space, park, or recreation purposes pursuant to the 1972 Open Space Enabling Resolution, as amended. Grantee understands and acknowledges it is bound by the use restrictions of such Funds, as applicable. 1.6. Grantee shall manage the Grant funds in accordance with applicable laws, regulations, permitting requirements, these Grant Terms, and JCOS’s Policies, Procedures, and guidelines, as they may be amended from time to time. 1.7. Additional Grant Project Terms. Without limiting the foregoing, the following specific Grant terms also apply to the Grant funds and the Project: ATTACHMENT 2 2 1.7.1. N/A______________________________ 1.7.2. N/A_______________________________ 2. PAYMENT OF GRANT FUNDS. 2.1. Due to the nature of this Project, which includes the City and County of Denver and The Mile High Flood District as additional partners on the Project, JCOS has agreed to an alternate payment schedule, which is attached to these Grant Terms as an Addendum. 3. COMMUNICATION; REPORTS; RECORDS. 3.1. Grantee and JCOS shall each appoint one individual to act as principal contact person for notices and other communications concerning the Grant and the Project. The initial appointees are: Grantee (name, email, phone): Brandon Altenburg; baltenburg@ci.wheatridge.co.us; 303-231-1307 JCOS: Emily Guffin; eguffin@jeffco.us; (303) 271-5946 Grantee or JCOS may change its contact person at any time by written notice to the other Party. 3.2. On a quarterly basis Grantee shall provide JCOS with a written Project report that at minimum describes the status of the Project and provides an accounting of Grant fund expenditures. 3.3. Grantee shall maintain its books and records in a manner that will provide JCOS with sufficient detail to review Grantees receipts and expenditures relating to the Grant. Grantee shall make such records available for review by JCOS upon reasonable notice during the Grant Period and for two years thereafter. 4. DONOR RECOGNITION; PUBLICITY. Grantee agrees to adhere to the JCOS Funding Recognition Guide attached as Exhibit A to appropriately acknowledge a contribution from the Trails Partnership Program to complete the Project. 5. PROJECT CHANGES. Grantee shall notify JCOS if Grantee determines in good faith that because of changed circumstances it is no longer possible for the Grant to serve its original purpose. In that case, and upon JCOS’s prior written approval, Grantee may use the remaining Grant funds on a public open space, park, or recreation project or projects in line with both Grantee’s and JCOS’s mission. The Parties shall execute an amendment to these Grant Terms addressing any such Project change and these Grant Terms, as amended, shall apply to and govern the new or revised Project. 6. NONCOMPLIANCE. Grantee understands and acknowledges that noncompliance with these Grant Terms may result, for example, in JCOS requiring the return of all or a portion of 3 the Grant funds and/or Grantee’s ineligibility for future Trails Partnership Program grant funds. 7. PROJECT PARTNERS. The parties understand that the City and County of Denver, (“Denver”) and The Mile High Flood District, (collectively, “Project Partners”) are partners with Grantee on the Project. Denver will be managing the Project. Grantee accepts all responsibility to ensure that Denver complies with all Grant Terms throughout the Grant Period and any approved extension thereof. Any failure by either Project Partner to comply with any Grant Term shall be deemed a noncompliance with the Grant Terms by Grantee, and Grantee shall be responsible to promptly rectify any Grant Term noncompliance by either Project Partner. 8. MISCELLANEOUS TERMS. 8.1. No Assumption of Liabilities. By providing the Grant and completing the Project neither Party is assuming any liability for the acts or omissions of the other Party and the County is not assuming any liability for the acts or omissions of any third party, including the Project Partners. Within the limitations of the Colorado constitution and statutes, Grantee shall indemnify and hold the County harmless from any loss that the County may incur as a result of any claim which is in any way related to the Grant or the Project and which is made by any third party, including without limitation either of the Project Partners. 8.2. No Employment Relationship. By providing the Grant and completing the Project or by execution or acceptance of these Grant Terms, neither Party is acting as an agent, servant, or employee of the other Party, nor of the Project Partners. 8.3. No Third-Party Beneficiaries. The Parties agree the Grant and these Grant Terms is only intended to cover the relative responsibilities of the Parties and no third party beneficiaries are intended, including without limitation, the Project Partners. 8.4. Governmental Immunity. Nothing associated with the Grant or contained in these Grant Terms shall give or allow any claim or right of action by any third party, nor shall anything contained herein be construed as a waiver of the right of the Parties to assert all defenses and limitations on liability provided by law including, without limitation, the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S., and the Owners of Recreational Areas Act, §33-41-101, et seq., C.R.S., or any successor acts or provisions. 8.5. Officials Not to Benefit. No elected or employed member of either Party shall be paid or receive, directly or indirectly, any share or part of the Grant or any benefit that may arise therefrom. 8.6. Electronic Signatures. These Grant Terms may be signed electronically. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §24-71.3-101 through §24-71.3-121. 4 8.7. Waiver. The failure of JCOS to object to Grantee’s use of the Grant funds or noncompliance with these Grant Terms shall not be deemed a waiver. The undersigned, on behalf of Grantee, hereby agrees to abide by these Grant Terms. GRANTEE: The City of Wheat Ridge By______________________________ Name___________________________ Title____________________________ Date:___________________________ JCOS Acceptance: By______________________________ Name___________________________ Title____________________________ Date:___________________________ 5 EXHIBIT A JCOS Funding Recognition Guide GRANT AGREEMENT ADDENDUM Alternate Payment Schedule Peaks to Plains Feasibility Study This Alternate Payment Schedule arises from the City of Wheat Ridge’s 7-20-23 Request for 75% Advance Payment ($33,750.00) of Jefferson County Open Space ("JCOS”) Trails Partnership Program Grant by the Board of County Commissioners for the County of Jefferson, State of Colorado ("County") in the amount of $45,000.00 ("Grant”). This Alternate Pay Schedule shall be attached as an Addendum to the Grant Agreement according to the Grant Terms. Background. The Peaks to Plains Feasibility Study is a unique project with many partners. The Project is estimated to cost $90,000. The City of Wheat Ridge is applying on behalf of the City and County of Denver (“Denver”), and the City of Wheat Ridge will contribute $5,000 to Denver in advance of the project. Denver is contributing funding ($30,000) from two departments (Parks and Recreation, Transportation Infrastructure) and will be managing the Peaks to Plains Feasibility Study project. The Mile High Flood District is also contributing funding ($10,000) and CDOT submitted a letter of concurrence for the project as well. Denver’s procurement policies require that funds are in place ahead of the start of the Project before Denver will sign an agreement with a consultant to complete this Project. To account for this, Denver has requested advance payments from all of the Project Partners. At the start of the project, Denver will have a total of $78,750 in project funds ($30,000 from Denver; $10,000 from Mile High Flood District; $5,000 from the City of Wheat Ridge; and $33,750 from JCOS). Denver plans to “front” the remaining $11,250 until the final reimbursement from JCOS upon completion of the project. Alternate Pay Schedule Request. The City of Wheat Ridge has requested an advance of 75% of the Trails Partnership Program Grant in the amount of $33,750.00. The remaining 25% will be transferred at the end of the project, subject to the Grant Terms. The City of Wheat Ridge is grateful to JCOS Staff, the Open Space Advisory Committee and the Jefferson County Board of County Commissioners for its support and consideration of this request. Proposed Alternate Payment Schedule 1st Advance of $33,750.00 by May 1, 2024 2nd Payment upon completion of the Project (to be determined) The undersigned hereby agree to the Alternate Payment Schedule described above. GRANTEE: City of Wheat Ridge By: Date: . Brandon Altenburg, Grant and Special Project Administrator ATTACHMENT 3 JCOS Acceptance: By: Date: . Title: Your signature here ITEM NO: 1e DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT MEMBERS TO THE BOARD OF ADJUSTMENT PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Sr. Deputy City Clerk City Manager 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. PRIOR ACTION: When Council adopted Ordinance 1664 in 2019, several changes were made to the Code regarding board membership. Due to an oversight, the language of the Code remained the same regarding members moving out of their district therefore ceasing to be a member of the board. Staff does not believe this was the intent of City Council. Council Action Form – Appointing Board Members April 22, 2024 Page 2 FINANCIAL IMPACT: None. BACKGROUND: The Code provision mentioned has been in the Code for many years. However, with Council now making appointments out-of-district, staff does not believe it was the intent of Council to have members removed from the board because they moved from one district to another, as they are still residents of the City. RECOMMENDATIONS: Staff recommends moving forward with the appointment of Betty Jo Page to District II and Thomas Burney to District IV. RECOMMENDED MOTION: “I move to appoint Betty Jo Page to the District II position on the Board of Adjustment, term ending March 2, 2025.” And, “I move to appoint Thomas Burney to the District IV position on the Board of Adjustment, term ending March 2, 2027.” REPORT PREPARED/REVIEWED BY: Margy Greer, Sr. Deputy City Clerk Alli Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Application for Board of Adjustment for Betty Jo Page 2. Application for Board of Adjustment for Thomas Burney ATTACHMENT 1 ATTACHMENT 2 ITEM NO: 1f DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE CONTRACT WITH OPENGOV FOR THE PERMITTING AND LICENSING SYSTEM IN THE AMOUNT OF $137,933.31 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Deputy City Manager City Manager 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. PRIOR ACTION: Regular updates have been provided to Council over the course of the last two years during study sessions, budget presentations and the City Manager’s quarterly update. FINANCIAL IMPACT: Over the course of the last three budgets, the City has saved $844,000 in the Equipment Replacement Fund to fund the implementation and initial subscription fees to replace the existing legacy Enterprise Resource Planning system (ERP). At least the first year’s “software as a subscription (SaaS)” fees for each system will be covered from the Equipment Replacement Fund. Therefore, there is no impact to the General Fund reserves in 2024 from the purchase of this system. Additionally, the Community Development team applied for and was awarded a grant from the Department of Labor and Administration (DOLA) in the amount of $97,077 which will further offset the implementation costs and the initial SaaS fee. Council Action Form – OpenGov Contract April 22, 2024 Page 2 BACKGROUND: In February 2021, Council determined that streamlining the permitting and licensing programs to be a priority workplan item for staff. In 2022, the City retained the consultancy firm BerryDunn to conduct a full and sweeping analysis of the City’s current systems and business processes. This included finance, revenue, building permitting, human resources information systems (HRIS) and courts. With BerryDunn, the City conducted a Request for Proposal (RFP) process to determine the best system or package of systems to best serve the City’s needs. Staff learned through this process that no one system exists to serve the City’s needs and that instead, systems tailored to specific needs will best serve the needs of business owners, residents, staff and other stakeholders. Ideal systems have been selected for each area mentioned above and an implementation schedule has been determined as follows: Area System Implementation Timing Revenue – tax and licensing GovOS April – November 2024 Permitting – building, right-of-way and code enforcement OpenGov April – December 2024 HRIS – payroll, personnel, applicant tracking, time keeping, performance *TBD – contract pending February – May 2025 Finance – accounting, general ledger, cashiering *TBD – contract pending May 2025-June 2026 Courts – judicial management *TBD – contract pending June 2025 – May 2026 *Preferred systems have been identified, but negotiations are ongoing. Other systems are feasible should terms not prove favorable to the City. Given Council’s focus on streamlining the City’s permitting and licensing programs, staff have prioritized revenue and permitting systems for implementation in 2024. Thanks to the work of Community Development staff, the City recently received notice of a grant award to fund the first year and implementation costs of the preferred permitting system, OpenGov, through the Colorado Department of Local Affairs (DOLA). Contracts for each system will be brought to Council for approval as they are ready and prior to implementation kick-off. Staff analyzed several potential systems for permitting and licensing. The preferred system for the City’s permitting program, specifically building permits, right-of-way permits, and contractor licensing, is OpenGov. Currently, the City contracts with Charles Abbott Associates (CAA) for the City’s Building Division activities. Coincidentally, several other CAA customers also use OpenGov for their permitting and licensing solution which gives Wheat Ridge a strong starting point going into the implementation. Council Action Form – OpenGov Contract April 22, 2024 Page 3 While evaluating permitting and licensing systems, staff considered self-service features, ease of use for businesses and applicants, cost and system security. OpenGov provides the best features for the cost with acceptable system security compared to all the systems that staff evaluated. When staff determined the overall RFP process did not meet the need for a permitting and licensing system, staff utilized a “bake-off” procurement process in which three vendors all with cooperative, piggy-backable agreements were invited to provide a demonstration of their software to staff. OpenGov was ultimately chosen as the preferred solution due to the software functionality and negotiated costs. The State of Utah completed their procurement process in 2019 and included favorable terms for other States and their political subdivisions. This contract includes an annual fee of $63,773.49 in addition to the initial implementation fee of $74,841.03 for a year 1 total of $137,933.31. RECOMMENDATIONS: Staff recommends approval of the OpenGov contract. RECOMMENDED MOTION: “I move to approve the contract with OpenGov for the permitting and licensing system in the amount of $137,933.31,” Or, “I move to deny the contract with OpenGov for the following reason(s) _________.” REPORT PREPARED/REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. OpenGov quote and Master Services Agreement ITEM NO: 2 DATE: April 22, 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 (04/08/24) 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 are enclosed. City Council approved this ordinance on first reading on April 8, 2024. A motion was made by Councilmember Hultin and seconded by Councilmember Stites and was approved by a vote of 8 to 0. Council Action Form – Expanded Letter Notice April 22, 2024 Page 2 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. 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. Council Action Form – Expanded Letter Notice April 22, 2024 Page 3 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. 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, order it published, 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 2. Draft Planning Commission Minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HULTIN 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 8 to 0 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 Planning Commission Minutes -1 – March 21, 2024 PLANNING COMMISSION Minutes of Meeting March 21, 2024 1.CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair DISNEY at 6:29 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2.ROLL CALL OF MEMBERS Commission Members Present:Kristine Disney Krista Holub Will Kerns Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Commission Members Absent: Daniel Graeve Staff Members Present: Jana Easley, Planning Manager Stephanie Stevens, Senior Planner Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 5.APPROVAL OF MINUTES – February 15, 2024 It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to approve the minutes of February 15, 2024, as written. Motion carried 5-0-2 with Commissioner HOLUB and QUINONES abstaining. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. ATTACHMENT 2 Planning Commission Minutes - 2 – March 21, 2024 7. PUBLIC HEARING A. Case No. WZ-23-04: an application filed by HDR Architects, Inc. on behalf of Intermountain Health to request approval of a Master Sign Plan for the hospital campus at Clear Creek Crossing. Ms. Stevens gave a short presentation regarding the Master Sign Plan and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Commissioner KERNS stated he thinks everything looks great but wondered if a larger sign facing I-70 makes more sense. Andy Schwabe, HDR Project Manager, representing Intermountain Health 2365 Willow Lane Mr. Schwabe gave a brief presentation about the Master Sign Plan for the new Lutheran Medical Center and how it is going to be a positive experience navigating the Hospital’s campus. Public Comment No one wished to speak at this time. In response to Commissioner KERNS earlier comment, Mr. Schwabe mentioned that Intermountain Health wanted the larger sign facing the main entry into the site since there is a sign on the parking garage facing I-70. Ms. Stevens added that this plan only shows the deviations from the sign code for those that exceed the Design Pattern Book and any additional signs that meet code are not shown. Signs will likely be proposed on the east hospital façade, but they will meet code. It was moved by Commissioner QUINN and seconded by Commissioner KERNS to APPROVE Case No. WZ-23-04, a request for approval of a master sign plan on property zoned Planned Mixed-Use Development (PMUD) and located at 13155 W. 40th Avenue, for the following reasons: 1. The site is eligible for a master sign plan. 2. The master sign plan promotes well-planned and well-designed signage. 3. The master sign plan is appropriate for a hospital campus which is a unique land use with unique signage and wayfinding needs. Planning Commission Minutes - 3 – March 21, 2024 4. The master sign plan is consistent with the intent of the sign code and Design Pattern Book and is appropriate for the context of the development. Motion approved 6-0-1 with Commissioner MOORE abstaining. B. Case No. ZOA-23-03: An ordinance amending Section 26-109 regarding public hearing notice. Ms. Easley gave a short presentation regarding the resolution. Ms. Easley entered into the record the contents of the case file, packet materials, and the zoning ordinance. In response to a question from Commissioner SCHELKE, Ms. Easley confirmed that the applicant will pay half the cost of the postage for the public hearing notices to be mailed. Commissioner QUINN mentioned he agrees with the increase in the radius for the public notice mailings. Commissioner HOLUB thanked staff for providing the relevant mailing distances for nearby cities. Public Comment No one wished to speak at this time. It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to recommend approval of the proposed ordinance amending Section 26-109 of the Wheat Ridge Code of Laws concerning public hearing letter notice. Motion carried 7-0. 8. OLD BUSINESS 9. NEW BUSINESS A. Welcome New Commissioners Ms. Easley welcomed the two new commissioner, Commissioners HOLUB and QUINONES. B. Upcoming Dates ITEM NO: 3 DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 20-2024 – A RESOLUTION ADOP TING 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 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ __________________________ Steve Art, Executive Director City Manager 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. Council Action Form – U.S. Retail Partners Cooperation Agreement April 22, 2024 Page 2 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. PRIOR ACTION: On May 13, 2019, City Council approved a Cooperation Agreement authorizing the City to share 1.0 cent of its 3.5 cents sales tax for a period of five-years. On March 4, 2024, City Council provided consensus to bring this item to Council for formal adoption for a sales tax extension for a period of an additional ten years. FINANCIAL IMPACT: If approved, the City will continue to share 1.0 cent of its 3.5 cent sales tax generated from this project for a period of an additional 10-years or a maximum amount of $2,000,874, whichever occurs first. Based on current revenue projections, the maximum amount is estimated to be reached in Fiscal Year 2028. The redevelopment of the Walmart site is currently generating approximately $815,000 in sales tax revenue annually for the City. BACKGROUND: Walmart closed its doors in Wheat Ridge in July 2017. The Developer quickly made plans to redevelop the building and the site to attract new tenants. In early 2018, the Developer entered into letters of intent with Hobby Lobby, Sierra Trading Post, HomeGoods, and Ulta to backfill a majority of the vacant Walmart building. More recently, Eyeglass World backfilled the last retail space and in December 2023 Chick-fil-A opened a new store on a new retail pad at the corner of 38th and Youngfield. To attract these quality, national retail tenants, significant improvements to the 35-year-old structure and site were necessary. The new uses required dividing the former Walmart building into five separate spaces. The redevelopment included a complete reface of the building façade, reconstruction of the parking lot for more efficient use, creation of the Chick-fil-A retail pad and streetscape improvements along Youngfield and 38th. The City utilized a portion of its 1% Xcel funding to underground all the utilities from 32nd and Youngfield to the terminus of the former Walmart building on 38th Avenue. In total, the Developer invested approximately $20 million into this redevelopment project. Over $10.7 million of this investment was determined to be eligible public improvements. These include general site improvements, Youngfield streetscape and signalized intersection improvements, façade upgrades, wet utilities, 38th Avenue ROW improvements, demolition of blighted buildings and environmental remediation of asbestos. RWR hired Economic & Planning Systems (EPS) to conduct an analysis of the Developer’s pro forma to determine if a public subsidy was required to make this project financially feasible. For a project of this type, a typical developer’s return on cost is somewhere between 6%-8%. If this redevelopment project received no public assistance through the TIF, it would generate a Council Action Form – U.S. Retail Partners Cooperation Agreement April 22, 2024 Page 3 return of 5.13%. In order for this project to move forward, the Developer required a 6.75% return or a public subsidy of 8.4 million in nominal dollars. Based on the EPS analysis, RWR approved a Redevelopment Agreement on March 15, 2019 to reimburse the Developer for the cost of these public improvements up to a maximum aggregate amount of $8,441,138 through the utilization of property and sales tax increment. On May 13, 2019, City Council approved a Cooperation Agreement with RWR authorizing the City to share 1.0 cent of its 3.5 cents for a period of five-years up to a maximum amount of $2,000,874 towards the maximum aggregate amount of $8,441,138. The Developer’s pro forma was utilized to estimate revenues. The estimated and actual sales and property tax generation were: Year Sales Tax Estimated Actual Property Tax Estimated Actual 2020 $327,156 $59,977 $0 $0 2021 $372,539 $179,068 $0 $0 2022 $383,716 $239,975 $226,541 $79,496 2023 $395,227 $243,176 $258,987 $68,745 2024 $407,084 $250,471* $261,392 $140,000* *Estimated Due to the emergence of the COVID crisis as well as other economic factors, the modeled timing and revenue assumptions have been different than the revenue models originally anticipated. 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. RECOMMENDATIONS: Staff recommends approval of the First Amendment to the 2019 Cooperation Agreement. RECOMMENDED MOTION: “I move to approve 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. Retailer Partners in an amount not to exceed $2,000,874 or fifteen years from the original agreement date. Or, “I move to postpone indefinitely 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 Council Action Form – U.S. Retail Partners Cooperation Agreement April 22, 2024 Page 4 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 for the following reason(s) _______________________________.” REPORT PREPARED AND REVIEWED BY: Steve Art, Executive Director Wheat Ridge Urban Renewal Authority Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 20-2024 2. First Amendment to Cooperation Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 Series of 2024 TITLE: 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 WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the City Council of the City (the “City Council”) established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended; and WHEREAS, the City Council has adopted the I-70/Kipling Corridors Urban Renewal Plan (the “Urban Renewal Plan” or the “Plan”) for the area described therein (the “Urban Renewal Area”); and WHEREAS, the Authority has determined that the redevelopment of the Project, in order to remediate blight, is consistent with and in furtherance of the purposes of the Authority and the Plan; and WHEREAS, the Urban Renewal Plan contemplates that a primary method of financing projects within the Urban Renewal Area will be through the use of property tax increment revenues and City sales tax increment revenues; and WHEREAS, the Plan adopted the utilization of property and sales tax increment for the Property and authorizes the Authority to pledge such property tax increment revenues and City sales tax increment revenues to finance public infrastructure that benefits the Urban Renewal Area pursuant to one or more Cooperation Agreements (as defined therein); and WHEREAS, the Authority and the Developer entered into a Redevelopment Agreement on March 15, 2019 (the “Redevelopment Agreement”) that sets forth the rights and responsibilities of each party with respect to the financing and construction of the Project; and WHEREAS, in order to finance certain eligible improvements for the Project, the Redevelopment Agreement provides that, upon compliance with certain conditions 2 precedent, the Authority will reimburse the Developer for eligible costs incurred in connection with such eligible improvements in the maximum amount of $8,441,138 (the “Reimbursement Amount ”) with the Reimbursement Amount to be payable solely from property tax increment revenues and sales tax increment revenues to be generated from the redevelopment of the Project; and WHEREAS, on May 13, 2019, the City of Wheat Ridge entered into a Cooperation Agreement with the Wheat Ridge Urban Renewal Authority, dba Renewal Wheat Ridge to pledge one-cent of its three and one half percent sales tax for a period of five years or $2,000,874; and WHEREAS, circumstances such as the Covid pandemic and consumer retail trends drastically impacted sales tax generation within the activity; and WHEREAS, the County Assessor’s property tax calculations did not meet the anticipated revenues expected to be generated; and WHEREAS, in connection with the execution and delivery of the Redevelopment Agreement and the repayment of the Reimbursement Amount in accordance therewith, the City and the Authority believe it is in the best interests of the City and the Authority to enter into a First Amendment to a Cooperation Agreement (the “First Amendment”) EXHIBIT A related to the Project; and WHEREAS, the First Amendment will extend the Cooperation Agreement an additional 10-years, or 15-years from the original agreement date in an amount not to exceed $2,000,874, whichever occurs first; and WHEREAS, there has been filed with the City Clerk of the City (the “City Clerk”) the proposed form of the First Amendment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the City’s home rule charter (the “Charter”), and in accordance with the foregoing recitals, that adopting this Resolution, entering into a First Amendment to the May 13, 2019, Cooperation Agreement is in the best interests of the inhabitants of the City. Section 2. Approval of a First Amendment. The First Amendment, in substantially the form on file with the City Clerk, is in all respects approved, authorized, and confirmed. The Mayor is hereby authorized and directed to execute and deliver the First Amendment, for and on behalf of the City, in substantially the form and with substantially the same contents as is on file with the City Clerk, provided that such document may be completed, corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes of this Resolution. The execution of the First Amendment by the Mayor shall be 3 conclusive evidence of the approval by the City Council of such document in accordance with its terms. Section 3. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Resolution and to place the seal of the City on any document authorized and approved by this Resolution. The Mayor, the City Manager, the City Clerk, the City Attorney, and all other appropriate officials or employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to facilitate the redevelopment of the Project and implement and carry out the transactions and other matters authorized by this Resolution. Section 4. Ratification. All actions (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council, or the officers, employees or agents of the City directed toward the redevelopment of the Project and the execution and delivery of the First Amendment are hereby ratified, approved and confirmed. Section 5. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the documents hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the same are severable. Section 6. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 7. Effectiveness. This Resolution shall take effect immediately. DONE AND RESOLVED this 22nd day of April 2024. Bud Starker, Mayor Attest: Margy Greer, Sr. Deputy City Clerk 1 12/21/2023 HTTPS://CIWHEATRIDGECOUS-MY.SHAREPOINT.COM/PERSONAL/RCURRY_CI_WHEATRIDGE_CO_US/DOCUMENTS/DESKTOP/4.22.24 PACKET PREP/240422 - C.2.C - ATTACH 2 - FIRST AMDT TO REGENCY COOP AGR-A122123.DOCX EXHIBIT A FIRST AMENDMENT TO COOPERATION AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND WHEAT RIDGE URBAN RENEWAL AUTHORITY THIS FIRST AMENDMENT TO COOPERATION AGREEMENT (the "First Amendment") dated as of _______, 2024, is made and entered into between the CITY OF WHEAT RIDGE, COLORADO (the "City") and the WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a/ RENEWAL WHEAT RIDGE (the "Authority"). WHEREAS, the City is a Colorado home rule municipality with all the powers and authority granted pursuant to Article XX of the Colorado Constitution and its home rule charter (the "Charter"); and WHEREAS, the Authority is a Colorado Urban Renewal Authority, with all the powers and authority granted to it pursuant to Title 31, Article 25, Part 1, Colorado Revised Statutes ("C.R.S.") (the "Urban Renewal Law"); and WHEREAS, pursuant to Article XIV of the Colorado Constitution, and Title 29, Article 1, Part 2, C.R.S., the City and the Authority are authorized to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each governmental entity; and WHEREAS, the City Council of the City (the "City Council") has previously adopted the I-70/Kipling Corridors Urban Renewal Plan, as amended (the "Urban Renewal Plan" or the "Plan") for the area described therein (the "Urban Renewal Area"); and WHEREAS, U.S. Retail Partners, LLC, a Delaware limited liability company (the "Developer"), has redeveloped the vacant Walmart retail building consisting of approximately 126,000 square feet within the Applewood Shopping Center, which is in the Urban Renewal Area; and WHEREAS, to assist in the Redevelopment of the Project, the City and the Authority entered into that Cooperation Agreement dated May 13, 2019 (the "Original Cooperation Agreement"), which authorized the City to pledge sales tax increment to the Project for a period of five (5) years up to the maximum amount of $2,000,874; and WHEREAS, the Parties desire to extend the term of the Original Cooperation Agreement in order to extend the City's pledge of sales tax increment to the Project for an additional ten (10) years without amending the maximum amount of Pledged Sales Tax Revenues as set forth in the Original Cooperation Agreement. NOW, THEREFORE, in consideration of the mutual promises set forth below, the City and the Authority agree as follows: ATTACHMENT 2 2 12/21/2023 HTTPS://CIWHEATRIDGECOUS-MY.SHAREPOINT.COM/PERSONAL/RCURRY_CI_WHEATRIDGE_CO_US/DOCUMENTS/DESKTOP/4.22.24 PACKET PREP/240422 - C.2.C - ATTACH 2 - FIRST AMDT TO REGENCY COOP AGR-A122123.DOCX 1. Section 1, subsection b. of the Original Cooperation Agreement is amended to read as follows: I. COOPERATION. * * * b. The City agrees to assist the Authority by pursuing all lawful procedures and remedies available to it to collect and transfer to the Authority on a timely basis all Pledged Sales Tax Increment Revenues for deposit into the Project Account of the Special Fund until the total amount of Pledged Revenues as defined in the Redevelopment Agreement paid to Developer equals the Reimbursement Amount, or December 31, 2034 2025, whichever first occurs. 2. Entire Agreement. This First Amendment and the Original Cooperation Agreement shall represent the entire agreement between the parties with respect to the subject matter hereof and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the parties relating to the subject matter of this Agreement and shall be independent of and have no effect upon any other contracts. IN WITNESS WHEREOF, this Agreement is executed by the Parties as of ____________, 2024. CITY OF WHEAT RIDGE, COLORADO By: ____________________________________ Bud Starker, Mayor ATTEST: ____________________________________ Margy Greer, Sr. Deputy City Clerk APPROVED AS TO FORM ____________________________________ Gerald Dahl, City Attorney 3 12/21/2023 HTTPS://CIWHEATRIDGECOUS-MY.SHAREPOINT.COM/PERSONAL/RCURRY_CI_WHEATRIDGE_CO_US/DOCUMENTS/DESKTOP/4.22.24 PACKET PREP/240422 - C.2.C - ATTACH 2 - FIRST AMDT TO REGENCY COOP AGR-A122123.DOCX WHEAT RIDGE URBAN RENEWAL AUTHORITY By: ____________________________________ Walt Pettit, Chairperson ATTEST: _____________________________ Steve Art, Executive Director ITEM NO: 4 DATE: April 22, 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 (04/08/2024) 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). 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 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.” 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 ___________ 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 ___ to ___ 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: 5 DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager 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. PRIOR ACTION: N/A Council Action Form – Bond Proceeds Reimbursement April 22, 2024 Page 2 FINANCIAL IMPACT: Two storm sewer repairs are currently being evaluated and are expected to cost between $600,000 and $800,000. The $1,000,000 request is to provide for contingency as well as potential other, similar repairs prior to the issuance of bonds. BACKGROUND: In November 2023, Wheat Ridge citizens 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; • 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. Two recent storm sewer pipe failures have been identified: • 32nd Avenue, west of Miller St, which conveys the Rocky Mountain Ditch; and • Miller Street, 32nd Avenue to 34th Avenue, which conveys stormwater from the south side of 32nd Avenue to the north. Drainage improvements, including storm sewer repairs, were identified as a potential 2J sales and use tax extension project. RECOMMENDATIONS: Staff recommends approval of the reimbursement resolution. RECOMMENDED MOTION: “I move to approve 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.” Or, “I move to postpone indefinitely 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, for the following reason(s) __________________________.” REPORT PREPARED AND REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 21-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 21 Series of 2024 TITLE: 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 WHEREAS, the City of Wheat Ridge, Colorado (the “City”) is a home rule municipality and political subdivision of the State of Colorado (the “State”) organized and existing under a home rule charter (the “Charter”) pursuant to Article XX of the Constitution of the State; and WHEREAS, the members of the City Council of the City (the “Council”) have been duly appointed and qualified; and WHEREAS, it is the current intent of City to construct certain capital improvements of the City, specifically emergency storm sewer repairs, as approved by the voters of the City at an election held in November 2023 (the “Project”); and WHEREAS, the City has determined that it is in the best interest of the City to finance the Project through the issuance of sales and use tax revenue bonds or by any other means legally available to the City; and WHEREAS, the Council has determined that it is necessary to make capital expenditures to acquire and construct the Project prior to the time that the City arranges for the specific financing of such Project; and WHEREAS, it is the City’s reasonable expectation that when such financing occurs, the capital expenditures will be reimbursed with the proceeds of the financing; and WHEREAS, to comply with the provisions of the Internal Revenue Code of 1986, as amended (the “Code”), it is the City’s desire that this resolution shall constitute the “official intent” of the Council to reimburse such capital expenditures within the meaning of Treasury Regulation §1.150-2. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL FOR THE CITY OF WHEAT RIDGE, COLORADO: ATTACHMENT 1 Section 1. All action (not inconsistent with the provisions of this resolution) heretofore taken by the Council and the officers, employees and agents of the City directed toward the Bonds is hereby ratified, approved and confirmed. Section 2. The City intends to finance approximately $75,000,000 to pay the costs of the Project, including the reimbursement of certain costs incurred by the City prior to the receipt of any proceeds of a financing estimated to be approximately $1,000,000, upon terms acceptable to the City, as authorized in a resolution to be hereafter adopted and to take all further action which is necessary or desirable in connection therewith. Section 3. The officers, employees and agents of the City shall take all action necessary or reasonably required to carry out, give effect to and consummate the transactions contemplated hereby and shall take all action necessary or desirable to finance the Project and to otherwise carry out the transactions contemplated by the resolution. Section 4. The officers and employees of the City are hereby authorized and directed to take all action necessary or appropriate to effectuate the provision of this resolution. Section 5. The City shall not use reimbursed moneys for purposes prohibited by Treasury Regulation §1.150-2(h). Section 6. This resolution is intended to be a declaration of “official intent” to reimburse expenditures within the meaning of Treasury Regulation §1.150-2. Section 7. If any section, paragraph, clause or provision of this resolution shall for any reason be held invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this resolution. Section 8. All acts, orders and resolutions of the City, and parts thereof, inconsistent with this resolution be, and the same hereby are, repealed to the extent only of such inconsistency. This repealer shall not be construed to revive any act, order or resolution, or part thereof, heretofore repealed. Section 9. The resolution shall be in full force and effect upon its passage and approval. Section 10. A transfer of $1,000,000 is hereby approved from the Capital Improvement Program undesignated reserves to account 30-302-800-833. PASSED AND ADOPTED this 22nd day of April 2024. CITY OF WHEAT RIDGE, COLORADO By Bud Starker, Mayor Attest: By Margy Greer, Sr. Deputy City Clerk By Bud Starker, Mayor Attest: By Margy Greer, Sr. Deputy City Clerk ITEM NO: 6 DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ _____________________________ Chief of Police City Manager ISSUE: The 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. PRIOR ACTION: None Council Action Form – Acceptance of Command Post April 22, 2024 Page 2 FINANCIAL IMPACT: UASI assets are specifically designated for state and local authorities to assist in the mitigation of terrorism risks or gap areas within the region. The Police Department identified the need for a mobile command post vehicle that would serve to assist in the following ways: • Response to terrorism • Response to SWAT team activations • All hazard response • Major incident/event security • Major crime investigation response The City would be responsible for 20.1%, approximately $101,422.19, of the total cost of the command post vehicle which would be approximately $504,588.00. BACKGROUND: 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. RECOMMENDATIONS: Staff recommends approval of the IGA and supplemental budget appropriation. RECOMMENDED MOTION: “I move 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.” Or, “I move to postpone indefinitely 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 for the following reason(s) _____________________________________.” REPORT PREPARED/REVIEWED BY: Jon Pickett, Commander Jim Lorentz, Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager Council Action Form – Acceptance of Command Post April 22, 2024 Page 3 ATTACHMENTS: 1. Resolution No. 22-2024 2. IGA 3. Grant Application CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 Series of 2024 TITLE: 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 WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for protection of the public health, safety and welfare; and WHEREAS, pursuant to its home rule authority under Section 6, Article XX of the Colorado Constitution and C.R.S. § 31-15-401, the City is authorized to provide law enforcement services, including preparing for and responding to catastrophic events such as acts of terrorism; and WHEREAS, in 2002, the Homeland Security Act established the Homeland Security Grant Program, and the City and County of Denver, Colorado (“Denver”) has been identified as an eligible candidate of the Urban Area Security Initiative (“UASI”) program since the 2003 funding cycle; and WHEREAS, Federal guidance mandates award by the state to the designated local recipient identified in congressional appropriations: in the case of Colorado, to Denver; and WHEREAS, as the direct recipient of UASI grant funding and the fiscal agent and fiduciary authority of the UASI program award, Denver is responsible for administering funding to other Colorado agencies and for ensuring compliance with all applicable Federal rules, regulations and requirements concerning the program; and WHEREAS, the Wheat Ridge Police Department (“WRPD”) wishes to participate in the UASI program such that it may apply for and receive grant-funded goods and services; and WHEREAS, to participate in the grant program, Denver requires a jurisdiction to enter into an intergovernmental agreement governing the terms and conditions of program participation; and WHEREAS, the Wheat Ridge City Council finds that it is desirable to approve said intergovernmental agreement to allow WRPD to receive UASI grant-funded goods and services, all in the interest of protecting the public health, safety and welfare by preparing for and responding to catastrophic events related to acts of terrorism; and ATTACHMENT 1 2 WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to approve such IGA. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. The attached Intergovernmental Agreement between the City of Wheat Ridge and the City and County of Denver, concerning the Urban Area Security Initiative, is hereby approved. The Mayor and City Clerk are authorized to execute the same. Section 2. A transfer of $115,000 is hereby approved from the General Fund undesignated reserves to account 01-303-800-807. DONE AND RESOLVED this 22nd day of April 2024. Bud Starker, Mayor ATTEST: ____________________________ Margy Greer, Sr. Deputy City Clerk 1 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 INTERGOVERNMENTAL AGREEMENT (Urban Area Security Initiative) THIS INTERGOVERNMENTAL AGREEMENT (“Agreement”) is between the CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado (“Denver”) and the CITY OF WHEAT RIDGE, a home rule and municipal corporation of the State of Colorado, located at 7500 W. 29th Avenue, Wheat Ridge, Colorado 80033 (the “Agency”), jointly (“the Parties”). RECITALS A. In 2002, the Homeland Security Act established the Homeland Security Grant Program. Denver has been identified as an eligible candidate of the Urban Area Security Initiative (“UASI”) program since the 2003 funding cycle. B. Denver’s continued eligibility has been determined through an analysis of relative risk to terrorism faced by the 100 most populous Metropolitan Statistical Areas (“MSAs”) in the United States. Federal guidance mandates award by the state to the designated local recipient identified in congressional appropriations. C. The purpose of the UASI program is to assist high-threat, high-density Urban Areas in efforts to build, sustain, and deliver the capabilities necessary to prevent, protect against, mitigate, respond to, and recover from acts of terrorism. UASI funding can be used to enhance preparedness for other catastrophic events, e.g., hurricanes and wildfires as long as such use of the funds has a nexus to preventing, preparing for, protecting against, and responding to terrorism. D. Participation in the UASI program requires that all parties fully implement the National Incident Management System (“NIMS”) and National Preparedness Doctrine to include development across the Core Capabilities as defined by FEMA’s National Preparedness Goal of 2015 or future iterations thereof. E. The U.S. Department of Homeland Security (DHS) requires high-risk Urban Areas to complete a Threat and Hazard Identification Risk Assessment (“THIRA”) every three years and Stakeholder Preparedness Review (SPR) annually and to prioritize grant funding to support closing capability gaps identified in this process. F. Agencies entering into this Agreement are considered by Denver as project awardees. NOW, THEREFORE, the Parties hereby agree as follows: 1. The Recitals are hereby expressly incorporated into this Agreement. 2.PURPOSE. The purpose of this Agreement is to provide for the distribution of UASI grant funds for goods and services through planning, organizing, equipping, training and exercising (POETE) activities to eligible entities, and to further the purposes of the UASI program. At the time of execution of this Agreement, the Parties anticipate that the UASI grant will be used 2 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 to fund POETE activities for goods and services to close gaps in the Core Capabilities. This Agreement is subject to the terms of the current, and any future version, FY UASI Notice of Funding Opportunity (NOFO). This Agreement may be amended to include future grant activities authorized by applicable grant guidance. Future amendments must be signed by a person(s) duly authorized to validly bind eligible entities prior to new POETE activities commencing. 3.DEFINITIONS. a.Capability and Capabilities refer to the Core Capabilities across 5 mission areas defined by FEMA’s National Preparedness Goal of 2015 or future iterations thereof. b.Core City is defined by the UASI grants as the City and County of Denver. c.Core County is defined by the UASI grants as the City and County of Denver. d. All references to Grant Agreement(s) or grant agreement(s) means the Colorado Department of Public Safety, Division of Homeland Security and Emergency Management (“DHSEM”) Agreement between Denver and the Colorado Department of Public Safety, including amendments thereto, and any earlier and later agreements, through which U.S. DHS UASI grants were or are passed through from the State to Denver that are used to fund this Agreement. e.Incident or Incidents mean emergencies resulting from man-made, technological or natural hazards or threats including all terrorist attacks involving chemical, biological, radiological, nuclear, explosive (CBRNE), incendiary, electromagnetic, or cyber weapons. f.Include, includes, and including are to be read as if followed by the words “without limitation” unless specifically qualified by words of limitation. g. Fiscal Risk Assessment refers to a document completed by the Project Awardee that is used by the City and County of Denver to determine if the Project Awardee has the financial and administrative ability to maintain and support any goods and services they may receive through the UASI grant process. h.Mission Area(s) are defined by national Preparedness Goal 2015 as Protection, Prevention, Mitigation, Response, and Recovery. i.Party and parties, regardless of whether capitalized, refer only to the named parties to this Agreement. j.POETE means Planning, Organization, Equipment, Training and Exercise activities. k.Project Awardee means a North Central All-Hazards Region Jurisdiction or 3 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 Agency that receives a subaward from the Denver UASI program to carry out part of this program. l.SPR means Stakeholder Preparedness Review as defined by Comprehensive Preparedness Guide 201 version 3 published in May 2017 or future iterations thereof. m.State means the State of Colorado. n.State Administrative Agency Point of Contact means the person designated by the Governor of the State of Colorado to be responsible for the management of the UASI program or such other person of the State agency, department, or division duly designated by the State. o.TEPW as defined by the Colorado Division of Homeland Security and Emergency Management is the Training and Exercise Plan Workshop. p.THIRA means Threat and Hazard Identification and Risk Assessment as defined by Comprehensive Preparedness Guide 201 version 3 published in May 2017 or future versions thereof. q.UASI means Urban Area Security Initiative. r.U.S. DHS means the United States Department of Homeland Security. s.Urban Area means the City and County of Denver and surrounding governmental and quasi-governmental jurisdictions that provide homeland security, emergency management, or capabilities defined under the National Preparedness Goal. 4.ROLES AND RESPONSIBILITIES. a. Denver, as the Core City and County of the UASI program, within the State of Colorado: i. Is the fiscal agent and fiduciary authority of the UASI program award, and thereby solely responsible for ensuring compliance with 2 CFR 200 - Uniform Administrative Requirements, Cost principles and Audit Requirements for Federal Awards Uniform Guidance issued by the Federal Office of Management and Budget (“OMB”), including review of fiscal risk on the Agency and determining eligibility for current and future UASI funding. ii. Shall serve as the sole procurement and coordination agency for goods and services provided under the UASI program, unless Denver determines a joint procurement and/or coordination process is beneficial for completing a UASI- funded activity. Procurement and/or coordination of goods and services shall be made in accordance with the budget and Denver’s own procurement laws, regulations, and policies. 4 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 b. Agency shall: i. Complete a Denver fiscal risk assessment prior to receiving UASI grant funded goods and services, if required. ii. Participate in the UASI THIRA/SPR process, including completion of provided forms and requests for information iii. Comply with all terms of each grant agreement and UASI grants from which it receives any goods and services, including reimbursement for any reason. iv. Make available for inspection and monitoring all goods provided by the UASI grant program and provide any related maintenance records or documentation. v. Concur that this Agreement does not warrant or guarantee entities will receive any specific amount of goods, services, or reimbursement. The Agency understands that it may receive goods, services, or reimbursement depending upon the approved budget and the Agency’s ability to take advantage of the goods and services in a timely manner. vi. Participate in UASI regional planning and inter-agency coordination activities. vii. Assign a project point of contact to act as the Agency representative for all aspects of any UASI funded goods and services that directly involve the Agency. viii. Accept title to and/or delivery of goods at the place designated by the purchase order or contract, and assume the risk of loss, in accordance with the terms applicable to a particular shipment or delivery of equipment or other tangible goods. ix. Notify the UASI program staff upon receipt of goods and services, including providing any documentation requested by UASI staff and tagging equipment with UASI tags as provided for by the UASI program office. x. Accept goods or services provided to it under this Agreement; provided that the Agency shall retain all legal and equitable rights and remedies against a vendor, supplier, or manufacturer for non-conforming or defective goods or services. xi. Repair and maintain all equipment and other tangible goods provided to Agency under this Agreement in good working order for the reasonably expected life-cycle of such equipment and other tangible goods, ordinary use, wear and tear excepted, and to prevent them from becoming spoiled, 5 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 deteriorated, defective, lost, stolen or obsolete. xii. Maintain all records on equipment and tangible goods that may be required by the terms of the UASI grant agreements, State and Federal laws, rules and regulations, or by Denver, including but not limited to maintenance records, depreciation schedules, physical location, and condition reports. xiii. Provide all supplemental documentation that may be required by Denver, including but not limited to completed inventory request forms as provided by the UASI, police reports for stolen equipment or goods, advanced written notification requesting permission to transfer, sell, or dispose of equipment or other tangible goods procured with UASI funds. xiv. Respond to Incidents utilizing the equipment and other tangible goods provided for, or reimbursed under this Agreement, including replacement of supplies and equipment acquired in accordance with this Agreement, and utilizing trained personnel as requested and reasonably available. xv. Participate in the annual UASI TEPW and complete requested documentation for the workshops. xvi. Make its personnel and equipment or other tangible goods procured with funds from UASI grants reasonably available for training and exercise, and response to Incident based on requests from any UASI entity, the State, or U.S. DHS. xvii. Make its personnel, trained through UASI funded Train-the-Trainer courses, reasonably available to the region to provide additional trainings as requested. xviii. Test and train appropriate responsible persons, and participate in regional trainings and exercises, on use of equipment and other tangible goods in simulated exercises, including those done independently and through the Urban Area. c. Funding activities: i. Provide a cash match as agreed to in the Agency’s submitted grant application(s). The Agency shall pay this amount directly to Denver, prior to Denver beginning procurement. The Agency will pay the match invoice within thirty (30) days of receipt of the invoice from Denver. Failure to pay within thirty (30) days of receiving the match invoice under this Agreement shall constitute a material breach of this Agreement. 5.APPROPRIATIONS. Denver’s obligations under this Agreement or any renewal extend only to monies appropriated for the purpose of this Agreement by the Denver City Council, paid into Denver Treasury, and encumbered for the purposes of this Agreement. By execution of this 6 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 Agreement, neither party irrevocably pledges present cash reserves for payments in future fiscal years and this Agreement does not, and is not intended to, create a multiple-fiscal year direct or indirect debt or financial obligation of either party. Denver’s obligations under this Agreement are further limited to the funds made available pursuant to the UASI Grant and budget approved by the Urban Area Working Group for fulfilling the purposes of this Agreement. 6.TAXES, CHARGES, AND PENALTIES. Denver shall not pay or be liable for any claimed interest, late charges, fees, taxes, or penalties of any nature, except as required by Denver’s Revised Municipal Code. 7.EXECUTIVE AND LIAISON. Denver’s point of contact for the UASI grants is the Executive Director of the Mayor’s Office of Emergency Management and Homeland Security (“Director”) or Director’s Designee, who will serve as Chair of the Urban Area Working Group. During the term of this Agreement, eligible entities shall fully coordinate all activities and obligations related to or arising out of this Agreement with Denver, including the Director, or as otherwise directed by Denver. 8.TERM AND TERMINATION. The term of the Agreement is from date of full execution and terminates on December 31, 2025. Denver may terminate this Agreement, or any part thereof, for the reasons and in the manner provided in any UASI Grant funding this Agreement. 9.DISCLAIMER OF WARRANTIES. The goods provided by Denver under this agreement are provided without warranties of any kind from Denver, either express or implied, including, without limitation, warranties of title, noninfringement, merchantability, or fitness for a particular purpose. No advice or information given by Denver, its affiliates, or its contractors, or their respective employees will create any warranty from Denver. Denver is not responsible for any defects or damages resulting from mishandling, abuse, misuse, accident, electrical power surges or current fluctuations, force majeure event, improper storage or operation, including use in conjunction with equipment electrically or mechanically incompatible with or of inferior quality to the supplied goods or failure to maintain the environmental conditions specified by the manufacturer or licensor. Any warranties associates with the goods are solely those provided by the manufacturer or seller of the goods directly to agency. 10.WHEN RIGHTS AND REMEDIES NOT WAIVED. In no event will performance by a party constitute or be construed to be a waiver by that party of any breach of term, covenant, or condition or any default that may then exist on the part of the other party, and the tender of any such performance when any breach or default exists (or is claimed to exist) impairs or prejudices any right or remedy available to the other party with respect to the breach or default. No assent, expressed or implied, to any breach of any one or more terms, covenants, or conditions of this Agreement is or may be construed to be a waiver of any succeeding or other breach. 11.CONFLICT OF INTEREST. No employee of either party has or may have any personal or beneficial interest whatsoever in the services or property described herein. The Agency shall not knowingly hire or contract for services with any employee or officer of Denver that would result in any violation of the Denver Revised Municipal Code, Chapter 2, Article IV, Code of 7 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 Ethics, or Denver City Charter provisions 1.2.8, 1.2.9, 1.2.12. 12.STATUS OF PARTIES. Neither party is an employee of the other; no officer, employee, agent or contractor of one party is an officer, employee, agent, or contractor of the other party for any purpose, including unemployment compensation and workers’ compensation. 13.EXAMINATION OF RECORDS AND AUDITS. a. The Agency shall retain for at least three (3) years from the date of submission of the final expenditure report or until equipment has depreciated in value below $5000.00, whichever is longer, all records related to this Agreement, including documentation and records for equipment, other tangible goods, funding, or services provided for under this Agreement and expenses incurred arising out of this Agreement. Any duly authorized representative of the federal government, state government or Denver, including Denver’s Auditor or his representative have upon reasonable notice access to and the right to examine any directly pertinent books, documents, papers and records of entities related to this Agreement, until the expiration of three (3) years after the end of the State of Colorado fiscal year that includes the end of the UASI grant agreement(s). In the event any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the three-year period, the Agency shall retain the records until completion of the action and resolution of all issues that arise from it, or until the end of the three-year period, whichever is later. 14.ASSIGNMENT AND SUBCONTRACTING. Agency covenants and agrees that it will not assign or transfer its rights hereunder without first obtaining the written consent of the Executive Director of the Office of Emergency Management. Any attempts by Agency to assign or transfer its rights hereunder without such prior written consent of the Executive Director shall, at the option of said Executive Director, automatically terminate this Agreement and all rights of Agency hereunder. Such consent may be granted or denied at the sole and absolute discretion of said Executive Director. A change in control of Agency shall not constitute and assignment hereunder. 15.NO THIRD-PARTY BENEFICIARY. The enforcement of this Agreement, and all rights of action relating to enforcement, are strictly reserved to the Parties. Nothing in this Agreement gives or allows any claim or right of action by any person or other entity on this Agreement, including subcontractors and suppliers. Any person who or other entity other than the Parties that receives services or benefits under this Agreement is an incidental beneficiary only. 16.GOVERNING LAW; VENUE. Each term, provision, and condition of this Agreement is subject to the provisions of Colorado law, the Charter of the City and County of Denver, and the ordinances, and regulations enacted pursuant thereto. Unless otherwise specified, any general or specific reference to statutes, laws, regulations, charter or code provisions, ordinances, executive orders (including memoranda thereto), or contracts, means statutes, laws, regulations, charter or code provisions, ordinances, and executive orders (including memoranda thereto) and contract as amended or supplemented from time to time and any corresponding provisions of successor statues, laws, regulations, charter or code provisions, ordinances, or executive orders 8 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 (including memoranda thereto) and contracts. Venue for any legal action relating to or arising out of this Agreement will be in the District Court of the Second Judicial District of the State of Colorado. 17.SEVERABILITY. Except for the provisions of this Agreement requiring appropriation of funds, if a court of competent jurisdiction finds any provision of this Agreement or any portion thereof to be invalid, illegal, or unenforceable, the validity of the remaining portions or provisions will not be affected, if the intent of the Parties can be fulfilled. 18.PARAGRAPH HEADINGS. The captions and headings set forth in this Agreement are for convenience of reference only and do neither define nor limit its terms and may not be construed to do so. 19.SURVIVAL OF CERTAIN PROVISIONS. The terms of this Agreement and any exhibits and attachments that by reasonable implication contemplate continued performance, rights, or compliance beyond expiration or termination of this Agreement survive this Agreement and will continue to be enforceable. 20.NOTICES. Notices concerning termination of this Agreement, alleged or actual, violation(s) of the terms or conditions of this Agreement, and notices of similar importance, as well as bills, invoices, or reports required under this Agreement, must be mailed by United States mail, postage prepaid, if to the Agency at its address written above, and if to Denver at the addresses listed below. Notices must be delivered by prepaid U.S. mail and become effective three (3) days after deposit with the U.S. Postal Service. The Parties may from time to time designate substitute addresses or persons where and to whom such notices are to be mailed or delivered, but these substitutions are not effective until actual receipt of written notification. To the City and County of Denver: Mayor's Office of Emergency Management 101 W. Colfax Avenue, 7th Floor Denver, Colorado 80202 Attn: UASI Program Manager With copies of termination and violation notices to: Office of the Mayor 1437 Bannock Street, Room 350 Denver, Colorado 80202 Denver City Attorney’s Office 1437 Bannock Street, Room 353 Denver, Colorado 80202 21.COLORADO GOVERNMENTAL IMMUNITY ACT. Neither party shall have any liability or responsibility to anyone for any act or omission of the other. Each party will be liable for the 9 City of Wheat Ridge Intergovernmental Agreement (UASI) MOOEM-202473056-00 actions and omissions of its respective officers, agents, employees and subcontractors, to the extent provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101, et seq. Nothing in this Section or any other provision of this Agreement or any Exhibit shall be construed as a waiver of the notice requirements, defenses, immunities and limitations the City or Agency may have under the Colorado Governmental Immunity Act or to any other defenses, immunities, or limitations of liability available to the City or Contractor by law. 22.DISPUTES. All disputes of any nature between Denver and the Agency regarding this Agreement will be resolved by the administrative hearings pursuant to Denver Revised Municipal Code 56-106(b)-(f). For purposes of that procedure, the Executive Director of the Office of Emergency Management is the Denver official to render a final determination. 23.ORDER OF PRECEDENCE. In the event of any conflict between the terms contained in the numbered sections, including subparts to them, of this Agreement and those of any exhibit such that the full effect cannot be given to both or all provisions, then the terms contained in the numbered sections, including subparts to them, of this Agreement control. 24.AGREEMENT AS COMPLETE INTEGRATION-AMENDMENTS. This Agreement is the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion or other amendment has any force or effect, unless embodied herein in writing. Amendments to this Agreement will become effective when approved by both Parties and executed in the same manner as this Agreement. 25.LEGAL AUTHORITY. The Parties represent and assure that each possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action necessary, to enter into this Agreement. The persons or person signing and executing this Agreement on behalf of a party, represent(s) that he or she is fully authorized to execute this Agreement on behalf of their jurisdiction and to validly and legally bind their jurisdiction to all the terms, performances, and provisions herein set forth. If there is a dispute as to the legal authority of either the Agency or the person signing this Agreement to enter into this Agreement, at its option, Denver may temporarily suspend or permanently terminate this Agreement or both. Denver will not be obligated to perform any of the provisions of this Agreement after it has suspended or terminated this Agreement as provided in this Agreement. 26.ELECTRONIC SIGNATURES AND ELECTRONIC RECORDS. The Parties consent to the use of electronic signatures by Denver and the Agency. The Agreement, and any other documents requiring a signature hereunder, may be signed electronically by Denver in the manner specified by Denver, and by the Agency. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original. [REMAINDER OF THE AGREEMENT IS INTENTIONALLY LEFT BLANK.] Contract Control Number: MOOEM-202473056-00 Contractor Name: CITY OF WHEAT RIDGE IN WITNESS WHEREOF, the parties have set their hands and affixed their seals at Denver, Colorado as of: SEAL CITY AND COUNTY OF DENVER: ATTEST: By: APPROVED AS TO FORM: REGISTERED AND COUNTERSIGNED: Attorney for the City and County of Denver By: By: By: Contract Control Number: MOOEM-202473056-00 Contractor Name: CITY OF WHEAT RIDGE By: _______________________________________ Name: _____________________________________ (please print) Title: _____________________________________ (please print) ATTEST: [if required] By: _______________________________________ Name: _____________________________________ (please print) Title: _____________________________________ (please print) FY 2023 NCR – UASI Grant Project Application 1 1. FY 2023 Grant Administrative Details This document is the grant project application for FY 2023 NCR – Denver UASI Homeland Security Grant Program (HSGP) grant projects. The submission deadline for project applications is 5pm on 16 February, 2023. Any updates or changes to grant guidance, policies, and deadlines will be announced by the North Central Region and Denver UASI Regional staff. Submit grant project applications (this application document and the Budget Worksheet document) via email to kblack@arapahoegov.com. Please direct any questions on the application document or process to Katie Black at 303-768-8734. Project Name: West Metro SWAT Mobile Command Post Agency: Wheat Ridge Police, Lakewood Police, West Metro combined SWAT team Applicant Contact Information: Name: Jonathan Pickett Phone number: 303-406-8016 Email: jpickett@ci.wheatridge.co.us 2. Application Pre-Requisite Information The following items are requirements that your agency agrees to prior to submitting a project applications. Please check each of the boxes next to each requirement indicating your agency’s approval and acknowledgement to complete/implement. ☒ Agree to sign the Denver UASI IGA if project is funded with UASI grant funding. ☒ Agree to follow/utilize the NCR Fiscal Agent SOP if project funded through the NCR. ☒ Agree to complete/pass a financial risk assessment by Arapahoe County and/or The City and County of Denver (grant program Fiscal Agents). ☒ Agree to add any acquired capital assets to Jurisdiction/Agency capital asset depreciation system/schedule. ☒ Agree to support NCR and/or Denver UASI equipment monitoring processes (federal requirement). ☒ Agree to develop and implement an MOU for equipment sharing of Regional assets (if needed). FY 2023 NCR – UASI Grant Project Application 2 3. Project Background a. Provide a summary of the project including project objectives, outcomes and funding requirements. Be sure to answer the question ‘What are we trying to accomplish with this request?’ Summary: Purchase a Mobile Command post that would be a shared asset between the Wheat Ridge and Lakewood police departments. The primary use of the Command post would be for SWAT operations. Wheat Ridge and Lakewood have a combined SWAT team (West Metro SWAT Team.) The Mobile Command Post would also be a regional asset used to respond to intentional and unintentional emergencies in the Denver UASI Region. The Mobile Command Post would be stored at the Wheat Ridge Police Department and easily accessible to all Denver UASI partners. Objectives: Have a Command post capable of housing the command and operations personnel needed to address SWAT operations, including response to terrorist acts. Have a Command post that can be used for joint investigations and operations, including, but not limited to, Officer Involved Shootings, special event security, major officer-Involved crash investigations, missing and endangered child investigations, and civil disturbances. Have a command post that can be used during any emergency management event. Outcomes: Provide Wheat Ridge and Lakewood with a Mobile Command Post that is large enough and equipped with the technological abilities to manage major events and emergencies. Funding requirements: $504,588.00 minus a 20.1% funding match from the City of Wheat Ridge to purchase a 32' Command Post with a 22' walk-in van with a flat floor slide-out extension on a Freightliner MT-55G or a Ford F59 or similar chassis, designed and equipped to be a Mobile Command Center. b. Provide a summary description of the current state of this project. We have conducted a study to determine our Mobile Command Post needs. We have received a quote for a vehicle that matches our needs and will sustain us for the next 15-20 years (32' van with a 22' walk- FY 2023 NCR – UASI Grant Project Application 3 in van with a flat floor slide-out extension on a Freightliner MT-55G or a Ford F59 or similar chassis, designed and equipped to be a Mobile Command Center. We are currently seeking funding for the project. c. Has this project received previous HSGP grant funding (UASI or NCR)? If so, please identify how much, what year and what grant supported the earlier project work. This project has NOT received previous HSGP grant funding. d. Please categorize the requested project in the following areas: Yes No ☒ ☐ Is the proposal a LE/Terrorism Prevention Activity (LETPA) project? LETPA projects are defined in FEMA IB 412 (LETPA). ☒ ☐ Is the proposed project Shareable? Can the project’s capability be shared with Regional or National partners? ☒ ☐ Is the proposed project deployable? Can the project’s capability be deployed outside of the owning community to support Regional/National efforts? ☐ ☒ Will the proposed project require an Environmental Historical Preservation? EHP Review? ☐ ☒ Is the proposed project scalable? Scalable projects can be implemented over multiple grant funding years if needed. 4. Criticality and Infrastructure Linkage a. Describe how the project will directly mitigate or address terrorism risks or gap areas within the Region. The West Metro SWAT team is tasked with terrorism response operations in our jurisdiction. The West Metro SWAT team also works with the other teams in the North Central All-Hazards Region and with Denver Area UASI to be prepared to respond to any terrorist acts in the metropolitan region. FY 2023 NCR – UASI Grant Project Application 4 The largest gap in our ability to respond to terrorist activity is the deficiency in our mobile command post. The SWAT team consists of 2 Commanders, 5 Team Sergeants, 5 Team Leaders, 18 operators, 3 negotiator Sergeants, and 15 negotiators. The SWAT team works with Jeffcom Communications for tactical dispatchers and the Jefferson County Bomb Squad for EOD needs. When deployed, the West Metro SWAT team utilizes the Incident Command System. With such a large team that works within a unified command structure with other Law Enforcement jurisdictions as well as fire and EMS, our need for solid command and control is necessary. Our current mobile command post is too small and outdated (20 years) to accommodate those needs. b. Identify which of the Regional Risk Assessment Planning Scenarios or THIRA Planning Scenarios that the proposed project will address. CCTA Scenario c. Apply proposed project outcomes to the selected UASI THIRA planning scenario or Regional Risk Assessment Planning Scenario. Identify the issues, hazards or threats that the proposed project will address. Denver UASI THIRA Planning Scenarios. Threat/Hazard: Complex Coordinated Terror Attack. This scenario consists of a coordinated terror attack in the Denver UASI area, including the City of Lakewood. The scenario calls for area law enforcement to "conduct response operations and law enforcement investigations, coordinate mass casualty management, initiate mass fatality management." The West Metro SWAT team would play an integral role in this. The current gap that the Wheat Ridge/Lakewood team has is the ability to set up mobile command and control during the response. 5. National Priority Area Alignment a. Identify which National Priority Area your proposed project is aligned with. Combating Domestic Violent Extremism FY 2023 NCR – UASI Grant Project Application 5 b. Describe how the proposed project’s outcomes mitigate or address gap areas within the selected National Priority Area. The West Metro SWAT team is tasked with terrorism response operations within the cities of Wheat Ridge and Lakewood. The West Metro SWAT team provides services to approximately 190,000 people within the two jurisdictions and covers about 53 square miles. Several potential terrorist targets within our jurisdiction include the Federal Center, two level 1 trauma hospitals (Saint Anthony’s and Lutheran Medical Center), 47 schools, and 8 higher learning centers. West Metro SWAT is one of two multi- jurisdictional teams within Jefferson County. West Metro and the Jefferson County Regional SWAT team provide backup to one another. 6. Core Capability Impact a. Identify the core capability that your proposed project is aligned with (select the primary core capability from the drop down list below). On-Scene Security, Protection, and Law Enforcement b. Describe how your proposed project impacts gap areas identified within the Regional Capability Assessment Workbook or the UASI SPR. Include how your project’s outcomes will close capability gaps or provide improvements for the Region. This project aligns with many of the measures present in the NCR Capability Assessment Worksheet, in particular row k. Annually review and update gaps for regional skills building: A gap exists with our ability to effectively manage major events due to the lack of a Mobile Command Post that can accommodate the needs of a modern day urban SWAT team and Emergency Management team. Our current command post is a 2002 GMC Savana box truck that has been retrofitted into a command post. With a modern mobile command post the cities of Wheat Ridge and Lakewood would be able to initiate ICS and Unified command much more efficiently. c. Specifically identify and describe the capability performance measures (column A in the workbook) and/or capability POETE element (s) that your proposed project is FY 2023 NCR – UASI Grant Project Application 6 designed to address. In particular, include in your description how the capability measure and/or POETE element are improved through project outcomes. POETE element: Equipment: This project will provide needed equipment to respond to and gain command and control on major scenes. Presently, our mobile command post is undersized and underequipped for current-day operations. d. Describe the project’s implementation viability and support mechanisms through our standing Regional Committee subject matter expert structure. We have discussed this project with the NCR/UASI Public Safety & Security Subcommittee. The Subcommittee supports this project and rates it high as a regional need. e. Identify the expected Regional capability score improvement upon project completion (scale of 1-10). Current scores are listed for each core capability in the Regional Capability Assessment Workbook. Current Capability Score Projected Capability Score Current score 7.45 Projected score 8.0 f. Describe how your agency intends to sustain/maintain the capability developed by the proposed project following project completion. The City of Wheat Ridge has committed to preparing for the replacement of this asset within 15-20 years. The City maintains a budget for replacing high-dollar assets and would start funding the replacement of the new command van in the next budget year after receiving the Command Post. We would also partner with Lakewood for funding. Options also exist through our participation with the West Metro Drug Task Force to get assistance with future funding through seizure assets. 7. Multi-Jurisdictional Collaboration FY 2023 NCR – UASI Grant Project Application 7 a. Describe how this project supports multiple jurisdictions and/or levels of government. Identify partner jurisdictions/agencies for the proposed project. The West Metro SWAT team is a combined team consisting of the Wheat Ridge Police Department and the Lakewood Police Department. West Metro is one of two multi-jurisdictional teams within Jefferson County. The two teams assist and back one another up as needed. The West Metro SWAT team is part of the South Area SWAT Commander group and participates in the North Central All-Hazards Region and with Denver Area UASI to be prepared to respond to any tactical emergency in the greater Denver area. Lakewood and Wheat Ridge also use the command post as a mobile emergency management command post. The Command post is also available to the other multi-jurisdiction response teams that we participate in, such as; the Jefferson County Critical Response Team (officer-involved shoot team), JCRASH (Jefferson county team that responds to major crashes that officers are involved in), and the Jefferson County Child Abduction Team (JCART). b. Identify partner jurisdiction/agency that are actively collaborating development and submission of this project? Please include contact information (name, phone, email). Lakewood Police Department. Commander Creighton Bates. 303.987.7166. crebat@lakewoodco.org 8. Budget Management/Matching Funds a. Financial Requirements. Please complete the supporting excel budget spreadsheet entitled “FY 2023 NCR - UASI Project Application Budget Worksheet” to clearly identify the proposed project’s financial requirements. The FEMA Authorized Equipment List (AEL) website is: https://www.fema.gov/grants/guidance-tools/authorized-equipment-list b. Matching Funds Sources. Please identify any sources of matching funds (hard match only) that will support the goals of this project. *If you do not have matching funds for this project, please leave this section blank. Agency: City of Wheat Ridge Amount: Total: $504,588 Wheat RIdge match: $101,422.19 FY 2023 NCR – UASI Grant Project Application 8 Matching Funds Percent: 20.1 % ITEM NO: 7 DATE: April 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 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 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. PRIOR ACTION: There has been no prior action with this item. Council Action Form – County Landmark Designation Program Application and Owner Consent April 22, 2024 Page 2 FINANCIAL IMPACT: There is no direct financial impact. Some of the included buildings are already on the National and State Historic Registers. It is possible that adding the County designation could make the buildings more competitive for state and county funding for restoration and maintenance. BACKGROUND: 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. 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. The Sod House 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. The Wheat Ridge Historical Society supports this application to the County Landmark Designation Program and worked with the Jefferson County Historical Commission and city staff on preparing this information. RECOMMENDATIONS: Parks and Recreation Department staff recommend passing this resolution to support the application and to direct the Mayor to sign the owner consent form. RECOMMENDED MOTION: “I move to approve Resolution No. 23-2024, a resolution supporting an application to the Jefferson County Historical Landmark Designation Program for the Wheat Ridge Historical Park and Baugh House and authorizing the Mayor to sign the related owner consent form.” Or, “I move to postpone indefinitely Resolution No. 23-2024, a resolution supporting an application to the Jefferson County Historical Landmark Designation Program for the Wheat Ridge Historical Park and Baugh House and authorizing the Mayor to sign the related owner consent form 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 Council Action Form – County Landmark Designation Program Application and Owner Consent April 22, 2024 Page 3 ATTACHMENTS: 1. Resolution No. 23-2024 2. Jefferson County Historic Landmark Program Overview 3. Wheat Ridge Historical Park Jefferson County Historic Landmark Designation Owner Consent Form CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 23 Series of 2024 TITLE: 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 WHEREAS, the Wheat Ridge Historical Society and City of Wheat Ridge were approached by the Jefferson County Historical Commission about applying to the County Landmark Designation Program for the buildings included in the Wheat Ridge Historical Park and the Baugh House; and WHEREAS, the Wheat Ridge Historical Society supports this Jefferson County designation; and WHEREAS, the City wishes to preserve buildings with significant historical relevance for public benefit. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The City Council hereby authorizes staff to submit the Jefferson County Historic Landmark Designation application for the Wheat Ridge Historical Park and the Baugh House to the Jefferson County Historical Commission. Section 2. The City Council hereby authorizes the Mayor to sign the Owner Consent Form. Section 3. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 22nd day of April 2024. Bud Starker, Mayor ATTEST: ______ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 Boards and Commissions Boards and Commissions Boards and Commissions Boards and Commissions Historical Commission Historical Commission Historical Commission Historical Commission updated 05-09-2022 Eligibility Criteria (must meet at least two): •The structure or building possesses special historic, architectural, cultural, political, social or archaeological significance as part of the heritage of Jefferson County; •It represents distinctive characteristics of a type, peri- od, type of construction, or use of materials; •It represents the work of a craftsman, master design- er, architect or builder who is locally, regionally or na- tionally recognized; •It is associated with or is the location of a significant local, state or national event; •It is associated with the lives of a person or persons who have made significant historical contributions on a local, state or national level; •It has yielded or may yield important archaeological, environmental or geographical information that en- riches our understanding of history in Jefferson County; •It is significant as the only or one of a few remain- ing example(s) of an architectural style or use, or it represents historical or cultural life style of the past; (Examples: a stage coach stop and/or buildings, or a one- room rural schoolhouse) •It has a unique location, natural setting or physical characteristics that establish it as a familiar or recog- nizable visual feature to the area; •It is associated with an antiquated use resulting from technological or social change; (Examples: mining, bridges, wagon or stage coach roads, railway beds, hitch- ing posts, etc.) •It is a monument, birthplace, cemetery or grave of a historic person or people representing a particular time or event in our history or culture; and •It has already been designated on the National Reg- ister of Historic Places or the State Register of His- toric Properties. Do you know of a significant historic site in Jefferson County that should be recognized as a landmark? The Jefferson County Historical Commission is accepting nominations for the Jefferson County Landmark Designation Program. This is a voluntary program that encourages County residents to nominate, with the property owner’s consent, a significant historic site, structure and/or district for Jefferson County Landmark status. Historic properties desig- nated as a Jefferson County Landmarks are recognized with a Certificate of Designation at the County’s annual Hall of Fame Awards Program which usually occurs in the fall. The nominated Landmark property owner is also eligible to participate in the Landmark Plaque Program. Jefferson County Historic Landmark Program Program Overview Program guidelines and nomination forms are available online at www.jeffco.us/3450 The Conley Coffee Shop in Conifer, built in 1927, was Land-marked in 2004. ATTACHMENT 2 Boards and Commissions Boards and Commissions Boards and Commissions Boards and Commissions Historical Commission Historical Commission Historical Commission Historical Commission updated 05-12-2022 Jefferson County Historic Landmark Program Historic Landmark Designation Owner Consent Property Name: I,, certify that I am the sole owner / partial owner of the land and property located at: Address of Property City Zip I hereby give my written consent and approval for this property’s nomination as a Jefferson County Historic Landmark and to the release and disclosure of the information contained in the Nomination Form to the public. Signature Subscribed and sworn to before me this day of , 20 , a Notary Public in and for the county and state of . Notary Public (SEAL) Owner Consent Form (must be notarized) Each partial owner must sign a separate form. All signatures must be notarized. ATTACHMENT 3