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HomeMy WebLinkAbout06-10-2024 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO June 10, 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 June 10, 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 June 10, 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, May 5, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – LGBTQI+ Pride Month 2. Proclamation – Wheat Ridge Safety Month 3. Proclamation - Juneteenth 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. 27-2024 – a resolution approving a first amendment to an Intergovernmental Agreement establishing the Jefferson County Regional Crime Laboratory b. Resolution No. 28-2024 – a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $23,046 for the purpose of accepting grant funds from the Colorado Department of Early Childhood c. Motion to award the Recreation Center carpet replacement project to Tarkett USA, Inc., and approve subsequent payments in the amount of $99,561 with a contingency amount of $9,959 for a total not-to-exceed amount of $109,520 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 08-2024 – an ordinance approving the rezoning of property located at 10840 W. 41st Place from Agricultural-One (A-1) to Residential-One B (R-1B) 3. Council Bill No. 09-2024 – an ordinance approving the rezoning of property located at Parcel ID 39-193-01-010 from Agricultural-One (A-1) to Industrial-Employment (I-E) ORDINANCES ON FIRST READING 4. Council Bill No. 10-2024 – an ordinance appointing Jonathan Lucero as presiding Municipal Court Judge and approving a Municipal Judge service agreement DECISIONS, RESOLUTIONS, AND MOTIONS 5. Resolution No. 29-2024 – a resolution approving the adoption of a land acknowledgement statement for the City of Wheat Ridge CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting May 6, 2024 1. Call to Order Mayor Starker called the Study Session to order at 6:30 p.m. 2. Attendance Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Dan Larson, Janeece Hoppe, and Rachel Hultin Absent: Leah Dozeman Also present: City Manager Patrick Goff; Director of Community Development Lauren Mikulak; Parks and Recreation Director Karen O’Donnell; Sr. Deputy City Clerk Margy Greer, Assistant City Manager Marianne Schilling; Management Analyst Cole Haselip, Recreation Manager Susan Anderson, other staff and interested residents. 3. Public’s Right to Speak Stew Stewart (via Zoom) – Resident – stated he was listening in for the first time and simply wanted to listen to the proceedings regarding the trash hauling in Wheat Ridge. There were no public comments from Wheat Ridge Speaks. 4. UC Denver GIS presentation Issue Councilmember Weaver has taught a project-based course in the spring for graduate students from CU Denver to tackle current geographical issues with geospatial tools such as GIS. Over the past few years, the course has partnered with City staff to create and address city-specific projects as part of the curriculum. The students will be presenting the outcomes of this semester’s projects to City Council. Staff Reports CM Weaver introduced the graduating students and stated that, with the help of Marianne Schilling and Lauren Mikulak, students looked at three areas regarding the decision-making process of the 2J Funding and connectivity. The three areas were: condition of infrastructure, demographical impacts around certain infrastructure, and how the City can look at trees in concert with infrastructure in Wheat Ridge. Students Meghan Thompson, Vaz Ganushchak, Pat Hall, Erika Jermé, Hannah Larsen, Haorui Guo each spoke to this Capstone Project stating their hopes of having it serve as a decision-making tool regarding infrastructure. Showing a PowerPoint presentation, students explained their Analysis Goals as a high-level assessment of infrastructure conditions related to pedestrian and cyclist access; helped identify problem areas for further study; focus areas were sidewalks, bike lane and pedestrian crossings. They stated that this was not an engineering study but provides information which supplements and complements the information already on hand. Students stated they used a 2020 DRCOG imagery study and drove the areas to ensure the imagery was still the same today. They showed examples of examples of infrastructure types highlighting bad sidewalks; good sidewalks; bad bicycle lanes; and good bicycle lanes. The students showed a map depicting the present sidewalks and quality of same. They also showed the condition of sidewalks along routes to school. They then showed the current bike lanes and the quality of same. The students’ PowerPoint and presentation included the following topics: 2J Major Accomplishments; Sidewalk Gaps and improvements; Tree Canopy; funding to continue to expand its tree canopy; They also shared their items from those project summaries which focused on demographic data; accessibility; and heat islands. In summary, they stated their goals were to provide baseline information for decision- making related to the 2J sales tax; show the existing condition of pedestrian and bike infrastructure; show demographic factors that may impact Infrastructure decision making; and show the current tree canopy in public space. City Council Comments CM Hoppe stated she appreciated the map and data. She asked if the data distinguished between one side of the street needing repair and the other side of the street being in good condition. Students stated that each side of the street was graded independently. CM Hultin thanked the students for their hard work. She stated that she was struck by how closely the information the students presented aligned with the data Council was previously looking at regarding prioritizing the work. She stated having the additional data to review including the demographics and tree canopy would be very helpful. CM Stites thanked students for their presentation. He asked if students had seen the previously work done by staff or if their analysis was completely independent. Students replied that it was completely independent. CM Larson commended the students as the evidence of their hard work was in the presentation. He asked about the data sources being the 2020 Census and how the raw data was used. Students stated that the data is only there to show and understand the patterns, not individual demographics of each area. Students agreed with his analysis of the demographics showing overall density, not individual townhomes. CM Larson then asked if there had been a tree count. Students stated there was not a tree count done. The tree survey was done on a larger scale to show how tree canopies can reduce the effect of damaged sidewalks. CM Weaver stated that the trees that need to be replaced are not replaced by age but rather by diameter and species. Hot spot mapping shows an overall map of trees in different areas of Wheat Ridge. CM Ohm thanked CM Weaver and the students for their presentation. He stated it is important information and Council can look at it as ways to improve the community. He asked if there was a tree per acre analysis done. Students explained they did not because one small acre does not show the overall bigger pictures of the tree population. CM Snell thanked the students for their presentation. Mayor Starker thanked the students for a great presentation and stated that it helped put things in context and he now has an overall feel for the value of the work. 5. Residential Waste Engagement Project Update Issue The purpose of this study session is to provide City Council with an update on the Residential Waste Engagement project, including public engagement results to-date and to discuss next steps for the second, final round of public engagement to ensure alignment with Council priorities. Staff Reports Presentation on the issue was provided by Sustainability Coordinator, Mary Hester and included the background of the issue where at the April 4, 2022, Study Session, staff returned to provide information on this topic, including potential waste management strategies such as enhanced licensing requirements, city-contracted hauling, a preferred hauler system, and municipal hauling. Mary Hester introduced representatives from the contractor, Representatives from HDR Engineering, Inc. presented a PowerPoint show which included: the project input; project overview and outcomes; stakeholder listening sessions; public engagement results to date; public survey; and additional discussion with next steps. They spoke to the previous project in 2020 as part of the “Let’s Talk” engagement program. Community surveys were conducted which showed an outcome of the need for additional community engagement. Several issues were brought forward from the community including the number of haulers on the streets, noise pollution, greenhouse gas emissions; wear and tear on the roads; and unsafe traffic in neighborhoods. Through the community engagement process, Interest was expressed in wanting a unified and more organized trash collection service and that the City should investigate a single source provider or having a city-regulated waste management system like other surrounding cities. The project’s outcome is to empower City Council to feel confident to provide further direction on waste management decisions and approaches. The presenter stated that the importance of looking at the solutions from an unbiased viewpoint. Next steps are to continue robust public engagements and develop a set of recommendations to City Council. Through the Stakeholder Listening Sessions, the key take-aways were that participation was well above average for most City surveys. Results showed a close split of opinions of how well the current system works. Engagement results showed that some residents don’t like the cost, lack of large item pick-ups, lack of composting options, customer service and more. It also showed that residents want, regardless of the type of system: low cost, reliability, recycling options, good customer service, ability for large item haul. Choice and cost were the top two factors. The representative finished by summarizing that the goal of the report is to give City Council an informed overview of the public sentiment towards the current and alternative residential waste management systems. To date, the public feedback on the waste management systems has been mixed, with support and opposition expressed for each of the waste management methods and fee structures presented. Currently, there does not appear to be a clear consensus from residents on any one method. Therefore, continued community engagement with more specific questions is needed. City Council Comments CM engaged in a discussion and exchange of questions and proposals with the staff and among themselves, addressing the issue. CM Hultin stated she would support one more round of surveys if it would help her better understand the issues and offer options. CM Larson stated the entire study was looking at residential waste, not commercial or small businesses. He stated there was a previous vote of the people and the City should consider that vote along with other comments. Voters did not want to change the current system. He stated the City may be wasting time and money on doing another survey. He asked how the survey would dig deeper into the issue. CM Hoppe stated that she believes it should go to a vote of the people and they should be made aware of exactly what specifics they are voting on. The survey language should be specific as to what changes the residents want to see. It will help craft policy. CM Stites stated the survey needs to show what changes the residents are excited about. Minor changes can be voted on by the Council, but major changes should go to a vote of the people. CM Ohm stated the former ballot question was overly simplistic. Residents seem split right now ad we need know more information about the details regarding change. CM Hultin stated she doesn’t think this idea would go on the ballot any time soon. People feel strongly on both sides. If we do this right, we can keep improving the survey and get the detailed results we need to make decisions. It’s just not ready to visit right now. Mayor Starker stated that this is a divisive issue for the community. We need to be able to create more options and find a middle ground. The presenter stated that next steps are to complete Phase 3 of the Public Engagement process, wrap up the project and they will provide a final report to Council in the Fall. 6. 2023 Boards and Commissions Annual Report 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 liaisons and commission members from the Election Commission, Parks and Recreation Commission, and Cultural Commission will present an update on each Commission at the May 6th study session. 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 three public bodies that would be presenting along with their appointed Liaisons. Those being: Election Commission – Liaison Margy Greer; Parks and Recreation Commission – Karen O’Donnell; and Cultural Commission – Liaison Susan Anderson. He stated that these groups are 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. Election Commission Sr. Deputy City Clerk Margy Greer stated that the Election Commission had not met in 2023 and therefore the report would be short. She stated the Commission was mandated by the Home Rule Charter, which also states that the City Clerk is the Chair of the Commission. The commission helps resolve disputes during an election and consists of the chair and two resident electors. Cultural Commission Recreation Manager Susan Anderson spoke to the internal work done by the Commission in 2023, creating a 3 Pillar structure for the Commission which is giving them an organized way to move forward. Vice Chair Celia Daly spoke to the new structure and shared her enthusiasm with the direction they were headed. Another member spoke to the programs and projects completed by the Commission. Parks and Recreation Commission Cambria Rollo, Chair of the Commission, spoke about their 2023 achievements, their purpose, 2024 upcoming events and projects and spoke to how rewarding it was to serve on the Commission. CM had comments and questions. CM Hultin spoke about the great work the Cultural Commission had done regarding reinventing themselves and being involved in the community in such a positive way. CM Hoppe thanked everyone who presented and thanked the 70+ volunteers who help the City through their volunteerism. 7. Staff Report(s) None. 8. Officials’ Report(s) Mayor and Council Members reported on their various activities including ribbon cutting ceremonies, their attendance at other agency meetings, and items of personal interest. 9. Adjournment Mayor Starker adjourned the meeting at 8:22 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor PROCLAMATION LGBTQI+ PRIDE MONTH JUNE 2024 WHEREAS, the City of Wheat Ridge cherishes the value and dignity of each person and appreciates the importance of equality and freedom; and WHEREAS, all are welcome in the City of Wheat Ridge to live, work, play, and every family deserves a place to call home where they feel safe, happy, and supported by friends and neighbors; and WHEREAS, the City denounces prejudice and unfair discrimination based on age, gender identity, gender expression, race, color, religion, marital status, national origin, sexual orientation, or physical attributes as an affront to our fundamental principles; and WHEREAS, during Lesbian, Gay, Bisexual, Transgender, Queer and Intersex (LGBTQI+) Pride Month, we reflect on the progress we have made as a nation in the fight for justice, inclusion, and equality while reaffirming our commitment to do more to support LGBTQI+ rights; and WHEREAS, today, the rights of LGBTQI+ Americans are under relentless attack and many of these individuals continue to face discrimination and cruel, persistent efforts to undermine their human rights; and WHEREAS, despite being marginalized, LGBTQI+ people continue to celebrate authenticity, acceptance, and love; and WHEREAS, we appreciate the cultural, civic, and economic contributions of the LGBTQI+ community which strengthen our social welfare. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of Wheat Ridge, declare the month of June 2024 as, LGBTQI+ PRIDE MONTH and we honor the resilience of the LGBTQI+ people who are fighting to live authentically and freely, we reaffirm our belief that LGBTQI+ rights are human rights and we recommit to delivering protections, safety and equality to LGBTQI+ families so that everyone can realize the full promise of America. IN WITNESS WHEREOF, on this 10th day of June 2024. ___________________________ Bud Starker, Mayor __ Margy Greer, Sr. Deputy City Clerk PROCLAMATION WHEAT RIDGE SAFETY MONTH JUNE 2024 WHEREAS, National Safety Month focuses on reducing the leading causes of injury and death at work, on the roads and in our homes and communities and drawing attention to safe practices that will decrease the likelihood of accidents; and WHEREAS, all community members deserve to live in communities that promote safe and healthy living environments; and WHEREAS, safe communities require the cooperation of all levels of government, business, and industry employees, as well as the public; and WHEREAS, through the support and observance of National Safety Month each year, employers are helping to reverse an increase in accidental injuries and deaths in the workplace; and WHEREAS, the City supports safety efforts and has taken a pro-active stance in providing a safe and healthy work environment for its employees by supporting the BESAFE safety committee; and WHEREAS, the City works to prevent accidental injuries by educating employees about safe and healthy practices in the workplace through training and encouragement; and WHEREAS, the beginning of the summer season, traditionally a time of increased accidents and injuries, is an appropriate time to focus attention on risk management and prevention. NOW THEREFORE, BE IT RESOLVED that the Mayor and City Council of Wheat Ridge formally designate the month of June 2024 as, WHEAT RIDGE SAFETY MONTH and urge all community members to establish and maintain safe practices in their homes, workplaces, and communities. IN WITNESS WHEREOF, on this 10th day of June 2024. ___________________________ Bud Starker, Mayor _ Margy Greer, Sr. Deputy City Clerk PROCLAMATION JUNETEENTH JUNE 19, 2024 WHEREAS, this nation was founded on the principle stated in the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” but in which people who were Black were held in slavery; and WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, which states that all persons held as slaves within a state or designated part of a state “shall be then, thenceforward, forever free,” changing the legal status of 3.5 million enslaved people who were Black from slave to free; and WHEREAS, the Emancipation Proclamation paved the way for the 13th Amendment to the Constitution of the United States, which formally abolished slavery in the United States of America; and WHEREAS, news of the Emancipation Proclamation did not reach the most distant slave states until federal troops arrived in Galveston, Texas on June 19, 1865, to take control of the state and ensure that all enslaved people be freed; and WHEREAS, the day of respect and remembrance called “Juneteenth,” a combination of the words “June” and “nineteenth”, is observed as an important day in our nation’s history; and WHEREAS, Juneteenth, also known as Freedom Day, Jubilee Day, and Cel-Liberation Day, is a federal holiday celebrated on June 19; and WHEREAS, Juneteenth commemorates African American freedom and serves as a reminder of the inequities faced by Black people throughout our nation’s history. NOW, THEREFORE, I, Mayor Bud Starker, call upon the City of Wheat Ridge, to join us in recognizing JUNETEENTH and call upon the people of Wheat Ridge to acknowledge and condemn the history of slavery in our Nation and recognize how the impact of America’s original sin remains and I call on every person to celebrate Juneteenth and recommit to working together to eradicate systemic racism and inequity in our society wherever they find it. IN WITNESS THEREOF on this 10th day of June 2024. ______________________________ Bud Starker, Mayor ____________________________ Margy Greer, Sr. Deputy City Clerk ITEM NO: 1a DATE: June 10, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 27-2024 – A RESOLUTION APPROVING THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE JEFFERSON COUNTY REGIONAL CRIME LABORATORY PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ ___________________________ Chief of Police City Manager ISSUE: On May 14, 2013, an Intergovernmental Agreement (IGA) was reached between the County of Jefferson, the City of Arvada, the City of Lakewood, and the City of Wheat Ridge establishing the Jefferson County Regional Crime Laboratory (JCRCL) in an effort to regionalize forensic crime laboratory services. An amendment to that IGA expresses the desire of the participating parties to create a separate fund for planning for future year capital expenses. PRIOR ACTION: A formal, written, intergovernmental agreement between the City of Wheat Ridge and the County of Jefferson, City of Arvada, and the City of Lakewood establishing JCRCL has been in effect for over ten (10) years. BACKGROUND: The Wheat Ridge Police Department has participated with JCRCL since it began operations in 2013. The operating costs of the forensic crime laboratory are divided among the participating agencies of the IGA. Wheat Ridge’s share of the operating costs is approximately 13% based on the size of the participating agencies. The 2024 cost for Wheat Ridge was budgeted at $105,000. CAF - Amendment to the Intergovernmental Agreement Establishing JCRCL June 10, 2024 Page 2 In is anticipated that some of the original equipment of JCRCL will be nearing its service life. This equipment can be quite costly, for example, a DNA extractor costs $200,000, a drug analysis unit is $130,000 and a hydrogen generator is $148,000. These pieces of equipment are scheduled to be replaced in 2025, 2026, and 2027, respectively. This amendment to the IGA allows for the authorization of an Equipment Fund. The parties would authorize the Jefferson County Sheriff’s Office, as fiscal agent for JCRCL to create a funding account to consolidate the parties’ contributions and allow for money to extend beyond the fiscal year in an account that can be held until spent. All purchases using the Equipment Fund shall require JCRCL board of directors’ (BOD) approval. The BOD may approve party contributions to the Equipment Fund for specific purchases and/or on an annual basis to support larger anticipated purchases. Annual contributions to the Equipment Fund may be approved along with the annual budget and may be invoiced together with the annual invoice for budgeted operating costs. Any money remaining from the JCRCL annually budgeted operating costs at the end of the fiscal year will be transferred into the Equipment Fund. Any grant funding opportunities may not be transferred into the Equipment Fund. City Attorney Gerald Dahl worked with other participating agencies’ City Attorneys to come to agreement with the proposed amendment. FINANCIAL IMPACT: The expected increase to the Wheat Ridge 2025 budget for participation in the JCRCL Equipment Fund is estimated to be $12,900 and would be added to the regular JCRCL services invoice and approved and funded through the city budget process. RECOMMENDATION: It is recommended that the City Council approve the amendment to the Intergovernmental Agreement between the City of Wheat Ridge, City of Arvada, City of Lakewood, and County of Jefferson for participation in the Equipment Fund for JCRCL. RECOMMENDED MOTION: “I move to approve Resolution No. 27-2024, a resolution approving an amendment to an Intergovernmental Agreement establishing the Jefferson County Regional Crime Laboratory.” Or, “I move to postpone indefinitely Resolution No. 27-2024, a resolution approving an amendment to an Intergovernmental Agreement establishing the Jefferson County Regional Crime Laboratory, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Jim Lorentz, Division Chief Chris Murtha, Chief of Police Patrick Goff, City Manager CAF - Amendment to the Intergovernmental Agreement Establishing JCRCL June 10, 2024 Page 3 ATTACHMENTS: 1. Resolution No. 27-2024 2. Amendment to an Intergovernmental Agreement establishing the Jefferson County Regional Crime Laboratory 3. Intergovernmental Agreement to establish the Jefferson County Regional Crime Laboratory, May 14, 2013. CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 Series of 2024 TITLE: A RESOLUTION APPROVING THE FIRST AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE JEFFERSON COUNTY REGIONAL CRIME LABORATORY WHEREAS, pursuant to Article XIV Section 18 of the Colorado Constitution and C.R.S. § 29-1-203, the City of Wheat Ridge (the City) is authorized to enter into cooperative agreements with other governmental entities to provide any function, service, or facility each is authorized to undertake; and WHEREAS, the City has entered into an intergovernmental agreement as of May 14, 2023, establishing the Jefferson County Regional Crime Laboratory; and WHEREAS, the Cooperating Agencies for this function are Jefferson County, Arvada, Golden, Lakewood, and Wheat Ridge; and WHEREAS, the City and the Cooperating Agencies have negotiated a First Amendment to this IGA to create a separate fund to provide for the operation and funding of a single call-taking and dispatch center to support those functions; and WHEREAS, the Council therefore desires to approve the First Amendment to the Intergovernmental Agreement in accordance with Section 14.2 of the City’s Home Rule Charter. NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. IGA Approved. The First Amendment to the Intergovernmental Agreement to establish the Jefferson County Regional Crime Laboratory, a copy of which is attached to this Resolution as Exhibit A and incorporated herein by reference, is hereby approved, and the Mayor and City Clerk are authorized and directed to execute the same. Section 2. Effective Date. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 10th day of June 2024. Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 2 Exhibit A FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE JEFFERSON COUNTY REGIONAL CRIME LABORATORY [attached] TM 13-00880 1 FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE JEFFERSON COUNTY REGIONAL CRIME LABORATORY This FIRST AMENDMENT TO INTERGOVERNMENTAL AGREEMENT TO ESTABLISH THE JEFFERSON COUNTY REGIONAL CRIME LABORATORY (this “Amendment”), dated for reference purposes only December 19, 2023, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”) and the CITY OF ARVADA, the CITY OF GOLDEN, the CITY OF LAKEWOOD, and the CITY OF WHEAT RIDGE. RECITALS A.The parties entered into an intergovernmental dated May 14, 2013, to establish the Jefferson County Regional Crime Laboratory (“Lab”) and to regionalize forensic crime laboratory services for Jefferson County law enforcement agencies (the “IGA”). B.The parties desire to create a separate fund for planning for future-year capital expenses. C.Capitalized terms not otherwise defined herein shall have the meaning set forth in the IGA. AGREEMENT In consideration of the covenants and conditions set forth herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1.An additional subsection 6.d. is hereby added to the IGA, consisting of the following provisions: i.Equipment Fund Authorized. The parties authorize the Jefferson County Sheriff’s Office, as fiscal agent for the Lab, to create a funding account (“Equipment Fund”) to consolidate the parties’ contributions and allow for money to extend beyond the fiscal year in an account that can be held until spent. ii.Use of Equipment Fund. Funds from the Equipment Fund are intended to be used to purchase laboratory instrumentation and equipment. All purchases using the Equipment Fund shall require Lab board of directors’ (“BOD”) approval. iii.Contributions. The BOD may approve party contributions to the Equipment Fund for specific purchases and/or on an annual basis to support larger anticipated purchases. Annual contributions to the Equipment Fund may be approved along with the budget provided in paragraph 4, and may be invoiced together with the annual invoice for budgeted operating costs. It is within the BOD’s discretion to determine what costs will be budgeted for use of the Equipment Fund. Party contributions for the Equipment Fund will be determined in accordance with the funding formula identified in 6.b.i.A. iv.Other Provisions. Any money remaining from the Lab’s annually budgeted operating costs, as provided in paragraph 4, at the end of a fiscal year will be transferred into the Equipment Fund. Grant funding may not be transferred into the Equipment Fund. ATTACHMENT 2 TM 13-00880 2 2. Except as amended herein, the IGA shall remain in full force and effect. Nothing in this Amendment is intended to modify the annual budget and contributions provided in the IGA. 3. This Amendment may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The parties approve the use of electronic signatures for execution of this Amendment. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §§24-71.3-101 to -121. The parties hereto have caused this Amendment to be executed. TM 13-00880 3 COUNTY OF JEFFERSON STATE OF COLORADO By: _____________________________ Reggie Marinelli, Sheriff Date: ____________________________ APPROVED AS TO FORM: _______________________ Kurtis D. Behn Assistant Deputy County Attorney TM 13-00880 4 CITY OF WHEAT RIDGE STATE OF COLORADO Name: Bud Starker Title: Mayor Date: __________________________________ ATTEST: Name: Stephen Kirkpatrick Title: City Clerk TM 13-00880 5 CITY OF ARVADA STATE OF COLORADO Name: Edward Brady Title: Chief of Police Date: __________________________________ ATTEST: Name: __________________________________ Title: City Clerk TM 13-00880 6 CITY OF GOLDEN STATE OF COLORADO Name: Laura Weinberg Title: Mayor Date: __________________________________ ATTEST: Name: Monica S. Mendoza Title: City Clerk TM 13-00880 7 CITY OF LAKEWOOD STATE OF COLORADO Name: Mark Reeves Title: Division Chief Date: __________________________________ Approved as to form ______________________________ Patrick Freeman Senior Police Legal Advisor ATTACHMENT 3 EXHIBIT B - INSURANCE REQUIREMENTS – GENERAL I Prior to the commencement of any work the vendor shall forward certificates of insurance to the department specified in the award document. II Certificate Holder must be Jefferson County, Colorado. Required II Jefferson County must be added as an additional insured to general liability, auto liability, and any excess liability policies. Required III Insurance - Minimum requirement Workers compensation - statutory limits provided by an insurance carrier that is licensed to do business in Colorado. The policy shall contain a Waiver of Subrogation on behalf of Jefferson County. Employer’s liability - $100,000 each accident $500,000 disease policy limit $100,000 disease each employee Required Commercial General Liability - on an Occurrence Form The policy must not exclude or reduce coverage for mobile equipment, personal injury; blanket contractual; and death. Personal injury coverage must have the employee exclusion deleted. The policy shall contain a Waiver of Subrogation on behalf of Jefferson County. Required $1M ea occurrence $2M general aggregate Law enforcement liability $1M per occurrence $1M aggregate Commercial automobile liability insurance - if autos are used in the performance of work under this agreement. Combined single limit for bodily injury and property damage. Required $1M CSL per accident All deductibles or self-insured retentions (SIRs) in excess of $5,000 must be listed on the certificate of insurance Required Certificates of insurance on all policies to the county shall provide written notice of not less than 30 days prior to cancellation or non-renewal of coverage Required The insurance requirements specified by the county shall remain in effect for the full term of the contract and/or agreement and any extension thereof. Updated Certificates of Insurance shall be sent to the county during the full term of the contract and/or agreement and any extension thereof. Required The county reserves the right to reject any insurer it deems not financially acceptable on insurance industry resources. Property and liability insurance companies shall be licensed or approved to do business in Colorado and shall have an A.M. Best rating of not less than A-/VII. Additionally the county reserves the right to reject any insurance with relatively large deductibles or self-insured retentions (SIRs), deemed by the county to pose too high a risk based on the size of the contractor, financial status or rating of the contractor, or based on the size or type of the project and the exposure. Required IV Any deviations below the standards given above must be approved by Jefferson County Risk Management Required V Any subcontractors must meet the same insurance requirements for the contract or purchase order unless Risk Management has approved a deviation Required ITEM NO: 1b DATE: June 10, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 28-2024 – A RESOLUTION AMENDING THE 2024 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $23,046 FOR THE PURPOSE OF ACCEPTING GRANT FUNDS FROM THE COLORADO DEPARTMENT OF EARLY CHILDHOOD 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 was awarded $23,046 in federal funding through the State of Colorado Department of Early Childhood’s Child Care Stabilization and Capacity Building grant programs for the Sun Camp and Licensed Preschool childcare programs. A resolution approving a supplemental budget appropriation is required to accept and appropriate this additional grant funding. PRIOR ACTION: There has been no prior Council action with this issue. FINANCIAL IMPACT: This budget supplemental in the amount $23,046 will allow the City to continue to support both the Sun Camp and Licensed Preschool childcare programs via this grant funding. Not approving this budget supplemental will result in the City having to return the $23,046 in grant funds. Council Action Form – Budget Supplemental for Early Childhood Grant Funds June 10, 2024 Page 2 BACKGROUND: In 2022 and 2023, the City was awarded federal funding through the State of Colorado Department of Early Childhood’s (CDEC) Child Care Stabilization and Workforce Sustainability grant program for the Sun Camp and Licensed Preschool childcare programs. In 2024, the CDEC adjusted the funding program and offered three different funding categories. The Parks and Recreation Department applied for all three categories for both the Sun Camp and Licensed Preschool programs and was awarded funding from four of those six applications. Failure to spend the funds appropriately by September 30, 2024, will result in the City having to return the additional unspent grant funds. For the programs to spend this additional revenue by the deadline, the funds need to be moved into 01-622-650-660 via this budget supplemental. RECOMMENDATIONS: Staff is recommending the approval of this Resolution and associated budget supplemental, so additional funds can benefit the two childcare programs by the state deadline. RECOMMENDED MOTION: “I move to approve resolution No. 28-2024 – a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $23,046 for the purpose of accepting grant funds from the Colorado Department of Early Childhood.” Or, “I move to postpone indefinitely resolution No. 28-2024 – a resolution amending the 2024 Fiscal Year General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $23,046 for the purpose of accepting grant funds from the Colorado Department of Early Childhood for the following reasons: _________________________________________.” REPORT PREPARED/REVIEWED BY: 1. Brandon Altenburg, Grant and Special Project Administrator 2. Karen O’Donnell, Parks and Recreation Director 3. Patrick Goff, City Manager ATTACHMENTS: 1. Council Resolution No. 28-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 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 $23,046 FOR THE PURPOSE OF ACCEPTING GRANT FUNDS FROM THE COLORADO DEPARTMENT OF EARLY CHILDHOOD WHEREAS, the City of Wheat Ridge has received grant dollars for childcare programs that need to be spent by September 30, 2024; and WHEREAS, the City of Wheat Ridge wishes to invest these funds in childcare programs by the deadline; and WHEREAS, the associated budget supplemental requires City Council approval, allowing for the transfer of these funds into the General Programs expense account 01-622-650-660. NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The Mayor and City Council approve the budget supplemental. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 10th day of June 2024. ________________________________ Bud Starker, Mayor ATTEST: ___________________________________ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 ITEM NO: 1c DATE: June 10, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE RECREATION CENTER CARPET REPLACEMENT PROJECT TO TARKETT USA, INC. AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $99,561 WITH A CONTINGENCY AMOUNT OF $9,959 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $109,520 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ Director of Public Works City Manager ISSUE: The majority of the modular tile carpeting at the Recreation Center was replaced in 2012. The industry standard for commercial grade carpet replacement is every 10-15 years to maintain aesthetics and reduce health/allergen impacts. This is also one of the final components of the Facility Redesign Project for the Recreation Center. Staff recommends awarding this project to Tarkett USA, Inc. in the amount of $99,561 with a staff-managed 10% contingency of $9,959 for a total not-to-exceed contract amount of $109,520. PRIOR ACTION: N/A Council Action Form – Recreation Center Carpet Replacement June 10, 2024 Page 2 FINANCIAL IMPACT: $139,000 was budgeted for Recreation Center Redesign Projects in the 2024 G/L line item 54-601-800-870 from the Conservation Trust Fund (CTF). The Recreation Center is an eligible site for projects funded by the CTF. A solicitation for proposals took place in March of 2024. Two proposals were received in accordance with the scope of work. The pricing ranged from $99,560.81 to $114,700.00. Tarkett USA, Inc.’s price to furnish and install new carpet and baseboards in the designated areas of work is $99,560.81. Tarkett USA, Inc. is part of a cooperative agreement in which City of Wheat Ridge is a member. Rec Center Location Tarkett Proposed Price Front desk, offices, stairs $26,547.44 Upper level $29,079.13 South hall, offices, Ballroom $43,934.24 Total $99,560.81 The remaining budgeted funds will be allocated to other projects on the Facility Redesign Project schedule. BACKGROUND: The Wheat Ridge Recreation Center is approximately 70,000 square feet in size, much of which is covered in modular tile carpeting. Most of the existing carpeting has been in place since approximately 2012. The industry standard for commercial grade carpet replacement is every 10-15 years to maintain aesthetics and reduce health/allergen impacts, regardless of regular maintenance, per the manufacturer’s instructions. Additionally, there is an active Facility Redesign Project for the Recreation Center which outlines a schedule for updates, improvements, and aesthetic enhancements. The carpet in the conference room, administration offices, and lobby of the Recreation Center was replaced in 2022 in accordance with the Facility Redesign Project. The remaining carpet has been deep cleaned annually, or as needed. Carpet tiles have been replaced as needed due to wear, staining, or damage. This project will complete the carpet replacement scope of that Project and provide a unified and updated aesthetic at the Recreation Center. The city maintains a service agreement to provide regular carpet cleaning. This agreement will extend to the new carpet installed as part of this project. Project Schedule The annual shut down of the Recreation Center (Closure Week) is scheduled for August 18 through August 24, 2024. The intent is for most of the carpet and baseboard to be installed during that Council Action Form – Recreation Center Carpet Replacement June 10, 2024 Page 3 week. The ballroom, south hallway, and supervisor’s office will be scheduled for work prior to Closure Week as allowed by the rental and event schedule. RECOMMENDATION: Staff recommends that the City Council approve, by motion, a contract with Tarkett USA, Inc. in the amount of $99,561 for the Recreation Center Carpet Replacement project, with allowance for a 10% staff-managed contingency in the amount of $9,959. RECOMMENDED MOTION: “I move to award the Recreation Center Carpet Replacement Project and approve subsequent payments to Tarkett USA, Inc. in the amount of $99,561, with a contingency amount of $9,959 for a total not-to-exceed amount of $109,520.” Or, “I move to deny award of the Recreation Center Carpet Replacement Project to Tarkett USA, Inc. for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Whitney Mugford-Smith, Procurement Manager Dan Beiers, Facilities Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENT: 1. Contract with Tarkett USA, Inc. 24-136-Recreation Center Carpet Replacement Contract #24-136 THIS AGREEMENT made this 10th day of June 2024 by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and Tarkett USA, Inc, Source One Accounts, 1735 Cleveland Hwy., Dalton, GA 30721, hereinafter referred to as the “Contractor.” WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: ARTICLE 1 – SERVICES The Contractor will serve as the City’s contractor and provide at a minimum all the professional services regarding the Recreation Center Carpet Replacement Project required as per the agreed upon Statement of Work (Exhibit A) incorporated herein by reference. ARTICLE 2 – TERM The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Contractor has been authorized to proceed by the City. The City may, upon mutual written agreement by the parties, extend the time of completion of services to be performed by the Contractor, if needed. This agreement is in place only for the Recreation Center Carpet Replacement project and is not eligible for renewal. ARTICLE 3 – PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City will pay the Contractor for services provided, and the Contractor will accept a not-to-exceed amount of ninety-nine thousand five hundred sixty- one dollars, ($99,561.00) as full payment for such services per contract period. Pricing will remain firm for the length of the project. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 20, in order to be processed in the same calendar year. A.Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Contractor within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B.Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which limits the amount for which the City will be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. ATTACHMENT 1 ARTICLE 4-SALES AND USE TAXES Don’t include sales or use tax in invoices, as the City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 ARTICLE 5 – INDEPENDENT CONTRACTOR In performing the work under this agreement, the Contractor acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Contractor, as an independent contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Contractor are not and will not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the Contractor—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 6 – INSURANCE In accordance with Article 4 above, the Contractor will furnish a certificate of insurance upon notification of award, and prior to performance. Work will not commence under this agreement until the Contractor has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance: Type of Insurance Minimum Limits of Liability Worker’s Compensation, Coverage A Statutory, including occupational disease coverage for all employees at work site. Employer Liability, Coverage B $500,000 per person $500,000 per accident $500,000 each disease Commercial General Liability (including Premises-Operations, Independent Contractor’s Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury • Property Damage $1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate Professional Liability/ Errors and Omissions $1,000,000 each claim $1,000,000 aggregate An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the Commercial General Liability policy is also required. Comprehensive Automotive Liability (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence The City of Wheat Ridge will be named as additional insured on all liability policies. Nothing herein will be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. ARTICLE 7 – INDEMNIFICATION The Contractor agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities—including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent performance or failure of the Contractor to provide services pursuant to the terms of this agreement. ARTICLE 8 – EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor must adhere to acceptable affirmative action guidelines in selecting employees and will ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action includes —but is not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training—including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions will not apply to contracts or subcontracts for standard commercial supplies or raw materials. ARTICLE 9 – CHARTER, LAWS, AND ORDINANCES The Contractor at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. ARTICLE 10 – LAW AND VENUE The laws of the State of Colorado will govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. ARTICLE 11 – TERMINATION The Contractor acknowledges that his failure to accomplish the work as described will be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions— including, but not limited to re-procurement costs, insufficient or improper work. The City and the Contractor agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination will be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Contractor will be paid for all work and expenses incurred up until the time of such termination. Insurance must include provisions preventing cancellation without 30 days prior notice by certified mail to the City. All work accomplished by the Contractor prior to the date of such termination will be recorded, and tangible work documents will be transferred to and become the sole property of the City, prior to payment for services rendered. ARTICLE 12 – NOTICES Contact Information City Contractor Name: Daniel Beiers Maria Ortiz Office Phone: 303-205-7554 706-281-2765 Email Address: dbeiers@ci.wheatridge.co.us Maria.Ortiz2@tarkett.com Address: 7490 W 45th Ave. 1735 Cleveland Hwy. City, State, Zip Code Wheat Ridge, CO 80033 Dalton, GA 30721 ARTICLE 13 – ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City will be subject to the requirements of this agreement, and the contractor is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The contractor is responsible for the performance of any subcontractor. ARTICLE 14 – SEVERABILITY To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure will not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof will not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 15 – INTEGRATION OF UNDERSTANDINGS This agreement is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto will have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto will have any force or effect unless embodied in writing and signed by an authorized representative of the City and the contractor. ARTICLE 18 - DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants will insert this provision in all sub-contracts for any work covered by this Agreement, so that it will be binding upon each sub- consultant or sub-contractor providing labor or services. ARTICLE 19 – OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract will be the sole property of the City. ARTICLE 20 – Reserved. ARTICLE 21- VENDOR PERFORMANCE FEEDBACK The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation ARTICLE 22 – INTERNAL TEAM REVIEW Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. _ _ Whitney Mugford-Smith, Procurement Manager Date Signed _ _ Daniel Beiers, Facilities Manager Date Signed _ Maria D’Andrea, Director of Public Works Date Signed _ _ Patrick Goff, City Manager Date Signed ARTICLE 25 – AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE STEVE KIRKPATRICK, CITY CLERK WHEAT RIDGE, CO 80033 303-234-5900 DATE BUD STARKER, MAYOR (Seal) CONTRACTOR Tarkett USA Inc. APPROVED AS TO FORM: Source One Accounts 1735 Cleveland Hwy Dalton, GA 80721 GERALD DAHL, CITY ATTORNEY AUTHORIZED SIGNATURE ATTEST TO CONTRACTOR: PRINTED NAME NAME TITLE TITLE DATE DATE Project #893910 2/22/2024 John Waters City of Wheat Ridge Wheat Ridge CO 80215 RE: Flooring Proposal for: SCOPE OF WORK: Style Color Name Color #Quantity UoM Unit Price Line Total Plexus Color IV Ethos Omnicoat Modular Tile 24x24 Black Bird 540.03 YD2 @ 43.88$ 23,696.47$ C-EX Modular Tile Adhesive - 4 gal.4.00 EA @ 127.76$ 511.04$ C-56E Premium Floor Primer - 4 gal.4.00 EA @ 127.76$ 511.04$ Carpet Installation - Modular Tile 512.00 YD2 @ 7.99$ 4,090.88$ Install Primer 4,608.00 FT2 @ 0.82$ 3,778.56$ Carpet Removal - Direct Glue 512.00 YD2 @ 3.94$ 2,017.28$ Removal and Disposal of Cove Base 404.00 FT @ 0.40$ 161.60$ Flooring Disposal 512.00 YD2 @ 0.86$ 440.32$ Dumpster Fee 1.00 EA @ 881.28$ 881.28$ 4" Cove Base - Furnish & Install 404.00 FT @ 2.81$ 1,135.24$ Floor Prep - Standard 4,608.00 FT2 @ 1.09$ 5,022.72$ Transition Strips and Labor 36.00 FT @ 4.38$ 157.68$ Moisture Testing 7.00 EA @ 218.59$ 1,530.13$ Subtotal 43,934.24$ Estimated Sales Tax -$ TOTAL 43,934.24$ NOTES: 1. Estimated from: Larkin and Associates Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Subject to Credit Approval)Net 30 Days 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given are firm for sixty days from proposal date. 3. Lead Times: Please note that we are a made to order mill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets, two weeks plus shipping; 893910 Wheat Ridge Rec Center Lower Level South Hall, Rooms and Ballroom * All Materials and Labor - Payment due within terms of each invoice (materials will be invoiced upon shipment, labor will be invoiced upon completion or as phased). We are pleased to provide the following proposal based on Omnia-NMO Contract #2020002143. 2. Scope of Work: Provide and install carpet tile, rubber cove base, rubber transitions in Lower-Level South Hall, Rooms and Ballroom according to colored print at existing carpet. Includes demo and haul of existing, minor floor prep. EXCLUDES: furniture remove and reset. Labor presumed straight time. 1 Project #893910 2/22/2024 • Running Line Carpets, four to six weeks plus shipping; • Custom Carpets, six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to-job basis. Our products perform properly when installed on floors that are free of dirt, oil, paint and excessive moisture. Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our installers are responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken prior to installation of any product. These measures may affect the price of this quote. Please contact our Technical Services Department at 800.248.2878 ext. 2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order, or fully-executed contract via fax to 706.260.3005. Please address it to my attention. Should you have any questions, please call me at 800.248.2878. We look forward to working with you on this project. Sincerely, Tarkett USA Inc. Maria Ortiz Account Coordinator Source One Department CC: Todd Stordahl 606683 0 0 0 2 Project #893903 2/22/2024 John Waters City of Wheat Ridge Wheat Ridge CO 80215 RE: Flooring Proposal for: SCOPE OF WORK: Style Color Name Color #Quantity UoM Unit Price Line Total Plexus Color Ethos Omnicoat Modular Tile 24x24 Black Bird 353.35 YD2 @ 43.88$ 15,505.00$ C-EX Modular Tile Adhesive - 4 gal.3.00 EA @ 127.76$ 383.28$ C-56E Premium Floor Primer - 4 gal.3.00 EA @ 127.76$ 383.28$ Carpet Installation - Modular Tile 331.00 YD2 @ 7.99$ 2,644.69$ Install Primer 2,844.00 FT2 @ 0.82$ 2,332.08$ Carpet Removal - Direct Glue 316.00 YD2 @ 3.94$ 1,245.04$ Removal and Disposal of Cove Base 380.00 FT @ 0.40$ 152.00$ Flooring Disposal 316.00 YD2 @ 0.86$ 271.76$ Dumpster Fee 1.00 EA @ 881.28$ 881.28$ 4" Cove Base - Furnish & Install 380.00 FT @ 2.81$ 1,067.80$ 6" Cove Base - Furnish & Install 64.00 FT @ 4.25$ 272.00$ Floor Prep - Standard 2,844.00 FT2 @ 1.09$ 3,099.96$ Transition Strips and Labor 192.00 FT @ 4.38$ 840.96$ Subtotal 29,079.13$ Estimated Sales Tax -$ TOTAL 29,079.13$ NOTES: 1. Estimated from: Larkin and Associates Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Subject to Credit Approval)Net 30 Days 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given are firm for sixty days from proposal date. 3. Lead Times: Please note that we are a made to order mill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets, two weeks plus shipping; 893903 City of Wheat Ridge Rec Center Upper Level * All Materials and Labor - Payment due within terms of each invoice (materials will be invoiced upon shipment, labor will be invoiced upon completion or as phased). We are pleased to provide the following proposal based on Omnia-NMO Contract #2020002143. 2. Scope of Work: Provide and install carpet tile, rubber cove base, rubber transitions in Upper-Level at existing carpet. Includes demo and haul of existing, minor floor prep. EXCLUDES: furniture remove and reset. Labor presumed straight time. 1 Project #893903 2/22/2024 • Running Line Carpets, four to six weeks plus shipping; • Custom Carpets, six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to-job basis. Our products perform properly when installed on floors that are free of dirt, oil, paint and excessive moisture. Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our installers are responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken prior to installation of any product. These measures may affect the price of this quote. Please contact our Technical Services Department at 800.248.2878 ext. 2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order, or fully-executed contract via fax to 706.260.3005. Please address it to my attention. Should you have any questions, please call me at 800.248.2878. We look forward to working with you on this project. Sincerely, Tarkett USA Inc. Maria Ortiz Account Coordinator Source One Department CC: Todd Stordahl 606683 0 0 0 2 Project #893229 2/20/2024 John Waters City of Wheat Ridge Wheat Ridge CO 80215 RE: Flooring Proposal for: SCOPE OF WORK: Style Color Name Color #Quantity UoM Unit Price Line Total Plexus Color IV Ethos Omnicoat Modular Tile 24x24 Black Bird 273.33 YD2 @ 43.88$ 11,993.72$ C-EX Modular Tile Adhesive - 4 gal.2.00 EA @ 127.76$ 255.52$ C-56E Premium Floor Primer - 4 gal.2.00 EA @ 127.76$ 255.52$ Carpet Installation - Modular Tile 252.00 YD2 @ 7.99$ 2,013.48$ Carpet Removal - Direct Glue 252.00 YD2 @ 3.94$ 992.88$ Install Primer 2,268.00 FT2 @ 0.82$ 1,859.76$ Removal and Disposal of Cove Base 304.00 FT @ 0.40$ 121.60$ Flooring Disposal 252.00 YD2 @ 0.86$ 216.72$ Dumpster Fee 1.00 EA @ 881.28$ 881.28$ 4" Cove Base - Furnish & Install 304.00 FT @ 2.81$ 854.24$ Furniture Lift System (ADD to above Modular Tile install/removal pricing)15.00 YD2 @ 10.80$ 162.00$ Floor Prep - Standard 2,268.00 FT2 @ 1.09$ 2,472.12$ Transition Strips and Labor 60.00 FT @ 4.38$ 262.80$ Stair Nosing - Labor and Material 168.00 FT @ 19.83$ 3,331.44$ Moisture Testing 4.00 EA @ 218.59$ 874.36$ Subtotal 26,547.44$ Estimated Sales Tax -$ TOTAL 26,547.44$ NOTES: 1. Estimated from: Larkin & Associates LLC 2. Scope of Work: Provide and install carpet tile, rubber cove base, rubber transitions and stair nosing in lower-level North Hall, Front Desk, Office, and Stairs. Includes demo and haul of existing, minor floor prep, moisture testing and furniture lift in office. Labor presumed straight time. Protection of Floors Attic Stock Night/Weekend Labor Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Subject to Credit Approval)Net 30 Days 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given are firm for sixty days from proposal date. 893229 City of Wheat Ridge Rec Center Front Desk, Office, Hall and Stairs * All Materials and Labor - Payment due within terms of each invoice (materials will be invoiced upon shipment, labor will be invoiced upon completion or as phased). We are pleased to provide the following proposal based on Omnia-NMO Contract #2020002143. 1 Project #893229 2/20/2024 3. Lead Times: Please note that we are a made to order mill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets, two weeks plus shipping; • Running Line Carpets, four to six weeks plus shipping; • Custom Carpets, six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to-job basis. Our products perform properly when installed on floors that are free of dirt, oil, paint and excessive moisture. Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our installers are responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken prior to installation of any product. These measures may affect the price of this quote. Please contact our Technical Services Department at 800.248.2878 ext. 2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order, or fully-executed contract via fax to 706.260.3005. Please address it to my attention. Should you have any questions, please call me at 800.248.2878. We look forward to working with you on this project. Sincerely, Tarkett USA Inc. Maria Ortiz Account Coordinator Source One Department CC: Todd Stordahl 606683 0 0 0 2 Project #893910 2/22/2024 John Waters City of Wheat Ridge Wheat Ridge CO 80215 RE: Flooring Proposal for: SCOPE OF WORK: Style Color Name Color #Quantity UoM Unit Price Line Total Plexus Color IV Ethos Omnicoat Modular Tile 24x24 Black Bird 540.03 YD2 @ 43.88$ 23,696.47$ C-EX Modular Tile Adhesive - 4 gal.4.00 EA @ 127.76$ 511.04$ C-56E Premium Floor Primer - 4 gal.4.00 EA @ 127.76$ 511.04$ Carpet Installation - Modular Tile 512.00 YD2 @ 7.99$ 4,090.88$ Install Primer 4,608.00 FT2 @ 0.82$ 3,778.56$ Carpet Removal - Direct Glue 512.00 YD2 @ 3.94$ 2,017.28$ Removal and Disposal of Cove Base 404.00 FT @ 0.40$ 161.60$ Flooring Disposal 512.00 YD2 @ 0.86$ 440.32$ Dumpster Fee 1.00 EA @ 881.28$ 881.28$ 4" Cove Base - Furnish & Install 404.00 FT @ 2.81$ 1,135.24$ Floor Prep - Standard 4,608.00 FT2 @ 1.09$ 5,022.72$ Transition Strips and Labor 36.00 FT @ 4.38$ 157.68$ Moisture Testing 7.00 EA @ 218.59$ 1,530.13$ Subtotal 43,934.24$ Estimated Sales Tax -$ TOTAL 43,934.24$ NOTES: 1. Estimated from: Larkin and Associates Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Subject to Credit Approval)Net 30 Days 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given are firm for sixty days from proposal date. 3. Lead Times: Please note that we are a made to order mill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets, two weeks plus shipping; 893910 Wheat Ridge Rec Center Lower Level South Hall, Rooms and Ballroom * All Materials and Labor - Payment due within terms of each invoice (materials will be invoiced upon shipment, labor will be invoiced upon completion or as phased). We are pleased to provide the following proposal based on Omnia-NMO Contract #2020002143. 2. Scope of Work: Provide and install carpet tile, rubber cove base, rubber transitions in Lower-Level South Hall, Rooms and Ballroom according to colored print at existing carpet. Includes demo and haul of existing, minor floor prep. EXCLUDES: furniture remove and reset. Labor presumed straight time. 1 Project #893910 2/22/2024 • Running Line Carpets, four to six weeks plus shipping; • Custom Carpets, six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to-job basis. Our products perform properly when installed on floors that are free of dirt, oil, paint and excessive moisture. Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our installers are responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken prior to installation of any product. These measures may affect the price of this quote. Please contact our Technical Services Department at 800.248.2878 ext. 2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order, or fully-executed contract via fax to 706.260.3005. Please address it to my attention. Should you have any questions, please call me at 800.248.2878. We look forward to working with you on this project. Sincerely, Tarkett USA Inc. Maria Ortiz Account Coordinator Source One Department CC: Todd Stordahl 606683 0 0 0 2 Project #893903 2/22/2024 John Waters City of Wheat Ridge Wheat Ridge CO 80215 RE: Flooring Proposal for: SCOPE OF WORK: Style Color Name Color #Quantity UoM Unit Price Line Total Plexus Color Ethos Omnicoat Modular Tile 24x24 Black Bird 353.35 YD2 @ 43.88$ 15,505.00$ C-EX Modular Tile Adhesive - 4 gal.3.00 EA @ 127.76$ 383.28$ C-56E Premium Floor Primer - 4 gal.3.00 EA @ 127.76$ 383.28$ Carpet Installation - Modular Tile 331.00 YD2 @ 7.99$ 2,644.69$ Install Primer 2,844.00 FT2 @ 0.82$ 2,332.08$ Carpet Removal - Direct Glue 316.00 YD2 @ 3.94$ 1,245.04$ Removal and Disposal of Cove Base 380.00 FT @ 0.40$ 152.00$ Flooring Disposal 316.00 YD2 @ 0.86$ 271.76$ Dumpster Fee 1.00 EA @ 881.28$ 881.28$ 4" Cove Base - Furnish & Install 380.00 FT @ 2.81$ 1,067.80$ 6" Cove Base - Furnish & Install 64.00 FT @ 4.25$ 272.00$ Floor Prep - Standard 2,844.00 FT2 @ 1.09$ 3,099.96$ Transition Strips and Labor 192.00 FT @ 4.38$ 840.96$ Subtotal 29,079.13$ Estimated Sales Tax -$ TOTAL 29,079.13$ NOTES: 1. Estimated from: Larkin and Associates Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Subject to Credit Approval)Net 30 Days 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given are firm for sixty days from proposal date. 3. Lead Times: Please note that we are a made to order mill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets, two weeks plus shipping; 893903 City of Wheat Ridge Rec Center Upper Level * All Materials and Labor - Payment due within terms of each invoice (materials will be invoiced upon shipment, labor will be invoiced upon completion or as phased). We are pleased to provide the following proposal based on Omnia-NMO Contract #2020002143. 2. Scope of Work: Provide and install carpet tile, rubber cove base, rubber transitions in Upper-Level at existing carpet. Includes demo and haul of existing, minor floor prep. EXCLUDES: furniture remove and reset. Labor presumed straight time. 1 Project #893903 2/22/2024 • Running Line Carpets, four to six weeks plus shipping; • Custom Carpets, six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to-job basis. Our products perform properly when installed on floors that are free of dirt, oil, paint and excessive moisture. Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our installers are responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken prior to installation of any product. These measures may affect the price of this quote. Please contact our Technical Services Department at 800.248.2878 ext. 2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order, or fully-executed contract via fax to 706.260.3005. Please address it to my attention. Should you have any questions, please call me at 800.248.2878. We look forward to working with you on this project. Sincerely, Tarkett USA Inc. Maria Ortiz Account Coordinator Source One Department CC: Todd Stordahl 606683 0 0 0 2 Project #893229 2/20/2024 John Waters City of Wheat Ridge Wheat Ridge CO 80215 RE: Flooring Proposal for: SCOPE OF WORK: Style Color Name Color #Quantity UoM Unit Price Line Total Plexus Color IV Ethos Omnicoat Modular Tile 24x24 Black Bird 273.33 YD2 @ 43.88$ 11,993.72$ C-EX Modular Tile Adhesive - 4 gal.2.00 EA @ 127.76$ 255.52$ C-56E Premium Floor Primer - 4 gal.2.00 EA @ 127.76$ 255.52$ Carpet Installation - Modular Tile 252.00 YD2 @ 7.99$ 2,013.48$ Carpet Removal - Direct Glue 252.00 YD2 @ 3.94$ 992.88$ Install Primer 2,268.00 FT2 @ 0.82$ 1,859.76$ Removal and Disposal of Cove Base 304.00 FT @ 0.40$ 121.60$ Flooring Disposal 252.00 YD2 @ 0.86$ 216.72$ Dumpster Fee 1.00 EA @ 881.28$ 881.28$ 4" Cove Base - Furnish & Install 304.00 FT @ 2.81$ 854.24$ Furniture Lift System (ADD to above Modular Tile install/removal pricing)15.00 YD2 @ 10.80$ 162.00$ Floor Prep - Standard 2,268.00 FT2 @ 1.09$ 2,472.12$ Transition Strips and Labor 60.00 FT @ 4.38$ 262.80$ Stair Nosing - Labor and Material 168.00 FT @ 19.83$ 3,331.44$ Moisture Testing 4.00 EA @ 218.59$ 874.36$ Subtotal 26,547.44$ Estimated Sales Tax -$ TOTAL 26,547.44$ NOTES: 1. Estimated from: Larkin & Associates LLC 2. Scope of Work: Provide and install carpet tile, rubber cove base, rubber transitions and stair nosing in lower-level North Hall, Front Desk, Office, and Stairs. Includes demo and haul of existing, minor floor prep, moisture testing and furniture lift in office. Labor presumed straight time. Protection of Floors Attic Stock Night/Weekend Labor Dumpster Cost Bonding Cost Mats Preformed Corners Trip Charges Removal & Disposal Resilient Flooring Stair Materials Extensive Floor Preparation Furniture Moving Asbestos Abatement Sales Tax Carpet Cleaning Cleaning/Waxing of Resilient Border Carpet TERMS OF PAYMENT: (Subject to Credit Approval)Net 30 Days 1. Change Orders: Any work not included in the above scope of work will require a signed change order before work can be performed. 2. Term of Quote: Prices given are firm for sixty days from proposal date. 893229 City of Wheat Ridge Rec Center Front Desk, Office, Hall and Stairs * All Materials and Labor - Payment due within terms of each invoice (materials will be invoiced upon shipment, labor will be invoiced upon completion or as phased). We are pleased to provide the following proposal based on Omnia-NMO Contract #2020002143. 1 Project #893229 2/20/2024 3. Lead Times: Please note that we are a made to order mill and we cannot commence production until a signed PO or contract is received. Note that normal lead times are as follows: • Fast Track Carpets, two weeks plus shipping; • Running Line Carpets, four to six weeks plus shipping; • Custom Carpets, six to eight weeks plus shipping; • Lead times are approximate and do not start until after the purchase order or fully-executed contract is received. 4. Floor Preparation: Additional floor preparation may be required as a result of an unforeseen condition of the floor. Costs associated with this floor preparation will be negotiated on a job-to-job basis. Our products perform properly when installed on floors that are free of dirt, oil, paint and excessive moisture. Floors that have moisture readings greater than the manufacturer specified tolerance will not meet specification and will require further curing time or treatment prior to carpet installation. We recommend only wet scraping or mechanical removal of all non-water based adhesives. 5. Asbestos Abatement: This quote DOES NOT include asbestos abatement. Neither we nor our installers are responsible for the handling, removal or abatement of asbestos contained floor material or adhesive. Further, our policy is to request an Asbestos Hazard Emergency Response Act (AHERA) report prior to proceeding with any floor material or floor adhesive removal. We and our installers consider it the owner's responsibility to produce this report prior to executing this contract. If any chemical stripping agents such as those commonly used in asbestos abatement have been used, we and our installers may require additional measures be taken prior to installation of any product. These measures may affect the price of this quote. Please contact our Technical Services Department at 800.248.2878 ext. 2129 for more details. Please indicate your acceptance of this proposal by returning your signed purchase order, or fully-executed contract via fax to 706.260.3005. Please address it to my attention. Should you have any questions, please call me at 800.248.2878. We look forward to working with you on this project. Sincerely, Tarkett USA Inc. Maria Ortiz Account Coordinator Source One Department CC: Todd Stordahl 606683 0 0 0 2 ITEM NO: 2 DATE: June 10, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2024 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10840 W. 41ST PLACE FROM AGRICULTURAL-ONE (A-1) TO RESIDENTIAL-ONE B (R-1B) (CASE NO. WZ-24-03) PUBLIC HEARING ORDINANCES FOR 1ST READING (05/13/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/10/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The owner of the property at 10840 W. 41st Place is requesting approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B). The zone change will result in a zoning that encourages investment in the site and will enable the land use to become more conforming with the zoning. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on April 18, 2024, and recommended approval. The staff report and a copy of the draft Planning Commission minutes are attached. City Council approved this ordinance on first reading on May 13, 2024. A motion was made by Councilmember Weaver and seconded by Councilmember Stites and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-24-03. If the rezoning is approved, the City may benefit from various fees collected depending on how the property is repurposed in the future, such as building permit fees and use tax. Council Action Form – Proposed Rezoning at 10840 W. 41st Place June 10, 2024 Page 2 BACKGROUND: The property is located on the south side of the W. 41st Place and just northwest of the intersection of W. 41st Avenue and Oak Street. The property currently contains one single-unit dwelling and various outbuildings. According to the Jefferson County Assessor, the site is approximately 20,778 square feet (.477 acres) in size. The property does not meet the one-acre minimum lot size requirement for the Agricultural-One (A-1) zone district and is currently legally nonconforming in terms of lot size. The property currently has one 2,058-square foot single-unit dwelling, built in 1909, and multiple accessory structures. The applicant stated that the property is largely unoccupied at this time. Current Zoning The property is currently zoned A-1. The A-1 zone district was established to provide a high quality, safe, quiet, and stable residential estate living environment within a quasi-rural or agricultural setting. The adjacent properties to the east, west, and south are zoned R-1B and contain low-density residential uses. The property to the north is city-owned open space which is part of the Clear Creek Greenbelt and is zoned A-1. Proposed Zoning The applicant is requesting the property be rezoned from Agricultural-One (A-1) to Residential-One B (R-1B). Both zone districts are intended to provide high quality, safe, quiet, and stable low-density residential neighborhoods. Both A-1 and R-1B zoning would allow only for single-unit dwellings. The subject property is too small in either zone district to allow any of the nonresidential uses permitted by the zoning (churches, schools, government buildings, and group dwellings). The applicant is requesting the zone change to R-1B so they can subdivide the oversized parcel and build an additional single-unit dwelling. The property is located in an established neighborhood that is primarily low-density residential, and the area is no longer agricultural. This particular property is the last agriculturally zoned property on the block and is entirely surrounded by R-1B zoning apart from the city-owned land to the north. This zoning condition was inherited from the County when the City was incorporated in 1969. The proposed R-1B zoning would be consistent with adjacent properties and would not result in significant change to the area. The applicant hopes to rezone in order to have the opportunity to build an additional single-unit dwelling that would be proportional to adjacent lots and that would allow the highest and best utilization of the land, and to revitalize and reinvest in the property. A full analysis of the zone change criteria is provided in the Planning Division staff report which is Attachment 2. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Council Action Form – Proposed Rezoning at 10840 W. 41st Place June 10, 2024 Page 3 As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 08-2024, an ordinance approving the rezoning of property located at 10840 W. 41st Place from Agricultural-One (A-1) to Residential-One B (R1-B) on second reading, order it published, and that it takes effect 15 days after final publication.” Or, “I move to deny Council Bill No. 08-2024, an ordinance approving the rezoning of property located at 10840 W. 41st Place from Agricultural-One (A-1) to Residential-One B (R1-B) for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning does not comply with the criteria for review in Section 26-112.E of the Code of Laws for the reasons expressed in the record and the statements of Councilmembers voting against the application. 3. … 4. …” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 08-2024 2. Planning Commission Staff Report 3. Planning Commission Meeting Minutes (04/18/24) ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER WEAVER COUNCIL BILL NO. 08 ORDINANCE NO. 1793 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 10840 W. 41ST PLACE FROM AGRICULTURAL- ONE (A-1) TO RESIDENTIAL-ONE B (R-1B) (CASE NO. WZ-24-03) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Mark Brannon has submitted a land use application for approval of a zone change to the Residential-One B (R-1B) zone district for property located at 10840 W. 41st Place; and WHEREAS, the City of Wheat Ridge has adopted a comprehensive plan— Envision Wheat Ridge— which specifically designates areas containing established neighborhoods, including the subject site, as a priority for encouraging reinvestment in underutilized properties, maintaining consistent character, and creating opportunities for dwelling ownership; and WHEREAS, a rezoning to R-1B would encourage revitalization of the site and will enable the land to become conforming; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 18, 2024, and recommended approval of rezoning the property to Residential-One B (R-1B). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Agricultural-One (A-1) to Residential-One B (R-1B) for property located at 10840 W. 41st Place, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 21, FROM WHENCE THE SOUTH QUARTER CORNER BEARS S00°18'34"E A DISTANCE OF 2647.47 FEET FOR A BASIS OF BEARING; THENCE S09°48'22"E A DISTANCE OF 1194.80 FEET TO A POINT ON THE SOUTH LINE OF WEST 41ST PLACE AND THE POINT OF BEGINNING; THENCE S00°18'34"E A DISTANCE OF 148.55 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTTON 21; THENCE S89°24'19"W ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 21. A DISTANCE OF 140.00 FEET; THENCE N00°18'34"W A DISTANCE OF 148.55 FEET TO A POINT ON THE SOUTH LINE OF WEST 41ST PLACE; THENCE N89°24'19'E ALONG SAID SOUTH LINE OF WEST 41ST PLACE, A DISTANCE OF 140.00 FEET TO THE POINT OF BEGINNING; CONTAING 20,797 SQUARE FEET (0.477 ACRE), MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 6. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of May 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, June 10, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this 10th day of June 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 Dahl, City Attorney 1st publication: May 14, 2024 2nd publication: June 11, 2024 Jeffco Transcript: Effective Date: June 26, 2024 Planning Commission 1 Case No. WZ-24-03 / Brannon Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: April 18, 2024 (Planning Commission) / June 10, 2024 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner II CASE NO. & NAME: WZ-24-03 / Brannon Rezone REQUEST: Request for approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B). LOCATION OF REQUEST: 10840 W. 41st Place APPLICANT / OWNER: Mark Brannon APPROXIMATE AREA: 20,778 square feet (0.477 acres) PRESENT ZONING: Agricultural-One (A-1) COMPREHENSIVE PLAN: Neighborhoods ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-24-03 / Brannon Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The owner of 10840 W. 41st Place has submitted an application requesting approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B) on their property. The zone change is the first step of the process for the property to potentially be utilized for an additional single-unit dwelling. If the zone change is approved, the applicant plans to submit a subdivision to split the property from one lot to two. The goal of the zone change and subsequent subdivision is to create an additional buildable parcel to construct a new single-unit dwelling while preserving the existing dwelling. II. EXISTING CONDITIONS The property is located on the south side of the W. 41st Place and just northwest of the intersection of W. 41st Avenue and Oak Street (Exhibit 1, Aerial). The property is currently zoned Agricultural-One (A-1) and contains one single-unit dwelling and various outbuildings (Exhibit 2, Zoning Map). The applicant stated that the property is largely unoccupied at this time. The adjacent properties to the east, west, and south are zoned R-1B and contain low-density residential uses. The property to the north is city-owned open space which is part of the Clear Creek Greenbelt and is zoned A-1. According to the Jefferson County Assessor, the site is approximately 20,778 square feet (.477 acres) in size. The property currently has one 2,058-square foot single-unit dwelling, built in 1909, and multiple accessory structures. III. PROPOSED ZONING The applicant is requesting the property be rezoned from Agricultural-One (A-1) to Residential-One B (R-1B). Both zone districts are intended to provide high quality, safe, quiet, and stable low-density residential neighborhoods. Both A-1 and R-1B zoning would allow only for single-unit dwellings. The subject property is too small in either zone district to allow any of the nonresidential uses permitted by the zoning (churches, schools, government buildings, and group dwellings). The applicant is requesting the zone change to R-1B so they can subdivide the oversized parcel and build an additional single-unit dwelling. The property is located in an established neighborhood that is primarily low-density residential, and the area is no longer agricultural. This particular property is the last agriculturally zoned property on the block and is entirely surrounded by R-1B zoning apart from the city-owned land to the north. This zoning condition was inherited from the County when the City was incorporated in 1969. The proposed R-1B zoning would be consistent with adjacent properties and would not result in significant change to the area. The applicant hopes to rezone in order to have the opportunity to build an additional single-unit dwelling that would be proportional to adjacent lots and that would allow the highest and best utilization of the land, and to revitalize and reinvest in the property (Exhibit 3, Applicant Letter). Planning Commission 3 Case No. WZ-24-03 / Brannon Rezone The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. Development Standard CURRENT ZONING Agricultural-One (A-1) PROPOSED ZONING Residential-One B (R-1B) Uses Allows for single-unit dwellings. Also allows for churches, schools, and government buildings. Allows for single-unit dwellings. Also allows for churches, schools, and government buildings. Architectural Standards None None Max. Building Height 35’ 35’ Min. Lot area 1 acre 7,500 sf Min. Lot width 140’ 60’ Max. Lot coverage 25% 40% Setbacks Front / street facing Rear setback Side setbacks 30’ 15’ 15’ 25’ 10’ 5’ minimum on one side, total of 15’ When reviewing the site, staff determined that R-1B is the most suitable zoning for the applicant’s proposal after considering several alternatives: • The property is not capable of accommodating a two-lot subdivision under R-1 which requires 12,500 square feet per lot and 100 feet of width per lot. Additionally, there are not currently any R-1 properties located in the vicinity and to prevent spot zoning, staff eliminated this as a possibility. • Other zone districts such as R-1C were discussed but ultimately eliminated for two reasons. The predominant zone district in this particular neighborhood is R-1B and anything other than this zone district would not fit in with current conditions. Staff is conscious of the existing character of the neighborhood which is primarily lower density and medium-sized lots. Rezoning to something that would allow for much smaller minimum lot sizes, such as R-1C, would not be an appropriate fit in this location. R-1B was determined to be the most appropriate option because it retains the lower density single-unit character of the area and maintains medium lot sizes. The subject site is entirely surrounded by R-1B zoning which contains low-density, single-unit dwellings. The R-1B zone district would allow the applicant more flexibility to redevelop the property while maintaining the character of the surrounding neighborhoods. It would also allow the site to become conforming as it does not currently meet the minimum one-acre lot size requirement for the A-1 zone district. In a subdivided condition, the site would contain two lots which are compatible in size with surrounding conditions. With over 20,000 square feet of lot area, the subject property could accommodate two single-unit lots that exceed the minimum lot area requirements of R-1B. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base their decisions in consideration of the extent to which the following criteria have been met: Planning Commission 4 Case No. WZ-24-03 / Brannon Rezone 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The zone change will not result in adverse effects on the surrounding area. The zone change would enable the land to become conforming, meeting the minimum lot size requirements of the underlying zone district which it currently does not. The rezoning would allow for one additional dwelling unit if subdivided. This would be consistent with adjacent land uses. The oversized lot, if subdivided, would result in lots that are comparable in size to adjacent R-1B lots. Staff expects no significant adverse effects on the surrounding area due to the potential final result maintaining the lower density nature of the neighborhood. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. A building permit will be required for any construction on the property, and fire and building codes are required to be met. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Envision Wheat Ridge, the City’s comprehensive plan, identifies this area as a Neighborhood (Exhibit 5, Comprehensive Plan). This designation identifies areas where residents of all ages can live safely and comfortably. Defining characteristics of an established neighborhood in the comprehensive plan are consistent character, mature landscaping, high rates of reinvestment and dwelling ownership, consistent maintenance, and high desirability. City goals that are met with the rezoning proposal include encouraging reinvestment in a property, maintaining consistent character, and creating opportunities for dwelling ownership. Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current A-1 zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. Planning Commission 5 Case No. WZ-24-03 / Brannon Rezone c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. Staff finds no evidence of significant changes in the area. The zone change request from A-1 to R-1B neither responds to nor results in notable change of character. Staff concludes that this criterion is not applicable. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. The proposed rezoning does not relate to an unanticipated community need. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on October 17, 2023. This meeting was advertised and conducted as a virtual meeting on Zoom. Three members of the public attended the virtual meeting in addition to the applicant and staff (Exhibit 4, Neighborhood Meeting Summary). As of the date of distribution of this staff report, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Engineering Division: No comments. If future development occurs, comments will be provided at time of plat for this site. West Metro Fire Protection District: No concerns. Any future development would be referred to the district for review and approval. Xcel Energy: No concerns with rezone. Any future development would be referred to the district for review and approval. Century Link: No comments received. Comcast Cable: No comments received. Planning Commission 6 Case No. WZ-24-03 / Brannon Rezone Consolidated Mutual Water District: No concerns with rezone. Any future development would be referred to the district for review and approval. Westridge Sanitation District: No concerns with rezone. Any future development would be referred to the district for review and approval. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the Comprehensive Plan. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-24-03. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-24-03, a request for approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B) for property located at 10840 W. 41st Place, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of existing neighborhoods. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-24-03, a request for approval of a zone change from Agricultural-One (A-1) to Residential-One B (R-1B) for property located at 10840 W. 41st Place, for the following reasons: 1. …” Planning Commission 7 Case No. WZ-24-03 / Brannon Rezone EXHIBIT 1: AERIAL Planning Commission 8 Case No. WZ-24-03 / Brannon Rezone EXHIBIT 2: ZONING MAP Planning Commission 9 Case No. WZ-24-03 / Brannon Rezone EXHIBIT 3: APPLICANT LETTER Planning Commission 10 Case No. WZ-24-03 / Brannon Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: October 17, 2023 Attending Staff: Alayna Olivas-Loera, Planner II Location of Meeting: Virtual Property Address: 10840 W. 41st Pl. Property Owner(s): Mark Brannon Property Owner(s) Present? Yes Applicant: Mark Brannon Applicant Present? Yes Existing Zoning: Agricultural-One (A-1) Existing Comp. Plan: Neighborhoods Existing Site Conditions: The site located at 10840 W. 41st Place is situated on the south side of W. 41st Place, north of 41st Avenue between Parfet Street and Oak Street. The property is zoned Agricultural-One (A-1). City-owned open space is located immediately north of the site and is also zoned A-1. Adjacent properties to the east, west, and south are zoned Residential-One B (R-1B). The area is predominantly residential in nature. According to the Jefferson County Assessor, the site is approximately 20,778 square feet (.477 acres) in size. The property currently has one 2,058-square foot single-unit dwelling, built in 1909, and multiple accessory structures. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone to R-1B and to subdivide the property into two lots. The existing single-unit dwelling is to remain on the newly created western lot and a new single-unit dwelling is proposed on the newly created eastern lot. The applicant is also proposing to relocate the existing accessory structure on the north side of the property to the new eastern lot and convert it into an ADU. The following is a summary of the neighborhood meeting: • In addition to the applicant and staff, 3 members of the public attended the neighborhood meeting. The participant list is below, which serves as the virtual sign-in sheet. EXHIBIT 4: NEIGHBORHOOD MEETING Planning Commission 11 Case No. WZ-24-03 / Brannon Rezone • Two members of the public spoke at the meeting. • Staff discussed the site, its zoning and future land use. • The applicant and members of the public were informed of the process for the Zone Change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing, if required. The following issues were discussed regarding the Zone Change request and proposed development: • What would the setbacks be for a new house? For R-1B, the front setbacks are 25’, the side setbacks combined must be 15’ with a minimum of 5’ on one side, and the rear setbacks are 10’. • Would it be a spec. house? Yes, it would be built and then sold to someone else. • Would bulk plane apply? Yes, the house can go up the first 15’ but everything taller than that must fit within a 45-degree angle. • What is the max. height allowed? The max. height is 35’. • General concerns with maintaining privacy There is nothing in our code that would require the applicant to help maintain privacy but things like setback requirements, bulk plane, and privacy fences can help. Additionally, the applicant would plan to locate the driveway along the property line which would also help maintain a sense of privacy. • General concerns with potential for increased dust during construction Staff is not majorly concerned with the potential size of the project and the minimal area of land disturbance but the applicant and their construction team should be cognizant of neighboring properties and should always use best construction practices. Any disturbances or nuisances can always be reported to code enforcement with the city’s police department. • Where will the barn be moved to? The barn would be moved to what would be the eastern property line of one of the new lots and it would be reoriented long-ways and sit north-south. • General concerns that if the potential new lot is sold vacant, the lot would be rezoned or used for something denser than a single-unit dwelling When staff evaluate whether or not they can support a zone change, the proposal must meet a set of criteria with one of those criteria ensuring the zone change would not alter or harm the character of the existing area. One of the most compelling reasons staff supports a zone change to R-1B is that it already exists in the neighborhood and the end goals of the applicant would match the character of what is already there. A zone change to anything other than R-1B to support more density would not be supported by staff at this location. • What are the plans for the old house? The existing house is to remain as is and the applicant would like to preserve its historic character. The front porch may be relocated but no other changes are proposed at this time. Participant List: • Kathy Planning Commission 12 Case No. WZ-24-03 / Brannon Rezone • Michael Hossler • Phone number: 303-532-7121 Planning Commission 13 Case No. WZ-24-03 / Brannon Rezone The following in an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 5: COMPREHENSIVE PLAN Subject Property Planning Commission 14 Case No. WZ-24-03 / Brannon Rezone View of the subject property looking southeast from W. 41st Place. (Source: Google Maps November 2022) EXHIBIT 6: SITE PHOTOS View of the subject property looking southwest from W. 41st Place. (Source: Google Maps November 2022) Planning Commission Minutes -4 – April 18, 2024 B.Case No. WZ-24-03: an application filed by Mark Brannon for approval of a zone change from Agriculture-One (A-1) to Residential-One B (R-1B) on property located at 10840 W. 41st Place. Ms. Olivas-Loera gave a short presentation regarding the zone change 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 GRAEVE asked what the process is for a subdivision and how many homes in Wheat Ridge are as old as the one on this property. Ms. Olivas-Loera explained that an application will be submitted, and logical lot layout will be looked at in addition to the minimum development standards being met. She also mentioned that this home is one of the older homes in the city, but it is not uncommon and there are a few in the city. Commissioner QUINN inquired if the barn is going to be moved. Mark Brannon, property owner 9005 W 68th Avenue Mr. Brannon gave a brief history of the structures on the property and mentioned that the barn does not meet the front yard setbacks and to build a new house the barn will have to be moved. In response to a question from Commissioner SCHELKE, Mr. Brannon said the new house he builds will be a reasonable 2-story house and possibly an ADU. Public Comment Vice Chair DISNEY opened the public comment. Kathy Gallagher, resident 10820 W. 41st Place Ms. Gallagher mentioned her property is directly east of said property and is concerned that sunlight to her solar panels will be blocked. Vice Chair DISNEY closed the public comment. Commissioner KERNS explained that a 2-story house will a negligible effect on solar exposure because most of the solar exposure will come from the south. ATTACHMENT 3 Planning Commission Minutes -5 – April 18, 2024 Commissioner HOLUB asked if per code that neighborhood will still be preserved with a 2-story house. Ms. Olivas-Loera mentioned that per the development standards the height limit is 35 feet and there are bulk plane requirements in place. Vice Chair DISNEY closed the public hearing. It was moved by Commissioner QUINONES and seconded by Commissioner QUINN to recommend approval of Case No. WZ-24-03, a zone change from Agricultural-One (A-1) to Residential-One B (R-1B) for property located at 10840 W. 41st Place, for the following reasons: 1.The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2.Utility infrastructure adequately services the property. 3.The proposed zone change is consistent with the goals and objectives of the City’s Comprehensive Plan and consistent with the character of existing neighborhoods. 4.The zone change will provide additional opportunity for reinvestment in the area. 5.The criteria used to evaluate a zone change supports the request.” Motion carried 8-0. 8.OLD BUSINESS 9.NEW BUSINESS A.Election of Officers Commissioner DISNEY was elected as Chair. Commissioner QUINN was elected as Vice Chair. B.Upcoming Dates Ms. Easley mentioned that there will be a City Plan Update at the May 2 meeting, and there will be Planning Commission training at the May 16 meeting. C.Project and Development Updates No updates currently. D.Commissioner Updates ITEM NO: 3 DATE: June 10, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2024 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT PARCEL ID 39-193-01-010 FROM AGRICULTURAL-ONE (A-1) TO INDUSTRIAL-EMPLOYMENT (I-E) (CASE NO. WZ-24-04) PUBLIC HEARING ORDINANCES FOR 1ST READING (05/13/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/10/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The subject property is an isolated parcel at the far northwest corner of the City near 44th Avenue and Holman Street. Cogent Companies, is requesting approval of a zone change from Agricultural-One (A-1) to Industrial Employment (I-E) to allow the site to be utilized for outdoor storage. The zone change will result in a zoning designation that would allow for use of the property unless and until it is developed as right-of-way. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on April 18, 2024, and recommended approval with conditions. The staff report and a copy of the draft Planning Commission minutes are attached. City Council approved this ordinance on first reading on May 13, 2024. A motion was made by Councilmember Dozeman and seconded by Councilmember Ohm and was approved by a vote of 8 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Council Action Form – Proposed Rezoning at Parcel ID 39-193-01-010 June 10, 2024 Page 2 BACKGROUND: The property is located on the north side of Highway 58, south of W. 44th Avenue. According to the Jefferson County Assessor, the site is approximately 187,849 square feet (4.132 acres). The property is owned by Longs Peak Metro District (LPMD) and is currently vacant. The applicant, Cogent Companies, currently owns and occupies the adjacent property to the east at 14452 W. 44th Avenue. Should the zone change be approved, they intend to lease the subject property from LPMD and utilize the site for outdoor storage related to their current operations. The subject parcel and this zone change request relates to the history of Clear Creek Crossing. The Clear Creek Crossing project dates back almost 20 years. In 2006, Cabela’s and Coors owned much of the land, and development was proposed to span both sides of Clear Creek. In the original proposal, development would have required significant infrastructure investments, including a hook ramp on I-70 (the one that was recently constructed) and also a hook ramp on Highway 58 (where the subject site is located). Conceptual infrastructure plans were developed including state and federal review and environmental clearances; the infrastructure plans were approved by the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FWHA) in 2007. LPMD is the metro district responsible for building and maintaining much of the infrastructure associated with Clear Creek Crossing. LPMD acquired the subject parcel in 2008 to fulfill the approved plans. Several parcels including the subject property were annexed from unincorporated Jefferson County into the City in 2008 and 2009. When the City annexes land, they are also required to assign zoning to the property because the City’s zoning designations differ from the County’s. When City Council approved annexation of the subject parcel in March 2009, they also approved a zoning designation of Agricultural-One (A-1). The subject site was the last piece of land required to build a roadway through Clear Creek Crossing from W. 32nd Avenue to W. 44th Avenue. The A-1 zoning made sense for the subject parcel at the time, because the entire parcel was intended to be dedicated as right-of-way and constructed as roadway. The 2009 staff report notes, “The intended use of the property is for infrastructure improvements for the completion of Cabela Drive [now Clear Creek Drive] and the new interchange. […] Because there will be no associated private property development, an annexation agreement has not been required.” By 2014, it became apparent that the infrastructure needs associated with Clear Creek Crossing were becoming cost prohibitive. Cabela’s sold their land, and the vision for the development evolved from big box anchors to a mix of uses. The infrastructure designs were formally re- evaluated by the City, CDOT, and FHWA; and revised road design and development plans were approved with a phasing plan. This phasing is reflected in the development that exists today—in the current phase, development was limited to the south side of Clear Creek and only the hook ramp at I-70 was required to be constructed. If the north side of Clear Creek is proposed to be developed as a future phase or if trip generation exceeds a certain threshold on the south side, then additional infrastructure at Highway 58 will be required including on the subject parcel. Council Action Form – Proposed Rezoning at Parcel ID 39-193-01-010 June 10, 2024 Page 3 For this reason, the subject parcel remains under the ownership of LPMD, but it has not yet been dedicated as right-of-way nor have any infrastructure investments been made north of Clear Creek. This zone change is proposed as an interim condition, allowing limited productive use of the property until such time the original intent of the annexation is fulfilled. Current Zoning The property is currently zoned Agricultural-One (A-1). It is situated in the northwesternmost corner of the City and is surrounded by properties within unincorporated Jefferson County. Adjacent uses are light industrial to the east and west, and residential and commercial to the north. Highway 58 abuts the south side of the property. The A-1 zone district does not allow outside storage. Proposed Zoning The applicant is requesting the property be rezoned to Industrial Employment (I-E), a zone district intended to allow for light industrial and commercial uses that support employment. The I-E zoning is the only zone district that allows outside storage. Surrounding parcels are in Jefferson County and are zoned Industrial-One and Planned Development, with light and medium intensity industrial uses. The applicant intends to rezone the property to allow for outdoor storage related to their current business located immediately adjacent to the east. The applicant states that the parcel has been vacant since it was originally annexed and that LPMD is seeking to put the site to use by leasing it to the applicant for outside storage until such time it is needed for ROW improvements. In consultation with the City Attorney, staff recommends the zone change be conditioned upon the following, and the Planning Commission motion included a recommendation of approval with these conditions: 1. No vertical construction would be permitted; outdoor storage and appropriate screening would be the only permitted uses. 2. A development agreement running with the land will be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. The limit on vertical development will help to reinforce the original annexation intent which stated there would be no private development. Further, the parcel was never anticipated to be a developable lot. The City would require that LPMD draft and sign the development agreement that would need to include the following elements: • Limits on use, • Limits on permanent development, • Requirements to dedicate the subject parcel as right-of-way at no charge to the City or CDOT upon the need for infrastructure investments, and • Requirements that these conditions run with the land and apply to successor and assigns. Council Action Form – Proposed Rezoning at Parcel ID 39-193-01-010 June 10, 2024 Page 4 This approach allows appropriate economic use of the land while protecting the City’s long-term interests and honoring the original intent of the annexation. While conditional zone changes are rare in Wheat Ridge, they are not precluded by code and this unique situation warrants a unique approach. A full analysis of the zone change criteria is provided in the Planning Division staff report which is Attachment 3. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 09-2024, an ordinance approving the rezoning of property located at Parcel ID 39-193-01-010 from Agricultural-One (A-1) to Industrial-Employment (I-E) on second reading, order it published, that it takes effect 15 days after final publication, and with the following conditions: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land shall be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of- way at no cost.” Or, “I move to deny Council Bill No. 29-2023, an ordinance approving the rezoning of property located at Parcel ID 39-193-01-010 from Agricultural-One (A-1) to Industrial-Employment (I-E) for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning does not comply with the criteria for review in Section 26-112.E of the Code of Laws for the reasons expressed in the record and the statements of Councilmembers voting against the application. 3. …” Council Action Form – Proposed Rezoning at Parcel ID 39-193-01-010 June 10, 2024 Page 5 REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 09-2024 2. Draft Development Agreement with LPMD 3. Planning Commission Staff Report 4. Planning Commission Meeting Minutes (04/18/24) ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER DOZEMAN COUNCIL BILL NO. 09 ORDINANCE NO. 1794 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT PARCEL ID 39-193-01-010 FROM AGRICULTURAL-ONE (A-1) TO INDUSTRIAL-EMPLOYMENT (I-E) (CASE NO. WZ-24-04) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Cogent Companies has submitted a land use application for approval of a zone change to the Industrial-Employment (I-E) zone district for property located at Parcel ID 39-193-01-010; and WHEREAS, the proposed zone change is appropriate in response to a change in conditions in the area and would allow for a better and more productive use of the land; and WHEREAS, a rezoning to I-E would enable the land to further achieve the city’s current comprehensive plan goals to encourage employment-generating uses in the area by allowing the adjacent property to utilize it for their needs; and WHEREAS, no vertical construction would be permitted; outdoor storage and appropriate screening would be the only permitted uses; and WHEREAS, a development agreement signed by Longs Peak Metro District will be required which would limit use, limit permanent development, require the subject parcel be dedicated as right-of-way at no charge to the City or CDOT upon the need for infrastructure investments, and require that these conditions run with the land and apply to successor and assigns; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on April 18, 2024, and recommended approval of rezoning the property to Industrial-Employment (I-E). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Agricultural-One (A-1) to Industrial-Employment (I-E) for property located at Parcel ID 39-193-01-010, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL 26 A TRACT OR PARCEL OF LAND NO. 26 OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT NO.CC 0581-009 CONTAINING 1.762 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S60º06’12”E, 771.39 FEET TO THE POINT OF BEGINNING; THENCE N87º38’11”E, 249.89 FEET TO THE EAST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973 IN THE JEFFERSON COUNTY CLERK AND RECORDER’S OFFICE; THENCE S00º22’07”E, 124.20 FEET ALONG SAID EAST BOUNDARY LINE TO THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 58 AS DESCRIBED IN THAT DOCUMENT RECORDED IN BOOK 2230, PAGE 219, AND BOOK 2116, PAGE 162, AT RECEPTION NUMBERS 334132 AND 400712, RESPECTIVELY, IN SAID OFFICE; THENCE S80º35’52”W, 929.79 FEET ALONG SAID NORTHERLY RIGHT-OF- WAY LINE TO THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE N00º10’06”W, 35.52 FEET ALONG SAID WEST LINE; THENCE N79º47’27”E, 403.08 FEET; THENCE N59º33’17”E, 313.45 FEET TO THE POINT OF BEGINNING, CONTAINING 76,772 SQUARE FEET OR 1.762 ACRES, MORE OR LESS. PARCEL 26A A TRACT OR PARCEL OF LAND NO. 26A OF THE DEPARTMENT OF TRANSPORTATION, STATE OF COLORADO, PROJECT NO. CC 0581-009 CONTAINING 1.832 ACRES, MORE OR LESS, IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO SAID TRACT OR PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S60º06’12”E, 771.39 FEET TO THE POINT OF BEGINNING; THENCE N14º08’29”E, 160.48 FEET; THENCE N00º12’55”W, 187.99 FEET; THENCE S89º30’00”W, 290.63 FEET THENCE N00º53’40”W, 9.92 FEET TO THE NORTH BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED IN BOOK 50, PAGE 31, AT RECEPTION NUMBER 76830328, ALSO BEING THE NORTH BOUNDARY LINE OF ASPHALT PAVING SUBDIVISION, FILING NO. 1 IN THE JEFFERSON COUNTY CLERK AND RECORDER’S OFFICE; THENCE N89º06’21”E, 499.77 FEET ALONG THE NORTH BOUNDARY LINE OF ASPHALT PAVING SUBDIVISION, FILING NO. 1 TO THE EAST BOUNDARY LINE OF SAID SUBDIVISION; THENCE S00º22’07”E, 348.49 FEET ALONG SAID EAST BOUNDARY LINE OF SAID SUBDIVISION; THENCE S87º38’11”W, 249.89 FEET TO THE POINT OF BEGINNING, CONTAINING 79,797 SQUARE FEET OR 1.832 ACRES, MORE OR LESS. PARCEL AC-26 EACH AND EVERY RIGHT OR RIGHTS OF ACCESS OF THE GRANTOR TO AND FROM ANY PART OF THE RIGHT-OF-WAY OF COLORADO STATE HIGHWAY NO. 58, A FREEWAY ESTABLISHED ACCORDING TO THE LAWS OF THE STATE OF COLORADO, AND FROM AND TO ANY PART OF THE REAL PROPERTY OF THE GRANTOR IN THE SOUTHWEST 1/4 OF SECTION 19, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO ABUTTING UPON SAID HIGHWAY, ALONG OR ACROSS THE ACCESS LINES DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S00º10’06”E, ALONG THE WEST LINE OF SAID NORTHWEST ¼, 650.28 FEET TO THE POINT OF BEGINNING; THENCE N00º10’06”W, 35.52 FEET ALONG SAID WEST LINE; THENCE N79º47’27”E, 403.08 FEET; THENCE N59º33’17”E, 313.45 FEET; THENCE N14º08’29”E, 160.48 FEET; THENCE N00º12’55”W, 187.99 FEET; ALSO COMMENCING AT THE WEST 1/4 CORNER OF SAID SECTION 19, WHENCE THE NORTHWEST CORNER OF SAID SECTION 19 BEARS N00º03’10’W ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 2,638.99 FEET, THENCE S88º23’34”E, TO THE WEST BOUNDARY LINE OF THAT PARCEL OF LAND DESCRIBED AT RECEPTION NUMBER 2006065973 IN THE JEFFERSON COUNTY CLERK & RECORDER’S OFFICE; THENCE S00º22’07”E, 348.49 FEET ALONG SAID WEST LINE. Section 2. Conditional Approval. Approval of this zone change is conditioned upon the following: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land shall be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. Section 3. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 4. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability: Conflicting Ordinance Repealed. If any section, subsection, or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 7. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of May 2024, ordered published by title and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for Monday, June 10, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this 10th day of June, 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 Dahl, City Attorney 1st publication: May 14, 2024 2nd publication: June 11, 2024 Jeffco Transcript: Effective Date: June 26, 2024 DEVELOPMENT AGREEMENT THIS DEVELOPMENT AGREEMENT (this “Agreement”) is made as of June 10, 2024 (the “Effective Date”), by and between the CITY OF WHEAT RIDGE, COLORADO, a home rule municipal corporation (the "City"), and LONGS PEAK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado, (the “Developer”), together referred to as the “Parties.” RECITALS A. The Developer is the owner of certain real property located in the City of Wheat Ridge, which is more particularly described in Exhibit A and made a part hereof (the “Property”), commonly known as Jefferson County State Parcel No. 39-193-01-010. B. On ________________, 2024, Cogent Companies, Inc., as authorized representative for Developer filed an application for Rezoning of the Property from Agricultural –One (A-1) to Industrial-Employment (I-E). C. On ______________, 2024, the Planning Commission of the City of Wheat Ridge, after holding all required public hearings, recommended approval of the Rezoning Application subject to the following conditions: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land with be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. D. On ________________, the City Council of the City of Wheat Ridge approved Ordinance No ___, Series 2024, a copy of which is attached hereto as Exhibit B, which ordinance approved the Rezoning with the two conditions recommended by the Planning Commission. This Agreement is a condition of the Rezoning Application approval. E. The Rezoning approval cited above is contingent upon the express condition that all duties created by this Agreement be faithfully performed by the Developer. AGREEMENT NOW, therefore, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which are mutually acknowledged, the Parties hereto agree as follows: 1. Purpose. The purpose of this Agreement is to set forth certain terms, conditions in connection with the Rezoning and site development of the Property. All conditions contained herein are in addition to any and all requirements of the City of Wheat Ridge Zoning Ordinance, the City of Wheat Ridge Charter, any and all state statutes, and any other sections of the City of Wheat Ridge Municipal Code (collectively, the “City Requirements”) and are not intended to ATTACHMENT 2 2 supersede any requirements contained therein. Notwithstanding anything contained in this Agreement to the contrary, in case of any conflict between the express terms of the City Council Ordinance approving the Rezoning Application, this Agreement and the City Requirements, the Agreement shall control. Notwithstanding anything contained in this Agreement to the contrary, if and to the extent an item is not addressed in the City Requirements, then in case of any conflict between the express terms of this Agreement and the City Requirements, this Agreement shall control in all respects. 2. Related City Agreements and Approvals. The Property was annexed into the City by way of a 2009 Ordinance No. 1437, Ordinance Approving the Annexation of Certain Territory to the City of Wheat Ridge, Colorado (Case No. ANX-08-03/Long’s Peak Metropolitan District). 3. Fees and Taxes. The Developer hereby agrees to pay all related City development fees for the Rezoning and any site plan required for use of the Property. 4. Limitations on Use of Property. No permanent development shall occur on the Property. No vertical construction is permitted. Outdoor storage and appropriate screening are the only permitted uses on the Property. 5. Future Dedication of the Property by Developer. The annexation of the Property into the City was made with the intention that the Property be used for public roadway and/or right-of-way. Should the roadway project return to active status or another public use is identified for the Property, the City must provide Notice to Developer 240 days in advance that the Property is needed for design and construction of public improvements and the Developer shall make the Property available for construction at the end of the Notice period. In the course of such roadway construction, Developer will dedicate the Property to the City or to the Colorado Department of Transportation (“CDOT”) as may be required for public improvements development. Such dedication shall be at no charge to the City or CDOT, as may be applicable. 6. Breach by the Developer; the City's Remedies. In the event of a breach of any of the terms and conditions of this Agreement by the Developer, the City Council shall be notified immediately and the City may, following the requisite notice and cure as provided below, take such action as permitted and/or authorized by law, this Agreement, or the ordinances and Charter of the City as the City deems necessary to protect the public health, safety and welfare. These remedies include, but are not limited to: (a) The revocation of any site plan approved for Developer, (b) An injunction against unauthorized construction upon or unauthorized use of the Property, or (c) Any other remedy available at law or in equity. Unless necessary to protect the immediate health, safety and welfare of the City, the City shall provide the Developer thirty (30) days written notice of its intent to take any action under this paragraph during which thirty-day period the Developer may cure the breach described in the notice. Notwithstanding the foregoing, if such breach or noncompliance cannot be reasonably cured within such thirty (30)-day period, Developer shall be granted such additional time as is 3 reasonably necessary provided that Developer good faith commences to cure such breach or noncompliance within such thirty (30)-day period and thereafter diligently completes such cure in good faith within ninety (90) days after such notice from the City unless the City and Developer otherwise agree to a longer cure period. 7. Waiver of Defects. In executing this Agreement, the Developer waives all objections it may have concerning defects, if any, in the formalities whereby it is executed, or concerning the power of the City to impose conditions on the Developer as set forth herein, and concerning the procedure, substance, and form of the ordinances or resolutions adopting this Agreement. 8. Third Party Beneficiaries. There are and shall be no third-party beneficiaries to this Agreement except the Rezoning Applicant, Cogent Companies, Inc., so long as Cogent Companies, Inc. is lessee of the Property. 9. Modifications. This instrument embodies the whole agreement of the Parties. There are no promises, terms, conditions, or obligations other than those contained herein; and this Agreement shall supersede all previous communications, representations, or agreements, either verbal or written, between the Parties. There shall be no modification of this Agreement except in writing, executed with the same formalities as this instrument. Subject to the conditions precedent herein, this Agreement may be enforced in any court of competent jurisdiction. 10. Release of Liability. It is expressly understood that the City cannot be legally bound by the representations of any of its agents or their designees except in accordance with the City of Wheat Ridge Code of Ordinances and the laws of the State of Colorado. 11. Captions. The captions to this Agreement are inserted only for the purpose of convenient reference and in no way define, limit, or prescribe the scope or intent of this Agreement or any part thereof. 12. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors, and assigns as the case may be. 13. No Waiver. No waiver of any of the provisions of this Agreement shall be deemed or constitute a waiver of any other provisions herein, nor shall such waiver constitute a continuing waiver unless otherwise expressly provided, nor shall the waiver of any default hereunder be deemed a waiver of any subsequent default hereunder. 14. Invalid Provision. If any provision of this Agreement shall be determined to be void by any court of competent jurisdiction, then such determination shall not affect any other provision hereof, all of the other provisions shall remain in full force and effect. It is the intention of the Parties that if any provision of this Agreement is capable of two constructions, one of which would render the provision void, and the other which would render the provision valid, then the provision shall have the meaning which renders it valid. 4 15. Governing Law. The laws of the State of Colorado shall govern the validity, performance, and enforcement of this Agreement. Should either party institute legal suit or action for enforcement of any obligation contained herein, venue of such suit or action shall be in Jefferson County, Colorado. 16. Attorneys Fees. In the event that a Party institutes any legal suit, action, or proceeding, including arbitration, against another Party in respect of a matter arising out of or relating to this Agreement, the prevailing Party in the suit, action, or proceeding shall be entitled to receive, in addition to all other damages to which it may be entitled, the costs incurred by such Party in conducting the suit, action, or proceeding, including reasonable attorneys' fees and expenses and court costs. 17. Notice. All notices required under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified mail, return receipt requested, postage prepaid, to the addresses of the Parties herein set forth. All notices so given shall be considered effective upon receipt. Either Party by notice so given may change the address to which future notices shall be sent. Notice to Developer: Longs Peak Metropolitan District 7400 E. Orchard Road, Suite 3300 Greenwood Village, Colorado 80111 Russell Newton, Esq. Seter, Vander Wall & Mielke, P.C. 7400 E. Orchard Road, Suite 3300 Greenwood Village, Colorado 80111 With a copy to Cogent Companies, Inc.: Kathryn T. James, Esq. Folkestad Fazekas Barrick & Patoile, P.C. 18 South Wilcox Street, Suite 200 Castle Rock, Colorado 80104 Counsel for Cogent Companies, Inc. Notice to City: Community Development Director 7500 West 29th Avenue Wheat Ridge, CO 80033 City Attorney 7500 West 29th Avenue Wheat Ridge, CO 80033 5 18. Force Majeure. For purposes hereof, “Force Majeure” shall mean delay beyond the reasonable control of the party claiming the delay, including, but not limited to, acts of God, any delay caused by any action, inaction, order, ruling, moratorium, regulation, statute, condition or other decision of any governmental or quasi-governmental agency or entity having jurisdiction over any portion of the Property, or by fire, casualty, flood, adverse weather conditions such as, by way of illustration and not limitation, wind, snow storms or prolonged moisture which prevent outdoor work from being accomplished, severe rain storms or below freezing temperatures of abnormal degree or for an abnormal duration, tornadoes, earthquakes, floods, strikes, lockouts or other labor or industrial disturbance (whether or not on the part of agents or employees of either Party hereto, civil disturbance, order of any government, court or regulatory body claiming jurisdiction or otherwise, act of public enemy, war, riot, sabotage, blockage, embargo, failure or inability to secure materials or labor (including labor and materials shortages caused by national weather or other national events), or other natural or civil disaster, delays caused by any dispute resolution process provided herein, or any delays by injunctions or lawsuits concerning the overall project. Lack of funds or inability to obtain internal approvals shall not constitute Force Majeure. 19. Recording of Agreement. This Agreement shall be recorded in the real estate records of Jefferson County and shall be a covenant running with the Property in order to put prospective purchases or other interested parties on notice as to the terms and provisions hereof and to bind future successors and assigns to the terms herein. 20. Title and Authority. The Developer expressly warrants and represents to the City that it is the sole record owner of the property constituting the Property and further represents and warrants that Developer has full power and authority to enter into this Development Agreement. The Developer and the undersigned individual(s) understand that the City is relying on such representations and warranties in entering into this Agreement. WHEREFORE, the Parties hereto have executed this Agreement on the day and year first above written. [Remainder of Page Intentionally Left Blank] 6 CITY OF WHEAT RIDGE, COLORADO By: _______________________________ Bud Starker, Mayor ATTEST: _____________________________ Margy Greer, Sr. Deputy City Clerk APPROVED AS TO FORM: ____________________________ Gerald Dahl, City Attorney 7 DEVELOPER LONGS PEAK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: _______________________ Name: Tyler Carlson Its: President ATTEST: By:_________________________ Name: Its: Secretary 8 EXHIBIT A Legal Description of Developer Property [attached] 9 EXHIBIT B Ordinance No ___, Series 2024 [attached] Planning Commission 1 Case No. WZ-24-04 / Cogent CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: April 18, 2024 (Planning Commission) / June 10, 2024 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner II CASE NO. & NAME: WZ-24-04 / Cogent ACTION REQUESTED: Request for approval of a zone change from Agricultural-One (A-1) to Industrial-Employment (I-E). LOCATION OF REQUEST: Parcel ID 39-193-01-010, immediately west of 14452 W. 44th Avenue APPLICANT (S): Cogent Companies OWNER (S): Longs Peak Metro District APPROXIMATE AREA: 187,849 square feet (4.132 acres) PRESENT ZONING: Agricultural-One (A-1) COMPREHENSIVE PLAN: Employment ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map ATTACHMENT 3 Planning Commission 2 Case No. WZ-24-04 / Cogent JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Cogent Companies is requesting approval of a zone change from Agricultural-One (A-1) to Industrial Employment (I-E) to allow the site to be utilized for outdoor storage. The zone change will result in a zoning designation that would allow for use of the property unless and until it is developed as right-of- way. The subject property has a unique history and was originally annexed into the city for the specific purpose of accommodating a new hook ramp between Highway 58 and W. 44th Avenue to support development of Clear Creek Crossing north of the creek. To date, the property has not been dedicated as right-of-way or improved because development at Clear Creek Crossing has only occurred south of the creek. Because of the original intent of the property and potential for roadway improvements to still take place in the future, staff is recommending conditions be placed on the zoning, should the zone change be approved. II. EXISTING CONDITIONS The property is located on the north side of Highway 58, south of W. 44th Avenue (Exhibit 1, Aerial). According to the Jefferson County Assessor, the site is approximately 187,849 square feet (4.132 acres). The property is owned by Longs Peak Metro District (LPMD) and is currently vacant. The property is currently zoned Agricultural-One (A-1) (Exhibit 2, Zoning Map). It is situated in the northwesternmost corner of the City and is surrounded by properties within unincorporated Jefferson County. Adjacent uses are light industrial to the east and west, and residential and commercial to the north (Exhibit 3, Jefferson County Zoning Map). Highway 58 abuts the south side of the property. The applicant, Cogent Companies, currently owns and occupies the adjacent property to the east at 14452 W. 44th Avenue. Should the zone change be approved, they intend to lease the subject property from LPMD and utilize the site for outdoor storage related to their current operations. The subject parcel and this zone change request relates to the history of Clear Creek Crossing. The Clear Creek Crossing project dates back almost 20 years. In 2006, Cabela’s and Coors owned much of the land, and development was proposed to span both sides of Clear Creek. In the original proposal, development would have required significant infrastructure investments, including a hook ramp on I- 70 (the one that was recently constructed) and also a hook ramp on Highway 58 (where the subject site is located). Conceptual infrastructure plans were developed including state and federal review and environmental clearances; the infrastructure plans were approved by the Colorado Department of Transportation (CDOT) and the Federal Highway Administration (FWHA) in 2007. LPMD is the metro district responsible for building and maintaining much of the infrastructure associated with Clear Creek Crossing. LPMD acquired the subject parcel in 2008 to fulfill the approved plans. Several parcels including the subject property were annexed from unincorporated Jefferson County into the City in 2008 and 2009 (Exhibit 4, 2009 Annexation Map). Planning Commission 3 Case No. WZ-24-04 / Cogent When the City annexes land, they are also required to assign zoning to the property because the City’s zoning designations differ from the County’s. When City Council approved annexation of the subject parcel in March 2009, they also approved a zoning designation of Agricultural-One (A-1). The subject site was the last piece of land required to build a roadway through Clear Creek Crossing from W. 32nd Avenue to W. 44th Avenue. The A-1 zoning made sense for the subject parcel at the time, because the entire parcel was intended to be dedicated as right-of-way and constructed as roadway. The 2009 staff report notes, “The intended use of the property is for infrastructure improvements for the completion of Cabela Drive [now Clear Creek Drive] and the new interchange. […] Because there will be no associated private property development, an annexation agreement has not been required.” By 2014, it became apparent that the infrastructure needs associated with Clear Creek Crossing were becoming cost prohibitive. Cabela’s sold their land, and the vision for the development evolved from big box anchors to a mix of uses. The infrastructure designs were formally re-evaluated by the City, CDOT, and FHWA; and revised road design and development plans were approved with a phasing plan. This phasing is reflected in the development that exists today—in the current phase, development was limited to the south side of Clear Creek and only the hook ramp at I-70 was required to be constructed. If the north side of Clear Creek is proposed to be developed as a future phase or if trip generation exceeds a certain threshold on the south side, then additional infrastructure at Highway 58 will be required including on the subject parcel. For this reason, the subject parcel remains under the ownership of LPMD, but it has not yet been dedicated as right-of-way nor have any infrastructure investments been made north of Clear Creek. This zone change is proposed as an interim condition, allowing limited productive use of the property until such time the original intent of the annexation is fulfilled. III. PROPOSED ZONING The applicant is requesting the property be rezoned to Industrial Employment (I-E), a zone district intended to allow for light industrial and commercial uses that support employment. The I-E zoning is the only zone district that allows outside storage. As noted above, the current zone district, A-1, was established at annexation. Surrounding parcels are in Jefferson County and are zoned Industrial-One and Planned Development, with light and medium intensity industrial uses. The applicant intends to rezone the property to allow for outdoor storage related to their current business located immediately adjacent to the east. The applicant states that the parcel has been vacant since it was originally annexed and that LPMD is seeking to put the site to use by leasing it to the applicant for outside storage until such time it is needed for ROW improvements (Exhibit 5, Applicant Letter). In consultation with the City Attorney, staff recommends the zone change be conditioned upon the following: 1. No vertical construction would be permitted; outdoor storage and appropriate screening would be the only permitted uses. 2. A development agreement running with the land will be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. Planning Commission 4 Case No. WZ-24-04 / Cogent The limit on vertical development will help to reinforce the original annexation intent which stated there would be no private development. Further, the parcel was never anticipated to be a developable lot. The City would require that LPMD draft and sign the development agreement that would need to include the following elements: • Limits on use, • Limits on permanent development, • Requirements to dedicate the subject parcel as right-of-way at no charge to the City or CDOT upon the need for infrastructure investments, and • Requirements that these conditions run with the land and apply to successor and assigns. This approach allows appropriate economic use of the land while protecting the City’s long-term interests and honoring the original intent of the annexation. While conditional zone changes are rare in Wheat Ridge, they are not precluded by code and this unique situation warrants a unique approach. IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission shall base its recommendation in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The zone change would not result in significant adverse effects on the surrounding area. The site is currently surrounded by similar light industrial uses and would be utilized by an existing business immediately adjacent which is currently operating and has been for several years. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. No utilities are planned for the outside storage use. Adequate infrastructure/facilities are available to serve the property for outdoor storage. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate for a future use, the property owner/developer would be responsible for utility upgrades. A site plan review will be required for the future development of the site for outdoor storage, and will ensure compliance with current codes, as well as the Fire Code. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. Planning Commission 5 Case No. WZ-24-04 / Cogent Staff concludes that this criterion is not applicable. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. As described above, the original intent for the property was for the construction of roadway improvements which would have accommodated the previously planned Cabela’s development. The original annexation and zoning assignment to A-1 anticipated the Cabela’s development being completed; therefore, no alternative plans for the site were created. The proposed zone change is appropriate in response to a change in conditions in the area. The construction of roadway improvements has not occurred as originally planned and is not anticipated in the near future, and this proposed zone change acknowledges the changed conditions and would allow for a better and more productive use of the land. Additionally, the zone change would enable the land to further achieve the city’s current comprehensive plan goals to encourage employment-generating uses in the area by allowing the adjacent property to utilize it for their needs. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. Staff concludes that this criterion is not applicable. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, a neighborhood input meeting is required in accordance with the requirements of section 26-109. A meeting for neighborhood input was held on February 7, 2024. Six members of the public attended the meeting in addition to the applicant and staff. Questions about future use of the property, the site planning process, and conditions of the rezone were asked (Exhibit 6, Neighborhood Meeting Notes). As of the date of distribution of this staff report, the City has not received additional comments or inquiries from surrounding property owners. VI. AGENCY REFERRAL Planning Commission 6 Case No. WZ-24-04 / Cogent All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Public Works Department: No comments. Jefferson County Planning and Zoning: No comments. Fairmount Fire District: No concerns. Xcel Energy: No concerns. Any subsequent land use applications will be referred out to external agencies for review. North Table Mountain Water District: No concerns. Any subsequent land use applications will be referred out to external agencies for review. North Table Mountain Sanitation District: No concerns. Any subsequent land use applications will be referred out to external agencies for review. Century Link: No comments. Comcast Cable: No comments. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zoning designation promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that the proposed zone change is appropriate in response to a change in character of the area where the construction of roadway improvements is not anticipated at this time. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-24-04. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-24-04, which is a request for approval of a zone change from Agricultural-One (A-1) to Industrial-Employment (I-E) at Parcel ID 39-193-01-010, for the following reasons: 1. The proposed zoning will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure can adequately service the property. 3. The proposed zone change is responding to a change of character in the area. 4. The proposed zone change is consistent with the City’s Comprehensive Plan. 5. The zoning designation is appropriate and compatible with the adjacent designations on private property. Planning Commission 7 Case No. WZ-24-04 / Cogent And with the following conditions: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land will be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost.” Option B: “I move to recommend DENIAL of Case No. WZ-24-04, which is a request for approval of a zone change from Agricultural-One (A-1) to Industrial-Employment (I-E) at Parcel ID 39-193-01-010, for the following reasons: 1. 2. …” Planning Commission 8 Case No. WZ-24-04 / Cogent EXHIBIT 1: AERIAL Planning Commission 9 Case No. WZ-24-04 / Cogent EXHIBIT 2: ZONING MAP Planning Commission 10 Case No. WZ-24-04 / Cogent EXHIBIT 3: UNINCORPORATED JEFFERSON COUNTY ZONING Planning Commission 11 Case No. WZ-24-04 / Cogent _ EXHIBIT 4: 2009 ANNEXATION MAP City of Wheat Ridge Boundary Annexation Boundary Planning Commission 12 Case No. WZ-24-04 / Cogent City of Wheat Ridge Boundary Annexation Boundary Planning Commission 13 Case No. WZ-24-04 / Cogent EXHIBIT 5: APPLICANT LETTER Planning Commission 14 Case No. WZ-24-04 / Cogent Planning Commission 15 Case No. WZ-24-04 / Cogent Planning Commission 16 Case No. WZ-24-04 / Cogent Planning Commission 17 Case No. WZ-24-04 / Cogent NEIGHBORHOOD MEETING NOTES Meeting Date: February 7, 2024 Attending Staff: Alayna Olivas-Loera, Planner II Location of Meeting: Virtual Property Address: Parcel ID 39-193-01-010 Property Owner(s): Longs Peak Metropolitan District Property Owner(s) Present? No Applicant: Katie James Applicant Present? Yes Existing Zoning: Agricultural-One (A-1) Existing Comp. Plan: Employment Existing Site Conditions: The property is located on the north side of Highway 58, south of W. 44th Avenue. The property is currently zoned Agricultural-One (A-1). It is situated in the northwesternmost corner of the City and is surrounded by properties located within the bounds of unincorporated Jefferson County. According to the Jefferson County Assessor, the site is approximately 187,849 square feet (4.132 acres). The property is owned by Longs Peak Metro District (LPMD) and is currently vacant. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property to Industrial-Employment (I-E) to allow the site to be utilized for outdoor storage. The following is a summary of the neighborhood meeting: • In addition to the applicant team and staff, 6 members of the public attended the neighborhood meeting. The participant list is below, which serves as the virtual sign-in sheet. • 2 members of the public spoke at the meeting. • Staff discussed the site, its zoning and future land use. • The applicant and members of the public were informed of the process for the zone change. EXHIBIT 6: NEIGHBORHOOD MEETING Planning Commission 18 Case No. WZ-24-04 / Cogent • The members of the public were informed of their opportunity to make comments during the process and at the public hearing. • What are the boundaries of the lease, will it include the whole property? Applicant: Yes, the lease will apply to the whole property but exclude ROW which cannot be used for the storage. • Concerns about safety and theft, would like a fence to be put up. Staff: A fence will already be required for the outdoor storage use as part of the code’s screening requirements. • What will be stored on the property? Applicant: The applicant is in the water distribution industry, based on other sites, it will primarily be large pipes. • Will lighting be installed? Don’t want bright lights. Applicant: Yes, but specifics on lighting have yet to be determined. • Will a larger entrance be installed on 44th? Applicant: Site specifics and layout/design of the site is yet to be determined. The applicant intends to work with the City to meet all of their access requirements. • If the property changed hands, could it be used for other things? Applicant: No. If the zone change is approved, it will be approved conditionally that the property may only be used for outdoor storage. No vertical construction or development will be permitted, and these conditions will run with the land, regardless of owner. Additionally, a development agreement will be put in place that states the outdoor storage use must cease at a moment’s notice should the City get the land dedicated as ROW. Participant List: Planning Commission 19 Case No. WZ-24-04 / Cogent EXHIBIT 7: SITE PHOTOS This is a view of the subject property looking south from W. 44th Avenue. Source: Google Street View This is a view of the subject property looking southeast from W. 44th Avenue. The applicant’s property and building can be seen to the left. Source: Google Street View Planning Commission 20 Case No. WZ-24-04 / Cogent This is a view of the subject property looking north from Highway 58. The applicant’s property and building can be seen to the right. Source: Google Street View Planning Commission Minutes -1 – April 18, 2024 PLANNING COMMISSION Minutes of Meeting April 18, 2024 1.CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair DISNEY at 6:30 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 Daniel Graeve Krista Holub Will Kerns Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Commission Members Absent: Staff Members Present: Jana Easley, Planning Manager Alayna Olivas-Loera, Planner II 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 – March 21, 2024 It was moved by Commissioner QUINN and seconded by Commissioner SCHELKE to approve the minutes of March 21, 2024, as written. Motion carried 7-0-1 with Commissioner GRAEVE 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 4 Planning Commission Minutes - 2 – April 18, 2024 7. PUBLIC HEARING A. Case No. WZ-24-04: an application filed by Cogent Companies for approval of a zone change from Agriculture-One (A-1) to Industrial-Employment (I-E) on property located at Parcel ID 39-193-01-010. Vice Chair DISNEY opened the public hearing. Ms. Olivas-Loera gave a short presentation regarding the zone change 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. Vice Chair DISNEY opened the public hearing. In response to a question from Commissioner SCHELKE regarding vertical development and storage on this site, Ms. Olivas-Loera explained that no permanent structures can be built and there is no restriction on what can be stored. Ms. Easley added that the fire code would cover any flammable substances. Commissioner QUINN inquired if there are other properties zoned I-E in the City. Ms. Olivas-Loera explained that most of the I-E zoned properties are concentrated in the northwestern portion of the city, but there are not many. Commissioner HOLUB asked if there were any other conditions that were considered but not recommended by the City Attorney. Ms. Olivas-Loera said not that she was aware of. Commissioner GRAEVE wondered if this property could be rezoned again should the property be dedicated as right-of-way. Ms. Olivas-Loera clarified that it would not need to be rezoned to be dedicated as right-of-way. Commissioner QUINONES inquired about a question that came about during the neighborhood meeting re lighting at the site. Ms. Olivas-Loera explained that, if approved, the lighting will be reviewed during the site plan process and a photometric plan will be required. Planning Commission Minutes - 3 – April 18, 2024 Commissioner KERNS commented that this is a great use to preserve right-of-way for a future transportation project, if needed, and is a good use of land in the meantime. Public Comment Vice Chair DISNEY opened the public comment. ML Richardson, neighbor 14802 W. 44th Avenue Ms. Richardson mentioned she works for the property owner to the west of this site and gave a little bit of history. She mentioned she would like the access point to stay off of Holman Street and said she would like a fence/screen put up so her workers know where to store their equipment since they have been using Longs Peak Metro District’s land to store their equipment in the past. Vice Chair DISNEY closed the public comment and public hearing. It was moved by Commissioner MOORE and seconded by KERNS, to recommend approval of Case No. WZ-24-04, which is a request for approval of a zone change from Agricultural-One (A-1) to Industrial-Employment (I-E) at Parcel ID 39-193-01-010, for the following reasons: 1. The proposed zoning will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure can adequately service the property. 3. The proposed zone change is responding to a change of character in the area. 4. The proposed zone change is consistent with the City’s Comprehensive Plan. 5. The zoning designation is appropriate and compatible with the adjacent designations on private property. And with the following conditions: 1. No vertical construction is permitted; outdoor storage and appropriate screening are the only permitted uses. 2. A development agreement running with the land will be required to be recorded with the zone change ordinance to document such use and development limitations and to ensure future dedication of the property as necessary for the originally intended purpose of infrastructure and right-of-way at no cost. Motion carried 8-0. ITEM NO: 4 DATE: June 10, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2024 – AN ORDINANCE APPOINTING JONATHAN LUCERO AS PRESIDING MUNICIPAL COURT JUDGE AND APPROVING A MUNICIPAL JUDGE SERVICES AGREEMENT PUBLIC HEARING ORDINANCES FOR 1ST READING (06//10/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (06/24/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The City’s Home Rule Charter provides for appointment of the municipal court judge for a term of two years. Judge Randall has resigned from this position, and the City Council wishes to fill this position by appointing Jonathan Lucero as new Presiding Municipal Court Judge. PRIOR ACTION: At the Study Session on November 20, 2023, City Council directed staff to issue a Request for Proposal (RFP) to find interested candidates for the role of presiding judge. City Council directed staff to establish a search committee comprised of elected officials, staff, and community members who would provide a list of finalists for consideration. The Council held interviews for the position on May 20, 2024, following a recruitment process facilitate by the search committee. FINANCIAL IMPACT: Judge Lucero will be compensated at $110.00 per hour. CAF – Appointment of Presiding Municipal Court Judge Date Page 2 BACKGROUND: Judge Christopher Randall served Wheat Ridge as Presiding Judge of the City’s municipal court from 2002 until his resignation at the end of 2023. Per Sec. 14-6 of municipal code, Mayor Starker appointed Judge Paul Basso as the substitute municipal judge effective January 1, 2024, until a permanent presiding judge is appointed by Council. Judge Basso has served as a relief judge and administrative hearing officer for Wheat Ridge Municipal Court since 2016. At the Study Session of November 20, 2023, the City Council provided consensus to update the Municipal Court operations to an Administrative Management Model, as opposed to the previous Judicial Management Model, assigning hiring and personnel management to the Court Administrator under the direction of City management, while still aligning with the Charter giving assignment of general supervision of the court personnel to the presiding judge. Administrative functions are overseen by the Court Administrator who reports to the Assistant City Manager. The Presiding Municipal Judge retains all judicial responsibilities. Charter and Code Considerations Sec. 8.2 of the Municipal Charter enables the City of Wheat Ridge to organize a municipal court. The Charter requires that the City Council appoint a judge to serve a two (2) year term and that they be a member of the Bar of the State of Colorado and have a minimum of five years’ experience on the bench or in the active practice of law in Colorado immediately prior to appointment. Chapter 14 of Municipal Code further codifies the powers, jurisdiction and workings of the court and presiding judge. Presiding Judge Scope of Work The City of Wheat Ridge Municipal Court has authority over traffic violations and local ordinances. Court is in session ten to twelve days per month (Tuesday, Wednesday and two Thursdays) with additional virtual prisoner hearings on Mondays and Fridays as necessary to meet the state’s regulation that prisoners be seen within 48 hours. It is anticipated the Presiding Judge will work approximately 20 – 25 hours per week. The Presiding Municipal Judge must be a member of the Bar of the State of Colorado and have a minimum of five years’ experience in the field of criminal law, procedure, and rules of evidence is beneficial. The Presiding Municipal Judge works with the Court Administrator and Court Staff in a professional and courteous manner to establish and maintain processes and procedures to ensure efficient and legally defensible courtroom practices. The Presiding Judge will participate in implementation of various City programs as they relate to Municipal Court. The selected appointee will demonstrate impeccable character, integrity, reputation, judgment, experience, and efficiency. Judicial functions include, but may not be limited to: • Preside over court sessions. Interpret and apply the law, make legal rulings, and ensure that the proceedings are conducted fairly and according to established legal procedures. CAF – Appointment of Presiding Municipal Court Judge Date Page 3 • Responsible for making legal decisions based on the facts presented and applicable laws. Adjudicate cases by listening to evidence, determining the guilt or innocence of the accused, and in the case of guilt, imposing appropriate penalties. • Interpret and apply the law to specific cases. Ensures that legal principles are correctly understood and followed. • Uphold the principles of due process, ensuring that all parties involved in a case are treated fairly and have the opportunity to present their case. • Adopt rules and regulations to conduct the business of the Court. • Appoint referees or administrative hearing officers. Selection Committee Under the direction of City Council, a Selection Committee was established. The Committee consisted of ten members: Councilor Korey Stites, Councilor Leah Dozeman, Community Member Chrys Hoppe, Community Member Diana Lopez, Retired Municipal Presiding Judge Anne Stavig, City Attorney Gerald Dahl, City Manager Patrick Goff, Assistant City Manager Marianne Schilling, Division Chief Eric Kellogg, and Court Administrator Kersten Armstrong. The Selection Committee met on February 14, 2024. Feedback was obtained regarding the draft RFP. On April 5, 2024, the Selection Committee met to compile each member’s evaluation and scoring for the five proposals. The top three submissions were selected by the committee to proceed to interviews with the Selection Committee. On April 15, 2024, the top three candidates were interviewed. The top two candidates were selected to interview with City Council on Monday, May 20, 2024. RECOMMENDATIONS: "I move to approve Council Bill No. 10-2024, an ordinance appointing Jonathan Lucero as Presiding Municipal Court Judge and approving a Municipal Judge Services Agreement, on first reading, order it published, public hearing set for Monday, June 24, 2024, at 6:30 p.m. in City Council Chambers, and that it takes effect upon adoption at second reading." Or "I move to postpone indefinitely Council Bill No. 10-2024, an ordinance appointing Jonathan Lucero as Presiding Municipal Court Judge and approving a Municipal Judge Services Agreement for the following reason(s) ________________." REPORT PREPARED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 10-2024 2. Municipal Judge Services Agreement CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 10 ORDINANCE NO. 1795 Series of 2024 TITLE: AN ORDINANCE APPOINTING MUNICIPAL COURT JUDGE JONATHAN LUCERO AND APPROVING A MUNICIPAL JUDGE SERVICES AGREEMENT 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 as authorized by the charter the Council has provided for a municipal court and judge; and WHEREAS, the current Presiding Municipal Judge Christopher Randall has resigned from this position; and WHEREAS, pursuant to Charter Section 8.3, the City Council shall appoint all judges for a term of two years; and WHEREAS, the City Council held interviews of applicants to fill this municipal court judge position; and WHEREAS, the Council wishes to appoint Jonathan Lucero as Presiding Municipal Court Judge and approve a Municipal Judge Services Agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Jonathan Lucero is hereby appointed as municipal court judge to serve a term of two years, expiring on July 1, 2026, at which time the Council shall consider reappointment. The Judge’s compensation shall be $110.00 per hour. The terms and conditions of the Judge’s employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2024, attached hereto as Exhibit A and incorporated herein by this reference. Section 2. 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 ATTACHMENT 1 not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 10th day of June 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 June 24, 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 ___day of _________, 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: June 11, 2024 Second Publication: June 25, 2024 Jeffco Transcript Effective Date: June 24, 2024 Exhibit A Municipal Judge Services Agreement Agreement [attached] ATTACHMENT 2 ITEM NO: 5 DATE: June 10, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 29-2024 – A RESOLUTION APPROVING THE ADOPTION OF A LAND ACKNOWLEDGEMENT STATEMENT FOR THE CITY OF WHEAT RIDGE 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 Land Acknowledgement Committee has dedicated the past two years to extensive research and collaboration with various Tribal leaders. As a result, they have thoughtfully crafted a land acknowledgement statement for the City of Wheat Ridge. This resolution supports the formal adoption of this statement. PRIOR ACTION: The topic was first discussed at a City Council study session on October 4, 2021. With full Council support, Councilmembers Hoppe and Nosler-Beck requested that staff seek out residents to form a Land Acknowledgement Committee with the intent of drafting a land acknowledgement statement for the City of Wheat Ridge. An update was shared with City Council during a study session on September 19, 2022. FINANCIAL IMPACT: No financial impact exists. BACKGROUND: A Land Acknowledgement Committee was formed in early 2022. Over the last two years, the committee has completed extensive research, connected with other professionals embarking on this work, contacted Tribal leaders, and collaborated with Indigenous consultants to thoughtfully craft a land acknowledgment statement for the City of Wheat Ridge. Council Action Form – Land Acknowledgement Statement Adoption June 10, 2024 Page 2 In addition to developing a land acknowledgement, the committee created an action plan to continue moving this important work forward. During the process, it was made very clear that solely drafting a statement without any future work is perceived as a performative measure and is neither well received nor respected. The committee was clear from the beginning that an action plan was a requirement. The action plan is detailed in the attached presentation. As the committee approached this meeting and the formal adoption of the land acknowledgement statement, the future of the committee was discussed. As you will hear in the presentation, it was decided that the future work related to this topic would move to the IDEA (Inclusion, Diversity, Equity, and Accessibility) Committee, and Land Acknowledgement Committee members were encouraged to apply (several already submitted applications). Other city staff members involved with the IDEA Committee previously discussed and supported this suggestion. The ask of City Council during this meeting is: 1. Approve the resolution adopting the City of Wheat Ridge Land Acknowledgement statement. 2. Support the future direction of this important work. 3. Consider how Council would like to utilize the statement. RECOMMENDATIONS: Staff recommends the approval of the resolution adopting the land acknowledgement statement that was carefully drafted by the Land Acknowledgement Committee. Alternatively, Council could request a statement revision. If that were to be the selected path, the committee would require specific feedback and direction, as the presented draft went through many revisions before the committee felt it was ready for adoption. RECOMMENDED MOTION: “I move to approve Resolution No. 29-2024, a resolution approving the adoption of a land acknowledgement statement for the City of Wheat Ridge.” Or, “I move to postpone indefinitely Resolution No. 29-2024, a resolution approving the adoption of a land acknowledgement statement for the City of Wheat Ridge for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 29-2024 2. Land Acknowledgement Presentation CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 29 Series of 2024 TITLE: RESOLUTION NO. 29-2024 – A RESOLUTION APPROVING THE ADOPTION OF A LAND ACKNOWLEDGEMENT STATEMENT FOR THE CITY OF WHEAT RIDGE WHEREAS, the Wheat Ridge City Council directed staff to create a Land Acknowledgement Committee with the purpose of developing a land acknowledgement statement for the City; and WHEREAS, the Land Acknowledgement Committee dedicated time and energy toward extensive research and collaboration with various Tribal leaders to draft a formal land acknowledgement statement; and WHEREAS, the City of Wheat Ridge rests on the traditional territory of the Cheyenne, the Arapaho, and the Ute; and WHEREAS, the City of Wheat Ridge is committed to building authentic and respectful relationships with Tribal Nations, specifically those with connections to Wheat Ridge; and WHEREAS, the City of Wheat Ridge desires to continue moving this important work forward through the IDEA Committee with the newly developed action plan as a starting point. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. The City Council approves and adopts the Land Acknowledgement Statement (Exhibit A). Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 10th day of June 2024. Bud Starker, Mayor ATTEST: ______ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 EXHIBIT A Land Acknowledgement Statement for the City of Wheat Ridge We pause to acknowledge that we are on the traditional territory of the Tsétsėhéstȧhese (TSE-STEST-AHESE), the Hinono’ei (HE-NINO-E) and the Nuu-ciu (NOON-CHEE), commonly named the Cheyenne, the Arapaho, and the Ute. We further recognize the 48 contemporary Tribal Nations who lived on the lands that make up the State of Colorado. Members of many Tribal Nations lived here, specifically, because the land took care of them. It was also the site of trade, hunting, gathering, and healing for many Tribal Nations. As inhabitants of these spaces, we honor the Tribal Nations interconnected human relationship to land, air, and water. The expansion of industrialized civilization on this land came at a dire cost to these Tribes and their descendants. As residents of Wheat Ridge, we commit to reconciling our problematic history by building authentic and respectful connections with members of Tribal Nations. May this acknowledgement demonstrate a commitment to working to dismantle ongoing legacies of oppression and inequities and recognize the current and future contributions of Indigenous communities in Wheat Ridge. As we move through our community, give pause to connect with the land that you are currently standing on. Now introduce yourself spiritually; build a relationship with Mother Earth that provides for all our relations. Please take a moment to honor these ancestral grounds and celebrate the resilience and strength shown by people who are Indigenous. City of Wheat Ridge Land Acknowledgement City Council Update – June 10, 2024 ATTACHMENT 2 Land Acknowledgement Committee Members PRESENT: Nikki Larsen Anisa Valdez Kathleen Martell Susan Bennett (Staff Liaison) Morgan Richards Karen O’Donnell (Staff Liaison) Jenny Snell PAST: Deb Bollig Karen Stanley Teresa Shelden Don Wood Process Recap •Topic discussed during Wheat Ridge 101 •City Council Meeting – October 4, 2021 •Committee members recruited from Race & Equity Task Force, Historical Society, Cultural Commission, Parks & Recreation Commission, etc. •First committee meeting held on March 30, 2022 •Many committee meetings + a field trip to History Colorado •Staff connected offline with History Colorado staff and State Senator Jesse Danielson and input of experts in the field •Updated Council on September 19, 2022 3 Process Recap •Drafted and sent emails with a formal letter attached to all 48 contemporary Tribal Nations – December 2023 •Signed by Councilmember Hoppe, as one of the original supporters of this work (along with former Councilmember Nosler-Beck) •Sent additional communication to the Tribes with connections to Wheat Ridge: Northern Cheyenne Tribe, Northern Arapaho Tribe, Cheyenne & Arapaho Tribes, Ute Mountain Ute Tribe, Southern Ute Tribe, Northern Ute Tribe •Requested feedback on draft land acknowledgement statement & associated action plan •Received and incorporated feedback from 4 individuals (Northern Cheyenne Tribe, Cheyenne & Arapaho Tribes, and Wichita & Affiliated Tribes) 4 Process Recap •In the process of scheduling time with a member of the Cheyenne & Arapaho Tribe to begin relationship building and discuss future action •Mother Patch Dedication at Happiness Gardens – February 2, 2024 •Developed connections with Indigenous consultants •Draft land acknowledgement statement read at several events 5 What’s next? Formal Adoption of the Wheat Ridge Land Acknowledgment Statement We pause to acknowledge that we are on the traditional territory of the Tsétsėhéstȧhese (TSE-STEST-AHESE), the Hinono’ei (HE-NINO-E) and the Nuu-ciu (NOON-CHEE), commonly named the Cheyenne, the Arapaho, and the Ute. We further recognize the 48 contemporary Tribal Nations who lived on the lands that make up the State of Colorado. Members of many Tribal Nations lived here, specifically, because the land took care of them. It was also the site of trade, hunting, gathering, and healing for many Tribal Nations. As inhabitants of these spaces, we honor the Tribal Nations’ interconnected human relationship to land, air, and water. The expansion of industrialized civilization on this land came at a dire cost to these Tribes and their descendants. As residents of Wheat Ridge, we commit to reconciling our problematic history by building authentic and respectful connections with members of Tribal Nations. May this acknowledgement demonstrate a commitment to working to dismantle ongoing legacies of oppression and inequities and recognize the current and future contributions of Indigenous communities in Wheat Ridge. As we move through our community, give pause to connect with the land that you are currently standing on. Now introduce yourself spiritually; build a relationship with Mother Earth that provides for all our relations. Please take a moment to honor these ancestral grounds and celebrate the resilience and strength shown by people who are Indigenous.7 Where do we go from here? 8 Implementing the Action Plan •Establish relationships with Tribes connected to Wheat Ridge •Finalize and begin using the City of Wheat Ridge Land Acknowledgement Statement o Read at City Council meetings, Board & Commission meetings, special events and ribbon cuttings o Include in employee, board, and commission onboarding o Include in Wheat Ridge 101 (educational series teaching residents about local government) o Share with businesses and schools – encourage them to use it or create their own •Include educational information on City website, social media, link on email signature, QR codes with resources and pronunciations •Support educational programming/storytelling Implementing the Action Plan •Create a toolkit to educate, particularly those with different world views •Donations/Fundraisers for Tribes •Signage in parks, on trails, in facilities, etc. •Sponsor a Tribal athletic team •Rename streets and/or parks; consider opportunities to incorporate into new park spaces •Provide an opportunity for Indigenous individuals in the Wheat Ridge community to engage and/or contribute through an opt-in process •Connect with Indigenous artists for cultural events, exhibits, and public art opportunities •Create a traveling display •Work with other municipalities, as well as Wheat Ridge boards, commissions, and task forces How do we accomplish this? 11 Solution •Upon adoption of this statement, the Land Acknowledgement Committee has completed their originally identified task •The implementation of the Action Plan is an essential component •Land Acknowledgement Committee members who are interested in moving this important work forward are encouraged to join the IDEA Committee (Inclusion, Diversity, Equity, and Accessibility) •The IDEA Committee will lead future action •Committee overlap already exists •Amazing volunteers spread thin; better use of time & energy •Staff liaisons will continue to support and provide guidance with this topic 12 What is our ask of City Council today? 1.Approve the resolution adopting the City of Wheat Ridge Land Acknowledgement statement 2.Support the future direction of this important work 3.Consider how Council would like to utilize the statement Thank you Questions?