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HomeMy WebLinkAbout06-24-2024 City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO June 24, 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 24, 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 24, 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 City Council Meeting Minutes, May 13, 2024 Special Study Session Notes, May 13, 2024 Study Session Notes, May 20, 2024 Special Meeting Minutes, May 20, 2024 Study Session Notes, June 3, 2024 City Council Meeting Minutes, June 10, 2024 Study Session Notes, June 17, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Introduction of New Police Recruits Presentation of National Civic League America City Hall of Fame Award 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. 30-2024 – a resolution amending the 2024 Conservation Trust Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $114,239 for the purpose of funding repairs to the Anderson Pool b. Motion to cancel the July 1, 2024, City Council meeting c. Motion to approve the appointment of Meggen Rumley to the Cultural Commission PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 10-2024 – an ordinance appointing Jonathan Lucero as Presiding Municipal Court Judge and approving a Municipal Judge Services Agreement ORDINANCES ON FIRST READING 3. Council Bill No. 11-2024 – an ordinance approving the rezoning of property located at 11910 W. 52nd Avenue from Industrial-Employment (I-E) to Mixed-Use Commercial TOD (MU-C TOD) DECISIONS, RESOLUTIONS, AND MOTIONS 4. Resolution No. 31-2024 – a resolution approving a Tax Increment Revenue Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge pertaining to the Clearvale Urban Renewal Plan 5. Resolution No. 32-2024 – a resolution approving a Tax Increment Revenue Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge pertaining to the Lutheran Legacy Campus Urban Renewal Plan 6. Motion to approve a contract amendment with David Evans and Associates in an amount not to exceed $160,000 for additional professional services required to complete the construction documents and permitting for the Youngfield Beautification Project CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  May 13, 2024  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Janeece Hoppe, Amanda Weaver, Korey Stites, Dan Larson, and Leah Dozeman. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; Director of Public Works Maria D’Andrea; Sr. Deputy City Clerk Margy Greer; Director of Community Development Lauren Mikulak; Director of Parks and Recreation Karen O’Donnell, Recreation Aquatics Supervisor Sara Heisdorffer, and other staff, guests and interested members of the public.  4. Approval of Minutes Study Session Notes, April 15, 2024 City Council Meeting Minutes, April 22, 2024 Special Study Session Notes – April 22, 2024 All Minutes were approved by General Consent. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Proclamation – Mental Health Month – Mayor Starker proclaimed the Month of May 2024, as Mental Health Awareness Month, calling upon all residents, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increase awareness and understanding of mental health, providing appropriate and accessible services for all community members, and making mental health a priority. 7. Proclamation – National Police Week and National Peace Officers Memorial Day - Mayor Starker proclaimed the week of May 13-17 as National Police Week and called upon all those living and working in Wheat Ridge and upon all our community’s patriotic, civil, and educational organizations to observe this week. He asked them to honor law enforcement officers, past and present, who by their faithful and loyal devotion to their responsibilities have rendered a dedicated service to our community. In doing so, officers have established for themselves an enviable and enduring reputation for preserving the rights and security of all members of the community. He called upon the community further to observe May 15, 2024, as National Peace Officers Memorial Day, to honor those peace officers who, through their courageous deeds, have lost their lives or who have been injured in the performance of their duty. 8. Proclamation – National Public Works Week - Mayor Starker proclaimed May 19-25 as National Public Works Week in the City of Wheat Ridge and urged all citizens to join with representatives of the American Public Works Association to pay tribute to our public works professions, engineers, managers, and employees and to recognize the substantial contributions they make to protections our national health, safety, and quality of life. 9. Public’s Right to Speak No public comment online. Russell Stillman spoke and said he represents a convenience store on 44th Avenue that supports the police department, wanted to talk about the Tabacco laws. Discussed laws regarding the owners of businesses. He would like the laws to represent the business. The owner of the company that he works for has passed, as the laws represent the owner or individual vice the business itself, it has put the business in a precarious position. Jerry DiTullio spoke regarding Public Works and the Police Department doing a great job. He also spoke to power lines on 34th and asking to underground these lines for public safety, encouraged the City Council and the City Manager to underground these lines, also talked about 38th Avenue, and the missed opportunity to underground those. Asked that 2J and franchise agreement funds be used for this. Wheat Ridge Speaks: No comments from Wheat Ridge Speaks or via Zoom. 10. Consent Agenda None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 11. Council Bill No. 07-2024 – an ordinance amending Sections 11-51, 11-52.5, 11- 53, 11-53.5, 11-55, and 11-56 of the Wheat Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith This Council Bill was introduced into the Record by Mayor Pro Tem Stites. Issue The City has an eight-member, Council appointed Liquor Licensing Authority (LLA) that is vested with the authority to grant and refuse liquor licenses and other types of applications and permits, and hold show cause hearings for alleged violations, all in the manner provided by law. Over the past few years, the eight-member board has struggled at times to reach a quorum, delaying Wheat Ridge businesses from obtaining licenses and other resolutions in a timely manner. The Mayor opened the public hearing, which was a quasi-judicial matter. Staff Presentation Senior Deputy City Clerk Margy Greer reminded council, that a formal presentation was given at a previous study session. The ordinance removes the board and replaces this with an administrative hearing officer. She also discussed a few other changes in the ordinance that gave more administrative duties staff. Liquor Authority members were in favor of this change. Public Comment None. Council Comments None Council Member Stites made a motion to approve Council Bill No. 07-2024, an ordinance amending Sections 11-51, 11-52.5, 11-53, 11-53.5, 11-55, and 11-56 of the What Ridge Code of Laws concerning the composition of the Wheat Ridge Liquor Licensing Authority and making conforming amendments in connection therewith, order it published and that it takes effect 15 days after publication. It was seconded by Council Member Hoppe. Vote: 8 to 0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 12. 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 (R-1B) This Council Bill was introduced into the Record by Council Member Weaver. 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. Council Member Weaver made a motion 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 (R-1B), on first reading, order it published by title and in full on the City’s website as provided by the Home Rule Charter, public hearing set for Monday, June 10, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect 15 days after final publication. It was seconded Mayor Pro Tem Stites. Vote: 8-0. The motion carried. 13. 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) This Council Bill was introduced into the Record by Council Member Dozeman. Issue Cogent Companies is requesting approval of a zone change from Agricultural-One (A-1) to Industrial Employment (I-E) to allow the site to be utilized for outdoor storage. The zone change will result in a zoning designation that would allow for use of the property unless and until it is developed as right-of-way. Council Member Dozeman made a motion to approve Council Bill No. 09-2024, an ordinance approving the rezoning of property located at Parcel ID 39-193-01-010 from Agricultural-One (A-1) to Industrial-Employment (I-E), on first reading, order it published by title and in full on the City’s website as provided by the Home Rule Charter, public hearing set for Monday, June 10, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect 15 days after final publication. It was seconded by Council Member Ohm. Vote: 8-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 14. Resolution No. 24-2024 – a resolution approving a temporary revocable access license agreement with 44th and Wadsworth, LLC This Resolutoin was introduced into the Record by Council Member Ohm. Issue Design and construction of the Improve Wadsworth Project necessitated the installation of a raised median on 44th Avenue which prohibits left turns from westbound 44th Avenue to a private driveway behind the FirstBank building. In response to many requests from the public, staff has coordinated with the property management company to open an existing access point from Vance St. at 43rd Avenue to allow temporary access to the shopping center and the private drive through the shopping center’s parking lot. The temporary license documents the terms of this agreement. The city will enter into a contract to perform the necessary work to open up this access within the next month or so. Funding will come from the Wheat Ridge Urban Renewal Authority. Staff Presentation None Public Comment None. Council Comments Council Member Hultin asked about the type of access, and what the right of way width and multimodal aspect would be, as well as any directional signage available to direct traffic, and asked what the holistic design and implementation will look like. Director D’Andrea commented this is a temporary connection, allowing for egress and ingress near the Ross shopping center, there was no sidewalk or bike lanes that will be striped, but width of lane is 28 feet, which is more than typical 20 feet or two lanes of traffic. There will be a message board, on westbound on Vance at 44th to encourage turning at light, with temporary signage in the parking lot to direct to business so they don’t drive behind the shopping center. Council Member Ohm talked about sidewalk that goes south and questioned its connection. Director D’Andrea commented no further walk will be added, but agreed they can add signage to this affect. Council Member Weaver asked about lighting, stating that it was dark behind the shopping center, stating it was very dark. Director D’Andrea agreed, they can add this. Council Member Hultin clarified the lighting that is in that area, as she frequently rides her bike there. Council Member Ohm made a motion to approve Resolution 24-2024 – a resolution approving a temporary, revocable access license agreement with 44th and Wadsworth, LLC, seconded by Council Member Hultin. Vote: 8-0. The motion carried. 15. Motion – to award a contract and approve subsequent payment of $125,212.50 to CEM Sales and Service for replacement of lap pool filters at the Wheat Ridge Recreation Center This Item was introduced into the Record by Council Member Larson. Issue The Wheat Ridge Recreation Center Lap Pool filters have sustained severe damage to an internal manifold. While a temporary fix was installed by staff to extend the life of the filters, the temporary fix is failing. The filters require immediate repair to safeguard the integrity of the lap pool and to prevent interruptions in service, possibly including a long- term closure. This motion is to award a contract to CEM Sales and Service to complete this essential work. Staff Presentation City Manager introduced Sara Heisdorffer to Council, the new pool manager. Mayor thanked her for coming, but no formal presentation was given. Public Comment None. Council Comments Council Member Larson asked for the cause of the failure. Sarah explained that 7 or 8 years ago, during a routine cleaning process, something failed, and there was a temporary fix put in place; however 7 or 8 years for a temporary fix was a good fix. Council Member Larson also asked about the schedule. Sara Heisdorffer informed Council Member Larson, that repairs are scheduled for August 19-30 which would extend the normal pool closure by one week. Sara stated she had worked with this contractor before. However the contractor was concerned about the deadline for residents as there is a 12-week lag time to get parts for this fix, which is part of the schedule issue, no matter who the contract is awarded to. Council Member Larson asked about a warranty. Sara explained it would be the manufacturer’s warranty, but she wasn’t sure what that entailed, and would need to investigate it before commenting further. Council Member Hoppe asked about funds being moved around in the budget, originally earmarked for coating and diving board to pay for the filter fix, stating the coating and diving board repairs would be deferred until 2025. Heisdorrfer confirmed this to be the case, and said that if they did the repairs the funds were originally earmarked for, they run the risk of closing the pool for a longer period, as the filters are already failing. Council Member Hultin made more comments stating that as a swimmer, and a swimmer impacted due to closures, she stated that in the past, the Recreation Center had reached out to Golden to see if the pool there could be utilized during the closure. Susan Anderson, said that they had worked that out with Lakewood, as Golden will be closed at the same time, and stated that the staff was looking at using the outdoor pool as a lap pool during the Rec Center pool closure as well. Council Member Larson made a Motion to award a contract and approve subsequent payment of $125, 212.50 to CEM Sales and Service for replacement of lap pool filters at the Wheat Ridge Recreation Center, seconded by Mayor Pro Tem Stites. Vote: 8-0. The motion carried. 16. Resolution No. 25-2024 – a resolution authorizing the Mayor to execute an agreement for an open space reverter release with Jefferson County, moving an existing reverter from Town Center Park to the Green at 38th This Resolution was introduced into the Record by Council Member Hultin. Issue The City purchased property for the Town Center Park in 1982 using Jefferson County Open Space funding. Because Open Space funding was used, a Jefferson County Open Space reverter was placed on the Town Center Park which restricts the use of that property to public park and recreation purposes. The Town Center Park is no longer a viable option for a community park due to a number of factors including commercial redevelopment in the area. In the meantime, the City is currently developing The Green at 38th as a new community plaza and park on 38th Avenue, within a few blocks of the Town Center Park. To decommission the Town Center Park, Jefferson County Open Space has agreed to release the reverter and move it to The Green at 38th. This Resolution provides the Mayor with the authority to sign the associated agreement with Jefferson County to complete the effort of transferring the reverter. Staff Presentation City Manager discussed the issue statement, and asked City Attorney Dahl to discuss this first. Mr. Dahl explained that Jefferson County always requires a reverter, that this is common and required for parks and open space funds. They have always been lenient with Wheat Ridge, and other municipalities. Dahl also explained that the site where the reverter was, is not a good site, and so Jeffco and the City of Wheat Ridge, adjusted the current agreement to move this to the 38th, as it made more sense. There is a gift on the property from 1888 which has a reverter, so there is a reverter on a reverter, but because the original was for school purposes, the language is a little more complex, but it worked out, and a solution was achieved that was elegant. City Manager Patrick Goff explained that Jeffco Open Space and Schools were very happy with this agreement. Public Comment None. Council Comments Council Member Ohm after the motion was made, thanked staff for this deal and said he was very excited about this deal going through. Council Member Hultin, was surprised to learn that Town Center Park wasn’t historic, stated that they had heard from several citizens about that park, and have had several conversations with Councilor Ohm, about the parks, etc., from one underutilized park until one that is and can be a great space, also thanked the staff for all the work to see this project to fruition. Council Member Hultin motioned to approve Resolution No. 25-2024 – a resolution authorizing the Mayor to execute an agreement for an open space reverter release with Jefferson County, moving an existing reverter from Town Center Park to the Green at 38th, seconded by Council Member Dozeman. Vote: 8-0. The motion carried. 17. Resolution No. 26-2024 – a resolution initiating a legislative zone change for the Lutheran Legacy Campus This Resolution was introduced into the Record by Council Member Hoppe. Issue In less than three months, the Lutheran Hospital will move from its current location to Clear Creek Crossing. The City prepared for this move (and for the redevelopment opportunity it creates) by adopting the Lutheran Legacy Campus Master Plan in October 2021. A zone change and an amendment to the City Charter are both required to realize the community vision outlined in the Master Plan. This resolution takes the first step in formally advancing a city-initiated zone change of the Lutheran Legacy Campus. Staff Presentation Community Development Director Lauren Mikulak presented to Council, making comments for the record, brought up previously at a study session, stated it puts the City in a proactive situation, and it would reduce the amount of time the site sits vacant, and it also allows public comment and input with the city doing this zone change. There were 1000 visitors. Mikulak states that the staff would translate zoning regulations, to citizens, council, and planning commission. The zoning would require the charter change, and the public in her opinion would need this to pass the charter change, believes we need the public input, etc., to make this change successful. Mikulak explains this issue tonight strictly initiates the process but will be much more to come for the public and council as this process is brought to fruition. Public Comment Larry Matthews was in Council Chambers and thanked council, and stated he was a previous council member. He commented on the perimeter and stated it says “should”, and “should” does not mean “shall”. He made this comment on several items. He then commented on height, what that height looks like, such as 100 ft, and warned to be careful of what you wish for. He also talked about City rezoning, staff, stating that citizens may or may not get a say so in this. Mr. Matthews also addressed the Lucky Supermarket development, and what they were told when that development was built compared to what is there now. Mr. Matthews closed in stating again to be careful what you wish for and asked that the citizens and council pay close attention to this and all zoning issues and stay informed. Rose Marie Bowden, lives on Dudley Street, in a house built in 1932 for the administrator of the hospital. They have preserved this building and are concerned about the height of the hospital and who will be looking in her house. She also discussed energy, and how much energy is needed for taller buildings. Again, discussed privacy, talked that the City has not said what they would rezone this property too. She states they want more parks, and discussed Applewood, and people wanting to keep that park land. She asked that the City tell them what they intend to rezone it as. City Manager reiterated that there will be a lot of public engagement in the future, as to what this will be. Mayor Pro Tem Stites asked if the issue tonight changes the zoning. City Manager Goff, explained no, this only starts the process. Stites then asked where the public could go to find information. Goff stated they could go to “What’s up Wheat Ridge” for all information. City Attorney Dahl, then explained further that the Resolution tonight initiates the zoning change, but then it would be referred to the Planning Commission, etc., and confirmed this does not change the zoning as of this item in front of Council tonight. Council Comments Council Member Hultin, asked for clarification, that the Planning Department would start from the City Plan, not start from scratch. Director Mikulak, confirmed, they would follow the Master Plan, and explained it would be a very transparent process with the public. Mayor Pro Tem Stites stated that as the city is initiating this process the City will be able to discuss this where if it were development driven the Council would not be able to discuss the issue. The City presenting this issue allows council to be more open and transparent with the residents. Council Hoppe agreed with Mayor Pro Tem Stites Comments. Council member Ohm also agreed with Mayor Pro Tem Stites and Council Member Hoppe and thanked staff for all of their work on this item. Council Member Hoppe made a motion to approve Resolution No. 26-2024 – a resolution initiating the legislative zone change for the Lutheran Legacy Campus, seconded by Mayor Pro Tem Stites. Vote: 8-0. The motion carried. 18. Motion – a motion to approve payment to Bank of Oklahoma for 2024 principal and interest payment in the amount of $3,499,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bond, Series 2017A This Item was introduced into the Record by Council Member Snell. Issue On May 2, 2017, the City closed on Series 2017A Sales and Use Tax Revenue Bonds in the par amount of $30,595,000 with a net premium of $2,687,079 for a total of $33,282,079. The City’s first interest payment for 2024 is due June 1 in the amount of $249,900 and the principal and second interest payment is due December 1 in the amount of $3,249,900. Funds to cover the 2024 payments are budgeted in the 2024 2E Bond Fund budget. Staff Presentation None Public Comment None Council Comments None Council Member Snell made a motion to approve a payment to Bank of Oklahoma for 2024 principal and interest payment in the amount of $3,499,800 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bond, Series 2017A. Seconded by Councilor Hoppe. Vote 8-0. The motion carried. CITY MANAGER’S MATTERS City Manager Goff talked about the Red Lobster closing in Wheat Ridge. CITY ATTORNEY’S MATTERS No report. ELECTED OFFICIALS’ MATTERS Council Member Hultin, talked about Happiness Gardens hosting Regenerate Wheat Ridge, where they found bugs and looked at them under a microscope. Discussed it was an election year, and different backgrounds, etc., and asked that citizens ask with compassion for their neighbors and understand that people are dealing with a lot outside of this community. She stated that many were effected and asked that everyone be kind and sensitive to those around them. Discussed a police officer new to the Wheat Ridge Police Department and how mental health has impacted the Police Department, and gave an example of a situation of where an officer gave his all to take care of a situation where he went above and beyond to make an impact on the community. Councilor Snell talked about an indigenous plant sale and 9 News came and everyone took part in the music and arts. Councilor Snell is excited about this work. Edgewater is kicking off Pride Month at 40 West Arts. A great fun time to come together in a safe environment. She stated her and Councilor Hoppe are having a District meeting and invited the public to attend. Council Member Dozemen talked about the Carnation Festival and a meeting she attended prior to council and all the events that will take place there. She told residents about the plate submission and the royalty nominations which are open for voting. She asked residents to join in the 55th Annual Carnation Festival. Councilor Larson stated the Police Department will be hosting Cops in the Community on May 22nd from 9-11am. They will also be bringing back the Dog Walker Walk in June and asked that everyone look for this. Council Member Ohm discussed the Northern Lights, the district meeting, and the police officer that showed up. He stated the officer was not there for safety reasons, but rather er for the community engagement. He also mentioned the Wheat Ridge Astronaut and issued congratulations. Council Member Weaver stated that she took the dog walker walk and talked about the items you receive when you do this and the awareness of the neighborhood. She also announced that the goat parade will go down to Luis Meadows on the 29th of June, stating it is always exciting to see a goal on a leash. Mayor Pro Tem Stites discussed how great the Wheat Ridge Police Department is. He said that Chief Murtha is doing a great job. He also thanked the Public Works Department and encouraged other council members to do the same. He stated that 31 staff members take care of the roads and do an amazing job. He also recognized Jim Killey who has been on staff since his grandfather was on council. He continued by saying that the Coalition for Education did an obstacle course and a couple hundred kids participated. He finished by saying, “If you can find and buy it in Wheat Ridge, do it.” Mayor Starker talked about a ribbon cutting ceremony at both B-line medical supplies on May 15, and the Antique Boutique. He reported on his monthly Coffee with the Mayor and thanked those who attended. He stated he visited the Wheat Ridge Historical Park and congratulated the Historical Society and all the work they have done. ADJOURNED The meeting adjourned at 8:04 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting May 13, 2024 1. Call to Order Mayor Starker called the Special Study Session to order at 8:12 p.m. 2. Attendance This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. The Mayor also explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Janeece Hoppe, Amanda Weaver, Korey Stites, Dan Larson, and Leah Dozeman. Also present: City Manager, Patrick Goff; Senior Deputy City Clerk Margy Greer; Deputy City Manager, Allison Scheck; Director of Community Development, Lauren Mikulak; Director of Public Works, Maria D’Andrea; City Attorney, Gerald Dahl; Parks and Recreation Director Karen O’Donnell, Recreation Aquatics Supervisor, Sara Heisdorffer, and other staff and interested residents. 3. Public’s Right to Speak Larry Matthews spoke about taking surveys to find out what the people want. He stated he had heartburn as a Councilor when they went through a lot of surveys and they were given options, A, B, and C, but there was never an option D for “none of the above”. He asked that surveys give residents an Option D. Wheat Ridge Speaks: There were no public comments from Wheat Ridge Speaks. 4. Lutheran Legacy Campus Height Survey Results Issue: - A survey was conducted between April 30th and May 8th by Magellan Strategies to obtain input from Wheat Ridge residents and to measure support for or against a proposed ballot measure to amend the City Charter to remove the building height limitations for those areas described as mixed use in the Lutheran Legacy Campus Master Plan. Representatives from Magellan Strategies will present the results of the survey at the May 13th study session. Staff Reports City Manager Patrick Goff, presented the issue and summarized the background of the legislative rezoning, and the master plan completed for the Lutheran Legacy Campus. He stated there was a recommendation to remove the restriction on height. Currently the Charter limits height to 35 feet for residential and 50 feet for commercial buildings. He stated that some of those restrictions, and after a vote, removed this for certain urban renewal areas. A survey was done to gauge the communities support of this recommendation. Magellan Strategies conducted this survey. City Manager turned the presentation over to Ryan Winger to present the results of the survey. He explained a text message went out to all registered voters in Wheat Ridge, during the period of April 30-May 9. During that time 1,043 surveys were received, which he stated was a great number for the period the survey was available. Survey questions asked were specific to how residents felt the city was doing, how many residents knew about the Lutheran Legacy Campus Plan, and specific questions about how these residents would vote, if a ballot question was added to this year’s ballot. He stated that after several questions, explanations, etc., the results showed 53% for, 37% against and 10% undecided. Mr. Winger expressed that a significant result of the survey shows that residents need more clarification on the information proposed before they would be voting for this charter amendment. Council Comments • Council Member Hoppe asked for clarification on one slide of the presentation. She then commented she felt the survey was positive news and agreed it showed there needs to be education around this. She stated she was surprised to see how many people stated they were not aware of the issue but appreciates the work and is glad it was done. • Council Member Ohm expressed thanks for the information on the issue. He asked if there was no visual, if residents understand that the height would be no higher than the height of the current hospital on that site now. • Council Member Dozeman asked a question of staff, stating that the survey shows more education is needed, asked what kind of education pieces will be used during the process, and what information and marketing would be done. City Manager Goff stated the survey was not complete, and apologized, as there weren’t staff suggestions at the time the packet was prepared. He explained if staff is given the direction to move forward, there would be several places where this education could take place. Director Mikulak agrees that staff needs to be very visible with the details and facts of this item. She stated they need to use all mediums to include social media, in person, etc., to get the word and education out to residents. • Council Member Hultin stated she is not encouraged by these results, stated going into a presidential election year, fears residents will be bombarded with items on the ballot. She expressed concerns that the numbers are not closer to 60%, and that it does not garner the attention this needs prior to the election. She asked if there was more polling or something they can do, to be more confident with these results. • Mayor Pro Tem Stites asked Magellan, with the results provided, what their suggestion was to move forward. Mr. Winter explained they would typically get a higher number, but this issue does not have a monetary component to it, which is typically when you want to be closer to that 60% figure. He stated that 20,000 people will be voting and getting 20,000 people to fully understand this would be very hard. Mayor Pro Tem Stites stated that this is a Wheat Ridge ballot question, stating the last ballot item passed with 70%. He stated he feels like that doesn’t happen often, and he feels the opposition will be kicking themselves in the rear, because they will be fighting against open space, etc. He stressed this is strictly a height issue, not a height and density issue. This is an ask of the Council as well as staff to get out there and knock on doors to educate residents also. • Council Member Weaver commented that she has background with polling statistics, and she is concerned about doing this in a big election year, and states residents tend to vote across the board with strong emotion. She stated she feels it is an uphill battle because they would be giving the public information on top of information and that residents are already struggling to understand. She stated the survey results show to her there is education that is not happening. She stated there is a perception that this is public property, not private property and the city would need to buy it to make it all parkland. She said not deciding is not an option. Weaver also stated she took this survey, and it was hard for her to understand it even after being in all the discussions. • Council Member Hoppe stated that timing is something to consider. She stated Lutheran already has the property on the market, and feels like they are waiting on this, could cause the City to lose out on the opportunity to have a say about what happens to the property. She asked City Manager Goff if there was a way to put out more education and then put out another survey after some of that has happened. City Manager Goff agrees there is a risk in waiting for another election, agrees that Lutheran does have the property on the market, and stated if the issue isn’t decided nothing will happen to this campus for a long time. He also stated the presidential election year is the best time, due to a higher voter turnout. He suggested if another survey is done, it needs to give specific height limits and give more certainty, to get the results we need. He stated that the city has done a very good job of educating, but not all residents are paying attention to the master plan. Goff stated he feels there should be an effort to further educate the community and produce a survey with better defined questions. on another survey. Director Mikulak stated with the hospital moving, it will be a pivotal moment, really a visual opportunity for the staff to bolster education, especially on moving day. She also stated that if the City doesn’t make a move the opportunity may be lost. Council Member Hoppe asked to go back to the informed ballot slide again and asked that the slide deck be sent to Council. Council Member Hoppe commented that the city should not drop this, it just hasn’t’ been flushed out enough yet. She asked if the city could educate and push it out again in July. • Council Member Larson asks a little bit about the method, why the city used Magellan Strategies instead of something more outward, like calling people. Mr. Winger explained that in the last five years, calling someone even on a survey of this length, the response rates to that kind of a survey have dropped to below 1%. He said no one even answers the phone anymore, unless they know who is calling. You would have to hire a call center, and the cost would be much more substantial than this method. Concill Member Larson asks about focus grouping. Winger agreed that it could be useful. He stated he tried to do both, a mix of both with this, but a focus group, downside, is that you are still looking at 20 thousand people voting, so hard to guess at a focus group of 15-20 people making that determination. Council Member Larson talked about renters vs. homeowners and asks if there is a way to weigh the survey, also on the household income, the dividing line is $75,000 a year, most people own more than $75,000 and seems skewed to those on the lower income side of that coin. Winger stated that he weighted the survey on state statistics, if you look at rent vs own, the vote is still more those that they are homeowners. He stated that anyone not registered to vote was in the 1% other category, but stated that anyone not registered, is highly unlikely to engage with us. Council Member Larson also asked residents who stated they don’t trust the government to do the right thing, and how Magellan would suggest tackling that. Winger stated residents will point to specific things that have affected them, and states council needs to explain why decisions were made, and how they were in the city’s best interest. • Council Member Dozeman thanked Winger for answering all the questions. She stated she was concerned by the number and wasn’t confident to take this to the ballot. However, she agreed with Patrick Goff, that a presidential election has a better turn out, and is afraid if they don’t move forward, it would be too little too late. She stated the engagement we already have, provides us the opportunity to get the education out, that we won’t have any in the following years. She stated that she wants this put on the ballot, so we don’t lose the opportunity. • Mayor Pro Tem Stites, agreed to move forward with moving this item to the ballot this year. He commented that if they wait until next year, it is a Mayoral election year, and won’t be fair to add this to the candidates already running for a seat. • Council Member Hultin commented that the city needs to harness the fact that there is a perception that the City is doing the right thing. Also need to do the education and explain the universal benefit to the residents. She asked that they move forward with a Charter cleanup ballot initiative as well. • Council Member Snell echoed statements of her colleagues, that now is the time to move forward with this and agreed that the Charter cleanup needs to move forward as well. She stated that with all this going on, it puts a lot on staff, stating staff does an amazing job, but is very necessary, and asks Council, for anything they can do to assist staff with this is also very necessary. • Mayor Starker asks for a consensus of the Council. Consensus was reached by Council. 5. Staff Reports None. 6. Elected Officials’ Report(s) Council Member Dozeman reported that Lutheran is on track to open August 3. She stated she had an opportunity to tour it and it is a beautiful facility. Adjournment Mayor Starker adjourned at 9:11 pm. _________________________________ Margy Greer, Senior Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting May 20, 2024 1. Call to Order Mayor Starker called the Study Session to order at 6:30 p.m. 2. Attendance Council Members present: Scott Ohm, Jenny Snell, Korey Stites, Amanda Weaver, Leah Dozeman, Dan Larson, Janeece Hoppe, and Rachel Hultin. Also present: City Manager, Patrick Goff; Director of Community Development, Lauren Mikulak; Park and Recreation Director Karen O’Donnell; Sr. Deputy City Clerk Margy Greer; Grant and Special Project Administrator, Brandon Altenburg; Senior Neighborhood Planner, Ella Stueve; Director of Public Works, Maria D’Andrea; Neighborhood Engagement Specialist, Ashley Holland, other staff and interested residents. 3. Public’s Right to Speak None. Wheat Ridge Speaks: There were no public comments from Wheat Ridge Speaks. 4. Appointment of the Presiding Judge – City Council Interviews Issue: - Pursuant to Sec.8.2 of the Municipal Charter, the City Council shall appoint a presiding judge. The top two candidates have been referred to City Council to be interviewed for the position of Presiding Municipal Judge. Staff Reports City Manager Patrick Goff explained that the Municipal Charter Section 8.2 dictates that the City Council appoints the municipal judge. Staff put together a selection committee with Councilors Stites and Dozeman, community members Chris Hoppe and Diana Lopez, Retired Municipal Judge Ann Savage, City Attorney Gerald Dahl, Assistant City Manager Marianne Schilling, Division Chief Eric Kellogg, City Manager Patrick Goff, and Court Administrator Kersten Armstrong. Goff stated they put together an RFP and received five proposals, those were narrowed to three, and from those three interviews, it was narrowed down to two to present to Council. The interviews at the Study Session are scheduled for approximately one hour each. He stated that after the interviews a special meeting would be called and Council will into executive session. If ready to decide, then will go return to the regular session and make a motion to appoint. The first applicant was Judge Jonathan Lucero. Judge Lucero gave a statement with his background and experience with Municipal Law and explained why he was the best candidate for the position. He explained he has been a judge, a municipal prosecutor, a public defender, and private council, and advised how each case presented to him, he looks at as each of these backgrounds and experiences in mind when deciding the outcome of the case. Judge Lucero also explained the cities across Colorado where he has worked in various capacities and how that has shown him different ways cases can be handled and has observed ways that work and ways that don’t. Judge Lucero took time to point out his legal and non-legal volunteerism. Council Members were each given questions to ask of the candidates. The Council member asked a question, and the Judge gave the response accordingly. Once all questions were concluded, Judge Lucero gave a closing statement, again explaining why he is the best candidate for the position, and thanked Mayor and Council for the opportunity. Mayor Starker explained that there is another candidate they will be meeting with, and then will deliberate and come up with a decision. A ten-minute break was taken between candidates. The second applicant was Judge Paul Basso. Judge Basso explained that he has been the interim Judge, since Judge Randall’s Retirement, he is also the relief Judge for the City of Wheat Ridge since 2016, and that he is the City of Wheat Ridge Administrative Hearing officer for Code Violations and has been the Liquor Hearing officer for the last 2 months. He went on to say he was in Firestone for 17 years, and during that time he was also a relief Judge for the City of Westminster. He also spoke to his activity in the Colorado Municipal Judge’s Association, to include acting as President, and has several chapters he authored in the Judge Book, of laws that Judge’s need to reference quickly. He also referenced several committees he is on and closed stating he has been a judge for the last 28 years. Judge Basso reviewed and email received regarding preparing for the interview and went over the questions one by one giving answers accordingly. Council Members were each given questions to ask of the candidates. The Council member asked a question, and the Judge gave the response accordingly. Once all questions were concluded, Judge Basso gave a closing statement, again explaining why he is the best candidate for the position, and thanked Mayor and Council for the opportunity. Mayor Starker gave a summation of the process, and thanked Judge Basso for coming in. 5. Staff Reports None. 6. Elected Officials Reports None 7. Adjournment Mayor Starker adjourned the meeting at 8:26 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk ________________________________ Korey Stites, Mayor Pro Tem City Council Special Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  May 20, 2024  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 8:18 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Janeece Hoppe, Amanda Weaver, Korey Stites, and Dan Larson, and Leah Dozeman. Absent: Rachel Hultin A quorum was established. Also present: City Manager Patrick Goff; City Attorney Gerald Dahl; Sr. Deputy City Clerk Margy Greer; Director of Community Development Lauren Mikulak; Director of Parks and Recreation Karen O’Donnell, Police Division Chief Jim Lorentz, other staff, guests and interested members of the public.  4. Approval of Minutes None 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Public’s Right to Speak None Wheat Ridge Speaks: No comments from Wheat Ridge Speaks or via Zoom. 7. Motion to Enter into Executive Session Council Member Hoppe made a motion to go into an Executive Session for conference with City Manager, City Attorney, and appropriate staff per Charter Section 5.7(2) and C.R.S. 24-6-402(4)(f) for the purposes of discussing a personnel matter related to the appointment of the presiding municipal judge. She further moved to return to the open meeting at the conclusion of the executive session to take any action deemed necessary. The motion was seconded by Mayor Pro Tem Stites. Vote 7-0. The motion carried. Council entered Executive Session at 8:28 p.m. Council exited Executive Session and resumed the City Council meeting at 9:40 p.m. Council Member Hoppe made a motion to direct staff to negotiate a contract for our Municipal Judge to include the compensation amount not to exceed $110 an hour and that six months prior to contract renewal there is a presentation made by the appointed judge to City Council in a Study Session with Judge Lucero, and to bring forward to a future business meeting of Council in the form of an Ordinance. It was seconded by Mayor Pro Tem Stites. Council Member Hoppe shared there were two very fine candidates. Further stated she appreciates both candidates but will support Judge Lucero as we are able to bring in new energy as we move into the next chapter of Wheat Ridge. Council Member Weaver shared it has been a very tough choice, as candidates were great. Agreed that she will be putting her support for Judge Lucero and was excited about what he presented. Mayor Pro Tem Stites stated he enjoyed being a part of the process and stated both candidates did a great job. Given what he saw tonight, he stated he believed Judge Lucero would be a great Judge for the City of Wheat Ridge and looks forward to what he does with his courtroom. Council Member Ohm gave thanks to the candidates and showed his support for Judge Lucero. Council Member Dozeman thanked both candidates, and stated she enjoyed the process of selecting the next judge. She shared that she was leaning toward Judge Basso due to his experience in Wheat Ridge, and is a resident expert in Jefferson County, and has served Wheat Ridge very well. She stated she thinks he would continue the excellence that Judge Randall set in Wheat Ridge. Speaking to colleagues, and considering all of Judge Lucero’s role, she commented that he has the expertise to move Wheat Ridge forward. She stated she would support Judge Lucero and thank Judge Basso for his service. Council Member Larson spoke to both candidates and their respective experiences. Given the qualifications and having watched Judge Basso in action in court, he stated he would support Judge Basso. Council Member Snell stated she appreciates the process, is grateful for all of the time taken to interview two great candidates and was thankful to the committee that did the work to get here. She stated it is an important thing for the community and is in support of Judge Lucero. She feels as Wheat Ridge moves into the Next Chapter; new eyes will help move them into that next chapter. Vote: 6 Ayes (Stites, Weaver, Hoppe, Ohm, Snell, Dozeman) 1 Nay (Larson). The motion carried. Mayor Starker thanked everyone for all their work and stated he felt they had made a responsible decision. CITY MANAGER’S MATTERS City Manager Patrick Goff stated that the court structure had changed and court staff will now report to Marianne Schilling, Assistant City Manager. He reported the city had also appointed Kendra Carberry as the Administrative Hearing Officer for the Liquor Licensing. He reported that the Liquor Authority meetings would mostly be virtual, unless requested otherwise by the applicant. CITY ATTORNEY’S MATTERS No report. ELECTED OFFICIALS’ MATTERS Council Member Ohm reported on attending his daughter’s graduation ceremony at Wheat Ridge High School, and stated it was the 125th graduation ceremony at the high school. Mayor Starker stated there would be no meeting the following week in observance of Memorial Day, and asked residents to be careful and to remember those who have given all for us to be free which allows Council to have the discussions they have. ADJOURNED The meeting adjourned at 9:51p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting June 03, 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, Dan Larson, Janeece Hoppe, and Rachel Hultin, Leah Dozeman, and Amanda Weaver. Also present: City Manager Patrick Goff; Sr. Deputy City Clerk Margy Greer; Community Development Director Lauren Mikulak, Planner Scott Cutler, and other staff and interested residents. 3. Public’s Right to Speak None. Wheat Ridge Speaks: There were no public comments from Wheat Ridge Speaks. 4. Accessory Dwelling Units Update Issue This memo provides an update to City Council with lessons learned now that Accessory Dwelling Units (ADUs) have now been allowed for over 1.5 years. The grace period to legalize existing ADUs will expire on August 15, 2024. This memo serves a few purposes: 1. Updates Council on how the new and existing ADU approval process is going, 2. Discusses potential changes and extensions to the grace period for existing ADUs, and 3. Updates Council on how state legislation may impact the City’s current ADU requirements. Staff Reports City Planner Scott Cutler gave a staff presentation to Council. Council approved the original ordinance for ADU’s in July of 2022, and it became effective in August of 2022. He explained there were three discussion topics, status of ADU’s, staff recommendations regarding grace period for existing ADU’s, and implications of the HB11-241152 state legislation and the two new rules statewide. Since August of 22, there have been 16 ADU’s permitted, 12 approved and pending or under construction, 4 completed, and 13 existing ADU’s have been legalized, and 1 still in staff review, not yet permitted. He commented that additional public education would be a good idea, but data shows the city rules are working well. One goal of the original ordinance was to establish a process for existing ADU’s and a grace period to bring them to compliance. Once the grace period has expired, any ADU’s on property will have to be brought to code. He stated staff has received 23 applications since the ordinance went into place. Even though not at 100% legalization, process is going well. Staff recommendation is to extend the grace period 2 more years to August of 2024. There are ADU’s out there, that could benefit from this. He said they do not have the capacity to review every property in the city. Staff believes without this extension; owners will be less likely to come forward. Would only apply to any property in existence prior to August 2022, as anything after that should have fallen under the new regulations. People need to be aware of the opportunity to bring these into legal status. Staff would like to send out communication and education around these new laws. Council Comments • Council Member Larson stated there had been a 2-year grace period and now staff is asking for another 2-year period and asked if there a way we can say that we will never extend again. Cutler explained never extending again, hasn’t yet been discussed. • Council Member Ohm asked for the reasoning behind extending. Cutler stated people may not be aware, don’t have the money, and the city can’t invade privacy asking to see every ADU. Ohm asked how the program was advertised, as he is not sure if he is favor of the extension. If Council does decide to grant the extension, he stated he would like to have something in place to ensure compliance. • Council Member Weaver stated she didn’t’ have a question, but she stated she felt the opposite. She stated that the idea is compliance and if more people comply in the next two years, that would be a good thing. Weaver stated that being punitive is not the best way to gain compliance. • Council Member Hoppe agreed with Council Member Weaver, asking they consider, that some properties with the ADUs that don’t have the finances to update this, may sell to someone who can. She said that it may exist that down the road, they can get a loan to upgrade. In favor of extending now, not sure about extending beyond that, but the goal is to ensure safe properties in the community. She also mentioned that ADUs are expensive to build, not surprised there are not a lot of new apps, but she wants to get existing ones into compliance. • Council Member Hultin agreed with Council Member Hoppe. She stated the strategy was to have affordable living housing. She was not expecting to have as many new ones as we have, so wanted to call this policy out as extremely successful. She supported the 2-year extension and wants to address the matter two years from now. She stated she does not want to be stringent and say no further extensions from here. She stated she wants to celebrate that we have done a good policy here. • Council Member Dozeman stated she was generally in support of this, due to already mentioned items. She stated she is concerned that the 6 didn’t move forward and questioned how likely is it that they will come into compliance, and how many more are there have that mirror this, rather than getting into compliance. She asked about the kind of outreach that was done. Cutler remarked that staff is not sure how many are out there, for the 6 or 7 still in the process, it is a case-by-case basis. He stated some are easy and may do it eventually, and others are life safety issues, that will be more expensive. There is such a wide range of quality, he stated he couldn’t speak to each property individually. Director Mikulak expounded on clarification of Cutler’s remarks and added additional information around adding kitchen space in the basement without adding a separate entrance, so that is not an ADU. So many issues are separate from the ADU issue itself. Dozeman asked how the city’s proceeds with those that have life safety issues. Cutler explained that there is a building inspection and all of that is documented within the city. Lauren Mikulak explained the separate entrance has been the biggest issue. She also explained that it has taken the department time to calibrate their inspections as well. • Council Member Stites asked what other outreach is planned at this point. Director Mikulak explained, ADU’s are a little contentious, the city has not done full court press, but has a moment with the new state laws, to capitalize on positive messaging around this. Stites also stated we keep the end goal in mind, which is housing. Heard a lot of people state when this first came up, saying it was in the pocket of the developer. This shows us the issue is the exact opposite of that. He stated he felt the need to move forward with the 2-year grace period. The more people we get into compliance the better. • Council Member Weaver wanted to clarify she no longer has out houses at the farm. She asked if the city has the fund that was created for affordable housing, for some of those places, where they are close, but are needing a grant, might funds be available as part of the other funds created along with taxes. City Manager Patrick Goff stated it could be an option, staff is planning to come back later in the year to discuss how those funds should be spent. Weaver stated ADUs are a home grown way to offer affordable space. City Manager Goff states staff will keep an eye on Prop 123 funding. • Council Member Ohm asked to put this into two different buckets. One being an extension, and two, if someone has one of these and isn’t working toward compliance, he wanted to know if the city had any liability and what will the punitive fines be if someone is caught running an illegal ADU. We have a duty to protect life-safety. Director Mikulak states they must fall into existing building codes, any new ones would have to fall under updated building codes, etc. From a building code liability, there is no liability. Ohm expressed why have a deadline and asks why instead we don’t have a criterion. Mikulak explains that hasn’t been contemplated yet. • Council Member Snell stated that she supported the 2-yearr grace period. What she has heard in conversation is that this is a great gift for those who have elderly family members or transitioning family members to give them a place to be. Sounds like some people may be afraid to ask questions, would be in support to help get the word out with an educational event. • Council Member Hultin asked if the staff had a system which captures inquiries about ADUs so that Council can inform residents of the program. Director Mikulak states they have had this in place since the Ordinance passed. Hultin asked about running a notification in the Gazette about non-conforming. She stated two groups of people at the opposite end of the age spectrum, she would guess are those without the education, and thinks there is a way to educate them. She wanted to acknowledge the time it takes to build an ADU. Planner Cutler advised that all the State legislation is listed in the Memo for this Agenda item. Owner occupancy, Size Requirements and Setbacks are the only three requirements that Wheat Ridge is not already in compliance with. The city has the option to decide if they want to comply with the State legislation on this or not. Council members asked questions about the new state legislation as well as current City Code and Charter. Director Mikulak explained to Council, that they are looking for a consensus to move forward to track this going forward moving toward State compliance, and then would bring back an Ordinance once more information and clarification on all of this was obtained. Mayor asked for a consensus to move forward. Consensus received from Council on the ADU compliance extension, as well as consensus to move forward on State Legislation compliance. 5. STR Code Updates Issue City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs) in February 2021. Since that time, staff has worked to implement the legislation by licensing STRs, collecting the applicable lodgers’ tax, and enforcing the codified regulations. At the regular business meeting on February 12, 2024, Councilor Ohm raised a concern regarding the exemption of townhomes in Mixed Use-Neighborhood (MU- N) zone districts from the whole home licensing cap and, with the support of other members of Council, requested the issue come forward for discussion. Since the STR regulations were put into place about three years ago, staff have additional suggestions for Council’s consideration that might support stronger code enforcement. The enclosed Report includes suggestions to remedy the townhome cap exclusion in mixed- use zone districts, strengthen regulations for marketplace facilitators and align the annual license-cap reporting period to a calendar year. Staff Reports City Manager Goff, Deputy City Manager Alli Scheck, and Finance Manager Mark Colvin presented this item to Council. Deputy City Manager Scheck introduced Finance Manager Mark Colvin, Revenue Supervisor Rachel Monte, and the new Compliance Officer Leo Lopez. Scheck advised council that all were present to answer questions if necessary. She went on to explain some challenging situations with STRs where calls were being received, stating the City was at a 66% compliant rating with these listings when Leo started and now the City has improved to almost 88% compliant. Also explained that we are now at our max STR rate, and so this is now becoming more challenging. Finance Manager Colvin then let Council know they would be giving a background and then giving staff recommendations around this issue. Colvin thanked Councilor Ohm for his work on this issue, and addressing what was referred to as the Townhome loophole. Finance Manager Colvin expressed things that have worked, challenges faced, etc. around short-term rentals and the marketplace facilitators, who market these for the rental period. Council Comments Council members expressed thanks to the staff and to Councilor Ohm for pointing out all these short-term rental updates and suggestions. Several Councilors asked clarifying questions around the comments they had previously received, and if the fee schedule was stringent enough. Council Member Hoppe commented being stricter around these fees. She also stated that it is evident that staff worked very hard to satisfy all notes and points that Council had previously pointed out, and thanked them for paying attention to, and working diligently to bring this to fruition. Mayor asked for consensus to move this issue forward. Consensus was obtained. 6. AHS Implementation Inclusionary Housing Zoning Program Issue The purpose of this memo and the June 3 study session is to discuss the implementation of an Inclusionary Housing Zoning (IHZ) program as recommended by the Affordable Housing Strategy (AHS) and Action Plan adopted by City Council in January 2023. Staff Reports Community Development Director Lauren Mikulak introduced Housing Coordinator Terrance Ware, who has been with the city for 6 months. Mikulak explained that he had brought a lot of experience in the Denver metro area with him to the City of Wheat Ridge, and explained he is by far the expert in the department. Ware explained to Council that he spent many years at HUD in the disaster recovery division, which revolves around housing. Ware spoke about his background, covered the definition of inclusionary housing, compared Wheat Ridge to other cities, discussed the program structure and components, and finalized the presentation with next steps. He also individually explained all six staff recommendations on this item. Council Comments Council members thanked Housing Coordinator Ware for his presentation, and expressed grateful feelings that Wheat Ridge has such a knowledgeable employee to present to them. Discussion evolved around fees in lieu, lack of land in Wheat Ridge, moving toward making current rentals more quality, and an holistic approach to Affordable Housing. Comments were made around median income in Denver and the indications that the income levels in Jefferson County may be higher, and requests that updated data be used moving forward. Mayor asked for a consensus from Council on the recommended steps. Consensus was obtained. 7. Staff Reports Director Mikulak talked about the City Plan being live on What’s Up Wheat Ridge. 8. Council Reports Council discussed events they had attended in the previous week, and upcoming events for Councilors and residents alike to attend in the following week. They thanked residents who put these events together and volunteered their time on behalf of the community. Council Member Larson read a statement about D-Day and Memorial Day, recognizing his family’s part in these historic events. Adjournment Mayor Starker adjourned the meeting at 9:23 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk ________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  June 10, 2024  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Amanda Weaver, Korey Stites, and Dan Larson, Council Member Leah Dozeman joined virtually on zoom. Absent: Rachel Hultin, Janeece Hoppe. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl; Director of Public Works Maria D’Andrea; Sr. Deputy City Clerk Margy Greer; Director of Community Development Lauren Mikulak; Director of Parks and Recreation Karen O’Donnell, Police Division Chief Jim Lorentz, other staff, guests and interested members of the public.  4. Approval of Minutes Study Session Notes of May 5, 2024 Without objection or correction, the minutes were approved as presented. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Proclamation – LGBTQI+ Pride Month - Mayor Starker proclaimed the month of June 2024 “LGBTQI+ Pride Month” and asked that all honor the resilience of the LGBTQI+ people who are fighting to live authentically and freely, and to reaffirm the 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. The Mayor presented the written proclamation to Council Member Jenny Snell. 7. Proclamation – Wheat Ridge Safety Month - Mayor Starker proclaimed the Month of June 2024, as “Wheat Ridge Safety Month” and urged all community members to establish and maintain safe practices in their homes, workplaces, and communities. The Mayor presented the written proclamation to the Wheat Ridge Safety Committee. 8. Proclamation – Juneteenth - Mayor Starker proclaimed June 19, 2024, as “Juneteenth”” in the City of Wheat Ridge, and called 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 called on every person to celebrate Juneteenth and recommit to working together to eradicate systemic racism and inequity in our society wherever they find it. 9. Public’s Right to Speak Kathleen Martell – a member of the Cultural Commission and the Land Acknowledgement Committee – spoke about the various activities that took place the weekend of June 7-9 such as Edgewater Pride, as part of the Jolly Ranchers and the Wheat Ridge for Equity. Panorama Park Sustainable Neighborhoods also had a ribbon cutting for a Xeric Native Garden. She also was a part of the All-American City when Wheat Ridge won the Lifetime designation. She expressed how excited she was to be able to take part in these activities and was proud of all the good work happening in the community. Wheat Ridge Speaks: No comments from Wheat Ridge Speaks or via Zoom. 10. Consent Agenda Council Member Ohm introduced the consent agenda reading each Item and Issue Statement into the Record: a. Resolution 27-2024 – a resolution approving a first amendment to an Intergovernmental Agreement establishing the Jefferson County Regional Crime Laboratory. 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. b. Resolution 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. 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. 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 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. Council Member Ohm made a motion to approve the Consent Agenda Items 1a through 1c, inclusive. It was seconded by Mayor Pro Tem Stites. Vote: 6-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 11. 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 (R-1B) This Council Bill was introduced into the Record by Council Member Weaver. 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. The Mayor opened the public hearing, which was a quasi-judicial matter. Staff Presentation Alayna Olivas-Loera, Planner in the Community Development department, gave a brief presentation which included the background, public notice requirements met, and property current and future use descriptions. Olivas-Loera referenced the detailed Planning Commission staff report, and both Planning Commission and Staff recommendation for approval. Public Comment None. Council Comments Council Member Weaver thanked staff, stated it was close to her house and said it was a great way to bring a property into conformance. Council Member Larson commented this was an open and shut case, and if there was ever a candidate for a proper rezoning, this would be it. Confirmed his support of the item. Council Member Weaver made a motion 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 (R-1B), on second reading, order it published, and that it takes effect fifteen (15) days after final publication. It was seconded by Mayor Pro Tem Stites. Vote: 6-0. The motion carried. 12. 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). This Council Bill was introduced into the Record by Council Member Dozeman. 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. The Mayor opened the public hearing, which was a quasi-judicial matter. Staff Presentation Alayna Olivas-Loera, Planner in the Community Development department, gave a brief presentation which included the background, public notice requirements met, and property current and future use descriptions. Olivas-Loera referenced the detailed Planning Commission staff report, and both Planning Commission and Staff recommendation for approval. Public Comment None. Council Questions and Comments None. Council Member Dozeman made a motion to approve Council Bill No. 09-2024, an ordinance approving the rezoning of Parcel ID 39-193-01-010 from Agricultural-One (A- 1) to Industrial-Employment (I-E), on second reading, order it published, and that it takes effect fifteen (15) days after final publication. It was seconded by Council Member Ohm. Vote: 6-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 13. Council Bill No. 10-2024, an ordinance appointing Jonathan Lucero as presiding Municipal Court Judge and approving a Municipal Judge services agreement This Council Bill was introduced into the Record by Mayor Pro Tem Stites. 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. Mayor Pro Tem Stites made a motion 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 by title and in full on the City’s website as provided by the Home Rule Charter, public hearing set for Monday, June 24, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect 15 days after final publication. It was seconded Council Member Dozeman. Vote: 6-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 14. Resolution No. 29-2024 – a resolution approving the adoption of a land acknowledgement statement for the City of Wheat Ridge. This Council Bill was introduced into the Record by Council Member Snell. 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. Staff Presentation Director of Parks and Recreation, Karen O’Donnell – explained that the Land Acknowledgement Committee was formed in early 2022. The committee did extensive research, contacted Tribal leaders, and collaborated with Indigenous consultants to thoughtfully craft a land acknowledgement statement for the City of Wheat Ridge. In addition to the plan, the committee created an action plan to continue moving forward with the committee’s work. Decisions to include this work in the IDEA Committee moving forward was made during this process, as several members of the Land Acknowledgement committee serve on other Boards and Commissions already. Director O’Donnell asked Council to approve the resolution accepting the Land Acknowledgement statement, support the future direction of the work, and asked for consideration of how Council would like to utilize the statement moving forward. Public Comment None. Council Comments Council Member Larson recognized the hard work and perseverance of the process, and creation of the document. Questioned if there was a fiscal responsibility for the City. Director O’Donnell confirmed there is no obligation required. Council Member Weaver thanked staff for the hard work on this item. Also stated she would like to be able to print the statement, and asked that it go on the website, and said it would be a nice thing on the farm or any business or person, to be able to hang this statement in their home. Council Member Snell acknowledged the committee and the work and time put into the item. It was a long process, and it is the right thing to do, an uneasy path, but right thing to do. In awe of all of the folks involved in this project, as they are also involved in other things in the city, and appreciated their work and grateful for the statement, and said she was glad to be a part of it. Council Member Ohm thanked the committee, staff, and Director O’Donnell. Said he would be supportive of signage in areas around Clear Creek, beyond having the statement read, to identify that the area where signs are placed had indigenous peoples on them. Stated it gives more awareness to the cultural identity. Council Member Snell made a motion to approve Resolution 29-2024 – a resolution approving the adoption of a land acknowledgement statement for the City of Wheat Ridge, seconded by Council Member Ohm. Vote: 6-0. The motion carried. CITY MANAGER’S MATTERS No report. CITY ATTORNEY’S MATTERS No report. ELECTED OFFICIALS’ MATTERS Council Member Snell – said thank you for the proclamations and the land acknowledgement statement. Acknowledged colleagues with the Edgewater Pride group. A group that has grown and is discussing a west side event, so those on the west side of Denver can participate in Pride. Shared excitement around the All- American City event, a moving and important event, where we received a lifetime achievement award. Council Member Larson – would like to remind everyone that the ballots have gone out and asked everyone to vote, congratulated those who have already done so. Council Member Ohm -. talked about a great experience at Little Brazil. Took his family for his daughters’ graduation. They had live music, fees it is important to the community and asked that we support the business. Mayor Pro Tem Stites – wanted to acknowledge all of the great things going on in Wheat Ridge. Stated the City has changed a little bit considering the history and incorporation of the City, changes are great, and thanked everyone including citizens that have had a hand in those changes. Also thanked the Sustainable Applewood group that put on the garage sale last weekend, he was able to get rid of a lot of things. Appreciate all those who came out and purchased items. Also said Little Brazil was fantastic and mentioned that Colorado Plus started construction. Stated all restaurants on 38th support each other and asked the community to support the businesses on 38th as well. Mayor Starker - thanked everyone for coming to Coffee with the Mayor, had a robust group, and a great discussion, will meet again next month. Was honored to be a part of the group that went to the All-American City and participated in Wheat Ridge getting an award. We as a city have great things happening here and great people working on them. Ives ribbon cutting is coming up on Friday, want to welcome them. Want to thank the Sustainable Neighborhoods group, who came and built a xeriscape garden. Mentioned the Study Session coming up next week, and asked citizens to drive safely in the community. ADJOURNED The meeting adjourned at 7:49 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting June 17, 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, Korey Stites, Dan Larson, Janeece Hoppe, and Rachel Hultin. Absent: Jenny Snell, Amanda Weaver, and Leah Dozeman Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck, Division Chief Jim Lorentz, City Attorney Jerry Dahl, and Sr. Deputy City Clerk Margy Greer 3.Public’s Right to Speak None. Wheat Ridge Speaks: There were no public comments from Wheat Ridge Speaks. 4.Wheat Ridge Siren Emergency Notification System Issue The Wheat Ridge Siren Emergency Notification System has reached end of life. The city is no longer able to get replacement parts for the sirens. To remove and install a new replacement siren system has been estimated to cost between $1.5 million and $3 million. Staff’s analysis is that these systems have been replaced by more effective communication methods, such as Lookout Alert, which is the current cellular alerting system being used by Jefferson County and the Jefferson County Communications Center Authority (JeffCom911) Staff Report Police Department Division Chief Jim Lorentz stated the current Emergency Siren Warning System was funded by a 911 Authority grant and was installed in 2008. There are currently 15 sirens throughout Wheat Ridge. He stated the technology has become very outdated over the past 16 years and replacement parts are no longer manufactured. He stated the sirens were activated once in the past five years for a hailstorm, which only caused confusion amongst the residents. He suggested implementing the Lookout Alert system used through JeffCom 911 to provide emergency notifications directly to residents’ cell phones. The system is paid for through the cell phone user fees. Lorentz went on to state that it would cost to decommission the towers; however, the annual maintenance fee would be eliminated from future budgets. Council Comments There was much discussion regarding the possible reuse of the towers or poles. City Manager Patrick Goff stated staff would certainly investigate potential reuse. Council reached consensus on moving forward with the proposal as presented. 5. City Charter Update and Modernization Issue Amendments to the City Charter to update and modernize the language, including provisions to remove ambiguities, clerical errors, and outdated provisions, provide additional flexibility in City operations, and ensure gender and citizenship neutrality. Staff Report City Manager Patrick Goff stated that upon approval from Council, staff performed an exhaustive review of the charter and recommended changes in the following categories: 1) deletion of legacy and transitional text that addresses interim matters solely relevant to the timing of the Charter provision’s original adoption; 2) updates to legal citations; 3) updates for compliance with changes in the law; 4) references to controlling state law; and 5) recommendations based on current practices due to advances in technology and practice since the Charter’s adoption. The suggested amendments have been summarized by topic below. At City Council’s direction, these amendments are non- substantive and staff is not proposing any major policy changes to the Charter at this time. City Council may consider a Charter Commission at a later date to consider more substantive policy changes to the Charter. City Manager Patrick Goff took Council through the proposed changes one Charter Section at a time, reviewing the “redline” version which was included in the Council Agenda packet. City Attorney Jerry Dahl stated the rationale behind the recommended changes. There were proposed changes to Gender Pronouns, Citizenship Neutrality, Legacy and Transition Text, Sec.1.4 Form of Government, Section 2.4 Election Commission, Section 2.7 Recall Procedure, Section 3.4 City Manager, Section 3.8 Duties of City Clerk, Section 3.9 Duties of City Treasurer, Section 5.10.1c(3) Building Height and Density Limitations, Section 8.4 Duties of the Presiding Judge, and Section 10.12(d) Amendments after Adoption. Council Comments Council Members asked questions regarding the proposed changes which were all answered and explained by Patrick Goff or Jerry Dahl. Dahl explained that the proposed changes would need to be in the form of an ordinance which would come before Council. He stated he would prepare a draft ordinance and will try to figure out how to format the proposed changes, so it is easy for the public to understand, be transparent, and try not to be too lengthy. Council Member Hoppe cautioned that using certain words make some people vote down everything. She stated that very few changes were being proposed that were truly gender neutral, most were changing text to state position titles. She suggested packaging the charter changes into some categories that were understandable and transparent and to keep those categories together on the ballot. She suggested having the redline version of the Charter put on the website for easy access and review. Council Member Hultin stated she is concerned about the number of proposed changes and how to better help the residents understand the changes. She stated that the number of changes seem to be over whelming, and we need to be careful how we present the information to the public. She asked that the city be very intentional about how these are packaged. Council Member Larson agreed with other council members stating it was a big project and there is a lot of nuances that will be read into the matter nuances that will be read into the proposed changes. He stated it is a fairly big agree, this is a fairly big project and there are a lot of nuances that will be read into the matter. He stated having a place for people to go to see what exactly is being changed is helpful, along with organizing the questions by subject. Mayor Pro Tem Stites agreed with what other council members had said, stating there are words that are hot topics such as “gender pronouns,” “density,” and “family.” He stated that outreach and education is going to be the biggest help.… Council Member Hultin suggested placing the changes in three categories: 1) Compliance with higher jurisdiction, 2) Accuracy/clarity of definition, and 3) modernization of administrative practices. She stated it would tell the story and be easier to see the changes. There was consensus from City Council to move forward with all the proposed changes. as presented. City Manager Patrick Goff stated the next steps are moving forward with a draft ordinance which will be presented at the August 12 and August 26th meetings; notifying the County of the city’s participation in the election; and then signing an IGA with the County. Council Member Hoppe asked for consensus from Council to ask staff to come back within the next year to discuss potentially changing the city clerk and treasurer positions from elected positions to appointed positions. She stated that the vote would need to take place in 2025 or 2026, in a year when they were not running for us. Consensus was reached. 6. City Manager’s Report City Manager Patrick Goff spoke about a new incentive program for shopping along Wadsworth Blvd during their reconstruction, wherein LocalWorks is offering an opportunity for shoppers to win $1000. He also announced the opening of the Rooney Road yard waste disposal site. 7. Elected Officials’ Reports Council Member Hultin stating she represented the city at a national retreat last week regarding transportation and infrastructure. She stated there may be a benefit to the city, since funding may go directly to cities and towns for safety-related issues and bypass the State. She also asked if the city could investigate bicycle parking issues with private businesses, as bikes are parking on the ADA ramp entrance at Safeway. Mr. Goff stated he would see what could be done. Council Member Ohm agreed with the bicycle parking issues and hoped staff would look into the matter. He also spoke about the ribbon cutting for The Ives, an affordable housing project in Wheat Ridge. Mayor Pro Stites stated the grand opening of The Ives stating the facilities were beautiful and he believes the neighbors will going to like the facility. Council Member Larson stated he was also at the ribbon cutting ceremony for The Ives and was impressed by the number of people who attending from Housing and Urban Development (HUD) and other officials from the state and federal government. He stated it was impressive that a small 50-unit project was being so recognized in Wheat Ridge. He also reminded everyone to help celebrate RidgeFest at Anderson Park. City Manager Goff reminded Council that City Hall would be closed on Wednesday in celebration of the Juneteenth Holiday. 8. Adjournment Mayor Starker adjourned the meeting at 7:56 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk ________________________________ Korey Stites, Mayor Pro Tem ITEM NO: 1a DATE: June 24, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 30-2024 – A RESOLUTION AMENDING THE 2024 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $114,239 FOR THE PURPOSE OF FUNDING REPAIRS TO THE ANDERSON POOL 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 leisure pool at Anderson Park encountered numerous pipe leaks that required immediate repair to safeguard the facility's integrity and allow for continued outdoor aquatics in the Wheat Ridge community. This project was budgeted and approved by Council in December of 2023 and completed in May of 2024, but the funds were mistakenly not carried over to the 2024 Conservation Trust Fund (CTF) budget. PRIOR ACTION: A contract in the amount of $106,713 was awarded to Progressive Commercial Aquatics on December 11, 2023. The total amount increased to $114,239 because three additional leaks were discovered while the work was being done. FINANCIAL IMPACT: Staff budgeted $140,000 in the CTF budget in 2023 but neglected to carry over the funds into 2024 to complete the project. As a result, these funds returned to the fund balance. Even with the increased cost associated with the three additional leaks, the project came in under budget, and therefore the fund balance would remain higher than projected for 2023. Council Action Form – Conservation Trust Fund Budget Supplemental June 24, 2024 Page 2 BACKGROUND: The Anderson Pool underwent a substantial transformation in 2008 with the aim of elevating the overall experience for its patrons. However, this renovation did not include replacement of mechanical infrastructure and underground pipes. The leisure pool has had numerous pipe leaks, necessitating swift repairs to uphold the facility's integrity and honor the City’s commitment to sustainability. These leaks within the leisure pool's pipes not only compromised the facility's functionality and efficiency, but also raised valid concerns about water conservation and its environmental impact. The skimmer leak repair addressed the pipe leaks during the winter/spring season. This proactive approach was designed to minimize the potential for service interruptions during the summer months. The project was budgeted in 2023 and the contract was awarded in December of 2023, but the work didn’t begin until early 2024. During the budget carry over process, this project was mistakenly left out and the funds returned to the CTF fund balance. A budget supplemental is required in order to ensure that all 2024 budgeted projects can be completed as scheduled. RECOMMENDATIONS: Staff recommends the approval of this resolution to properly account for the Anderson Pool skimmer leak project that was budgeted in 2023. RECOMMENDED MOTION: “I move to approve Resolution No. 30-2024, a resolution amending the 2024 Conservation Trust Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $114,239 for the purpose of funding repairs to the Anderson Pool.” Or, “I move to postpone indefinitely Resolution No. 30-2024, a resolution amending the 2024 Conservation Trust Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $114,239 for the purpose of funding repairs to the Anderson Pool for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 30-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 30 Series of 2024 TITLE: A RESOLUTION AMENDING THE 2024 CONSERVATION TRUST FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $114,239 FOR THE PURPOSE OF FUNDING REPAIRS TO THE ANDERSON POOL WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, Wheat Ridge City Council previously approved the 2024 Conservation Trust Fund (Fund 54) budget; and WHEREAS, the City incurred an expense of $114,239 to repair the Anderson Pool skimmer leak; and WHEREAS, the leak was included in the 2023 Conservation Trust Fund budget, but the funds were mistakenly not carried over. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. A supplemental budget appropriation of $114,239 is hereby approved from Conservation Trust Fund reserves to account No. 54-601-800-870 for the purpose of budgeting for repairs to the Anderson Pool. DONE AND RESOLVED this 24th day of June 2024. Bud Starker, Mayor ATTEST: _______ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1 ITEM NO: 1b DATE: June 24, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO CANCEL THE JULY 1, 2024 CITY COUNCIL MEETING PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ______________________________ City Manager ISSUE: The City Council Meeting of July 1, 2024 currently does not have any scheduled agenda items. Due to the Independence Day Holiday and several Council and staff members being on holiday and seeing there are no items currently scheduled for this date it is recommended that City Council cancel this meeting. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommend canceling the City Council Meeting scheduled for July 1, 2024. RECOMMENDED MOTION: “I move to cancel the July 1, 2024, City Council Meeting.” Or, “I move to not cancel the July 1, 2024, City Council Meeting for the following reason(s)__________________________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Your signature here ITEM NO: 1c DATE: June 24, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE APPOINTMENT OF MEGGEN RUMLEY TO THE CULTURAL COMMISSION PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Sr. Deputy City Clerk City Manager ISSUE: As of May 8, 2024, the Cultural Commission has one vacancy in District II. This position was advertised for a total of two weeks. The application received from Meggen Rumley was reviewed and distributed to Council District II representatives to review for possible appointment. PRIOR ACTION: Members of City Council appoint members to boards and commissions annually and as needed throughout the year when vacancies are filled. FINANCIAL IMPACT: None BACKGROUND: Each year, the City advertises for residents who might be interested in volunteering on one of the Boards, Commissions, Authorities, or Committees. Vacant positions were advertised through a multi-week promotional campaign including the City’s website, social media, and email newsletters. Board, Commission, Authority, and Committee (BCAC) liaisons were also asked to reach out to members of these Boards to encourage residents to apply. RECOMMENDATIONS: Staff recommends the appointment of Meggen Rumley for the Cultural Commission as she is a current resident of District II and has submitted an application for this vacancy. Council Action Form – Cultural Commission Appointment June 24, 2024 Page 2 RECOMMENDED MOTION: “I move to appoint Meggen Rumley to the Cultural Commission, District II seat, term to expire March 02, 2026.” Or, “I move to postpone appointment to the Cultural Commission indefinitely, for the following reason(s)________________.” REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Margy Greer, Sr. Deputy City Clerk Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Meggen Rumley application packet 2024 Board, Commissions, Authorities, and Committees Vacancy Appointment Applicant Summary Last Name First Name District Notes Application Hyperlink Rumley Meggen II App received 5.8.24 Rumleytattoos@gmail.com Cultural Commission - Please select one commissioner from District II. Please note that an out of District appointment may be made at Council's discretion. ITEM NO: 2 DATE: June 24, 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 the 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. City Council approved this ordinance on first reading on June 10, 2024. A motion was made by Councilmember Stites and seconded by Councilmember Dozeman and was approved by a vote of 6 to 0. CAF – Appointment of Presiding Municipal Court Judge June 24, 2024 Page 2 FINANCIAL IMPACT: Judge Lucero will be compensated at $110.00 per hour. 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: CAF – Appointment of Presiding Municipal Court Judge June 24, 2024 Page 3 • 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. • 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 second reading, order it published, 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 Stites 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 6 to 0 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: 3 DATE: June 24, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2024 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11910 W. 52ND AVENUE FROM INDUSTRIAL-EMPLOYMENT (I-E) TO MIXED USE-COMMERICAL TOD (MU-C TOD) (CASE NO. WZ-24-06) PUBLIC HEARING ORDINANCES FOR 1ST READING (06/24/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/22/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: Confluent Development, LLC is requesting approval of a zone change from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) at property located at 11910 W. 52nd Avenue. The purpose of the rezoning request is to allow for the mix of land uses, densities, and urban form as contemplated in the Northwest Subarea Plan. PRIOR ACTION: Planning Commission reviewed this request at a public hearing held on June 13, 2024, and recommended approval. The staff report and a copy of the draft Planning Commission minutes will be provided with the second reading materials. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-24-06. 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 11910 W. 52nd Avenue June 24, 2024 Page 2 BACKGROUND: The property is located on the south side of W. 52nd Avenue, between Ward Road and Taft Court, and is just north of the RTD Wheat Ridge Ward Road Station. This property is located within the TOD area which has seen a large amount of investment, both public and private, in the last several years including many infrastructure improvements, the Toll Brothers residential development, Parallel Apartments, and Hance Ranch. According to the Jefferson County Assessor, the site is approximately 99,665 square feet (2.288 acres). The property is currently unimproved and is being used as a boat/RV storage facility. Current Zoning The property is currently zoned Industrial-Employment (I-E). Properties to the west and south are also zoned I-E and Mixed Use-Neighborhood (MU-N) to the east. The properties located immediately across W. 52nd Avenue to the north are within the boundaries of unincorporated Jefferson County and contain lower density residential uses. Proposed Zoning The applicant is requesting a zone change from I-E to MU-C TOD. The MU-C TOD zone district was created specifically for areas within one half mile of light rail and commuter rail stations. It permits a wide range of uses and allows densities that support transit ridership and is intended to enhance connections to transit. Permitted uses include commercial and residential, or a mix of the two. The applicant is requesting the zone change to MU-C TOD in order to develop the site for a residential or mixed-use development. Several residential projects have been completed over the last decade, and the majority of non-residential properties are zoned Industrial-Employment (I-E). Wheat Ridge has very limited industrial properties remaining, and the City has sought to balance a mix of residential and employment uses near the station. In recognition of existing land uses, the Northwest Subarea Plan considers the Wheat Ridge · Ward Station to be a job focused transit station, and the current I-E zoning in the area helps reflect that vision. The City has been protective of the industrially zoned land south of the tracks (between the I-70 frontage road and railroad tracks) in order to retain the potential for an employment base and additional job creation. Residential development and this particular proposal can be supported north of the tracks but would not be supported in a location farther south. The subject property is part of the I-70/Kipling Urban Renewal Area and part of the voter-approved area exempted from the charter’s height and density limits. The applicant believes their proposal aligns with the City’s adopted plans, goals, and policies for the TOD area. Additionally, if approved, the rezoning of this property would work towards unifying the zoning in the area and would enable the opportunity to enhance connections to transit. A full analysis of the zone change criteria will be provided in the Planning Division staff report at second reading. RECOMMENDATIONS: The application in this case is for the rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. Council Action Form – Proposed Rezoning at 11910 W. 52nd Avenue June 24, 2024 Page 3 As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. Because it is important that the applicant and all interested parties have their due process rights to a hearing, the City Attorney advises Council to approve rezoning ordinances on first reading. This merely sets the date for the public hearing, and for this reason, the packet materials provided on first reading are generally limited. The Planning Division staff report and Planning Commission minutes will be included in the City Council packet for the public hearing. RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2024, an ordinance approving the rezoning of property located at 11910 W. 52nd Avenue from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) on first reading, order it published by title and in full on the City’s website as provided by the Home Rule Charter, public hearing set for Monday, July 22, 2024, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect 15 days after final publication.” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2024 ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER __________ COUNCIL BILL NO. 11 ORDINANCE NO. 1796 Series of 2024 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 11910 W. 52ND AVENUE FROM INDUSTRIAL- EMPLOYMENT (I-E) TO MIXED USE-COMMERICAL TOD (MU-C TOD) (CASE NO. WZ-24-06) 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, Confluent Development, LLC has submitted a land use application for approval of a zone change to the Mixed Use-Commercial TOD (MU-C TOD) zone district for property located at 11910 W. 52nd Avenue; and WHEREAS, the City of Wheat Ridge has adopted multiple plans, including the comprehensive plan and the Northwest Subarea Plan, which designate the site as “Mixed Use TOD”, encouraging residential density, a mix of uses, and bike and pedestrian connections around the transit station; and WHEREAS, a rezoning to MU-C TOD would encourage revitalization of the site and will enable the land to utilized for the highest and best use; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on June 13, 2024, and recommended approval of rezoning the property to Mixed Use- Commercial TOD (MU-C TOD). 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 Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) for property located at 11910 W. 52nd Avenue, 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 TRACT OF LAND LOCATED IN LOT 14, STANDLEY HEIGHTS, A SUBDIVISION IN THE OFFICIAL RECORDS OF JEFFERSON COUNTY, COLORADO, SITUATED IN THE SOUTHEAST 1/4 OF SECTION 17, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BASIS OF BEARINGS: THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 17 BEARS N89°11'13"E, PER THE CITY OF WHEAT RIDGE HORIZONTAL CONTROL BASE MAP DATED FEBRUARY 3, 2010, MONUMENTED ON THE WEST END BY A FOUND 2.5" ALUMINUM CAP IN RANGE BOX STAMPED "PLS 28291" (AKA WHEAT RIDGE CONTROL POINT 12109) AND ON THE EAST END BY A FOUND 3.5" BRASS CAP IN RANGE BOX STAMPED, "LS 13212" (AKA WHEAT RIDGE CONTROL POINT 12209). COMMENCING AT THE CENTER 1/4 CORNER OF SAID SECTION 17; THENCE ON SAID NORTH LINE, N89°11'13"E, A DISTANCE OF 1362.28 FEET; THENCE S00°17'56"E, A DISTANCE OF 30.00 FEET TO AN ILLEGIBLE FOUND 1.5" ALUMINUM CAP STAMPED "10##4", BEING 296.22 FEET EAST OF THE NORTHWEST CORNER OF SAID LOT 14, ALSO BEING THE POINT OF BEGINNING; THENCE ON THE A LINE 30.00 FEET SOUTH OF, AND PARALLEL WITH SAID NORTH LINE, AND ON THE SOUTH LINE OF WEST 52ND AVENUE PUBLIC RIGHT-OF-WAY, N89°11'13"E, A DISTANCE OF 150.94 FEET; THENCE ON THE WESTERLY RIGHT-OF-WAY OF TAFT COURT AS DEFINED BY WARD ROAD STATION SUBDIVISION, RECEPTION NUMBER 2014092875 OF THE OFFICIAL RECORDS OF JEFFERSON COUNTY, S00°17'56"E, A DISTANCE OF 421.95 FEET TO THE NORTHEAST CORNER OF PARCEL NO. GL-56 REV 1, RECORDED AT RECEPTION NUMBER 2014026089 AND AN INTERIOR CORNER OF SAID WARD ROAD STATION SUBDIVISION; THENCE ON THE NORTHERLY LINE OF BOTH SAID WARD ROAD STATION SUBDIVISION AND SAID PARCEL NO. GL-56 REV 1, S89°40'58"W, A DISTANCE OF 447.14 FEET TO THE LINE COMMON TO BOTH LOT 14 AND 17, SAID STANDLEY HEIGHTS; THENCE ON SAID COMMON LINE, N00°17'56"W, A DISTANCE OF 5.43 FEET TO THE NORTHEAST CORNER OF SAID LOT 17, THE SOUTHEAST CORNER OF LOT 13, SAID STANDLEY HEIGHTS AND THE SOUTHEAST CORNER OF PARCEL 6-A AS DEFINED IN RECEPTION NUMBER 1968878; THENCE ON THE SOUTH, WEST AND NORTH LINES OF SAID PARCEL 6-A THE FOLLOWING THREE (3) COURSES: 1) ALSO, ON THE LINE COMMON TO BOTH SAID LOTS 13 AND 17, S89°11'13"W, A DISTANCE OF 7.65 FEET; 2) N00°22'30"W, A DISTANCE OF 262.65 FEET; 3) N89°11'13"E, A DISTANCE OF 7.99 FEET; THENCE ON THE LINE COMMON TO BOTH SAID LOTS 13 AND 14 AND THE WESTERLY LINE OF PARCEL 3-A AS DEFINED IN RECEPTION NUMBERS 1902831 AND 1968878, N00°17'56"W, A DISTANCE OF 1.05 FEET TO THE NORTHWEST CORNER OF SAID PARCEL 3-A; THENCE ON THE NORTH LINE OF SAID PARCEL 3-A AND THE NORTH LINE OF PARCEL 2-A AS DEFINED IN RECEPTION NUMBERS 1902830 AND 1968878, AND THOSE LINES EXTENDED, N89°41'51"E, A DISTANCE OF 221.11 FEET; THENCE ON THE EAST LINE OF SAID PARCEL 2-A, S00°17'56"E, A DISTANCE OF 6.08 FEET; THENCE N89°11'13"E, A DISTANCE OF 75.10 FEET; THENCE N00°17'56"W, A DISTANCE OF 157.01 FEET TO THE POINT OF BEGINNING, CONTAINING 144,918 SQUARE FEET OR 3.33 ACRES, MORE OR LESS. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed. If any section, subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 6. Effective Date. This Ordinance shall take effect 15 days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 24th 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 Monday, July 22, 2024, at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _____ to _____, this _____ day of ___________, 2024. SIGNED by the Mayor on this _______ day of _______________, 2024. ______________________________________ Bud Starker, Mayor ATTEST: _______________________________________ Stephen Kirkpatrick, City Clerk Approved as to Form _______________________________________ Gerald Dahl, City Attorney 1st publication: June 25, 2024 2nd publication: July 23, 2024 Jeffco Transcript: Effective Date: August 8, 2024 ITEM NO: 4 DATE: June 24, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 31-2024 – A RESOLUTION APPROVING A TAX INCREMENT REVENUE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE WHEAT RIDGE URBAN RENEWAL AUTHORITY DBA RENEWAL WHEAT RIDGE PERTAINING TO THE CLEARVALE URBAN RENEWAL PLAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ _______________________ Steve Art, Executive Director City Manager ISSUE: The Clearvale Urban Renewal Plan (Plan) was prepared at the direction of the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge (RWR) that ultimately is subject to consideration and approval by the Wheat Ridge City Council (City). This resolution authorizes the Mayor to enter into a Tax Increment Revenue Agreement (the Agreement) providing for RWR to retain 100% of the City TIF generated within the Plan area. Such an agreement with the City, and the other taxing entities that collect a mill levy within the proposed Plan area, is necessary in advance of the City considering approval of the Plan. PRIOR ACTION: City Council provided direction to staff on August 1, 2022, to move forward with the formation documents required for the Clearvale Urban Renewal Plan. On March 18, 2024, City Council reviewed the Plan at a study session and consensus was reached to bring the Plan back for final adoption. Council Action Form – Clearvale Tax Increment Revenue Agreement June 24, 2024 Page 2 FISCAL IMPACTS: The City of Wheat Ridge has a 1.830 mill levy. The City’s share of the current property tax base in the Plan area is $9,067, shown in Table 9, and will continue to be collected by the City. The base amount is expected to grow at 3.0 percent every two years resulting in an annual amount of $12,928 in year 25 and generating a total of approximately $274,200 over the 25-year period. After the 25-year period is complete, the City’s share of property tax revenues will increase to between $33,000 in Scenario 1 to $50,500 in Scenario 2 due to new development. BACKGROUND: The Plan area is located within the City of Wheat Ridge in Jefferson County. The Plan area is comprised of 28 parcels on approximately 109 acres of land plus adjacent right-of-way. The Council Action Form – Clearvale Tax Increment Revenue Agreement June 24, 2024 Page 3 location of the Plan area is generally bound by West I-70 Frontage Road North to the north, West 44th Avenue to the south, Garrison Street to the west, and Wadsworth Boulevard and Clear Creek to the east. The overall objective of this Plan is to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents: • Wheat Ridge Comprehensive Plan (Envision Wheat Ridge) (2009), and • 44th Avenue Subarea Plan (2021) The Plan is intended to stimulate private sector development in the Plan area with a combination of private investment and RWR financing. The Plan objectives are: • Implement Envision Wheat Ridge and 44th Avenue Subarea Plan, and • Prevent and eliminate conditions of blight within the City of Wheat Ridge, and • Encourage and provide incentives for private and economic development, and • Encourage the development of projects that would not otherwise be considered financially feasible without the participation of RWR, and • Enhance the current property tax revenue within the city and county with development that will increase the assessed valuation. Anticipated activities within the Plan area include the redevelopment of the vacant US Truck School property into a new light industrial building. Funds would be used to remove and mitigate portions of the flood plain to allow a large structure to be constructed. State statutes requires that RWR, as the City’s urban renewal authority, engage with the tax entities that impose a mill levy within the proposed Plan area to discuss and address service impacts that may result from new development and the allocation of incremental taxes. To date, the URA has reached tentative agreements or is in active negotiations for tax increment agreements with: • Mile High Flood District/Urban Drainage • Arvada Fire District • Jefferson County School District • Clear Creek Sanitation District • City of Wheat Ridge (under consideration with this report) • WR Water District The terms of the agreement before you this evening include the following: The City and RWR agree that RWR may retain and expend 100% of the increment generated from the City’s mill levy in the Plan area for a period of 25-years. RECOMMENDATIONS: It is recommended by staff to enter into the Agreement. Adoption of this resolution will provide a portion of funding to remediate the blighting conditions in the Plan area. Council Action Form – Clearvale Tax Increment Revenue Agreement June 24, 2024 Page 4 RECOMMENDED MOTION: “I move to approve Resolution No. 31-2024, a resolution approving a Tax Increment Revenue Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge pertaining to the Clearvale Urban Renewal Plan.” Or, “I move to table indefinitely Resolution No. 31-2024, a resolution approving a Tax Increment Revenue Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge pertaining to the Clearvale Urban Renewal Plan, for the following reason(s)__________________________________________________________.” ATTACHMENTS: 1. Resolution No. 31-2024 2. Exhibit A - Tax Sharing Revenue Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31 Series of 2024 TITLE: A RESOLUTION APPROVING A TAX INCREMENT REVENUE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE WHEAT RIDGE URBAN RENEWAL AUTHORITY DBA RENEWAL WHEAT RIDGE PERTAINING TO THE CLEARVALE URBAN RENEWAL PLAN WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the City Council of the City (the “City Council”) established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended; and WHEREAS, the City Council has reviewed the Tax Increment Revenue Agreement, as shown in Exhibit A, for a proposed Clearvale Urban Renewal Plan area; and WHEREAS, the Authority has determined that the inclusion of Tax Increment Revenues are necessary to remediate blighting conditions in the proposed plan area is consistent with and in furtherance of the purposes of the Authority and the Plan; and WHEREAS, the Urban Renewal Plan contemplates that a primary method of financing projects within the Urban Renewal Area will be through the use of property tax increment revenues and City sales tax increment revenues; and WHEREAS, the Plan will adopt the utilization of property and sales tax increment for the Property and authorizes the Authority to pledge such property tax increment revenues and City sales tax increment revenues to finance public infrastructure that benefits the Urban Renewal Area (as defined therein); and WHEREAS, in order to finance certain eligible improvements for the Plan Area, the requirements for the establishment of an urban renewal plan are outlined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. In order to establish an area for urban renewal, there are an array of conditions that must be documented to establish a condition of blight (C.R.S.) § 31‐25‐103; and WHEREAS, there have been identified many blighting conditions and the necessity to remediate those blighting conditions through the use of Tax Increment Financing. ATTACHMENT 1 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the City’s home rule charter (the “Charter”), and in accordance with the foregoing recitals, that adopting this Resolution, entering into a Tax Increment Revenue Agreement is in the best interests of the inhabitants of the City. Section 2. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Resolution and to place the seal of the City on any document authorized and approved by this Resolution. The Mayor, the City Manager, the City Clerk, the City Attorney, and all other appropriate officials or employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to facilitate the redevelopment of the Project and implement and carry out the transactions and other matters authorized by this Resolution. Section 3. Ratification. All actions (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council, or the officers, employees or agents of the City directed toward the redevelopment of the Project and the execution and delivery of the First Amendment are hereby ratified, approved and confirmed. Section 4. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the documents hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the same are severable. Section 5. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 6. Effectiveness. This Resolution shall take effect immediately. DONE AND RESOLVED this 24th day of June 2024. Bud Starker, Mayor Attest: Margy Greer, Senior Deputy City Clerk 3 EXHIBIT A TAX INCREMENT REVENUE AGREEMENT (CITY OF WHEAT RIDGE) (CLEARVALE URBAN RENEWAL PLAN) TAX INCREMENT REVENUE AGREEMENT (CITY OF WHEAT RIDGE) (Clearvale Urban Renewal Plan) This Tax Increment Revenue Agreement (the “Agreement”) is entered into as of [_____________], 2024 (the “Effective Date”) by and between the WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a RENEWAL WHEAT RIDGE, a body corporate and politic of the State of Colorado (the “Authority”), whose address is 7500 West 29th Avenue, Wheat Ridge, CO 80033, and the CITY OF WHEAT RIDGE, COLORADO , a Colorado home rule municipality (the “City”), whose address is 7500 West 29th Avenue, Wheat Ridge, CO 80033. The Authority, and the City are referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS The following recitals are incorporated in and made a part of this Agreement, as noted in Section 1 below. Capitalized terms used herein and not otherwise defined are defined in Section 2 below. A. Redevelopment. The Parties understand that the real property described in Exhibit A (the “Property”) lying within the corporate limits of the City lies within an area the City desires to designate as an urban renewal area, namely the Clearvale Urban Renewal Plan (the “Plan”), to be redeveloped by one or more developers and/or property owner(s) as a mixed-use development(s) that will eliminate existing blighted conditions which constitute threats to the health, safety and welfare of the community and barriers to development. . B. Urban Renewal and Tax Increment Financing. To accomplish the redevelopment and to provide certain required improvements, the City desires to approve the Plan in order to authorize the utilization of tax increment financing in accordance with the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the “Act”), to pay Eligible Costs of the Improvements. The final version of the Plan as approved by the City Council of the City shall be the “Plan” for purposes of this Agreement. The Parties hereto hereby approve the Plan in all respects. C. Nature of Urban Renewal Project and Purpose of Agreement. The proposed Urban Renewal Project consists of designing, developing and constructing the Improvements (which includes paying the Eligible Costs of public improvements) necessary to serve the proposed Urban Renewal Area and, in compliance with §31-25-107(4)(g) of the Act, the Plan affords maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the Urban Renewal Area by private enterprise. Approval of the Plan is subject to the Act, including requirements imposed by HB 15-1348, as amended to date (the “Amended 1348 Requirements”) for new urban renewal plans adopted after January 1, 2016. D. Taxing Entity. The City levies ad valorem property taxes on the Property included within the proposed Urban Renewal Area. ATTACHMENT 2 2 E. Equitable Deal Structure. The City and the Authority, along with other taxing Districts, have undertaken to prepare an equitable deal structure including a significant contribution of incremental property tax revenues from certain applicable taxing Districts. F. Colorado Urban Renewal Law. In accordance with the Act as amended to the date of this Agreement (including the Amended 1348 Requirements), the Parties desire to enter into this Agreement to facilitate adoption of the Plan and redevelopment of the proposed Urban Renewal Area described therein. The Agreement addresses, among other things, the estimated impacts of the Plan on City services associated solely with the Plan. AGREEMENT NOW, THEREFORE, in consideration of the covenants, promises and agreements of each of the Parties hereto, to be kept and performed by each of them, it is agreed by and between the Parties hereto as set forth herein. 1. INCORPORATION OF RECITALS. The foregoing recitals are incorporated into and made a part of this Agreement. 2. DEFINITIONS. As used in this Agreement: 2.1 “Act” means the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. 2.2 “Agreement” means this Agreement, as it may be amended or supplemented in writing. References to sections or exhibits are to this Agreement unless otherwise qualified. 2.3 “Authority” means the Wheat Ridge Urban Renewal Authority, doing business as Renewal Wheat Ridge, a body corporate and politic of the State of Colorado. 2.4 “Bonds” shall have the same meaning as defined in §31-25-103 of the Act. 2.5 “City” means the City of Wheat Ridge, Colorado. 2.6 “County” means Jefferson County, Colorado. 2.7 “City Increment” means the portion of Property Tax Increment Revenues generated by the City of Wheat Ridge mill levy, received by the Authority from the Jefferson County Treasurer. 2.8 “Duration” means the 25-year period that the tax increment or tax allocation provisions will be in effect as specified in §31-25-107(9)(a) of the Act, the Plan, and the Impact Report. Pursuant to the Act, the base year for calculating Property Tax Increment Revenues is 2023. The last year the assessment roll will be divided for purposes of TIF is 2048 and the last year the Authority is eligible to receive Property Tax Increment Revenues from the Plan area is 2048. 3 2.9 “Eligible Costs” means those costs eligible to be paid or reimbursed from the Property Tax Increment Revenues pursuant to the Act. 2.10 “Impact Report” means the impact report dated as of February 1, 2024, and prepared by Economic and Planning Systems (“EPS”) analyzing and projecting the financial burdens and benefits of the Urban Renewal Project pursuant to §31-25-107(3.5) of the Act. 2.11 “Improvements” means the public improvements and private improvements to be constructed on the Property pursuant to the Plan. 2.12 “Party” or “Parties” means the Authority and the City, or each and their lawful successors and assigns. 2.13 “Plan” means the urban renewal plan defined in Recital B above. 2.14 “Project” shall have the same meaning as Urban Renewal Project. 2.15 “Property Tax Increment Revenues” means the incremental property tax revenues derived from ad valorem property tax levies described in §31-25-107(9)(a)(II) of the Act allocated to the Special Fund for the Urban Renewal Project. 2.16 “Special Fund” means that certain special fund of the Authority into which Property Tax Increment Revenues shall be allocated to and paid into, as more particularly described in the Act. 2.17 “TIF” means the property tax increment portion of the property tax assessment roll described in §31-25-107(9)(a)(II) of the Act. 2.18 “Urban Renewal Area” means the area included in the boundaries of the Plan. 2.19 “Urban Renewal Project” means all undertakings and activities, or any combination thereof, required to carry out the Plan pursuant to the Act. 3. IMPACT REPORT. The Parties acknowledge receipt of, and the opportunity to review, the Impact Report, submitted in accordance C.R.S. §31-25-107(3.5)(a). The Impact Report describes the benefits and burdens of the Plan. Having received the Impact Report prior to the commencement of negotiations for the purposes of entering into this Agreement, the City hereby waives any other statutory requirements related to receipt of the Impact Report. 4. CONSENT TO CURRENT PLAN. The City hereby agrees to, and waives any objection to the Plan. 5. PROPERTY TAX INCREMENT REVENUES. In compliance with the requirements of the Act, including the Amended 1348 Requirements, the Parties have negotiated and agreed to the sharing of Property Tax Increment Revenues as set forth herein. 5.1 City Increment Revenues. The City and the Authority agree that the Authority may retain and expend in furtherance of the Urban Renewal Project 100% of the City Increment, 4 commencing on the date of approval by the City of the Plan and ending upon the earlier of: 1) the occurrence of the Duration; or 2) the payment in full of all bonds, loans, advances and indebtedness, if any, incurred by the Authority to pay for the Improvements, including interest thereon and any premiums due in connection therewith in accordance with §31-25-107(9)(a)(II) of the Act. Upon the earlier of: 1) the occurrence of the Duration; or 2) the payment in full of all bonds, loans, advances and indebtedness, if any, incurred by the Authority to pay for the Improvements, including interest thereon and any premiums due in connection therewith in accordance with §31-25-107(9)(a)(II) of the Act, the entire City Increment shall be paid by the Jefferson County Assessor to the City, and not to the Authority. The Authority shall annually provide a written report to the City on progress towards completion of the Improvements. The report shall include information related to any significant changes in project scope or cost. 5.2 All of the City Increment upon receipt by the Authority will be deposited into the Special Fund to be utilized in accordance with Section 5.1 hereof. No City Increment will be deposited or transferred into any other Authority fund or into the general fund or any other fund. 6. PLEDGE OF PROPERTY TAX INCREMENT REVENUES. The City recognizes and agrees that in reliance on this Agreement and in accordance with the provisions of §31-25-109(2)(b) of the Act, the Authority has the right to pledge the City Increment to the payment of the Authority’s Bonds (if any are or have been issued) and other financial obligations incurred in connection with the Urban Renewal Project. The City and the Authority also recognize and agree that this Agreement is an indebtedness of the Authority under §31-25-107(9)(a)(II) of the Act and the Authority has elected to apply the provisions of §11-57-208, C.R.S., to this Agreement with respect to the City Increment. The \City Increment, when and as received by the Authority are and shall be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the City Increment shall have priority over any of all other obligations and liabilities of the Authority with respect to the City Increment. The lien of such pledge shall be valid, binding and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the Authority irrespective of whether such persons have notice of such lien. 7. WAIVER. The City acknowledges and agrees that the execution of this Agreement satisfies the requirements of the Act regarding all applicable Amended 1348 Requirements for the adoption of the Plan, TIF financing in accordance with the Plan, except those that may apply to future modifications of the Plan as required by Sections 31-25-107(3.5) and (7) of the Act. Subject to such right to receive notice of any proposed future modification of the Plan, the City hereby waives any provision of the Act that provides for notice to, requires any filing with or by, requires or permits consent from, or provides any enforcement right to the City. The City agrees that it has already received information equivalent to the information otherwise required to be provided to it by Section 31-25-107(3.5) of the Act in the form of the Impact Report, and therefore hereby deem that requirement satisfied. 8. LIMITATION OF AGREEMENT. This Agreement applies only to the City Increment, as calculated, produced, collected and paid to the Authority from the Urban Renewal Area by the Jefferson County Treasurer in accordance with §31-25-107(9)(a)(II) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of the City, City or the Authority. 5 9. MISCELLANEOUS. 9.1 Delays. Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God; fires; floods; earthquake; abnormal weather; strikes; labor disputes; accidents; regulation or order of civil or military authorities; shortages of labor or materials; or other causes, similar or dissimilar, including economic downturns, which are beyond the control of such Party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of a Party to abide by its obligations as provided in this Agreement, as soon as the event causing such interruption shall no longer prevail, the applicable Party shall fulfill all of its obligations as soon as reasonably practicable. 9.2 Termination and Subsequent Legislation or Litigation. In the event of termination of the Plan, including its TIF financing component, the Authority may terminate this Agreement by delivering written notice to the City. The Parties further agree that in the event legislation is adopted or a decision by a court of competent jurisdiction is rendered after the effective date of this Agreement that invalidates or materially effects any provisions hereof, the Parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement, but does not impair any otherwise valid contracts in effect at such time. 9.3 Entire Agreement. This instrument embodies the entire agreement of the Parties with respect to the subject matter hereof. 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 hereto. No modification to this Agreement shall be valid unless agreed to in writing by the Parties. 9.4 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their successors in interest. 9.5 No Third-Party Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned Parties that any person or entity other than the undersigned Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 9.6 No Waiver of Immunities. Nothing in this Agreement shall be construed as a waiver of the rights and privileges of the Parties pursuant to the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as the same may be amended from time to time. No portion of this Agreement shall be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this agreement. 9.7 Amendment. This Agreement may be amended only by an instrument in writing signed by the Parties. 6 9.8 Parties not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be partners or joint venturers, and no Party shall be responsible for any debt or liability of any other Party. 9.9 Interpretation. All references herein to Bonds shall be interpreted to include the incurrence of debt by the Authority in any form consistent with the definition of “Bonds” in the Act, including payment of Eligible Costs or any other lawful financing obligation. 9.10 Incorporation of Recitals and Exhibits. The provisions of the Recitals and the Exhibits attached to this Agreement are incorporated in and made a part of this Agreement. 9.11 No Assignment. No Party may assign any of its rights or obligations under this Agreement. Any attempted assignment in violation of this provision shall be null and void and of no force and effect. 9.12 Section Captions. The captions of the sections are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 9.13 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 9.14 Electronic Transactions. The Parties agree that any individual or individuals who are authorized to execute this Agreement on behalf of the Authority and the City are hereby authorized to execute this Agreement electronically via facsimile or email signature. This agreement by the Parties to use electronic signatures is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Any electronic signature so affixed to this Agreement shall carry the full legal force and effect of any original, handwritten signature. The Parties hereto agree that the transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files, and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action, or suit in the appropriate court of law. 9.15 Governing Law. This Agreement and the provisions hereof shall be governed by and construed in accordance with the laws of the State of Colorado. 9.16 No Presumption. The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 9.17 Notices. Any notice required by this Agreement shall be in writing. All notices, demands, requests and other communications required or permitted hereunder shall be in writing, and shall be (a) personally delivered with a written receipt of delivery; (b) sent by a nationally- 7 recognized overnight delivery service requiring a written acknowledgement of receipt or providing a certification of delivery or attempted delivery; (c) sent by certified or registered mail, return receipt requested; or (d) sent by confirmed facsimile transmission or electronic delivery with an original copy thereof transmitted to the recipient by one of the means described in subsections (a) through (c) no later than five business days thereafter. All notices shall be deemed effective when actually delivered as documented in a delivery receipt; provided, however, that if the notice was sent by overnight courier or mail as aforesaid and is affirmatively refused or cannot be delivered during customary business hours by reason of the absence of a signatory to acknowledge receipt, or by reason of a change of address with respect to which the addressor did not have either knowledge or written notice delivered in accordance with this paragraph, then the first attempted delivery shall be deemed to constitute delivery. Each Party shall be entitled to change its address for notices from time to time by delivering to the other Party notice thereof in the manner herein provided for the delivery of notices. All notices shall be sent to the addressee at its address set forth in the Preamble to this Agreement. 9.18 Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to C.R.S. § 24-11-101(1), such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 9.19 Precedent. The Parties agree that this Agreement is entered into for the specific Plan described herein. All other future urban renewal projects will be evaluated on their specific attributes and merits and agreements for those projects may include additional or different terms from this Agreement. This Agreement is not deemed to set precedent for such future agreements. 9.20 Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9.21 Authority. The persons executing this Agreement on behalf of the Parties covenant and warrant that each is fully authorized to execute this Agreement on behalf of such Party. The Parties further covenant and warrant that they are authorized to enter into this Agreement pursuant to law, including, without limitation, C.R.S. § 31-25-107(9.5). 25041563 67360077.v1 IN WITNESS WHEREOF, the Authority and the City of Wheat Ridge have caused their duly authorized officials to execute this Agreement effective as of the Effective Date. ATTEST: By: CITY OF WHEAT RIDGE, a Colorado home rule municipality By: Title: ATTEST: By: Steve Art, Executive Director, RWR WHEAT RIDGE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado By: Title: Walt Pettit, Board Chair 25041563 67360077.v1 Exhibit A The Property A PARCEL OF LAND BEING A PORTION OF THE NORTHEAST ONE-QUARTER OF SECTION 22, TOWNSHIP 4 SOUTH, RANGE 69 WEST OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE WESTERLY RIGHT OF WAY LINE OF GARRISON STREET, ASSUMED TO BEAR NORTH 00°34’24” WEST; BEGINNING AT A POINT ON THE NORTHERLY RIGHT OF WAY LINE OF INTERSTATE 70; THENCE COINCIDENT WITH SAID NORTHERLY RIGHT OF WAY LINE THE FOLLOWING EIGHT (8) COURSES: 1. THENCE SOUTH 73°11'09" EAST, A DISTANCE OF 34.78 FEET; 2. THENCE NORTH 87°28'21" EAST, A DISTANCE OF 29.93 FEET; 3. THENCE NORTH 89°41'37" EAST, A DISTANCE OF 2,162.43 FEET; 4. THENCE NORTH 79°55'21" EAST, A DISTANCE OF 117.33 FEET; 5. THENCE NORTH 88°59'55" EAST, A DISTANCE OF 73.81 FEET; 6. THENCE NORTH 82°56'39" EAST, A DISTANCE OF 315.78 FEET; 7. THENCE NORTH 82°43'16" EAST, A DISTANCE OF 199.22 FEET; 8. THENCE NORTH 73°15'58" EAST, A DISTANCE OF 1,100.38 FEET; THENCE SOUTH 02°23'50" EAST, A DISTANCE OF 231.43 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF SAID INTERSTATE 70; THENCE COINCIDENT WITH SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING FIVE (5) COURSES: 1. THENCE NORTH 72°17'56" EAST, A DISTANCE OF 548.10 FEET; 2. THENCE NORTH 89°58'25" EAST, A DISTANCE OF 109.22 FEET; 3. THENCE SOUTH 53°57'22" EAST, A DISTANCE OF 117.91 FEET; 4. THENCE SOUTH 47°23'24" EAST, A DISTANCE OF 250.46 FEET; 5. THENCE NORTH 76°00'44" EAST, A DISTANCE OF 370.39 FEET; THENCE SOUTH 41°50'29" EAST, A DISTANCE OF 85.40 FEET; THENCE SOUTH 00°14'36" EAST, A DISTANCE OF 499.89 FEET; THENCE SOUTH 78°20'20" WEST, A DISTANCE OF 40.67 FEET; SHEET 2 OF 8 THENCE NORTH 00°10'48" WEST, A DISTANCE OF 28.63 FEET; THENCE SOUTH 69°09'20" WEST, A DISTANCE OF 175.87 FEET ; THENCE SOUTH 78°08'58" WEST, A DISTANCE OF 88.33 FEET TO A POINT ON THE EXTERIOR BOUNDARY OF JOHNSON HEIGHTS SUBDIVISION, AS RECORDED IN THE CLERK AND RECORDER OF JEFFERSON COUNTY UNDER RECEPTION NUMBER 45377975; THENCE COINCIDENT WITH SAID EXTERIOR BOUNDARY THE FOLLOWING FOUR (4) COURSES; 1. THENCE NORTH 00°10'22" WEST, A DISTANCE OF 116.18 FEET; 2. THENCE SOUTH 78°26'06" WEST, A DISTANCE OF 593.33 FEET; 3. THENCE SOUTH 49°32'03" WEST, A DISTANCE OF 167.00 FEET; 4. THENCE SOUTH 18°59'17" WEST, A DISTANCE OF 207.70 FEET TO A POINT ON THE EXTERIOR BOUNDARY OF HILLCREST HEIGHTS, AS RECORDED IN THE CLERK AND RECORDER OF JEFFERSON COUNTY UNDER RECEPTION NUMBER 46389909; THENCE COINCIDENT WITH SAID EXTERIOR BOUNDARY THE FOLLOWING SEVEN (7) COURSES; 1. THENCE SOUTH 89°32'24" WEST, A DISTANCE OF 251.55 FEET; 2. THENCE SOUTH 00°10'17" EAST, A DISTANCE OF 157.28 FEET; 3. THENCE SOUTH 85°50'52" WEST, A DISTANCE OF 498.01 FEET; 4. THENCE SOUTH 05°01'01" EAST, A DISTANCE OF 104.86 FEET; 5. THENCE SOUTH 53°27'55" WEST, A DISTANCE OF 66.00 FEET; 6. THENCE NORTH 80°24'20" WEST, A DISTANCE OF 131.28 FEET; 7. THENCE SOUTH 38°40'14" WEST, A DISTANCE OF 452.05 FEET TO A POINT ON THE EXTERIOR BOUNDARY OF KENRIDGE SUDIVISION, AS RECORDED IN THE CLERK AND RECORDER OF JEFFERSON COUNTY IN BOOK 13 AT PAGE 20; 25041563 67360077.v1 THENCE COINCIDENT WITH SAID EXTERIOR BOUNDARY THE FOLLOWING TWENTY-TWO (22) COURSES; 1. THENCE SOUTH 88°50'31" WEST, A DISTANCE OF 33.64 FEET; 2. THENCE SOUTH 45°05'50" WEST, A DISTANCE OF 174.98 FEET; 3. THENCE SOUTH 50°09'01" WEST, A DISTANCE OF 107.99 FEET; 4. THENCE NORTH 41°38'00" WEST, A DISTANCE OF 57.44 FEET; 5. THENCE SOUTH 50°15'24" WEST, A DISTANCE OF 111.83 FEET; 6. THENCE SOUTH 40°00'34" WEST, A DISTANCE OF 98.60 FEET; SHEET 3 OF 8 7. THENCE SOUTH 52°29'50" EAST, A DISTANCE OF 80.63 FEET; 8. THENCE SOUTH 55°37'28" EAST, A DISTANCE OF 8.09 FEET; 9. THENCE SOUTH 43°21'43" WEST, A DISTANCE OF 53.19 FEET; 10. THENCE SOUTH 51°56'44" WEST, A DISTANCE OF 50.11 FEET; 11. THENCE SOUTH 39°50'31" WEST, A DISTANCE OF 40.11 FEET; 12. THENCE SOUTH 40°35'49" WEST, A DISTANCE OF 69.35 FEET; 13. THENCE SOUTH 50°46'35" WEST, A DISTANCE OF 27.96 FEET; 14. THENCE NORTH 26°14'08" WEST, A DISTANCE OF 58.34 FEET; 15. THENCE SOUTH 58°30'22" WEST, A DISTANCE OF 48.41 FEET; 16. THENCE SOUTH 76°10'29" WEST, A DISTANCE OF 71.18 FEET; 17. THENCE SOUTH 57°44'42" WEST, A DISTANCE OF 71.76 FEET; 18. THENCE SOUTH 57°44'30" WEST, A DISTANCE OF 76.59 FEET; 19. THENCE SOUTH 19°01'48" EAST, A DISTANCE OF 17.05 FEET; 20. THENCE SOUTH 53°44'25" WEST, A DISTANCE OF 76.46 FEET; 21. THENCE SOUTH 17°18'35" EAST, A DISTANCE OF 10.79 FEET; 22. THENCE SOUTH 89°21'17" WEST, A DISTANCE OF 29.31 FEET; THENCE NORTH 00°13'41" EAST, A DISTANCE OF 52.73 FEET; THENCE NORTH 39°01'13" WEST, A DISTANCE OF 144.78 FEET; THENCE NORTH 15°00'50" EAST, A DISTANCE OF 107.47 FEET; THENCE SOUTH 55°48'46" WEST, A DISTANCE OF 91.10 FEET; THENCE SOUTH 64°30'26" WEST, A DISTANCE OF 62.02 FEET; THENCE SOUTH 64°06'06" WEST, A DISTANCE OF 95.10 FEET; THENCE SOUTH 75°03'39" WEST, A DISTANCE OF 63.38 FEET; THENCE NORTH 40°14'09" WEST, A DISTANCE OF 57.47 FEET TO A POINT ON THE EXTERIOR BOUNDARY LINE OF CRESTVIEW HEIGHTS, AS RECORDED IN THE CLERK AND RECORDER OF JEFFERSON COUNTY AT RECEPTION NUMBER 61859471; THENCE COINCIDENT WITH SAID EXTERIOR BOUNDARY THE FOLLOWING FIVE (5) COURSES: SHEET 4 OF 8 1. THENCE SOUTH 65°21'40" WEST, A DISTANCE OF 115.62 FEET; 2. THENCE SOUTH 14°38'18" EAST, A DISTANCE OF 304.89 FEET; 3. THENCE SOUTH 74°00'46" WEST, A DISTANCE OF 114.91 FEET TO A TANGENT CURVE HAVING A RADIUS OF 54.87 FEET, WHOSE CENTER BEARS SOUTH 15°59'14" EAST; 4. THENCE SOUTHWESTERLY AND COINCIDENT WITH SAID TANGENT CURVE, THROUGH A CENTRAL ANGLE OF 53°24'27", AN ARC DISTANCE OF 51.15 FEET AND HAVING A CHORD THAT BEARS SOUTH 47°18'32" WEST, A DISTANCE OF 49.31 FEET; 5. THENCE ALONG A LINE NON-TANGENT TO SAID CURVE, SOUTH 20°36'40" WEST, A DISTANCE OF 223.85 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF W 44TH AVENUE; THENCE COINCIDENT WITH SAID SOUTHERLY RIGHT OF WAY LINE THE FOLLOWING THIRTEEN (13) COURSES: 1. THENCE NORTH 69°26'39" WEST, A DISTANCE OF 267.54 FEET; 2. THENCE NORTH 68°20'32" WEST, A DISTANCE OF 119.30 FEET; 3. THENCE NORTH 72°16'47" WEST, A DISTANCE OF 169.86 FEET; 4. THENCE NORTH 67°57'08" WEST, A DISTANCE OF 51.84 FEET; 5. THENCE NORTH 69°02'42" WEST, A DISTANCE OF 52.06 FEET; 6. THENCE NORTH 70°00'48" WEST, A DISTANCE OF 52.31 FEET; 7. THENCE NORTH 72°19'24" WEST, A DISTANCE OF 51.34 FEET; 25041563 67360077.v1 8. THENCE NORTH 74°38'35" WEST, A DISTANCE OF 52.30 FEET; 9. THENCE NORTH 77°02'05" WEST, A DISTANCE OF 51.52 FEET; 10. THENCE NORTH 75°15'22" WEST, A DISTANCE OF 101.53 FEET; 11. THENCE SOUTH 89°41'23" WEST, A DISTANCE OF 515.41 FEET; 12. THENCE SOUTH 00°13'47" EAST, A DISTANCE OF 7.53 FEET; 13. THENCE SOUTH 89°33'58" WEST, A DISTANCE OF 27.36 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF GARRISON STREET; THENCE NORTH 00°12'53" EAST, COINCIDENT WITH SAID RIGHT OF WAY LINE, A DISTANCE OF 552.05 FEET; THENCE NORTH 00°34'24" WEST, A DISTANCE OF 1,691.70 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM ANY AND ALL OF THE FOLLOWING AREAS THAT FALL WITHIN THE ABOVE DESCRIPTION IN THE RECORDS OF THE CLERK AND RECORDER OF JEFFERSON COUNTY; CARNATION GARDENS, RECORDED UNDER RECEPTION NUMBER 90399762, CLEARVALE SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 55623380, GARRISON VILLAGE CONDOMINIUMS, RECORDED UNDER RECEPTION SHEET 5 OF 8 NUMBER F2087928, NORTH GREEN VALLY SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 61886157, RICE’S MINOR SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 80017735, WOODBINE SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 60814784, TROUT SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 54574734, WILLIAMS SUBDIVISION, RECORDED UNDER RECEPTION NUMBER 47426216 AND HABITAT ON CARR STREET FILING NO. 1, RECORDED UNDER RECEPTION NUMBER 2005087628. THE ABOVE DESCRIPTION CONTAINS A CALCULATED AREA OF 4,864,468 SQUARE FEET OR (111.67281 ACRES), 25041563 67360077.v1 MORE OR LESS, AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE. 25041563 67360077.v1 25041563 67360077.v1 25041563 67360077.v1 ITEM NO: 5 DATE: June 24, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 32-2024 – A RESOLUTION APPROVING A TAX INCREMENT REVENUE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE WHEAT RIDGE URBAN RENEWAL AUTHORITY DBA RENEWAL WHEAT RIDGE PERTAINING TO THE LUTHERAN LEGACY CAMPUS URBAN RENEWAL PLAN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________ ___________________________ Steve Art, Executive Director City Manager ISSUE: The Lutheran Legacy Campus Urban Renewal Plan (Plan) was prepared at the direction of the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge (RWR) that ultimately is subject to consideration and approval by the Wheat Ridge City Council (City). This resolution authorizes the Mayor to enter into a Tax Increment Revenue Agreement (the Agreement) providing for RWR to retain 100% of the City TIF generated within the Plan area. Such an agreement with the City and the other taxing entities that collect a mill levy within the proposed Plan area, is necessary in advance of the City considering approval of the Plan. PRIOR ACTION: City Council provided direction to staff on August 1, 2022, to move forward with the formation documents required for the Lutheran Legacy Campus Urban Renewal Plan. On March 18, 2024, City Council reviewed the Plan at a study session and consensus was reached to bring the Plan back for final adoption. Council Action Form – Lutheran Legacy Campus Tax Increment Revenue Agreement June 24, 2024 Page 2 FISCAL IMPACTS: City of Wheat Ridge has a 1.830 mill levy. The City’s share of the current property tax base is $6,516, shown in Table 9, and will continue to be collected by the City. The base amount is expected to grow at 3.0 percent every two years resulting in an annual amount of $9,291 in year 25 and generating a total of approximately $197,000 over the 25-year period. After the 25-year period is complete, the City’s share of property tax revenues will increase to between $81,600 to $139,200 due to new development. Council Action Form – Lutheran Legacy Campus Tax Increment Revenue Agreement June 24, 2024 Page 3 BACKGROUND: The Lutheran Legacy Campus Urban Renewal Area is comprised of 21 parcels on approximately 146 acres of land and adjacent right of way (ROW) along West 38th Avenue, West 32nd Avenue, Dudley Street, Allison Street, and the Rocky Mountain Ditch. The address of the Plan Area to which this Plan applies is generally located at 8300 West 38th Avenue. The overall objective of this Plan is to remediate unfavorable existing conditions and prevent further deterioration by implementation of the relevant provisions contained in the following documents: • Envision Wheat Ridge (City of Wheat Ridge Comprehensive Plan), 2009 • Lutheran Legacy Campus Master Plan, 2021 The Plan was developed to remediate blight, thereby stimulating private sector development in the Plan area with a combination of private investment and RWR financing. The Plan objectives are: • Implement the Lutheran Legacy Campus Master Plan and Envision Wheat Ridge • Prevent and eliminate conditions of blight within the City of Wheat Ridge • Encourage and provide incentives for private development • Encourage the development of projects that otherwise would not be considered financially feasible without the participation of RWR • Enhance the current property tax revenue within the city and county with development that will increase the assessed valuation State statutes requires that RWR, as the City’s urban renewal authority, engage with the tax entities that impose a mill levy within the proposed Plan area to discuss and address service impacts that may result from new development and the allocation of incremental taxes. To date, the URA has reached tentative agreements or is in active negotiations for tax increment agreements with: • Mile High Flood District/Urban Drainage • West Metro Fire District • Jefferson County School District • Clear Creek Sanitation District • City of Wheat Ridge (under consideration with this report) • WR Water District The terms of the agreement before you this evening include the following: The City and the RWR agree that RWR may retain and expend 100% of the increment generated from the City’s mill levy in the Plan area for a period of 25-years. Council Action Form – Lutheran Legacy Campus Tax Increment Revenue Agreement June 24, 2024 Page 4 RECOMMENDATIONS: It is recommended by staff to enter into the Agreement. Adoption of this resolution will provide a portion of funding to remediate the blighting conditions in the Plan area. RECOMMENDED MOTION: “I move to approve Resolution No. 32-2024, a resolution approving a Tax Increment Revenue Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge pertaining to the Lutheran Legacy Campus Urban Renewal Plan.” Or, “I move to table indefinitely Resolution No. 32-2024, a resolution approving a Tax Increment Revenue Agreement between the City of Wheat Ridge and the Wheat Ridge Urban Renewal Authority DBA Renewal Wheat Ridge pertaining to the Lutheran Legacy Campus Urban Renewal Plan for the following reason(s)_________________________________________________.” ATTACHMENTS: 1. Resolution No. 32-2024 2. Exhibit A - Tax Sharing Revenue Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 Series of 2024 TITLE: A RESOLUTION APPROVING A TAX INCREMENT REVENUE AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE WHEAT RIDGE URBAN RENEWAL AUTHORITY DBA RENEWAL WHEAT RIDGE PERTAINING TO THE LUTHERAN LEGACY CAMPUS URBAN RENEWAL PLAN WHEREAS, the City is a home rule municipality and political subdivision of the State of Colorado organized and existing under a home rule charter pursuant to Article XX of the Constitution of the State of Colorado; and WHEREAS, the City Council of the City (the “City Council”) established the Wheat Ridge Urban Renewal Authority d/b/a/ Renewal Wheat Ridge (the “Authority”) on October 18, 1981, as an urban renewal authority pursuant to Colorado Revised Statutes, Part 1 of Title 31, Article 25, as amended; and WHEREAS, the City Council has reviewed the Tax Increment Revenue Agreement, as shown in Exhibit A, for a proposed Lutheran Legacy Campus Urban Renewal Plan area; and WHEREAS, the Authority has determined that the inclusion of Tax Increment Revenues are necessary to remediate blighting conditions in the proposed plan area is consistent with and in furtherance of the purposes of the Authority and the Plan; and WHEREAS, the Urban Renewal Plan contemplates that a primary method of financing projects within the Urban Renewal Area will be through the use of property tax increment revenues and City sales tax increment revenues; and WHEREAS, the Plan will adopt the utilization of property and sales tax increment for the Property and authorizes the Authority to pledge such property tax increment revenues and City sales tax increment revenues to finance public infrastructure that benefits the Urban Renewal Area (as defined therein); and WHEREAS, in order to finance certain eligible improvements for the Plan Area, the requirements for the establishment of an urban renewal plan are outlined in the Colorado Urban Renewal Law, Colorado Revised Statutes (C.R.S.) § 31‐25‐101 et seq. In order to establish an area for urban renewal, there are an array of conditions that must be documented to establish a condition of blight (C.R.S.) § 31‐25‐103; and WHEREAS, there have been identified many blighting conditions and the necessity to remediate those blighting conditions through the use of Tax Increment Financing. ATTACHMENT 1 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Finding of Best Interests and Public Purpose. The City Council hereby finds and determines, pursuant to the Constitution, the laws of the State and the City’s home rule charter (the “Charter”), and in accordance with the foregoing recitals, that adopting this Resolution, entering into a Tax Increment Revenue Agreement is in the best interests of the inhabitants of the City. Section 2. Direction to Act. The City Clerk is hereby authorized and directed to attest all signatures and acts of any official of the City in connection with the matters authorized by this Resolution and to place the seal of the City on any document authorized and approved by this Resolution. The Mayor, the City Manager, the City Clerk, the City Attorney, and all other appropriate officials or employees of the City are hereby authorized and directed to execute and deliver for and on behalf of the City any and all additional certificates, documents, instruments and other papers, and to perform all other acts that they deem necessary or appropriate, in order to facilitate the redevelopment of the Project and implement and carry out the transactions and other matters authorized by this Resolution. Section 3. Ratification. All actions (not inconsistent with the provisions of this Resolution) heretofore taken by the City Council or the officers, employees or agents of the City directed toward the redevelopment of the Project and the execution and delivery of the First Amendment are hereby ratified, approved and confirmed. Section 4. Severability. If any section, subsection, paragraph, clause or provision of this Resolution or the documents hereby authorized and approved shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, subsection, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution or such documents, the intent being that the same are severable. Section 5. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency. Section 6. Effectiveness. This Resolution shall take effect immediately. DONE AND RESOLVED this 24th day of June 2024. Bud Starker, Mayor Attest: Margy Greer, Senior Deputy City Clerk 3 EXHIBIT A TAX INCREMENT REVENUE AGREEMENT (CITY OF WHEAT RIDGE) (LUTHERAN LEGACY CAMPUS URBAN RENEWAL PLAN) TAX INCREMENT REVENUE AGREEMENT (CITY OF WHEAT RIDGE) (Lutheran Legacy Campus Urban Renewal Plan) This Tax Increment Revenue Agreement (the “Agreement”) is entered into as of [_____________], 2024 (the “Effective Date”) by and between the WHEAT RIDGE URBAN RENEWAL AUTHORITY d/b/a RENEWAL WHEAT RIDGE, a body corporate and politic of the State of Colorado (the “Authority”), whose address is 7500 West 29th Avenue, Wheat Ridge, CO 80033, and the CITY OF WHEAT RIDGE, COLORADO , a Colorado home rule municipality (the “City”), whose address is 7500 West 29th Avenue, Wheat Ridge, CO 80033. The Authority, and the City are referred to herein individually as a “Party” and collectively as the “Parties.” RECITALS The following recitals are incorporated in and made a part of this Agreement, as noted in Section 1 below. Capitalized terms used herein and not otherwise defined are defined in Section 2 below. A. Redevelopment. The Parties understand that the real property described in Exhibit A (the “Property”) lying within the corporate limits of the City lies within an area the City desires to designate as an urban renewal area, namely the Lutheran Legacy Campus Urban Renewal Plan (the “Plan”), to be redeveloped by one or more developers and/or property owner(s) as a mixed-use development(s) that will eliminate existing blighted conditions which constitute threats to the health, safety and welfare of the community and barriers to development. . B. Urban Renewal and Tax Increment Financing. To accomplish the redevelopment and to provide certain required improvements, the City desires to approve the Plan in order to authorize the utilization of tax increment financing in accordance with the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. (the “Act”), to pay Eligible Costs of the Improvements. The final version of the Plan as approved by the City Council of the City shall be the “Plan” for purposes of this Agreement. The Parties hereto hereby approve the Plan in all respects. C. Nature of Urban Renewal Project and Purpose of Agreement. The proposed Urban Renewal Project consists of designing, developing and constructing the Improvements (which includes paying the Eligible Costs of public improvements) necessary to serve the proposed Urban Renewal Area and, in compliance with §31-25-107(4)(g) of the Act, the Plan affords maximum opportunity, consistent with the sound needs of the City as a whole, for the rehabilitation or redevelopment of the Urban Renewal Area by private enterprise. Approval of the Plan is subject to the Act, including requirements imposed by HB 15-1348, as amended to date (the “Amended 1348 Requirements”) for new urban renewal plans adopted after January 1, 2016. D. Taxing Entity. The City levies ad valorem property taxes on the Property included within the proposed Urban Renewal Area. ATTACHMENT 2 2 E. Equitable Deal Structure. The City and the Authority, along with other taxing Districts, have undertaken to prepare an equitable deal structure including a significant contribution of incremental property tax revenues from certain applicable taxing Districts. F. Colorado Urban Renewal Law. In accordance with the Act as amended to the date of this Agreement (including the Amended 1348 Requirements), the Parties desire to enter into this Agreement to facilitate adoption of the Plan and redevelopment of the proposed Urban Renewal Area described therein. The Agreement addresses, among other things, the estimated impacts of the Plan on City services associated solely with the Plan. AGREEMENT NOW, THEREFORE, in consideration of the covenants, promises and agreements of each of the Parties hereto, to be kept and performed by each of them, it is agreed by and between the Parties hereto as set forth herein. 1. INCORPORATION OF RECITALS. The foregoing recitals are incorporated into and made a part of this Agreement. 2. DEFINITIONS. As used in this Agreement: 2.1 “Act” means the Colorado Urban Renewal Law, Part 1 of Article 25 of Title 31, C.R.S. 2.2 “Agreement” means this Agreement, as it may be amended or supplemented in writing. References to sections or exhibits are to this Agreement unless otherwise qualified. 2.3 “Authority” means the Wheat Ridge Urban Renewal Authority, doing business as Renewal Wheat Ridge, a body corporate and politic of the State of Colorado. 2.4 “Bonds” shall have the same meaning as defined in §31-25-103 of the Act. 2.5 “City” means the City of Wheat Ridge, Colorado. 2.6 “County” means Jefferson County, Colorado. 2.7 “City Increment” means the portion of Property Tax Increment Revenues generated by the City of Wheat Ridge mill levy, received by the Authority from the Jefferson County Treasurer. 2.8 “Duration” means the 25-year period that the tax increment or tax allocation provisions will be in effect as specified in §31-25-107(9)(a) of the Act, the Plan, and the Impact Report. Pursuant to the Act, the base year for calculating Property Tax Increment Revenues is 2023. The last year the assessment roll will be divided for purposes of TIF is 2048 and the last year the Authority is eligible to receive Property Tax Increment Revenues from the Plan area is 2048. 3 2.9 “Eligible Costs” means those costs eligible to be paid or reimbursed from the Property Tax Increment Revenues pursuant to the Act. 2.10 “Impact Report” means the impact report dated as of December 6, 2023, and prepared by Economic and Planning Systems (“EPS”) analyzing and projecting the financial burdens and benefits of the Urban Renewal Project pursuant to §31-25-107(3.5) of the Act. 2.11 “Improvements” means the public improvements and private improvements to be constructed on the Property pursuant to the Plan. 2.12 “Party” or “Parties” means the Authority and the City, or each and their lawful successors and assigns. 2.13 “Plan” means the urban renewal plan defined in Recital B above. 2.14 “Project” shall have the same meaning as Urban Renewal Project. 2.15 “Property Tax Increment Revenues” means the incremental property tax revenues derived from ad valorem property tax levies described in §31-25-107(9)(a)(II) of the Act allocated to the Special Fund for the Urban Renewal Project. 2.16 “Special Fund” means that certain special fund of the Authority into which Property Tax Increment Revenues shall be allocated to and paid into, as more particularly described in the Act. 2.17 “TIF” means the property tax increment portion of the property tax assessment roll described in §31-25-107(9)(a)(II) of the Act. 2.18 “Urban Renewal Area” means the area included in the boundaries of the Plan. 2.19 “Urban Renewal Project” means all undertakings and activities, or any combination thereof, required to carry out the Plan pursuant to the Act. 3. IMPACT REPORT. The Parties acknowledge receipt of, and the opportunity to review, the Impact Report, submitted in accordance C.R.S. §31-25-107(3.5)(a). The Impact Report describes the benefits and burdens of the Plan. Having received the Impact Report prior to the commencement of negotiations for the purposes of entering into this Agreement, the City hereby waives any other statutory requirements related to receipt of the Impact Report. 4. CONSENT TO CURRENT PLAN. The City hereby agrees to, and waives any objection to the Plan. 5. PROPERTY TAX INCREMENT REVENUES. In compliance with the requirements of the Act, including the Amended 1348 Requirements, the Parties have negotiated and agreed to the sharing of Property Tax Increment Revenues as set forth herein. 5.1 City Increment Revenues. The City and the Authority agree that the Authority may retain and expend in furtherance of the Urban Renewal Project 100% of the City Increment, 4 commencing on the date of approval by the City of the Plan and ending upon the earlier of: 1) the occurrence of the Duration; or 2) the payment in full of all bonds, loans, advances and indebtedness, if any, incurred by the Authority to pay for the Improvements, including interest thereon and any premiums due in connection therewith in accordance with §31-25-107(9)(a)(II) of the Act. Upon the earlier of: 1) the occurrence of the Duration; or 2) the payment in full of all bonds, loans, advances and indebtedness, if any, incurred by the Authority to pay for the Improvements, including interest thereon and any premiums due in connection therewith in accordance with §31-25-107(9)(a)(II) of the Act, the entire City Increment shall be paid by the Jefferson County Assessor to the City, and not to the Authority. The Authority shall annually provide a written report to the City on progress towards completion of the Improvements. The report shall include information related to any significant changes in project scope or cost. 5.2 All of the City Increment upon receipt by the Authority will be deposited into the Special Fund to be utilized in accordance with Section 5.1 hereof. No City Increment will be deposited or transferred into any other Authority fund or into the general fund or any other fund. 6. PLEDGE OF PROPERTY TAX INCREMENT REVENUES. The City recognizes and agrees that in reliance on this Agreement and in accordance with the provisions of §31-25-109(2)(b) of the Act, the Authority has the right to pledge the City Increment to the payment of the Authority’s Bonds (if any are or have been issued) and other financial obligations incurred in connection with the Urban Renewal Project. The City and the Authority also recognize and agree that this Agreement is an indebtedness of the Authority under §31-25-107(9)(a)(II) of the Act and the Authority has elected to apply the provisions of §11-57-208, C.R.S., to this Agreement with respect to the City Increment. The City Increment, when and as received by the Authority are and shall be subject to the lien of such pledge without any physical delivery, filing, or further act. The lien of such pledge on the City Increment shall have priority over any of all other obligations and liabilities of the Authority with respect to the City Increment. The lien of such pledge shall be valid, binding and enforceable as against all persons having claims of any kind in tort, contract, or otherwise against the Authority irrespective of whether such persons have notice of such lien. 7. WAIVER. The City acknowledges and agrees that the execution of this Agreement satisfies the requirements of the Act regarding all applicable Amended 1348 Requirements for the adoption of the Plan, TIF financing in accordance with the Plan, except those that may apply to future modifications of the Plan as required by Sections 31-25-107(3.5) and (7) of the Act. Subject to such right to receive notice of any proposed future modification of the Plan, the City hereby waives any provision of the Act that provides for notice to, requires any filing with or by, requires or permits consent from, or provides any enforcement right to the City. The City agrees that it has already received information equivalent to the information otherwise required to be provided to it by Section 31-25-107(3.5) of the Act in the form of the Impact Report, and therefore hereby deem that requirement satisfied. 8. LIMITATION OF AGREEMENT. This Agreement applies only to the City Increment, as calculated, produced, collected and paid to the Authority from the Urban Renewal Area by the Jefferson County Treasurer in accordance with §31-25-107(9)(a)(II) of the Act and the rules and regulations of the Property Tax Administrator of the State of Colorado, and does not include any other revenues of the City, City or the Authority. 5 9. MISCELLANEOUS. 9.1 Delays. Any delays in or failure of performance by any Party of its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God; fires; floods; earthquake; abnormal weather; strikes; labor disputes; accidents; regulation or order of civil or military authorities; shortages of labor or materials; or other causes, similar or dissimilar, including economic downturns, which are beyond the control of such Party. Notwithstanding the foregoing, where any of the above events shall occur which temporarily interrupt the ability of a Party to abide by its obligations as provided in this Agreement, as soon as the event causing such interruption shall no longer prevail, the applicable Party shall fulfill all of its obligations as soon as reasonably practicable. 9.2 Termination and Subsequent Legislation or Litigation. In the event of termination of the Plan, including its TIF financing component, the Authority may terminate this Agreement by delivering written notice to the City. The Parties further agree that in the event legislation is adopted or a decision by a court of competent jurisdiction is rendered after the effective date of this Agreement that invalidates or materially effects any provisions hereof, the Parties will in good faith negotiate for an amendment to this Agreement that most fully implements the original intent, purpose and provisions of this Agreement, but does not impair any otherwise valid contracts in effect at such time. 9.3 Entire Agreement. This instrument embodies the entire agreement of the Parties with respect to the subject matter hereof. 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 hereto. No modification to this Agreement shall be valid unless agreed to in writing by the Parties. 9.4 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the Parties and their successors in interest. 9.5 No Third-Party Enforcement. It is expressly understood and agreed that the enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to the undersigned Parties and nothing in this Agreement shall give or allow any claim or right of action whatsoever by any other person not included in this Agreement. It is the express intention of the undersigned Parties that any person or entity other than the undersigned Parties receiving services or benefits under this Agreement shall be an incidental beneficiary only. 9.6 No Waiver of Immunities. Nothing in this Agreement shall be construed as a waiver of the rights and privileges of the Parties pursuant to the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as the same may be amended from time to time. No portion of this Agreement shall be deemed to have created a duty of care which did not previously exist with respect to any person not a party to this agreement. 9.7 Amendment. This Agreement may be amended only by an instrument in writing signed by the Parties. 6 9.8 Parties not Partners. Notwithstanding any language in this Agreement or any other agreement, representation, or warranty to the contrary, the Parties shall not be deemed to be partners or joint venturers, and no Party shall be responsible for any debt or liability of any other Party. 9.9 Interpretation. All references herein to Bonds shall be interpreted to include the incurrence of debt by the Authority in any form consistent with the definition of “Bonds” in the Act, including payment of Eligible Costs or any other lawful financing obligation. 9.10 Incorporation of Recitals and Exhibits. The provisions of the Recitals and the Exhibits attached to this Agreement are incorporated in and made a part of this Agreement. 9.11 No Assignment. No Party may assign any of its rights or obligations under this Agreement. Any attempted assignment in violation of this provision shall be null and void and of no force and effect. 9.12 Section Captions. The captions of the sections are set forth only for the convenience and reference of the Parties and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 9.13 Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be deemed an original and all of which shall constitute but one and the same instrument. 9.14 Electronic Transactions. The Parties agree that any individual or individuals who are authorized to execute this Agreement on behalf of the Authority and the City are hereby authorized to execute this Agreement electronically via facsimile or email signature. This agreement by the Parties to use electronic signatures is made pursuant to Article 71.3 of Title 24, C.R.S., also known as the Uniform Electronic Transactions Act. Any electronic signature so affixed to this Agreement shall carry the full legal force and effect of any original, handwritten signature. The Parties hereto agree that the transactions described herein may be conducted and related documents may be stored by electronic means. Copies, telecopies, facsimiles, electronic files, and other reproductions of original executed documents shall be deemed to be authentic and valid counterparts of such original documents for all purposes, including the filing of any claim, action, or suit in the appropriate court of law. 9.15 Governing Law. This Agreement and the provisions hereof shall be governed by and construed in accordance with the laws of the State of Colorado. 9.16 No Presumption. The Parties to this Agreement and their attorneys have had a full opportunity to review and participate in the drafting of the final form of this Agreement. Accordingly, this Agreement shall be construed without regard to any presumption or other rule of construction against the Party causing the Agreement to be drafted. 9.17 Notices. Any notice required by this Agreement shall be in writing. All notices, demands, requests and other communications required or permitted hereunder shall be in writing, and shall be (a) personally delivered with a written receipt of delivery; (b) sent by a nationally- 7 recognized overnight delivery service requiring a written acknowledgement of receipt or providing a certification of delivery or attempted delivery; (c) sent by certified or registered mail, return receipt requested; or (d) sent by confirmed facsimile transmission or electronic delivery with an original copy thereof transmitted to the recipient by one of the means described in subsections (a) through (c) no later than five business days thereafter. All notices shall be deemed effective when actually delivered as documented in a delivery receipt; provided, however, that if the notice was sent by overnight courier or mail as aforesaid and is affirmatively refused or cannot be delivered during customary business hours by reason of the absence of a signatory to acknowledge receipt, or by reason of a change of address with respect to which the addressor did not have either knowledge or written notice delivered in accordance with this paragraph, then the first attempted delivery shall be deemed to constitute delivery. Each Party shall be entitled to change its address for notices from time to time by delivering to the other Party notice thereof in the manner herein provided for the delivery of notices. All notices shall be sent to the addressee at its address set forth in the Preamble to this Agreement. 9.18 Days. If the day for any performance or event provided for herein is a Saturday, a Sunday, a day on which national banks are not open for the regular transactions of business, or a legal holiday pursuant to C.R.S. § 24-11-101(1), such day shall be extended until the next day on which such banks and state offices are open for the transaction of business. 9.19 Precedent. The Parties agree that this Agreement is entered into for the specific Plan described herein. All other future urban renewal projects will be evaluated on their specific attributes and merits and agreements for those projects may include additional or different terms from this Agreement. This Agreement is not deemed to set precedent for such future agreements. 9.20 Severability. If any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. 9.21 Authority. The persons executing this Agreement on behalf of the Parties covenant and warrant that each is fully authorized to execute this Agreement on behalf of such Party. The Parties further covenant and warrant that they are authorized to enter into this Agreement pursuant to law, including, without limitation, C.R.S. § 31-25-107(9.5). 25041563 67360077.v1 IN WITNESS WHEREOF, the Authority and the City of Wheat Ridge have caused their duly authorized officials to execute this Agreement effective as of the Effective Date. ATTEST: By: CITY OF WHEAT RIDGE, a Colorado home rule municipality By: Title: ATTEST: By: Steve Art, Executive Director, RWR WHEAT RIDGE URBAN RENEWAL AUTHORITY, a body corporate and politic of the State of Colorado By: Title: Walt Pettit, Board Chair 25041563 67360077.v1 Exhibit A The Property LEGAL DESCRIPTION TWO PARCELS OF LAND LOCATED IN THE NORTHEAST QUARTER OF SECTION 27 AND THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF WHEATRIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO; MORE PARTICULARLY DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE NORTHERLY RIGHT-OF-WAY LINE OF WEST 38TH AVENUE, SECTIONS 26 AND 27, TOWNSHIP 3 SOUTH, RANGE 69 WEST, IS ASSUMED TO BEAR NORTH 89°40'03" EAST; PARCEL A BEGINNING AT A POINT ON THE NORTHERLY RIGHT-OF WAY LINE OF WEST 38TH AVENUE; THENCE NORTH 89°40'03" EAST, COINCIDENT WITH SAID NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 1,832.06 FEET; THENCE SOUTH 12°53'32" EAST, A DISTANCE OF 61.26 FEET TO THE EXTERIOR OF THAT QUIT CLAIM DEED RECORDED APRIL 84, 2022 IN SAID RECORDS UNDER RECEPTION NUMBER 2022031541; THENCE COINCIDENT WITH SAID QUIT CLAIM DEED THE FOLLOWING (2) TWO COURSES; 1. SOUTH 00°31'59" EAST, A DISTANCE OF 1,266.87 FEET; 2. SOUTH 89°55'13" EAST, A DISTANCE OF 333.84 FEET; THENCE COINCIDENT WITH THE EXTERIOR OF THE ROCKY MOUNTAIN WATER COMPANY DITCH, RECORDED APRIL 29, 2009 IN SAID RECORDS UNDER RECEPTION NUMBER 2009037470, THE FOLLOWING (15) FIFTEEN COURSES; 1. SOUTH 71°16'42" EAST, A DISTANCE OF 75.62 FEET; 2. SOUTH 67°16'19" EAST, A DISTANCE OF 522.18 FEET; 3. SOUTH 62°00'10" EAST, A DISTANCE OF 221.74 FEET; 4. SOUTH 52°15'27" EAST, A DISTANCE OF 171.75 FEET; 5. SOUTH 55°23'17" EAST, A DISTANCE OF 250.12 FEET; 6. SOUTH 55°25'27" EAST, A DISTANCE OF 146.95 FEET; 7. SOUTH 57°54'53" EAST, A DISTANCE OF 58.88 FEET; 8. SOUTH 60°29'59" EAST, A DISTANCE OF 64.43 FEET; 9. SOUTH 00°12'48" EAST, A DISTANCE OF 71.91 FEET; 10. NORTH 50°48'20" WEST, A DISTANCE OF 22.73 FEET; 11. NORTH 47°50'12" WEST, A DISTANCE OF 20.03 FEET; 12. NORTH 54°45'43" WEST, A DISTANCE OF 490.20 FEET; 13. SOUTH 00°17'10" EAST, A DISTANCE OF 26.25 FEET; 14. NORTH 49°02'09" WEST, A DISTANCE OF 274.69 FEET; 15. NORTH 66°19'10" WEST, A DISTANCE OF 590.21 FEET; 16. NORTH 74°15'03" WEST, A DISTANCE OF 145.70 FEET TO THE EXTERIOR OF SAID QUIT CLAIM DEED; THENCE COINCIDENT WITH SAID QUIT CLAIM DEED THE FOLLOWING (9) NINE COURSES; 1. SOUTH 00°00'51" WEST, A DISTANCE OF 865.66 FEET; 2. NORTH 89°51'09" WEST, A DISTANCE OF 777.71 FEET; 3. NORTH 00°24'02" WEST, A DISTANCE OF 5.20 FEET; 4. THENCE NORTH 89°13'17" WEST, A DISTANCE OF 130.90 FEET; LEGAL DESCRIPTION CONT… R:\23.636.005 URA LEGAL - LUTHERAN LEGACY\400 SURVEY\400 CADD\405 LEGAL DESCRIPTIONS\LEGAL DESCRIPTION.DOCX Page 2 5. THENCE SOUTH 00°01'31" EAST, A DISTANCE OF 418.08 FEET; 6. SOUTH 89°54'35" WEST, A DISTANCE OF 621.03 FEET; 7. NORTH 00°27'45" WEST, A DISTANCE OF 414.22 FEET; 8. SOUTH 88°57'17" WEST, A DISTANCE OF 194.78 FEET; 9. NORTH 00°04'23" WEST, A DISTANCE OF 3.42 FEET; THENCE SOUTH 89°38'38" WEST, A DISTANCE OF 408.03 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF DUDLEY STREET; THENCE SOUTH 00°26'01" EAST, COINCIDENT WITH SAID WESTERLY RIGHT-OF-WAY LINE, A DISTANCE OF 475.09 25041563 67360077.v1 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF WEST 32ND AVENUE; THENCE SOUTH 89°58'13" WEST, COINCINDENT WITH SAID SOUTHERLY RIGHT-OF-WAY LINE OF WEST 32ND AVENUE, A DISTANCE OF 53.59 FEET; THENCE NORTH 00°01'47" WEST, A DISTANCE OF 69.68 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF DUDLEY STREET; THENCE NORTH 00°03'19" WEST, A DISTANCE OF 2,640.56 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREROM THE FOLLOWING DESCRIBED PARCEL BEGINNING AT THE SOUTHEAST INTERSECTION OF SAID WEST 38TH AVENUE AND SAID DUDLEY STREET; THENCE NORTH 88°57'45" EAST COINCIDENT WITH THE SOUTH RIGHT-OF-WAY LINE OF SAID WEST 38TH AVENUE, A DISTANCE OF 142.49 FEET; THENCE SOUTH 00°39'19" WEST, A DISTANCE OF 412.69 FEET; THENCE NORTH 82°24'39" WEST, A DISTANCE OF 139.25 FEET TO THE EAST RIGHT-OF-WAY LINE OF SAID DUDLEY STREET; THENCE NORTH 00°02'31" EAST COINCIDENT SAID EAST RIGHT-OF-WAY LINE, A DISTANCE OF 391.70 FEET TO THE POINT OF BEGINNING OF THE EXCEPTED PARCEL . THE NET CALCULATED AREA OF PARCEL A CONTAINS 423,840 SQUARE FEET OR (108.95849 ACRES), MORE OR LESS, AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE. PARCEL B BEGINNING AT THE SOUTHEAST INTERSECTION OF SAID DUDLEY STREET AND WEST 32ND AVENUE; THENCE NORTH 00°26'00" WEST, A DISTANCE OF 55.00 FEET TO THE NORTHEAST INTERSECTION OF SAID DUDLEY STREET AND SAID WEST 32ND AVENUE; THENCE COINCIDENT WITH THE EXTERIOR RIGHT-OF-WAY LINES OF SAID WEST 32ND AVENUE THE FOLLOWING (5) FIVE COURSES: 1. NORTH 89°47'00" EAST, A DISTANCE OF 2,091.58 FEET; 2. NORTH 00°16'48" EAST, A DISTANCE OF 410.87 FEET; 3. SOUTH 89°51'09" EAST, A DISTANCE OF 38.85 FEET; 4. SOUTH 00°05'27" WEST, A DISTANCE OF 465.61 FEET; 5. SOUTH 89°47'00" WEST, A DISTANCE OF 2,131.29 FEET TO THE POINT OF BEGINNING. LEGAL DESCRIPTION CONT… R:\23.636.005 URA LEGAL - LUTHERAN LEGACY\400 SURVEY\400 CADD\405 LEGAL DESCRIPTIONS\LEGAL DESCRIPTION.DOCX Page 3 THE ABOVE DESCRIPTION CONTAINS A CALCULATED AREA OF 133,469 SQUARE FEET OR (3.06401 ACRES), MORE OR LESS, AND IS DEPICTED ON THE ATTACHED GRAPHICAL EXHIBIT FOR REFERENCE. 25041563 67360077.v1 25041563 67360077.v1 25041563 67360077.v1 ITEM NO: 6 DATE: June 24, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE A CONTRACT AMENDMENT WITH DAVID EVANS AND ASSOCIATES IN AN AMOUNT NOT TO EXCEED $160,000 FOR ADDITIONAL PROFESSIONAL SERVICES REQUIRED TO COMPLETE THE CONSTRUCTION DOCUMENTS AND PERMITTING FOR THE YOUNGFIELD BEAUTIFICATION PROJECT 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 city contracted with David Evans and Associates, Inc. in 2022 to provide design services for the Youngfield Beautification project. The design is currently estimated to be at 75% completion, but due to an extended conceptual refinement phase, an amendment in the amount of $160,000.00 will be required to complete the construction documents as well as additional, unanticipated permitting submittals. Staff will provide a brief overview of the proposed design elements at the City Council meeting. PRIOR ACTION: The city retained David Evans & Associates, Inc. (DEA) to provide design services and complete the necessary permitting for this project on August 22, 2022. A study session was held on May 1, 2023, to provide an update on the overall aesthetic theme selection that was informed through the public engagement process. Council Action Form – DEA Youngfield Beautification Amendment #1 June 24, 2024 Page 2 FINANCIAL IMPACT: The proposed fee for the amendment is $160,000, which includes a 5.8% contingency. The amendment will increase the overall design contract amount from $701,906 to $861,906. Funding for design and construction of this project is included in the 2024 budget within the Renewal Wheat Ridge Bond budget. A total budget of $4,594,346 is available in 2024 for design and construction of the Youngfield Beautification project. A budget breakdown for the project is provided in the table below: The proposed design amendment can be accommodated within the 2024 budget without the need for a budget supplemental. Scope changes to the project, outlined in the section below, have lowered construction costs by nearly $250,000. A portion of these savings can be allocated to this proposed design amendment. The remainder of the savings will be allocated to increase the public art budget and provide some minor clean up and beautification work, prior to the opening of the Lutheran Hospital in August 2024. Once final construction costs are determined, a budget supplemental may be required. A table outlining the current estimated costs for the project is provided below: BACKGROUND: The Youngfield Beautification project will provide much needed aesthetic enhancements to the Youngfield Street corridor which serves as a significant entryway to the city and a major commercial node. The project’s goal is to enhance the aesthetics of this important gateway with the addition of landscaping, monuments, decorative fencing, lighting, irrigation, and public art. The project is nearing completion with 90% design plans anticipated in late June; however, there have been challenges in completing the conceptual phase which have resulted in schedule delays 2024 BUDGET - YOUNGFIELD BEAUTIFICATION TASK COST Youngfield Beautification design 701,906.00$ Youngfield public art 200,000.00$ Youngfield Beautification construction 3,692,440.00$ TOTAL 2024 BUDGET 4,594,346.00$ CURRENT ESTIMATED COSTS - YOUNGFIELD BEAUTIFICATION TASK COST Youngfield Beautification design 701,906.00$ Youngfield Beautification design amendment #1 160,000.00$ Youngfield public art 250,000.00$ Youngfield Phase 1 cleanup & minor enhancements 34,235.89$ Youngfield Beautification construction 3,448,204.11$ TOTAL ESTIMATED COSTS 4,594,346.00$ Council Action Form – DEA Youngfield Beautification Amendment #1 June 24, 2024 Page 3 and design cost overruns. For example, the initial conceptual design included extensive landscaping and monuments in very steep areas along the I-70 embankment near 32nd Avenue. Installation of landscaping and monuments in this area was ultimately determined to be infeasible due to the steep slopes. DEA attempted to develop solutions to allow for construction of the elements shown in the concept plans, however, this increased the construction cost estimate to over $6M. Staff held internal value engineering discussions to determine how to best bring the construction costs within budget and provided direction to DEA. By then, significant time had already been expended by DEA and, therefore, a design amendment is needed at this time to implement the scope changes and revise the plans to align with the modified project scope. The rescoped project is generally in accordance with the original concept plan except for proposed improvements near 32nd Avenue & Youngfield Street. As mentioned previously, the concept plan called for landscaping and monuments to replace the steep slope paving near 32nd Avenue. As design progressed, it was determined that the landscaping was not feasible without the construction of large retaining walls. Additionally, the installation of monuments involved design challenges with structural footings and the CDOT approval process. The landscaping and monumentation increased the construction budget significantly. Therefore, these elements, at 32nd Avenue, were removed from the scope. To compensate for the removal of these features, the public art budget has been increased from $200,000 to $250,000. A significant portion of this budget will be allocated to 32nd Avenue to provide murals, lighting, and/or other public art features that will provide the aesthetic enhancement at 32nd Avenue in lieu of the landscaping and monumentation. The project still includes large monuments at the I-70 East offramp and 40th Avenue that will serve as bookends to the project. The DEA amendment will also address unforeseen permitting requirements including Denver Water license agreements, CDOT access line relocation, coordination with Metro Water Recovery, and more detailed drainage analysis. Schedule Some initial clean up will occur along the corridor prior to the hospital opening including removal of existing chain link fence, removal of dead trees, graffiti removal, trash pickup, mowing, power washing of bridge abutments, and stabilization of eroded areas. This work is scheduled to be completed by the end of June. With the approval of this amendment, it is anticipated that DEA can complete construction documents by Fall 2024. Construction will begin in Winter 2024 or Spring 2025, depending on when CDOT approval is granted. The bulk of the landscaping work will be installed during the spring planting season in 2025. Council Action Form – DEA Youngfield Beautification Amendment #1 June 24, 2024 Page 4 RECOMMENDATION: Staff recommends that the City Council approve, by motion, an amendment to the contract with DEA in the amount of $160,000 for the Youngfield Beautification Project. . RECOMMENDED MOTION: “I move to approve a contract amendment with David Evans & Associates, Inc., in an amount not to exceed $160,000.00 for additional professional services required to complete the construction documents and permitting for the Youngfield Beautification project.” or, “I move to deny approval of a contract amendment with David Evans & Associates, Inc. for the Youngfield Beautification project for the following reason(s) ________________________.” REPORT PREPARED/REVIEWED BY: Jordan Jefferies, Infrastructure Project Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Youngfield Beautification Amendment #1 Scope & Fee Page 1 of 5 Youngfield Street Corridor Aesthetics Contract Agreement with David Evans and Associates, Inc. (DEA) #22‐0640 Amendment No. 1 Scope of Work Background DEA entered into an agreement with the City of Wheat Ridge in October 2022, to provide design services for corridor beautification and placemaking improvements along Youngfield Street in I-70 Interstate right-of-way. The project extends south of the I-70 to Youngfield off-ramp to north of 40th Ave. Design Consultant Services include, but are not limited to, Project Management and Administration, Consultant and Agency Coordination, Public and Stakeholder Engagement, Data Collection and Survey, Environmental Processes and CDOT permitting, Pre-Design, 30%, 90% and 100% Design Services and Bidding Assistance. Construction Administration and Project Close-out were set aside for future consideration. Work Description The project has progressed to an approximately 75% complete level but has experienced a longer than anticipated planning/theming process; additional unanticipated permitting requirements, meetings, and project coordination; development of conceptual ideas for Youngfield at 32nd Avenue (in particular); coordination regarding public art; impacts to the original concept based on definition of allowable planting slopes; and changes to the available construction budget. Specifically, additional costs were realized for the coordination and conceptual development of gabion basket walls, fall protection fencing, planting slope analyses, various monument designs and configurations, hardscape paving around the Metro Water metering station, snow storage, coordination on construction phasing, cost comparisons, and tasks associated with City’s phase one contractor (utility box wraps), etc. These efforts were as directed or supported by the city. Expenses for these efforts, including additional design team and city coordination meetings, are described herein. Tasks listed below include additional design services required to finalize the current vision of the project. Work Duration The tasks described in this scope of work will be completed as soon as reasonable from the time a NTP is issued. In December 2023, the City executed a contract time extension for this project with a completion date of December 31, 2024. TASK 1 PROJECT MANAGEMENT AND ADMINISTRATION 1.1 Management and Administration The Consultant will continue to review, process, and submit invoices including subconsultant invoices, and provide project administration and management services ATTACHMENT 1 Page 2 of 5 including design team coordination and project oversight and review. Hours added under this task accounts for the extended time of this project. 1.2 Project Meetings ‐ Additional Monthly Progress and Team Coordination Meetings In the original scope of work, it was anticipated that this project would be delivered in the Fall of 2023. With added time to this contract, additional meetings have occurred and are anticipated for the remainder of this project. This amendment assumes an addition of 6 Client Coordination Meetings and 8 design team coordination meetings. Meeting attendance will be limited to those necessary for any given topic. TASK 2 ADDITIONAL PERMITTING REQUIREMENTS & AGENCY COORDINATION 2.1 Access Line (A‐Line) Approval CDOT has identified that this project will have to define, by exhibits and legal descriptions, the location of the A-line for I-70. The City has proposed, and CDOT has supported in writing, relocation of the A-line near the existing paved surface of I-70. DEA has coordinated the progress of this effort and will provide exhibits and legal descriptions to legally define this new location. DEA will provide these documents and coordinate with CDOT to receive approvals. Deliverables:  Exhibits and legal descriptions meeting CDOT’s desired formatting for the new A-line relocation within current project limits.  Up to two Submittals to CDOT and City Assumptions:  Line as verbally agreed to by City and CDOT will not move once document effort has begun.  Tie-in monumentation will be on CDOT coordinate system.  City and State right-of-way will not be determined as part of this effort. Legal descriptions and exhibits will be estimated for this task. 2.2 Drainage Memorandum and Storm Water Management Plan A Drainage Memorandum and Storm Water Management Plan (SWMP) are expected to be required for this project. The City has requested repair of a washed-out area draining from I-70 north of 32nd Ave. Additionally, landscape design improvements may provide planting and lining improvements to existing swales and facilities in the area. It is anticipated that a drainage memorandum will be required by CDOT to demonstrate that existing drainage facilities in the area will not be negatively impacted with regard to conveyance and storage by the proposed improvements. Deliverables:  Drainage Memorandum Page 3 of 5  Storm Water Management Plan which meets CDOT, City, and Jefferson County requirements. Assumptions:  The drainage memorandum and SWMP will not extend beyond the disturbance limits of the project.  The memorandum and SWMP will be completed in conformance with CDOT’s standards and requirements.  A separate memorandum and SWMP limited to Jefferson County jurisdiction will not be required.  It is assumed that a hydrologic and hydraulic analysis will not be required.  Relocation of water ways will be replaced in kind without a requirement of further analysis.  Wetlands delineation and permanent water treatment improvements are not required as part of this effort. 2.3 Coordination and Approvals with Metro Water Recovery and Denver Water DEA has and will continue to coordinate with Metro Water Recovery for improvements surrounding a sanitary sewer metering station immediately north of 40th Avenue. It is anticipated negotiating and approvals with the district may require additional submittals. Deliverables:  Exhibits and plans as previously prepared or as typically included in the 90% and 100% design packages will be shared for agency approvals and permits. Up to 10 hours of time has been allocated to this effort. Assumptions:  Concepts as currently provided in this area will not have a substantive change. 2.4 Water Service Connection Approvals from The Consolidated Mutual Water Company and Denver Water DEA has been coordinating with The Consolidated Mutual Water Company for new water service connections to feed the corridor’s irrigation system. The Water Company requires applications, water connection details, and calculations for the water service approvals. Additionally, minor improvements are proposed over existing property managed by Denver Water. DEA will support efforts to obtain approvals from Denver Water for proposed surface improvements. Deliverables:  DEA will continue to provide information for water service connection approvals from the Consolidated Mutual Water Company. DEA will prepare one irrigation service connection detail and water use calculations for the two proposed service connections. Up to 12 hours of time has been allocated for this task. Page 4 of 5  Exhibits and plans as previously prepared or as typically included in the 90% and 100% design packages will be shared for agency approvals and permits.  Up to six additional legal descriptions and exhibits will be assumed to help secure approvals from these and other impacted agencies within the project limits. Assumptions:  Concepts as currently provided in this area will not have a substantive change. TASK 3 DESIGN SERVICES During this project design, needs were identified outside of the original scope. These needs evolved out of revising themes, further development of concepts, permitting requirements, and the City’s maintenance requirements. New parameters and constraints that resulted in the rework of initial concepts included identification and grading of areas to meet allowable slopes for maintaining landscaping, fall protection fence, preliminary development and grading of gabion basket walls, modified plantings, the treatment of slope paving, soil prep considerations for planting areas under the slope paving, adding a snow storage buffer zone, barrier treatments, and coordination associated with artwork. Although many of these concepts were not fully developed for incorporation into the final design, additional time and fee were spent in the re-evaluation and consideration of these concepts. A reduction in the available construction budget several months into the project also resulted in additional value engineering. TASK 4 90%, 100%, AND ADVERTISEMENT SUBMITTALS WITH CURRENT UNDERSTANDING OF APPROVAL REQUIREMENTS The DEA team will provide submittals to the City of Wheat Ridge and CDOT for project approvals. Other agency approvals will continue to be pursued by providing on-going coordination, and partial submittals as required by Jefferson County, Metro Water Recovery, Denver Water, and the Consolidated Mutual Water Company. 90%, 100%, and Advertisement plan package submittals will address previous CDOT, City, and agency comments. 4.1 90% Submittal The 90% and 100% Design Plan Package will include (added sheets from initial scope of work are italicized below):  Title Sheet  M&S Standards Plans List  General Notes with DEA providing specific project notes not covered in General Notes  Summary of Approximate Quantities  Tabulations  Survey Control Plan/ Control Diagram Page 5 of 5  Removal Plans  Construction and Grading Plans  Gateway / Monument / Fence Plans and Details  Planting Plans and Details  Water Service Connection Details  Irrigation System Plans and Details  Electrical and Lighting Plans and Details  Stormwater Management Plan  Utility Plans  Construction Phasing Plans and Notes  Drainage Memorandum  Opinion of Probable Costs  Specifications and Special Provisions  Bid Schedule and Pay Item Descriptions, including Schedule of Values 4.2 Advertisement Submittal / Bidding Support After the bidding process is complete, DEA will produce a final, stamped set of plans and specifications for construction. Assumptions:  Only minor revisions anticipated from 100% submittal. If substantial concept or scope changes are requested, work will be performed under a revised scope and fee.  It is assumed that the City will compile the front-end contract/bid documents for advertisement.  The City will manage the bidding process. DEA will provide up to eight (8) hours to review and respond to technical questions regarding the plans and specifications during the bidding process. Additional Assumptions  Geotechnical and pavement design services other than previously scoped are not included within this scope.  As-constructed survey plans are not included in this scope of work. As built will be captured based on contractor field notes and changes.  Public Involvement and Engagement will be primarily handled by the City from this stage on. DEA will provide exhibits and plans that are either already developed or will be developed for the described submittals.  The DEA team will have minimal participation in activities related to public art efforts. It is assumed the city will guide the selected artist in the development of, and location of selected artwork.  Construction management and Construction Support Services are not included in this scope of work.  Add Alternates are not assumed, all will be bid under the base bid.  Permanent MS4/water quality measures are not included. 43 E Colorado Blvd #200 Pasadena, CA 91105 626.793.7847 HUNT DESIGNHunt May 7, 2024 David Evans & Associates 4141 E. Inland Empire Blvd., Ste. 250 Ontario, CA, 91764 Proposal to Provide Design Services PROJECT: City of Wheat Ridge I-70 Corridor Enhancements Scope of Work – Elements The following elements will be incorporated in design development and documentation for signage. A. Entry Monument at I-70 Youngfield Off-Ramp B. Decorative panels as a part of cable rail fencing C. Small monument sign at W 40th Avenue Intersection (including graphic wrap of utility cabinets) Scope of Work – Tasks Pre-Final 90% CDs - Based on Select colors and materials for all elements. - Develop designs three-dimensionally. - Determine illumination for signs, if applicable. - Prepare preliminary cost estimate of signage elements. - Prepare DD drawings, location plans and specifications. - Prepare design-intent drawings and specifications necessary for bidding the fabrication and - installation of the signage and graphics elements. - Prepare final sign location plans - Specifications - Review planning and designs with design team and City at appropriate milestones during CD phase. - Attend (virtual) coordination meetings – three meetings are assumed. - Coordination with DEA regarding materials (Natina finish), location, and other design elements. - Coordination with Electrical team regarding illumination of elements. Work Products: - 90% CD drawings - 90% CD Sign location plans - 90% CD Specifications 43 E Colorado Blvd #200 Pasadena, CA 91105 626.793.7847 HUNT DESIGNHunt Final 100% CDs - Prepare design-intent drawings and specifications necessary for bidding the fabrication and - installation of the signage and graphics elements. - Prepare final sign location plans - Specifications - Review planning and designs with design team and City at appropriate milestones during CD phase. - Attend (virtual) coordination meetings – three meetings are assumed. - Coordination with DEA regarding materials, location, utilities, and other design elements. - Coordination with Electrical/Lighting subconsultant regarding illumination of elements. - Coordination with lighting vendors on technical requirements for illumination effects. Work Products: - 100% CD drawings - 100% CD Sign location plans - 100% CD Specifications Bidding Assistance - Final electronic plans and specs - Respond to questions from bidders (10) - Issue plan and spec Addendum (1) Work Products: - Digital copy of plans/specs - Addendum Fees See Attachment A for rates and fees. Exclusions: Engineering, cost of sign mock-ups, travel/site visits, construction administration services or sign permitting. Assumptions: 90% drawings due in “mid-June” 2024; 100% drawings at end of June 2024 Conditions per original agreement. HUNT DESIGN ASSOCIATES, INC. John Temple, Principal 43 E Colorado Blvd #200 Pasadena, CA 91105 626.793.7847 HUNT DESIGNHunt Attachment A Discipline / Sub Consultants Personnel Pincipal Sr Designer CAD Tech Tentative Staff John Temple Bret Yourstone Dinnis Lee Rate 185$ 165$ 122$ Pre-Final 90% and Final 100% Design Phase Services 13 32 86 179 18,177$ Pre-Final 90% A. Entry Monument at I-70 Youngfield Off-Ramp 0 -$ Pre-Final Signage Design 4 8 28 40 5,476$ B. Decorative panels as a part of cable rail fencing 0 -$ Pre-Final Signage Design 2 6 22 30 4,044$ C. Small monument sign at W 40th Avenue Intersection 0 -$ Pre-Final Signage Design 2 6 16 24 3,312$ 0 -$ Final Design 100% Final 100% Signage Design Plans and Drawings 2 4 8 14 2,006$ Final 100% Signage Specifications 1 4 6 11 1,577$ Final 100% Signage QAQC 2 4 6 12 1,762$ 0 -$ Bidding Assistance 3 7 14 24 3,418$ Final Electronic Plans and Specification 1 2 4 7 1,003$ Bidder Questions (10)1 2 4 7 1,003$ Plan and Specification Addendum (1)1 3 6 10 1,412$ Personnel Hours Total 13 32 86 179 $ 21,595.00 Expenses Signage Reimbursable Expenses $500 22,095$ Totals HUNT DESIGN Hours Cost David Evans & Associates | Youngfield Street Corridor Aesthetics Improvements | RVI22006377 RVi Planning + Landscape Architecture • www.rviplanning.com PROFESSIONAL SERVICES AGREEMENT - AMENDMENT #1 RVi# 22006377 This Amendment to Design Professional Services Agreement (the "Amendment") is entered into as of this 20th day of May 2024 by and between David Evans and Associates, ("Client") and RVi Planning + Landscape Architecture, Inc. ("Consultant"). Client and Consultant have entered into that certain Agreement for Design Services for the Youngfield Street Corridor Aesthetics Improvements Project dated as of February 9th, 2023 (the "Original Agreement") and desire to amend the Original Agreement. Except as expressly modified by this Amendment, the Original Agreement remains unchanged and in full force and effect. A.The parties agree that Article 1 – BASIC SERVICES, of the Original Agreement, is hereby amended by adding the following: •Additional services for project management, client, and agency meetings / design services B.The parties agree that Article 4-COMPENSATION of the Original Agreement, is hereby amended by adding the following: Task 06.1: Additional Services; Preliminary 30%, Prefinal 90%, & Final 100% Design $7,007.50 The Client agrees to pay the Consultant the following estimated fees for the Basic Services. Fees for Basic Services will be charged on an hourly basis for each phase of the Project plus reimbursable costs and will not be exceeded without authorization from the Client. The fees assume no substantial change in scope of the Project or services. The Client shall compensate the Consultant as follows: The following hourly rates shall apply to the fees described herein and any additional services requested of the Consultant. The rates set forth below shall be adjusted in accordance with the normal salary review practices of the Consultant. Principal $220.00 - $275.00 Associate Principal $190.00 - $250.00 Practice Director $160.00 - $230.00 Project Director $150.00 - $230.00 Project Manager $140.00 - $230.00 Landscape Architect (PLA)/Planner (AICP) $150.00 - $220.00 Designer/Planner/Intern $90.00 - $200.00 Technical, Administrative $80.00 - $175.00 APPROVED AND ACCEPTED This Amendment to Land Planning and/or Landscape Architectural Design Services Agreement is approved and accepted by the Client and Consultant upon both parties signing and dating the Amendment and returning a signed copy to the Consultant. CONSULTANT: RVi Planning + Landscape Architecture, Inc. Signature: Printed Name: Will Wagenlander Title: Director of Planning Date: May 20, 2024 CLIENT: David Evans and Associates Signature: Printed Name: Title: Date: Youngfield Street Corridor Aesthetics 22006377 RVi RATE 90% Design Bidding TOTALS Principal ($175-$275)0-$ -$ -$ -$ -$ -$ -$ -$ Project Director ($125-$225)230 -$ -$ -$ 690.00$ -$ -$ -$ 690.00$ Project Manager ($100-$175)190 -$ -$ -$ 5,557.50$ 760.00$ -$ -$ 6,317.50$ Landscape Architect /Planner ($80-$150)0-$ -$ -$ -$ -$ -$ -$ -$ Production/Technical ($70-$100)0-$ -$ -$ -$ -$ -$ -$ -$ Adminstrative ($60-$140)0-$ -$ -$ -$ -$ -$ -$ -$ RVi TOTALS: -$ -$ -$ 6,247.50$ 760.00$ -$ -$ 7,007.50$ RVi Reimbursables -$ RVi Total 7,007.50$ 90% Design 1 Project Management 2 2 2 Site Visits 2 2 3 Team Meetings 2 2 4 Client Meetings 2 2 5 Hardscape Sheets 6 6 6 Landscape Sheets 6 6 7 Hardscape Details 2 2 8 Landscape Details 2 2 9 Final Grading Plan 0 10 Estimate of Probable Costs 3.25 3.25 11 Project Manual or Specifications 0 12 QA/QC Review 1 4 5 Total Construction Document Hours 0 3 29.25 0 0 0 32.25 Bidding 1 Project Management 0 2 Prebid Conference 0 3 Addenda, Clarifications, Questions 0 4 Bid Tabulation 4 4 5 VE Services 0 Total Bidding Hours 0 0 4000 4 Shannon & Wilson, Inc.  5900 W. 38th Avenue  Wheat Ridge, CO  80212  Main (303) 825-3800 108966 completion SOW.docx 1 SCOPE OF WORK WHEAT RIDGE YOUNGFIELD IMPROVEMENTS WHEAT RIDGE, COLORADO Introduction Final design recommendations are required for three monuments/signs and fencing that will require shallow and deep foundations. In addition, recommendations are required for a concrete drive planned in the vicinity of the metering station north of E. 40th Avenue. The project is located south of I-70 along Youngfield Steet in Wheat Ridge, Colorado. The proposed improvements are summarized in Exhibit 1 and approximate locations are shown in Exhibit 2. Exhibit 1: Summary of Proposed Improvements Structure Description Dimensions Nearest Boring(s) Youngfield Off-Ramp Monument Corten steel structure Tiered gabion basket base Located on a slope 24 ft high 4 ft x 12 f in plan SW-04 40th Avenue Monument (south) Free-standing corten steel structure Gabion basket base 10 ft high SW-01 40th Avenue Monument (north) Free-standing corten steel structure Gabion basket base 10 ft high SW-01 Fence Segment A Decorative corten panels Gabion basket posts 550 ft long 6.5 ft x 4 ft corten panels 5 ft x 2.5 ft x 2.5 ft gabion posts SW-04 SW-03 Fence Segment B Decorative corten panels Gabion basket posts 280 ft long SW-02 Fence Segment C Decorative corten panels Gabion basket posts 1,110 ft long SW-01 Shannon & Wilson previously completed a subsurface investigation along the project corridor which consisted of four borings (SW-01 through SW-04). A draft geotechnical report was issued in October 2023. This report included shallow and deep foundation recommendations for several monuments along Youngfield Street, but the exact locations or dimensions were not yet determined. No recommendations were provided for fence supports. Wheat Ridge Youngfield Improvements 108966-001 2 May 16, 2024 Exhibit 2: Approximate Monument Locations Geotechnical Services Shannon & Wilson will review the proposed structure locations and will provide updated design recommendations. In addition, we will provide recommendations for the concrete drive. No additional borings will be drilled. Data generated during the previous subsurface exploration and laboratory testing programs will be analyzed by a geotechnical engineer in developing shallow and deep foundation recommendations for the proposed structures along with concrete pavement recommendations. A revised draft report will be issued for reviewed, followed by a stamped and sealed report which incorporates any comments. Our analyses and recommendations will include the following:  Geotechnical recommendations for the spread footings and drilled shafts for sign/monument and fence foundations, including allowable bearing pressure, sliding resistance, and LPILE parameters.  Construction considerations pertinent to earthwork construction, including subgrade preparation and drilled shaft installation.  Concrete pavement recommendations for the proposed drive in the vicinity of the metering station. Recommendations will be made in accordance with MGPEC or City of Wheat Ridge guidelines. Traffic counts will be provided by others. No LCCA analysis will be performed.  Review of geotechnical elements of project plans and specifications. FEE ESTIMATE We propose to perform the above-described scope of work for the estimated fee of $5,998 indicated on the attached Geotechnical Fee Estimate. GEOTECHNICAL FEE ESTIMATEYoungfield Street Corridor Aesthetics and Multimodal ImprovementsWheat Ridge, Colorado SHANNON & WILSON, INC. VP PM SP II P IV P II Draft III Admin III Total VP PM SP II P IV P II Draft III Admin III$275 $275 $165 $130 $110 $125 $105 1.0 PROJECT MANAGEMENT 1.1 Project Set-Up 2.0 TEST HOLES/FIELD INVESTIGATION 2.1 Coordinate with Subcontractors 2.2 Boring Layout, Stake Borings 2.3 Utility Locates 2.4 Permitting 2.5 Drilling Observations 3.0 SAMPLE TESTING 3.1 Assign Laboratory Testing 4.0 GEOTECHNICAL REPORT 4.1 Concrete Pavement Design 1.0 16.0 17.0 $275 $2,640 $2,915 $2,915 4.2 Foundation Analysis and Design 1.0 2.0 16.0 19.0 $275 $330 $2,080 $2,685 $2,685 4.3 Draft Report 0.5 1.0 2.0 16.0 1.0 1.0 21.5 $138 $275 $330 $2,080 $125 $105 $3,053 $3,053 4.4 Final Report / Comment Resolution 0.5 2.0 4.0 1.0 7.5 $138 $330 $520 $105 $1,093 $1,093 5.0 Meetings 5.1 FIR 5.2 FOR TOTAL 0.5 3.5 22.0 36.0 1.0 2.0 65.0 $138 $963 $3,630 $4,680 $125 $210 $9,745 $9,745 remaining budget ($3,747) additional fee request $5,998 TOTALTASKS/SUBTASKS SUB TOTAL ODC2024 DOLLARSHOURS 108966 completion Fee.xlsx5/16/2024 108966 Discipline / Sub Consultants  Classification Project Manager Administrative  Assistant Project  Accountant Survey Manager Project Surveyor GPS Surveyor Senior Survey  Technician Structural Senior  Designer Engineering  Technician Structural Group  Manager Engineer I Stormwater  Task Leader  Stormwater  Designer Landscape Task  Lead Landscape  Designer Landscape  Designer Agency Liason Planning Task  Leader Rate 239$                        116$                        129$                        194$                        153$                        131$                        131$                        236$                        104$                        250$                        143$                        161$                        125$                        257$                        139$                        119$                        268$                        200$                         Task 1‐ Project Management and Administration 22842000200010141161416100 20,512$                               Project Management and Administration 884 2 8 30 5,491$                                 Additional Client Coordination Meetings (6 additional)6 6 3 3 6 4 28 6,157$                                 Additional Design Team Coordination Meetings (8 additional) 8 2 2 1 8 8 3 6 4 42 8,864$                                  Task 2‐ Additional Permitting Requirements and Agancy Coordination 80037100362400002614017040383 56,272$                               Task 2.1 Access‐Line Relocation 1 25303624 4 120 18,617$                               Task 2.2 Drainage Memorandum 1 650 57 7,463$                                 Task 2.3 Storm Water Management Plan 2 20 90 112 14,962$                               Task 2.3 Coordination and Approvals with Metro Water Recovery and Denver Water 4 12 70 1 7 94 15,231$                                Task 3‐ Design Services 40000000000000401004004224 39,266$                               Task 3 Design Services 40 40 100 40 4 224 39,266$                               Personnel Hours Total 708439100362420002714055118461820707 $                    116,050  ERO Resources Inc ‐$                                     RVI 7,008$                                 Hunt Designs 22,095$                               Shannon & Wilson 5,998$                                 Clanton and Associates ‐$                                     TOTAL 151,151$               Project Management/ Administration Civil and Wall Design Cost Survey Hours EnvironmentalLandscape Architechture