The URL can be used to link to this page

Home My WebLink About07-08-2024 City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO July 8, 2024 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1.Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speakupon arrival. 2.Provide comment in advance at www.wheatridgespeaks.org (comment by noon on July 8, 2024) 3.Virtually attend and participate in the meeting through a device or phone: •Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on July 8, 2024) 4.View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTubeLive 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, June 24, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Park and Recreation Month 2. Proclamation – Mayors’ Monarch Pledge PUBLICS’ RIGHT TO SPEAK a.Public may speak on any matter not on the Agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. CONSENT AGENDA None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Resolution No. 33-2024 – a resolution approving the assignment to the Jefferson County Housing Authority, D/B/A Foothills Regional Housing of $1,963,487 of the City of Wheat Ridge, Colorado’s 2024 Private Activity Bond Volume Cap Allocation from the state ceiling for private activity bonds; and authorizing the execution and delivery of an Assignment and other documents in connection therewith ORDINANCES ON FIRST READING 2. Council Bill 12-2024 – an ordinance amending Chapters 1 and 13 of the Wheat Ridge Code of Laws concerning the acceptance of electronic signatures DECISIONS, RESOLUTIONS, AND MOTIONS 3. A motion approving a contract amendment with Architerra Group for construction support services for the Green at 38th Project in the amount of $111,855 4. Resolution No. 34-2024 – a resolution amending the 2024 Housing Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of funding an inclusionary housing economic analysis 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  June 24, 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: Scott Ohm, Amanda Weaver, Korey Stites, and Dan Larson, Leah Dozeman, Rachel Hultin, Janeece Hoppe, and Council Member Jenny Snell joined virtually on zoom. A quorum was established. Also present: City Manager Patrick Goff; Attorney Gerald Dahl; Director of Public Works Maria D’Andrea; Executive Assistant Rhi Curry; Police Chief Chris Murtha, Assistant City Manager Marianne Schilling, participants of the NCL All American City presentation, other staff, guests and interested members of the public.  4. 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 Without objection or correction, the minutes were approved as presented. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Presentation – Chief Murtha – Introduction of New Police Recruits – Chief Murtha gave a brief introduction to Mayor and Council of the five new police recruits to the City of Wheat Ridge, each got up and spoke about their background and why they wanted to be a part of the City of Wheat Ridge Police Department Family. The recruits are as follows – Tristin Siemek, Tristan Alago-Gomez, Hannah Bouley, Daniel Meunier, Jeffrey Kozeluh. 7. Presentation – Wheat Ridge receives the National Civic League American City Hall of Fame award – NCL President Doug Linhart presented the National Civic League American City Hall of Fame award to the Wheat Ridge presentation team as well as to Mayor Starker. Gave a brief background of the NCL stating they are headquartered in Denver for the last 40 years after moving here from New York City. Every year 20 finalists present to a Jury, and the Jury decides from those 20 finalists who will win the All-American City Award. Wheat Ridge won this award in 2021 during Covid for the Let’s Talk program. President Linhart congratulated Wheat Ridge on its dedication and change effort through multiple programs to work with its citizens to initiate real change and representing a City and Community that work well together. 8. Public’s Right to Speak None Wheat Ridge Speaks: No comments from Wheat Ridge Speaks or via Zoom. 9. Consent Agenda Council Member Hoppe introduced the consent agenda reading each Item and Issue Statement into the Record: a. Resolution 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 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. b. Motion to cancel the July 1, 2024, City Council Meeting 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. c. Motion to approve the appointment of Meggen Rumley to the Cultural Commission 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. Council Member Hoppe made a motion to approve the Consent Agenda Items 1a through 1c, inclusive. It was seconded by Council Member Weaver. Vote: 8-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 10. 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 Korey 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 the new Presiding Municipal Court Judge. The Mayor opened the public hearing, which was not a quasi-judicial matter. Staff Presentation None Public Comment Judge Lucero was in the audience and took the opportunity to thank the Mayor and Council for the opportunity and the trust they have placed in him, and expressed humbleness to be there, and explained he was looking forward to safeguarding the laws and serving the people of Wheat Ridge. Council Comments Council Member Hultin expressed excitement to be voting to bring on the new judge. She apologized, she was unable to attend the Study Session when Lucero interviewed before Council, but she watched the Video. Council Member Hultin stated she appreciated the process, the inclusivity of staff, community, and council and the diversity of the panel, and feels good about this decision. Mayor Pro Tem Stites welcomed Judge Lucero to Wheat Ridge and thanked him for a great interview process, telling him what a great job he did. Mayor Pro Tem Stites went on to thank all that were a part of the process, and thanked Judge Basso for his time with Wheat Ridge and stated he was glad Basso would continue as a backup judge with Wheat Ridge. Council Member Dozeman stated she was honored to be a part of the process, and is grateful to welcome Judge Lucero, and believes he will do a great job ushering Wheat Ridge into its “Next Chapter”. Council Member Hoppe said she looked forward to Judge Lucero’s service and believes him being bi-lingual is an added service to the City. Council Member Hoppe told Judge Lucero she looked forward to working with him. Council Member Snell thanked staff for the process, stating she understands a lot of time goes into this type of process, especially for a position of this caliber, expressed Judge Lucero’s appointment is a good addition to the city, and she is happy to have him here. Mayor Starker welcomed Lucero to the bench and thanked Judge Basso for his service to the city, stating he had been a great judge in our chambers. Mayor Pro Tem Stities 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. It was seconded by Council Member Hoppe. Vote: 8-0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 11. 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) This Council Bill was introduced into the Record by Council Member Larson. 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. Council Member Larson made a motion 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. It was seconded Council Member Dozeman. Vote: 8-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 12. 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. This Resolution was introduced into the Record by Council Member Dozeman. 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. Staff Presentation City Manager Patrick Goff explained that the presentation was for two identical items for two separate Urban Renewal Areas, one being Clearvale and the other being the Lutheran Legacy Campus. Goff explained the ins and outs of Urban Renewal Areas and the tax implications and requirements of them accordingly, and how they will assist funding of public improvements in both locations. Public Comment None. Council Comments None Council Member Dozeman made a motion to approve Resolution 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, seconded by Council Member Ohm. Vote: 8-0. The motion carried. 13. 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. This Resolution was introduced into the Record by Council Member Weaver. 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. Staff Presentation None Public Comment None. Council Comments None Council Member Weaver made a motion to approve Resolution 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 Lutheran Legacy Campus Urban Renewal Plan, seconded by Mayor Pro Tem Stites. Vote: 8-0. The motion carried. 14. 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. This Motion was introduced into the Record by Council Member Hultin. 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. Staff Presentation Jordan Jefferies a Program Manager with the Public Works department shared a slide show with the proposed work to be done on Youngfield between the I-70 on ramp south to 40th Avenue. Jefferies detailed the various landscaping, public art, lighting, monuments, hardscaping, and linear elements throughout the project. Jefferies also explained that work is currently being done in the area to clean up items like trash and debris, mowing, graffiti removal, etc., and these items should be done by June 28. Public Comment None. Council Comments Council Member Hultin asked Project Manager Jefferies to address the changes and causes for those changes during the initial planning and engineering design of the project to current. He explained to council, that due to slope issues and inflation, monuments had to be removed, and more public art added, with the initial design, being over budget, and a concern of obtaining approval from CDOT, the project was redesigned to conserve necessary funds to complete. Council Member Hultin also asked about lighting. Project Manager Jefferies explained that after testing the lighting around 32nd, it was deemed appropriate for peds, bikes, and vehicles, so any lighting there would more than likely be uplighting to highlight public art, as CDOT will not allow lighting hanging from the bridge there. Council Member Hoppe asked that as time draws closer to the construction phase, that there is adequate communication around the construction to take place, as that intersection has traffic issues already due to a middle school in the vicinity, and construction will only add to the congestion. Council Member Weaver questioned the removal of a City of Lakewood sign in Wheat Ridge, and Public Works Director D’Andrea confirmed the sign will be displaced. Council Member Larson asked about a piece of land located in Unincorporated Jefferson County, that is also in the CDOT right of way, and questioned vision obstruction in another area due to planned landscaping. Project Manager Jefferies assured Council that Jeffco is on board if CDOT approves plans, and that he will have David and Evans address the vision obstruction concern to ensure it is a non-issue. Council Member Hultin made a 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. It was seconded by Mayor Pro Tem Stites. Vote: 8-0. The motion carried. CITY MANAGER’S MATTERS City Manager Goff thanked Executive Assistant Rhi Curry for filling in for the Clerk’s office during the meeting. CITY ATTORNEY’S MATTERS None ELECTED OFFICIALS’ MATTERS Council Member Hultin spoke to the state of Happiness Gardens and all the goings on there, and asked City Manager Goff to address the on-going issue of off-leash dogs. Council Member Snell reminded folks about bike to workday on June 26, and asked bikers and vehicles alike to be cautious, and reminding bikers to stay hydrated. Council Member Snell also informed of the upcoming RidgeFest at Anderson Park. Council Member Dozeman again welcomed the Police Recruits to Wheat Ridge and thanked the PD for all they do for the City. Council Member Dozeman expressed excitement for RidgeFest and talked about the upcoming Carnation Festival, letting all know there is still time to register to be a part of the parade. Council Member Larson, discussed in depth the happenings at RidgeFest at Anderson Park, explaining the event is hosted by LocalWorks, with a theme of putting down roots, and showcasing local vendors from Wheat Ridge, and explaining it will take place from 2pm-8pm, and you can find more information at localworks.org. Council Member Ohm asked residents to be careful when using pesticides and be mindful of water usage. Council Member Weaver discussed the goat parade at 9am on Saturday starting at Luis Meadows Park walking the goats to their summer destination at Prospect Valley, parade is approximately one mile, and will take about an hour. Mayor Pro Tem Stites, joked about needing the law-and-order sound, as the meeting contained both Law with the new Police Recruits and order with Judge Lucero. Mayor Pro Tem Stites talked about the WR business event, where businesses were visited and asked for feedback. Mayor Pro Tem Stites asked residents if they can find it in Wheat Ridge to buy it in Wheat Ridge. Mayor Starker – welcomed the new recruits to Wheat Ridge, wished them well, and asked them to be safe out in the community doing their work. Mayor also thanked Judge Lucero and Judge Basso, and asked residents to celebrate the approaching holiday appropriately and with the sense of independence and freedom we enjoy. Mayor Starker also reminded residents that school is out and to drive slowly and safely down the streets in the City of Wheat Ridge. ADJOURNED The meeting adjourned at 7:44 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem PROCLAMATION PARK AND RECREATION MONTH JULY 2024 WHEREAS, the U.S. House of Representatives has designated July as Park and Recreation Month; and WHEREAS, this year’s theme – “Where You Belong” – celebrates the many ways park and recreation professionals across the country foster a sense of belonging in their community by providing welcoming and inclusive programs, essential services for all ages and abilities, and safe, accessible spaces to build meaningful connections; and WHEREAS, parks and recreation promote health and wellness, improving the physical and mental health of people who live near parks; and WHEREAS, parks and recreation promote time spent in nature, which positively impacts mental health by increasing cognitive performance and well-being, and alleviating illnesses such as depression, attention deficit disorders, and Alzheimer’s; and WHEREAS, parks and recreation encourage physical activities by providing space for popular sports, hiking trails, swimming pools and many other activities designed to promote active lifestyles; and WHEREAS, park and recreation programming and education activities, such as out-of-school time programming, youth sports and environmental education, are critical to childhood development; and WHEREAS, parks and recreation increase a community’s economic prosperity through increased property values, expansion of the local tax base, increased tourism, the attraction and retention of businesses, and crime reduction; and WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our community and provide a place for children and adults to connect with nature and recreate outdoors. NOW THEREFORE, BE IT RESOLVED I, Mayor Bud Starker, and the Wheat Ridge City Council, do hereby proclaim July 2024 as Park and Recreation Month in the City of Wheat Ridge. __________________________ Bud Starker, Mayor ____________________________ Margy Greer, Sr. Deputy City Clerk PROCLAMATION MAYORS’ MONARCH PLEDGE JULY 08, 2024 WHEREAS, the monarch butterfly is an iconic North American species whose multigenerational migration and metamorphosis from caterpillar to butterfly has captured the imagination of millions of Americans; and WHEREAS, both the western and eastern monarch populations have seen significant declines with less than one percent of the western monarch population remaining, while the eastern population has fallen by as much as ninety percent; and WHEREAS, the City of Wheat Ridge recognizes that human health ultimately depends on well-functioning ecosystems and that biodiverse regions can better support food production, healthy soil and air quality and can foster healthy connections between humans and wildlife; and WHEREAS, every resident of Wheat Ridge can make a difference for the monarch by planting native milkweed and nectar plants to provide habitat for the monarch and pollinators in locations where people live, work, learn, and play; and WHEREAS, on March 15, 2024, I, Mayor Bud Starker, signed the National Wildlife Federation’s Mayors’ Monarch Pledge and have officially committed to taking meaningful action to protect the monarch butterfly; and WHEREAS, the City of Wheat Ridge has committed to a future of sustainable environmental outcomes with programs such as Sustainable Wheat Ridge and Regenerate Wheat Ridge. NOW, THEREFORE, I, Mayor Bud Starker, call upon the City of Wheat Ridge, to join us in recognizing July 08, 2024, as MAYORS’ MONARCH PLEDGE DAY In the City of Wheat Ridge and encourage all residents to participate in community activities that support and celebrate monarch conservation. IN WITNESS THEREOF on this 8th day of July 2024. ______________________________ Bud Starker, Mayor ____________________________ Margy Greer, Sr. Deputy City Clerk ITEM NO: 1 DATE: July 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 33-2024 – A RESOLUTION APPROVING THE ASSIGNMENT TO THE JEFFERSON COUNTY HOUSING AUTHORITY, D/B/A FOOTHILLS REGIONAL HOUSING OF $1,963,487 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2024 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ City Manager ISSUE: The City of Wheat Ridge has received an allocation of $1,963,487 for the purpose of issuing Private Activity Bonds (PABs) in 2024 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning the City’s allocation to Foothills Regional Housing which has agreed to issue PABs for The Ives affordable housing project at the corner of 44th and Wadsworth Boulevard. PRIOR ACTION: The City of Wheat Ridge has traditionally assigned the City’s PAB allocation to either the Colorado Housing and Finance Authority (CHFA) or the Metro Mayors Caucus for single family Council Action Form - Assignment of Private Activity Bonds July 8, 2024 Page 2 mortgage revenue bonds. The last allocation assignment was approved in 2011 to CHFA. Since 2011, neither CHFA nor the Metro Mayors Caucus were accepting applications for allocations because of the decline in the financial markets and the impact that has had on investor interest in PAB. Between 2012 and 2018, the City’s allocation was relinquished to the statewide balance for distribution to applicants by the Department of Local Affairs. City Council assigned the City’s 2019, 2020 and 2022 PAB allocations to FRH for the Caesar Square Apartments project, the 2021 PAB allocation for the Allison Village affordable housing project in Arvada and the 2023 PAB allocation to The Ives affordable housing project. FINANCIAL IMPACT: There is no direct financial impact to the City of Wheat Ridge. However, injecting PAB capital into the community has a direct impact on real estate, construction, and financial markets by stimulating economic activity and jobs. BACKGROUND: PABs are tax exempt bonds designed to offer low-cost financing to private sector borrowers for projects that create jobs and expand the tax bases of local communities. PABs may be used to finance a broad array of community development projects including housing, manufacturing, higher education, infrastructure, and environmental projects. The bonding authority which allows the issuance of PABs is Volume Cap, created under the federal Tax Reform Act of 1986. The federal government allocates a maximum amount of Volume Cap use to each state annually, based on population. Per Colorado statute, the Department of Local Affairs (DOLA) administers the state’s allocation of Volume Cap. Under the statute, 50 percent of Colorado’s allocation is given to five statewide authorities, with DOLA deciding the proportional allocation of each. As a political subdivision of the state and an authority, CHFA is eligible to receive an allocation of Volume Cap, which it uses to issue tax exempt bonds throughout Colorado. CHFA uses its annual allocation to issue tax exempt bonds for single family mortgages, multifamily rental developments, manufacturers, and mortgage credit certificates. The remaining 50 percent of annual Volume Cap is allocated to local issuing authorities. A local issuing authority consists of “any city, town, county, or city and county which has a population in any year which would result in the local issuing authority having any allocation of the state ceiling in excess of one million dollars” (CRS 24-32-1702-8). After allocating Volume Cap to local issuing authorities, any remaining balance becomes available by application to the statewide balance. RECOMMENDATIONS: Staff recommends assigning the City’s PAB allocation to Foothills Regional Housing for The Ives affordable housing project at the corner of 44th and Wadsworth Boulevard. Council Action Form - Assignment of Private Activity Bonds July 8, 2024 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 33-2024, a resolution approving the assignment to the Jefferson County Housing Authority, D/B/A Foothills Regional Housing of $1,963,487 of the City of Wheat Ridge, Colorado’s 2024 Private Activity Bond Volume Cap Allocation from the State Ceiling for Private Activity Bonds; and authorizing the execution and delivery of an Assignment and other documents in connection therewith.” Or, “I move to return the unused portion of the PAB allocation to the Statewide Balance for the following reason(s) ___________________________________.” REPORT PREPARED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 33-2024 2. Assignment of Allocation 3. Memo from Foothills Regional Housing, dated June 25, 2024 4865-0896-5319.1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 33 Series of 2024 TITLE: A RESOLUTION APPROVING THE ASSIGNMENT TO THE JEFFERSON COUNTY HOUSING AUTHORITY, D/B/A FOOTHILLS REGIONAL HOUSING OF $1,963,487 OF THE CITY OF WHEAT RIDGE, COLORADO’S 2024 PRIVATE ACTIVITY BOND VOLUME CAP ALLOCATION FROM THE STATE CEILING FOR PRIVATE ACTIVITY BONDS; AND AUTHORIZING THE EXECUTION AND DELIVERY OF AN ASSIGNMENT AND OTHER DOCUMENTS IN CONNECTION THEREWITH WHEREAS, the City of Wheat Ridge, Colorado (the “City”) has been awarded on January 1, 2024, $1,963,487 (the “2024 Allocation”) of the bond ceiling for the State of Colorado (the “State”) and its issuing authorities pursuant to the Colorado Private Activity Bond Ceiling Allocation Act, constituting Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, the Allocation Act provides for the assignment of bond allocations between “issuing authorities” (as defined in the Allocation Act) of the State; and WHEREAS, the Jefferson County Housing Authority, d/b/a Foothills Regional Housing (the “Assignee”) is authorized to issue housing revenue bonds constituting private activity bonds pursuant to Part 5 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”) and the Supplemental Public Securities Act, Part 2, Article 57, Title 11 of the Colorado Revised Statutes, as amended, (the “Supplemental Act”); and WHEREAS, the City desires to assign and transfer to the Assignee all of the City’s 2024 Allocation, which the City and the Assignee will commit and reserve for the issuance of such private activity bonds; and WHEREAS, it is necessary to evidence such assignment and transfer and the acceptance thereof by the execution and delivery by the City of an Assignment (the “Assignment”), by and between the City and the Assignee; and WHEREAS, the City and the Assignee intend that the 2024 Allocation be utilized to issue housing revenue bonds for the purpose of assisting in the financing of “projects” within the meaning of the Act and the Supplemental Act in Jefferson County, Colorado including for a multifamily project located at 7525 W. 44th Avenue, Wheat Ridge, Colorado known as The Ives Phase 2 (or such other name as designated by the Assignee) or such other project approved by officials of Assignor (the “Project”); and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: ATTACHMENT 1 2 4865-0896-5319.1 Section 1. In order to finance the Project, the City hereby (i) assigns and transfers to the Assignee an amount equal to the 2024 Allocation and (ii) approves, and authorizes and directs the Mayor or City Manager of the City, or in the absence of the Mayor or the City Manager, any other council member of the City Council (the “City Council”), to execute and deliver and the City Clerk to attest and deliver, the Assignment in substantially the form presented to the City Council, with such changes, not inconsistent herewith, as are approved by the person executing the Assignment (whose execution thereof shall constitute conclusive evidence of such approval). A copy of the proposed Assignment is on file in the office of the City Clerk and is available for inspection by the public. Section 2. The Mayor or the City Manager of the City or any other member of the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution. Section 3. All actions not inconsistent with the provisions of this Resolution heretofore taken by the City Council and the officers of the City directed toward the assignment of the 2024 Allocation and the authorization of the Assignment hereby are ratified, approved, and confirmed. Section 4. Nothing contained in this Resolution or the Assignment shall constitute a debt, indebtedness or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 5. If any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of any such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Section 6. This Resolution shall be in full force and effect upon its passage and approval. 3 4865-0896-5319.1 INTRODUCED, READ, PASSED AND ADOPTED this 8th day of July 2024. CITY OF WHEAT RIDGE, COLORADO Bud Starker, Mayor [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk 4895-7919-5847.1 ASSIGNMENT THIS ASSIGNMENT (this “Assignment”), dated as of the ____ day of July, 2024, is by and between the CITY OF WHEAT RIDGE, COLORADO (the “Assignor”), a body corporate and politic and a political subdivision of the State of Colorado (the “State”), and the JEFFERSON COUNTY HOUSING AUTHORITY D/B/A FOOTHILLS REGIONAL HOUSING (the “Assignee”), a body corporate and politic of the State; W I T N E S S E T H : WHEREAS, the Assignor has been awarded $1,963,487 (the “2024 Allocation”) of private activity bond volume cap allocation for the State of Colorado (the “State”) and its issuing authorities (the “State Ceiling”) computed under Section 146(d) of the Internal Revenue Code of 1986, as amended (the “Code”), and under the Colorado Private Activity Bond Ceiling Allocation Act, Part 17 of Article 32 of Title 24, Colorado Revised Statutes, as amended (the “Allocation Act”), for use in the issuance of private activity bonds; and WHEREAS, subject to the terms and conditions set forth herein, the Assignor desires to assign to the Assignee, and the Assignee desires to accept all $1,963,487 of the Assignor’s 2024 Allocation, which the Assignor has committed and reserved for the issuance of such private activity bonds; and WHEREAS, the private activity bonds will be issued by the Assignee pursuant to Part 5 of Article 4 of Title 29, Colorado Revised Statutes, as amended (the “Act”), and the Supplemental Public Securities Act, Part 2 of Article 57 of Title 11, Colorado Revised Statutes, as amended (the “Supplemental Act”), and such bonds will be used only for “projects” as described under the Act; and WHEREAS, the Assignor and the Assignee intend that the 2024 Allocation be utilized to issue housing revenue bonds for the purpose of assisting in the financing of “projects” within the meaning of Title 29, Article 4, Part 5, Colorado Revised Statutes, as amended, in Jefferson County, Colorado including for a multifamily project located at 7525 W. 44th Avenue, Wheat Ridge, Colorado known as The Ives Phase 2 (or such other name as designated by the Assignee) or such other project approved by officials of Assignor (the “Project”); and WHEREAS, the Assignee intends to issue private activity bonds to finance the Project. NOW THEREFORE, in exchange for the agreements set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: Section 1. The Assignor hereby assigns and transfers to the Assignee all of the Assignor’s 2024 Allocation. The Assignee agrees to use all of the Assignor’s 2024 Allocation only for “projects” as described in the Act. In addition, the Assignor hereby consents to the election by the Assignee, if the Assignee in its discretion so decides, to treat all of the Assignor’s 2024 Allocation as an allocation for a project with a carryforward purpose, thus avoiding reversion of such 2024 ATTACHMENT 2 2 4895-7919-5847.1 Allocation to the statewide balance under the Allocation Act, or to assign the 2024 Allocation or a portion thereof to another Assignee. Section 2. The Assignor represents that it has received no monetary consideration for the assignment set forth above. Section 3. The Assignee hereby accepts the assignment of all of the Assignor’s 2024 Allocation from the State Ceiling described above, subject to the terms and conditions contained herein. Section 4. This Assignment shall not constitute the debt or indebtedness or financial obligation of the Assignor within the meaning of the constitution or statutes of the State of Colorado, nor give rise to a pecuniary liability or charge against the general credit or taxing power of the Assignor. Section 5. The Assignor and Assignee each agree that it will take such further action and adopt such further proceedings as may be required to implement the terms of this Agreement, including but not limited to the Assignee filing, an IRS Form 8328 “Carryforward Election of Unused Private Activity Bond Volume Cap” with respect to all of the Assignor’s 2024 Allocation. Section 6. This Assignment is effective upon execution and is irrevocable. [Remainder of page intentionally left blank] 4895-7919-5847.1 IN WITNESS WHEREOF, the Assignor and the Assignee have caused this instrument to be executed to be effective as of the date and year first written above. CITY OF WHEAT RIDGE, COLORADO, as Assignor Bud Starker, Mayor [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk 2 4895-7919-5847.1 HOUSING AUTHORITY OF THE CITY OF LAKEWOOD, COLORADO, D/B/A METRO WEST HOUSING SOLUTIONS, as Assignee By: ________________________________ Executive Director [Signature Page to Wheat Ridge Assignment] 11941 West 48th Avenue, Wheat Ridge, CO 80033 ∙ Phone: 303.422.8600 ∙ Fax: 303.422.3229 Admin. Fax 720.974.5808 Colorado Relay 711 ∙ Web: www.foothillsrh.org June 25, 2024 Patrick Goff, City Manager City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 RE: Request for 2024 Private Activity Bond Cap to Support Affordable Housing Dear Mr. Goff, The Jefferson County Housing Authority d/b/a Foothills Regional Housing (FRH) is the housing authority serving Colorado’s 774 square mile Jefferson County. FRH provides housing opportunities including affordable apartments, rental assistance vouchers, emergency home repairs, housing navigation, new development and redevelopment in both incorporated and unincorporated areas of Jefferson County. Our mission is to create vibrant, stable communities in areas of opportunity, via bold and strategic initiatives, and to provide families and individuals with housing options driven by compassion and respect throughout Jefferson County. FRH’s portfolio includes 23 rental properties with nearly 1400 units. Our mission is not achievable without the partnership of entities such as the City of Wheat Ridge. FRH is currently working through pre-development activities to produce new affordable housing on a site within the City of Wheat Ridge and anticipates being able to submit applications to the Colorado Housing and Finance Authority for an allocation of Low-Income Housing Tax Credits (LIHTC) within the current calendar year (bond cap allocations can be carried forward for 3 years). This site is referred to herein as the Ives 2 Site. Located at 44th Ave and Wadsworth, this site is on a major throughfare with public transit access running north/south through Wheat Ridge. FRH already owns the site and the zoning is in place as use-by-right to allow affordable housing at an acceptable density per our current project plans. FRH recently completed construction on 50 affordable units at an adjacent site (leasing quickly) and intends to pursue a future phase of development on this site by submitting a LIHTC application on August 1st, 2024. We anticipate needing to secure an additional approximate amount of $5.1m in PAB cap to complete this project due to a pending reassignment of our previously allocated Jeffco cap to support the completion of an affordable rehabilitation project in Lakewood being undertaken by MetroWest Housing Solutions. The adjacent site is housing, at least in part, a population impacted by homelessness to which services are to be provided on site via established case management/service partners, led by the Jefferson Center for Mental Health. We anticipate synergies could exist with the current service provide partners to serve any similar needs of future phase residents, although the site is not set aside for any specified population other than those at qualified income levels. We currently anticipate this phase will include 79 newly constructed housing ATTACHMENT 3 units ranging in size from 1-3 bedrooms. All units will be for households earning, on average, less than 60% of Area Median Income. The city’s support of this project will directly benefit the local economy in generating likely over $20 million in construction costs alone, including many job creation opportunities. This investment will allow FRH to secure affordability and increase housing supply by building new Transit-Oriented, environmentally sustainable, service-enriched units in the City of Wheat Ridge. By doing so, we will create a long-term, high quality affordable asset that will serve as a welcoming place to call home for lower-income Wheat Ridge residents for decades to come. To meet the federal requirements of the 4% LIHTC that will finance this investments, FRH requests that the City of Wheat Ridge assign the entirety ($1,963,487) of its 2024 Private Activity Bond (PAB) cap to FRH who is the Bond Issuer for Ives 2 project. FRH has also requested and received assignments of 2023 and 2022 PAB cap from Golden and Jefferson County in an effort to continue supporting other affordable housing needs of our jurisdiction. Additionally, FRH routinely contributes over a million dollars towards its redevelopments by deferring developer fees and land carryback loans as construction capital sources. FRH is authorized under the relevant statutes, cited in the attached Assignment Resolution, to issue housing revenue bonds as private activity bonds for this or other (third party) qualifying “projects” within the statutory definition and FRH agrees to pay all legal costs and meet all requirements of state and federal statutes related to this assignment and any subsequent carryforward. FRH agrees to handle the issuance, assignment, and carryforward of any excess bond cap not utilized in a timely manner to finance this project by assigning it to other qualifying projects with a sequential preference for affordable FRH portfolio projects (several rehab or infill projects are currently under consideration within FRH’s affordable portfolio), City of Wheat Ridge affordable projects, Jefferson County affordable projects, and finally Colorado affordable projects. We look forward to the opportunity to present this request to Wheat Ridge City Council. Sincerely, Amy Case Deputy Chief Executive Officer ITEM NO: 2 DATE: July 08, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2024 – AN ORDINANCE AMENDING CHAPTERS 1 AND 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ACCEPTANCE OF ELECTRONIC SIGNATURES PUBLIC HEARING ORDINANCES FOR 1ST READING (07/08/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (07/22/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ City Attorney City Manager ISSUE: The City’s current Code of Laws does not address the use and acceptance of electronic signatures for summonses issued by the Wheat Ridge Police Department (WRPD). However, the WRPD is planning to implement the use of electronic summonses by August 2024. To match those practices of the WRPD, the enclosed ordinance amends current regulations to allow the Municipal Court to accept electronic signatures for all types of summonses issued by the WRPD. PRIOR ACTION: This ordinance is the first time the City has addressed electronic signatures for summonses. FINANCIAL IMPACT: None BACKGROUND: The City’s regulation on the manner of signatures have remained unchanged. Recently, the Wheat Ridge Police Department (WRPD) has notified the Municipal Court that they will commence the use of electronic summonses, and thereby electronic signatures starting August 2024. The CAF – Electronic Signatures July 8, 2024 Page 2 Municipal Court Clerk has requested an Ordinance be prepared authorizing the acceptance of electronic signatures for all types of summonses issued by the WRPD. RECOMMENDED MOTION: “I move to approve Council Bill No. 12-2024, an ordinance amending Chapters 1 and 13 of the Wheat Ridge Code of Laws concerning the acceptance of electronic signatures on first reading, order it published, 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. Or, “I move to postpone indefinitely Council Bill No. 12-2024 , an ordinance amending Chapters 1 and 13 of the Wheat Ridge Code of Laws concerning the acceptance of electronic signatures for the following reason(s) ____________________________.” REPORT PREPARED/REVIEWD BY: Gerald Dahl, City Attorney Kyla Garcia, Law Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 12-2024 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___________ COUNCIL BILL NO. 12 ORDINANCE NO. 1797 Series 2024 TITLE: AN ORDINANCE AMENDING CHAPTERS 1 AND 13 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ACCEPTANCE OF ELECTRONIC SIGNATURES WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-201(1)(h), the City is empowered to authorize the use of electronic signatures; and WHEREAS, the Wheat Ridge Police Department plans to issue electronic summonses to ensure more efficient enforcement procedures; and WHEREAS, the City Council desires to amend the Wheat Ridge Code of Laws to grant the ability to issue same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 1-2 of the Wheat Ridge Code of Laws, concerning definitions and rules of construction, is amended by the revision of one existing definition to read as follows: Sec. 1-2.- Definitions and rules of construction. In the construction of this Code and of all ordinances and regulations of the city, the following definitions and rules of construction shall be observed, unless it shall be otherwise expressly provided in any section, ordinance or regulation, or unless inconsistent with the manifest intent of the city council, or unless the context clearly requires otherwise: Signature. Where the written signature of any person is required, the proper handwriting of such person or,THEIR his mark, OR ELECTRONIC SIGNATURE shall be intended... Section 2. Section 1-6 of the Wheat Ridge Code of Laws, concerning the issuance of summons and complaints, is amended to read as follows: Sec. 1-6.- Issuance of summons or complaint to violators; continuing violations. ATTACHMENT 1 Any person who is alleged to have violated any provision of this Code or other ordinances of the city shall be issued a summons and complaint, either in electronic or physical form, charging the nature of the violation and shall be ordered to appear before the municipal court at a stated date, time, and place, or in the office of the court clerk of the municipal court at a stated date and time or within a stated period of time after service of such summons and complaint. THE MUNICIPAL COURT SHALL ACCEPT ALL SUMMONSES AUTHORIZED BY EITHER A WRITTEN SIGNATURE OR THE PERSONS’ MARK, OR ELECTRONIC SIGNATURE. Each day that a violation of this Code or any other ordinance of the city shall continue shall constitute a separate offense. Section 3. Section 13-2 of the Wheat Ridge Code of Laws, concerning the 2010 Model Traffic Code, is amended by the addition of a new Subsection 13-2(b)(19) to read as follows: Sec. 13-2.- Model Traffic Code. (a) … (b) Amendments. The 2010 Model Traffic Code is subject to the following additions or modifications: (1) Section 235, reserved, is hereby amended to read in its entirety as follows: "235. Minimum standards for commercial vehicles – spot inspections. (1) A police officer or sheriff's officer may, at any time, require the driver of any commercial vehicle, as defined in section 42-4-235, C.R.S., to stop so that the officer or deputy may inspect the vehicle and all required documents for compliance with the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles." (2) A police officer or sheriff's officer may immobilize, impound, or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or operation thereof is unsafe and when such immobilization, impoundment, or disposition is appropriate under the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles." (3) Any person, as defined in section 42-1-102(69), C.R.S., who violates subsection (1) of this section commits a traffic offense."... (19) PART 17, CONCERNING PENALTIES AND PROCEDURE, IS HEREBY AMENDED BY THE ADDITION OF A NEW SECTION 1719 TO READ IN ITS ENTIRETY AS FOLLOWS: “1719. ELECTRONIC TRANSMISSION OF DATA – STANDARD. (1) A MUNICIPAL COURT, COUNTY COURT, DISTRICT COURT, OR ANY COURT WITH JURISDICTION OVER VIOLATIONS OF TRAFFIC RULES AND LAWS SHALL NOT DISMISS ANY CHARGES OR REFUSE TO ENFORCE ANY TRAFFIC LAW OR RULE SOLELY BECAUSE A PENALTY ASSESSMENT NOTICE OR SUMMONS AND COMPLAINT ISSUED PURSUANT TO THE STANDARDS ESTABLISHED IN THIS SECTION IS IN ELECTRONIC FORM OR CONTAINS AN ELECTRONIC SIGNATURE.”... Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 8th day of July 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. 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, Senior Deputy City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: July 9, 2024 Second Publication: July 23, 2024 Effective Date: August 7, 2024 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 3 DATE: July 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: A MOTION APPROVING A CONTRACT AMENDMENT WITH ARCHITERRA GROUP FOR CONSTRUCTION SUPPORT SERVICES FOR THE GREEN AT 38TH PROJECT IN THE AMOUNT OF $111,855 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 Architerra Group was hired by the city in July 2022 to prepare final design documents for The Green at 38th project. Since that time, city staff and members of Architerra Group have worked extensively with the Jefferson County School District and other stakeholders to develop two phases to the project in order to minimize impacts to the adjacent school, Stevens Elementary. Phase I, the parking lot project, is currently underway and Phase II, the park site, is scheduled to begin construction in August 2024. A contract amendment with the Architerra Group, in the amount of $111,855, is being requested to provide coordination, support and assistance during the construction phase. PRIOR ACTION: • Architerra Group was hired in August 2018 to develop conceptual designs for the project. • City Council approved a contract with Architerra Group for final design of the project on July 25, 2022 • A contract was awarded to ECI Site Construction Management, Inc. on March 25, 2024, for construction of Phase 1, Stevens Elementary parking lot. Council Action Form – Amendment to Architerra Group Contract for The Green at 38th Project July 8, 2024 Page 2 FINANCIAL IMPACT A summary of the design costs and proposed, additional costs is provided below: Item Amount Conceptual designs & 30%-complete design $94,638 Final design & coordination $399,909 Amendments for additional design services $70,080 Construction support services $111,855 Total $581,844 This contract amendment will increase the total contract amount to $581,844. BACKGROUND: The 38th Avenue Streetscape project is a strategic element of the City Council’s priority to create a public gathering space on the City’s main street in the heart of downtown. Work on Phase I began in late-May 2024 and will be substantially complete before school starts in mid-August. A contract for Phase II is being developed and will be brought before City Council soon. Construction of this phase is anticipated to begin in September 2024 and be completed in late 2025. Architerra Group will support city staff in managing this project by providing: • Subcontractor coordination and oversight • Construction meetings and coordination • Reserving trees with nurseries, and • Punch list activities for both phases of construction. RECOMMENDATIONS: Staff recommends that the City Council approve, by motion, a contract amendment with Architerra Group in the amount of $111,855 for construction support services. RECOMMENDED MOTION: “I move to approve a contract amendment with Architerra Group for construction support services for the Green at 38th Project in the amount of $111,855.” or, “I move to not approve a contract amendment with Architerra Group for construction support services for the Green at 38th Project, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks and Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Architerra Group Contract Amendment CITY OF WHEAT RIDGE AMENDMENT TO Contract #22-0631 The Green at 38th Final D&E Services AMENDMENT #7, Date: June 18, 2024 Pursuant to the original contract with Architerra Group, 5881 S. Deframe St., Littleton, CO 80127, regarding final design and engineering services for the Green at 38th project, the City hereby authorizes the amendment to the contract as follows: 1.Article 1- Scope of Work: a.Moving into the Construction Phase of the project, Architerra is requesting the following additions: i.Subcontractor coordination and oversightii.Additional pre-construction coordination iii.Construction meetings and coordinationiv.Reserving trees with nurseries v.Punch List Activities for the Parking Lot and the Green at 38th 2.Article 2- Term a.This is a continuation of ongoing work; the overall project timeline is not impacted. 3.Article 3- Compensation: a.The additional effort will not exceed a cost of $111,855.b.The new project not to exceed total is: $581,844.00 Each party has reviewed the items contained within this amendment and recommend executing this amendment to proceed with the agreed upon Statement of Work. ________________________________________ ____________ Whitney Mugford-Smith, Procurement Manager Date ________________________________________ ____________ Karen O’Donnell, Director of Parks & Recreation Date ________________________________________ ____________ Patrick Goff, City Manager Date ATTACHMENT 1 In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials, this Amendment in two (2) copies, each of which shall be deemed an original on the date first written. “CITY” “CONTRACTOR” City of Wheat Ridge Architerra Group 7500 West 29th Avenue 5881 S. Deframe St. Wheat Ridge, CO 80033 Littleton, CO 80127 By: By: ________________________________ ___________________________ Bud Starker, Mayor Authorized Signature ________________________________ ___________________________ Date Date ___________________________ Title ___________________________ Print or Type Name TASK Principal Landscape Expenses/TOTAL Personnel Proj. Man.Architect Subs Hourly Rate $165/hr $85/hr Construction Administration Attend pre-construction meeting (Stevens Parking Lot) 2 2 Attend pre-construction meeting (Green at 38th) 2 2 Review submittals 16 40 Review payment applications 8 20 Respond to RFIs 20 50 Attend weekly construction meetings (assumes 52) 55 110 Attend site visits (assumes 52)40 110 Prepare and distribute field reports 16 60 Tag trees at nursery 16 Architecture CA services (Tomecek Studios) $10,920.00 Electrical engineering CA services (Ackerman Engineering) $2,400.00 Civil engineering CA services (RESPEC) $9,075.00 Structural engineering CA services (Otegui Structural Services) $1,475.00 Traffic engineering CA services (ACL) $1,940.00 Mechanical engineering CA services (RJA) $1,160.00 As-built survey to verify detention improvements (Bailey Professional Services) $2,500.00 Attend substantial completion walk-through (Stevens parking lot) 2 2 Prepare and distribute punch list (Stevens parking lot) 1 Attend final completion walk through (Stevens parking lot) 1 Attend substantial completion walk-through (Green at 38th) 4 4 Prepare and distribute punch list (Green at 38th) 1 3 Prepare as-built drawings 8 24 Attend final completion walk through (Green at 38th) 2 2 Miscellaneous project management, coordination, and expenses 40 50 $4,500.00 TOTAL HOURS 216 497 TOTAL DOLLAR AMOUNT $35,640.00 $42,245.00 $33,970.00 $111,855.00 Assumptions: - Construction duration is estimated to be approximately 12 months. - See attached proposals from subconsultants. - Weekly construction meeting notes to be prepared by contractor. Green at 38th Task and Fee Estimate June 13, 2024 City of Wheat Ridge 32 2 2 T e j o n S t r e e t , U n i t C De n v e r , C O 8 0 2 1 1 | 3 0 3 . 9 5 5 . 0 5 6 2 | w w w . t o m e c e k s t u d i o . c o m 32 2 2 T e j o n S t r e e t , U n i t C De n v e r , C O 8 0 2 1 1 | 3 0 3 . 9 5 5 . 0 5 6 2 | w w w . t o m e c e k s t u d i o . c o m : • • • 32 2 2 T e j o n S t r e e t , U n i t C De n v e r , C O 8 0 2 1 1 | 3 0 3 . 9 5 5 . 0 5 6 2 | w w w . t o m e c e k s t u d i o . c o m 32 2 2 T e j o n S t r e e t , U n i t C De n v e r , C O 8 0 2 1 1 | 3 0 3 . 9 5 5 . 0 5 6 2 | w w w . t o m e c e k s t u d i o . c o m 32 2 2 T e j o n S t r e e t , U n i t C De n v e r , C O 8 0 2 1 1 | 3 0 3 . 9 5 5 . 0 5 6 2 | w w w . t o m e c e k s t u d i o . c o m 32 2 2 T e j o n S t r e e t , U n i t C De n v e r , C O 8 0 2 1 1 | 3 0 3 . 9 5 5 . 0 5 6 2 | w w w . t o m e c e k s t u d i o . c o m □□ ackerman engineering, inc. 3000 Youngfield Street, Suite 264, Wheat Ridge, Colorado 80215 Phone 303-278-7297 / www.aeiconsulting.com G:\Projects\220068 The Green at 38th\Contract\aei The Green at 38th AS1 (2024-05-17).docx May 17, 2024 Mark Taylor, PLA, ASLA The Architerra Group 5881 South Deframe St Littleton, CO 80127 Re: The Green at 38th Electrical Engineering Add Services for Construction Contract Administration Dear Mark: It is our understanding that the Owner and Client would like us to provide support for Construction Contract Administration Services. We feel that these changes represent engineering services beyond the scope of our original contract and are requesting additional fees associated with the changes. These additional services include the following: Scope of Additional Services: AEI will provide construction contract administration services for both the Stevens Elementary School parking lot lighting replacement scope as well as for the civic park. Construction contract administration services will include pre-construction meeting with project contractor(s review shop drawing submittals, respond to contractor requests for information, prepare supplemental instructions, conduct observations (2 for Stevens Parking Lot, and 2 for the Civic Park) and review the electrical portions of the project record documents provided by the contractor. AEI's Fee for Additional Services: The fee for services described in the Scope of Additional Services above will be on a lump sum basis as indicated below, which includes project related expenses. Project Scope Services #1 – Steven’s Parking Lot Base Contract Not to Exceed Fee $ 3,850.00 Previous Modifications $ 0.00 This Modification Add Service 01 – CA Services $ 900.00 Total $ 4,750.00 Project Scope Services #2 – Civic Park Base Contract Not to Exceed Fee $ 9,300.00 Previous Modifications $ 0.00 This Modification Add Service 01 – CA Services $ 1,500.00 Total $ 10,800.00 Project Related Expenses: Project related expenses include mileage to and from the project site, long- distance telephone calls, facsimile transmissions, delivery charges, printing of drawings and specifications for project coordination, and printing of up to four sets of final documents for bid and permit. Terms and Conditions: Upon acceptance, this change request shall become a binding part of our original contract dated June 22, 2022. To show acceptance of this proposed contract, please sign and return a copy of this letter to us. We appreciate this opportunity to provide you with our professional services. Very truly yours, ackerman engineering, inc. The Architerra Group Helen Reschl, MIES, LEED AP – Vice President Mark Taylor, PLA, ASLA Task No. Task Description PM PE CAD Total RE S P E C Di r e c t E x p e n s e s Total Costs Hourly Rate $225 $140 $95 7 Post Design Services 7.1 Review of Phase 1 Design and Drawings 5 5 $700 $700 7.2 Construction Meetings (5) 3 10 13 $2,075 $80 $2,155 7.3 Drainage Submittal Reviews 2 6 8 $1,290 $1,290 7.4 Review/Respond to Drainage RFIs (2) 8 8 $1,120 $1,120 7.5 On-Site Observation and Reporting (3) 12 12 $1,680 $50 $1,730 7.6 As-Built Construction Drawings 4 16 20 $2,080 $2,080 5 45 16 66 $8,945 $130 $9,075 RESPEC Total 5 41 16 64 $8,945 $130 $9,075 Tasks: 7.1 This task is for review of previously completed design for Phase 1 of project 7.2 This task is for attending construction meetings 7.3 This task is for review of material submittals for GESC, review of submittals for drainage pipe, and review of outlet structure/WQ submittals 7.4 This task is for reviewing and responding to contractor RFIs regarding drainage and GESC items 7.5 7.6 Assumptions: 1 Construction services will include both Phase 1 and Phase 2 of the Green @ 38th project 2 No post bid design updates are included 3 Day-to-day inspection and construction management to be provided by others 4 RESPEC will use as-built survey by others to create record as-built drawings 5 A report of each site visit will be completed and submitted to Architerra/Wheat Ridge 6 Construction meetings are assumed to be on-site This task is for on-site work required and follow up reporting This task is for as-built drawings of post-construction storm sewer and outlet structure/WQ details Green at 38th Improvements, Wheat Ridge, CO Amendment 2 Task 7 - Total RESPEC Company, Inc.5/30/2024 May 29, 2024 Mark Taylor The Architerra Group 5881 South Deframe St. Littleton, CO 80127 Proposal for Engineering Services Project Name: The Green at 38th Location: City of Wheatridge Dear Mark: This letter is in response to a request for a construction phase engineering proposal for the above‐referenced project. Project Description The project consists of providing construction phase engineering review for the above referenced project. Proposed Scope of Services This Contract is based on the following services: 1. Provide shop drawing review of the structural elements of the project including the pavilion and stage. 2. Provide (3) site visits to observe progress of the structural framing of pavilion and shade building. 3. Answer RFI’s that pertain to structural issues. Otegui Structural Services, LLC 8842 West Powers Place Littleton, CO 80123 Phone: 720‐981‐5333 The Green at 38th May 29, 2024 Page 2/2 Proposed Service Fee We Propose a lump sum fee for engineering services as follows: Site visits (assume 3): …….…………………………………………………………….………..$712 Shop Drawing review and RFI responses (assume 8 hours)………………………….$760 Total $1,472 This fee is based on drawings received on May 29, 2024. Major changes in the scope or complexity of the project from that received on May 29, 2024, will require a re‐evaluation of the fee, or charged at the hourly rate listed below. Client will be contacted immediately if fee is expected to change. Additional production services such as plotting, photocopying, printing, travel, and messenger services shall be charged at cost. Specifically excluded from this Contract are: Civil and Site Engineering, Geotechnical Engineering and Testing, Special Inspections and Materials Testing, and periodic Construction Observations not specifically described in the Scope of Services. Hourly Rate Schedule The hourly rates for our services are as follows: Registered Engineer $95.00/hour Thank you for giving Otegui Structural Services, LLC the opportunity to serve you. Please sign this Proposal and return so we may send you our Standard Contract and begin work. Sincerely: Signed:_________________________ Date:__________________________ For: Architerra Michael A. Otegui, P.E. Otegui Structural Services, LLC Date e‐mailed: 5/29/24 16039 ACL Sr. PM CADD / Des Mgr Krook Mills $171.00 $115.00 Task 1 Design Services during Construction 1.1 Monthly Invoices and Progress Reports 1 1 171.00$ 171.00$ 1.2 Meetings -$ -$ Field Visit 3 3 513.00$ 513.00$ Coordination Meetings 3 3 513.00$ 513.00$ 1.3 Design Clarifications and Revisions 3 2 5 743.00$ 743.00$ 10 2 12 1,940.00 1,940.00$ 10 2 12 1,940.00$ 1,940.00$ Project Totals Scope Date: May 28, 202438th/High Ct Signal Cabinet Relocation CA Services Task Task Description Total Task 1 Total Hours Labor Cost ACL, Inc. Labor Summary Total Cost 5/28/2024 11:36 AM Page 1 of 1 38th-High Ct Fee-CA Page 1 of 1 Initial here: ______ This is an AMENDMENT for Professional Engineering services to be furnished by Ramirez, Johnson and Associates, LLC, 3301 Lawrence St. Suite 2, Denver, CO 80205 (hereinafter referred to as RJA), to The Architerra Group, 5881 S. Deframe St., Littleton, CO (hereinafter referred to as Contracting Party) in accordance with the terms and conditions previously agreed to for Green at 38th , RJA #22.165. The term Owner in this agreement refers to the Contracting Party’s client. Article I. General A. In providing services under this Amendment, RJA will endeavor to perform in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. B. All terms, conditions, articles, exclusions, previous amendments made to the contract remain in full effect unless specifically amended below. Article II. Description of Additional Services A. Provide additional engineering services related to the Construction Administration portion of the project. 1. Provide up to (2) construction site visits with observation reports. Article III. Proposed Additional Compensation: A. Proposed Additional Services, not including reimbursable expenses, will be hourly not to exceed One Thousand One-Hundred Sixty Dollars ($1,160.00). B. To be valid, this proposal should be signed and returned within 60 days from the date shown below. C. A legible photocopy, scanned original or faxed copy of this signed proposal will be as valid as the original document and will be required in order for RJA to begin work. Proposed by: Accepted By: Ramirez, Johnson, and Associates, LLC Contracting Party: ___________________________ Signature: _____________________________ Name: Darin Ramirez Printed Name: _____________________________ Date: 2024-05-21 Title: _____________________________ Date: _____________________________ ITEM NO: 4 DATE: July 8, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 34-2024 – A RESOLUTION AMENDING THE 2024 HOUSING FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF FUNDING AN INCLUSIONARY HOUSING ECONOMIC ANALYSIS PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _________________________________ ______________________________ Director of Community Development City Manager ISSUE: Staff is in the process of procuring a consultant to complete an economic analysis of the impact of an inclusionary housing ordinance. The 2024 Housing Fund Budget currently includes $20,000 for this task. Upon reaching out to four qualified consultants, two have since replied that the budget of $20,000 is not adequate to complete the analysis. Therefore, staff is requesting a supplemental budget appropriation in the amount of $20,000 from the Housing Fund Budget undesignated reserves to fund these professional services. PRIOR ACTION: At its June 3, 2024, study session, City Council directed staff to proceed with hiring a consultant to complete the financial analysis necessary for the inclusionary zoning ordinance. FINANCIAL IMPACT: Undesignated reserves within the 2024 Housing Fund will be reduced by $20,000 in order to increase the budget for the economic analysis. Up to $40,000 will be paid out (through the 2024 Professional Services account) for the economic analysis. Council Action Form – Housing Fund Supplemental July 8, 2024 Page 2 BACKGROUND: At the June 3, 2024, City Council study session, staff presented an overview of options for an inclusionary housing ordinance and recommended hiring a consultant to evaluate the potential impacts of an inclusionary zoning. Council concurred that an economic analysis should be performed prior to continuation with the inclusionary housing ordinance. The economic analysis is intended to quantify the percentage of units required in an inclusionary housing ordinance and the amount of an optional fee structure which would result in the most neutral impact to residential development. Consultant services are paid from the Professional Services fund (45-101-700-750); however, there is only $20,000 in that fund, which is not adequate to hire a quality consultant to complete the analysis. There are undesignated reserves within the Housing Fund of $20,000 that could be transferred to the Professional Services account, which would bring the total for the analysis to $40,000. Staff believes $40,000 would be adequate to complete the analysis and that the Housing Fund is the most appropriate account to transfer the funds from. RECOMMENDATIONS: Staff recommends the approval of this resolution to properly fund the economic impact analysis of implementing an inclusionary housing ordinance. RECOMMENDED MOTION: “I move to approve Resolution No. 34-2024, a resolution amending the 2024 Housing Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of funding an inclusionary housing economic analysis.” Or, “I move to postpone indefinitely Resolution No. 34-2024, a resolution amending the 2024 Housing Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $20,000 for the purpose of funding an inclusionary housing economic analysis for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Terrance Ware, Housing Program Administrator Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 34-2024 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 34 Series of 2024 TITLE: A RESOLUTION AMENDING THE 2024 HOUSING FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $20,000 FOR THE PURPOSE OF FUNDING AN INCLUSIONARY HOUSING ECONOMIC ANALYSIS WHEREAS, the City desires to acquire consulting services to evaluate the impact of affordable housing policies; and WHEREAS, the City Council previously approved the 2024 Housing Fund Budget which included $20,000 for professional services; and WHEREAS, an additional $20,000 if needed to bring the total available funds for professional services to $40,000 to ensure enough funds are available to secure a qualified consultant for the analysis; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution. NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: 1. A transfer of $20,000 from Housing Fund undesignated reserves to account #45-101700-750 is hereby approved. DONE AND RESOLVED this 8th day of July 2024. ________________________________ Bud Starker, Mayor ATTEST: ___________________________________ Margy Greer, Sr. Deputy City Clerk ATTACHMENT 1