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HomeMy WebLinkAbout07-22-2024 City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO July 22, 2024 6:30 pm This meeting will be conducted as a virtual meeting, and in person, at 7500 West 29th Avenue, Municipal Building City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: 1.Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speakupon arrival. 2.Provide comment in advance at www.wheatridgespeaks.org (comment by noon on July 22, 2024) 3.Virtually attend and participate in the meeting through a device or phone: •Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on July 22, 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, July 8, 2024 Study Session Notes, July 15, 2024 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES None PUBLICS’ RIGHT TO SPEAK a.Public may speak on any matter not on the agenda for a maximum of 3 minutesunder Publics’ Right to Speak. Please speak up to be heard when directed bythe 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. Motion to amend a contract with HDR Engineering, Inc. for design support services for the Improve Wadsworth Project, in the amount of $120,000 for a total contract amount of $3,242,924.69 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. 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) 3. 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 ORDINANCES ON FIRST READING 4. Council Bill No. 13-2024 – an ordinance amending Section 26.646.F of the Wheat Ridge Code of Laws, regarding approval of nonconforming Accessory Dwelling Units DECISIONS, RESOLUTIONS, AND MOTIONS 5. Motion to accept the 2023 Financial Statements from CliftonLarsonAllen 6. Resolution 35-2024 – a resolution approving an Amended Intergovernmental Agreement concerning animal sheltering, dog licensing, and funding of the Foothills Animal Shelter 7. Motion to approve appointments to the IDEA Committee 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  July 08, 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, Dan Larson, Amanda Weaver, Janeece Hoppe, Korey Stites, Scott Ohm, and Leah Dozeman. Council Member Rachel Hultin joined virtually on zoom. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck, Director of Public Works Maria D’Andrea; Parks and Recreation Director Karen O’Donnell; and Community Development Director Lauren Mikulak. Other staff, guests and interested members of the public were also present. Attorney Gerald Dahl was present virtually on Zoom. 4. Approval of Minutes City Council Meeting Minutes, June 24, 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 –Park and Recreation Month – Parks and Recreation Director Karen O’Donnell and several of her staff accepted a proclamation in honor of Park and Recreation Month. Director O’Donnell remarked that this year’s theme “Where you Belong” is fitting for Wheat Ridge and invited the community to get involved this month by visiting a park, taking a free special class being held in celebration of this special month. For every park visited in the month of July, visitors can complete a form available online. Director O’Donnell introduced various members of her staff and mentioned special initiatives they work on. 7.Proclamation – Mayor’s Monarch Pledge – Sustainability Coordinator MaryHester joined Mayor Starker at the podium for a proclamation honoring the monarch butterfly. The proclamation called upon residents to get involved in monarch butterfly preservation. Ms. Hester thanked Council and residents for their participation insustainability initiatives in Wheat Ridge and for the continued preservation of pollinators. 8.Public’s Right to Speak Russell Sillman spoke about the 1,000-foot tobacco retail prohibition from youth oriented facilities. He remarked this is a noble cause, but that the law should grandfather the business, not strictly existing owners, to allow existing businesses to continue retailing tobacco when they change hands. Mr. Sillman remarked that this ordinance is ruining people’s lives. He liked this to eminent domain, where people are made whole. Under the current law, this is devasting to the owner’s life because they are not made whole. Wheat Ridge Speaks: No comments from Wheat Ridge Speaks or via Zoom. 9.Consent Agenda None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 10.Resolution No. 33-2024 – 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. This Council Bill was introduced into the Record by Council Member Dozeman. 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. The Mayor opened the public hearing, which was not a quasi-judicial matter. Staff Presentation Mr. Goff introduced Amy Case Miranda, deputy CEO of the Jefferson County Housing Authority who addressed Council. Ms. Case Miranda spoke about the private activity bond cap and that it expires at the end of the year if not assigned. Private activity bonds are an “allowance” per capita to issue tax exempt debt between a public entity (such as the housing authority) and private entity. This is a perfect program for a project such as The Ives for phase II (phase I is now open). Public Comment None Council Comments Council Member Dozeman asked for clarification as to which project this will be assigned to. Ms. Case responded it will be assigned to The Ives (Phase II). Council Member Larson asked for a description of where The Ives’ second phase is in terms of progress. Ms. Case responded that designs are in progress for approximately 79 or 80 units mixed between one, two and three bedrooms. It will range 30-70 percent of the area median income. This phase would likely be three floors on top of parking, although nothing has been through the permitting process yet. Council Member Dozeman made a motion 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. It was seconded by Council Member Ohm. Vote: 8- 0. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON FIRST READING 11. 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. This Council Bill was introduced into the Record by Council Member Hoppe. 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. Council Member Hoppe made a motion 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 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 Stites. Vote: 8-0. The motion carried. DECISIONS, RESOLUTIONS AND MOTIONS 12. MOTION – 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. This Resolution was introduced into the Record by Council Member Ohm. 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 to minimize the 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 Architerra Group, in the amount of $111,855, is being requested to provide coordination, support and assistance during the construction phase. Staff Presentation None Public Comment None Council Comments Mayor mentioned that he saw heavy equipment at Stevens Elementary and asked for an update. City Manager Goff mentioned that work is underway on the parking lot, with the goal to be complete by the start of school and will roll directly into the park project. Council Member Hoppe remarked on how excited she is for this project. Council Member Ohm made a motion to approve 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, seconded by Council Member Hoppe. Vote: 8-0. The motion carried. 13. 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. This Resolution was introduced into the Record by Council Member Snell. 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 supplement budget appropriation in the amount of $20,000 from the Housing Fund Budget undesignated reserves to fund these professional services. Staff Presentation City Manager Goff remarked that Council was briefed on this topic approximately one month ago. Public Comment None. Council Comments Council Member Dozeman asked if the total cost will be $40,000. Community Development Director Lauren Mikulak remarked that it will be more than $20,000 but not more than $40,000. Council Member Hultin asked if any unused funds would go back to the Housing Fund. City Manager Goff confirmed that yes, funds would go back to the fund. Council Member Snell made a motion to approve Resolution 34-2024 – a resolution amending the 2024 Housing 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, seconded by Council Member Stites. Vote: 8-0. The motion carried. CITY MANAGER’S MATTERS None CITY ATTORNEY’S MATTERS None. ELECTED OFFICIALS’ MATTERS Councilor Hultin asked for an update on the Wadsworth Improvement Project. Public Works Director remarked that we are making good progress. Currently, southbound lanes are divided so that the center section north of 44th Avenue can be completed. In late August, we expect to put all northbound traffic onto the new pavement. Sample panels are now going up on the noise wall to test for design and materials. The public have been patient and adaptable. We are preparing for the Carnation Festival to ensure traffic is not impacted. We are currently working to open access to the shopping center at 44th and Vance. Council Member Hultin asked that we open the multiuse trail when northbound traffic shifts to the new pavement. Council Member remarked that Ridgefest was great and commended Localworks and volunteers for a fantastic event. She is happy to celebrate Park and Recreation month. She encouraged everyone to be safe with the heat and walk dogs early in the morning. Council Member Dozeman hoped everyone enjoyed July 4th and that Carnation Festival offers fireworks on Friday and Saturday nights. The festival is August 9, 10 and 11 and there is still time to register for the parade. She gave kudos to Localworks for Ridgefest and noted that this coming Saturday is the first Makerspace mural painting. She gave kudos to the Parks and Recreation team and enjoyed this evening’s proclamation. Council Member Larson acknowledged the hundreds of people that attended Ridgefest and that people were very happy and enthusiastic. Council Member Ohm remarked on the great Ridgefest turnout and thanked the staff at Localworks and Wheat Ridge Police Department. He remarked on the importance of water conservation during this hot weather and to water after 6 p.m. Council Member Weaver thanked everyone who came and walked the goats at the first Goat Parade of the year. The goats are doing their job and eating the grass. She also remarked that Ridgefest was fantastic. Mayor Pro Tem Stites thanked all who participated in the Goat Parade. He remarked that Ridgefest was a lot of fun. He was thrilled to see Let’s Talk and Parks and Recreation booths at the event. He thanked Localworks and the Wheat Ridge Police Department and remarked that it showcased local businesses. Mayor Starker welcomed everyone back after the Independence Day holiday. He appreciated Council Member Weaver for Five Fridges Farm and the goats. He remarked that we have great parks and a great parks department. He thanked Mary Hester for being here and the parks team that support pollinators in our community. This Saturday, Mayor is hosting Coffee with the Mayor at 9 a.m. at Vinolla’s. He announced that the new hospital will open on August 3 with a ribbon cutting on Saturday, July 20 at 8:30 a.m. He asked that everyone drive home safely. ADJOURNED The meeting adjourned at 7:23 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem CITY OF WHEAT RIDGE, COLORADO STUDY SESSION NOTES Hybrid - Virtual Meeting July 15, 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, Rachel Hultin, and Leah Dozeman Also present: City Manager, Patrick Goff; Deputy City Manager Allison Scheck; Assistant City Manager Marianne Schilling; Community Development Director Lauren Mikulak; Management Analyst Cole Haselip; Senior Planner Scott Cutler; Treasurer Chris Miller; and other staff, guests and interested residents. 3. Public’s Right to Speak None. Wheat Ridge Speaks: There were no public comments from Wheat Ridge Speaks. 4. 2025 Budget Requests – Wheat Ridge Business District, Carnation Festival Committee, and Localworks Issue Representatives from Wheat Ridge Business District, Carnation Festival Committee and Localworks have submitted 2025 budget requests for Council’s consideration. Staff requests feedback on the attached proposals with consensus to proceed so that the appropriate levels of funding are included in the 2025 proposed budget if funding allows. Representatives from all three organizations will give brief presentations highlighting achievements and impacts of previous funding levels along with justification for their respective 2025 requests. Wheat Ridge Business District Report Mayor Pro Tem Stites spoke on behalf of the Wheat Ridge Business District. He talked about the grants that have been given to a number of businesses in Wheat Ridge. He noted that the District submits to the City in two invoices. The District is requesting $90,000 in funds in the 2025 Budget. Chelsea Bunker, contractor for the District, joined the call and discussed the various types of grants that are available. She stressed that the criteria include commercial property owners and businesses who have the sign off of the property owner. The board reviews applications and dives into costs, awarding up to a 50% match in the project. Council Comments Council Member Hultin asked how new businesses know about this program. Mayor Pro Tem Stites replied that they reach out to new businesses and conduct mailers. Council Member Hultin also asked if we are targeting outreach to areas of Wheat Ridge that need investment or are negatively impacted due to construction (such as businesses on Wadsworth.) Mayor Pro Tem Stites mentioned that this might require a bylaw change. Council member Hoppe mentioned that this program used to be restricted to 38th Avenue only but then expanded to include the entire City. At that point, the District added the façade program. She asked about how much funding is actually available and not yet committed. Mayor Pro Tem Stites, having not planned to present, was not aware of the number. Council Member Dozeman asked about businesses that are duplicated. Can a business apply multiple times in any year? Is there any kind of waiting period? Mayor Pro Tem Stites responded that if there are duplicates, it is because they are asking for different grants. Chelsea Bunker, contractor for the District joined the call, and mentioned she could look into possible mistakes about duplicates, particularly an example from 2018. Council member Dozeman also stressed that this is a matching program, incentivizing investment in Wheat Ridge. Council Member Larson asked for clarification on the best way to find information on the program (WRBusinessDistrict.org). Council Member Larson also asked about the conditions. Ms. Bunker said that a contract with general conditions is provided for each award and that it is possible a business might need to repay the grant. Council Member Snell asked if pending applications are included in the packet information. Ms. Bunker answered that no, only dispersed grants are included. Council Member Dozeman asked if there are other funding sources other than the City. The answer is no – the City is the only funding source. Consensus was reached to bring the request forward in the 2025 Budget. Carnation Festival Report Treasurer Chris Miller gave a presentation about the Carnation Festival and the $135,000 2025 request. The 2023 attendance was approximately 33,400. Many residents from District IV, Arvada and west Denver. Mr. Miller remarked that much of the revenue is shared and goes back to local business and service groups. Overall, the goal is to break even which is approximately $253,500. Approximately $35,000 is in reserves. The request of $135,000 is approximately 53% of the budget. The City also provides staffing and other infrastructure on top of the Council request. Council Comments Mayor Pro Team Stites asked about sponsorship status. Mr. Miller remarked that sponsorship comprises approximately $25,000 of the revenue. The festival contracts with a company to help with this. Council Member Ohm asked about the security line item (contracted or City.) Mr. Miller remarked that this is private security. Council Member Ohm also asked how the festival committee evaluates success. Mr. Miller mentioned that they consider local businesses that are successful and might want to participate as sponsors or vendors. Council Member Larson remarked he is impressed with the scale of the festival. He asked how was much was appropriated in 2024 – requested $150,000 but were appropriated $125,000. He asked why expenses are reduced this year. Mr. Miller mentioned that the committee is trying to right size the budget to available resources. Council Member Hultin thanked Mr. Miller for the data included in the presentation. She asked if the 53% request is similar to past years. Yes – the budget is similar. Consensus was reached to bring the request forward in the 2025 Budget. Localworks Report Paige Piper, Executive Director and Jeremy Laufer, Board Chair, presented the budget request of $329,700. Ms. Piper described the strategic planning efforts recently undertaken. Localworks is moving out of the growth phase and into a calmer phase of strategic service delivery. There are four pillars, neighborhood, civic engagement, neighborhood revitalization and arts and culture. Ms. Piper reviewed the 2024 work thus far and how the City’s contribution was used. The $329,700 will optimize existing programs including the growth of Live Local (has doubled in size and impact,); add more diverse waste options to TLC Cleanup Days, such as electronics; operate a neighborhood block party library; continue the Business Block Party (Golds in 2023, West 29th in 2024); hold second class of Wheat Ridge 102; continue business corridor support; and continue educational events similar to the Housing Tour. Ms. Piper discussed the financial position of Localworks. In 2022, the City was responsible for 99% of Localworks’ revenue. By 2024, it was responsible for 70% of annual revenue, with 15% in private grants and 15% in public support. Localworks’ reserve has been spent down by 40% with approximately one year of reserve available - $600,000. Council Comments Council Member Hoppe asked about efforts on 38th Avenue. Ms. Piper says the organization plans to dedicate efforts to Ridge and 38, especially with the opening of The Green. Mayor Pro Tem Stites remarked that Ridgefest went very well and asked about plans to utilize both Anderson and The Green. Ms. Piper remarked that they could not do two events with the current budget request. Council Member Larson asked how much of the 2024 budget is capital versus operating for the Clear Creek Makerspace. Approximately $90,000 was capital. Council Member Snell asked about equipment management in the Clear Creek Makerspace. Ms. Piper responded that members can request equipment and the advisory committee monitors requests. A maintenance budget exists to repair equipment. Council Member Dozeman asked if the change in Ridgefest location (from The Green to Anderson Park) resulted in a different audience. 43% of this years’ attendees were from Wheat Ridge and the rest were from surrounding committees. Council Member Ohm remarked that he thinks Localworks has really stepped up to respond to community needs. He asked if Localworks is still adding new components. The answer is yes – examples include the Block Party Library and Business Block Parties. Council Member Hultin remarked on the good use of funds. She reminded her colleagues that we should make sure we use The Green for future events. Consensus was reached to bring the request forward in the 2025 Budget. 5. Community Partners Grant Program Committee 2025 Budget Recommendations Issue The Community Partners Grant Program Committee is presenting its annual funding recommendations and seeking consensus to consider them in the 2025 City Budget. Staff Reports Community Partners Grant Program (CPGP) committee members Stephanie Thanner and Rio O’Neal presented information to Council about the CPGP program. In 2024, the City received 43 grant applications with $524,416 requested for the allocation of $200,000 (approximately 38%). The recommendation is to award funds to 39 different organizations. Council Comments Council Member Dozeman thanked the committee members and asked if there was prioritization of criteria. Ms. Thanner said that there are several metrics that would give higher priority – such as Wheat Ridge residents served. Mr. O’Neal remarked that they considered percentage of operating budget served. Council Member Dozeman further asked about organizations outside of Wheat Ridge and Jeffco and how they serve our community. Ms. Thanner remarked that yes, the committee asked if money is earmarked for Wheat Ridge residents. Council Member Ohm asked how much time the committee spent on this process. Five presentation nights that were 2.5 hours each plus additional meetings. Council Member Hultin asked how we might make this process more efficient and might look at changing the application criteria and process. She asked for support for a study session to further evaluate this program. She would like to see a one-page summary of each grantee and the impact the dollars are having in the community. Council Member Hoppe agrees with Council Member Hultin and asked how we make sure we are dialing into the programs that need support in Wheat ridge. Council Member Larson asked about the application timeline. Cole Haselip said we held an initial webinar meeting in February 2024. We released the application on March 1 which closed on April 26. Applicants presented to the CPGP committee in June and a deliberation followed. Following tonight’s meeting, applicants will be invited to a feedback meeting with staff. Awardees are notified after the budget is adopted. In January, awardees will enter into the contracting process. Funds will be distributed in February 2025 and they will be required to file a final report in January 2026. He remarked he does not support giving to advocacy organizations, but rather to programmatic causes. Council Member Dozeman said that the goal here is to give back to organizations in Wheat Ridge who is giving back to our residents. She remarked that Council should see the one-page report. She asked to what extent organizations might be “double dipping” because they receive funds elsewhere in the organization. For example, one school is receiving $15,000 between two different “clubs” within the school. Ms. Thanner remarked that two Wheat Ridge organizations did not receive funding because they did not appear for their presentation slots. Mr. O’neal remarked that they considered the overlap and/or duplication of services. Council Member Hoppe cautioned against not funding “advocacy” because plenty of local organizations do advocacy and programs. The Mayor thanked the committee members for their time. Consensus was reached to bring the request forward in the 2025 Budget. (Council Member Dozeman not present for the consensus). 6. Lutheran Legacy Campus City-Initiated Rezoning Issue On May 13, 2024, City Council passed Resolution 26-2024 in support of initiating a legislative zone change for the Lutheran Legacy Campus. The legislative zone change will be based on the Lutheran Legacy Campus Master Plan, adopted by City Council on October 25, 2021, through creation of a new mixed use zone district specifically for the campus. Staff Reports Community Development Director Lauren Mikulak shared the history of the process thus far, from initial master planning to today’s discussion about a legislative rezoning. As a reminder, the vision is for a perimeter that serves as a buffer and transition; future development should integrate existing assets; and the central area of the property should be afforded greater flexibility in order to accommodate more space on the outside. The existing hospital is 91 feet. The Charter limits new structures to 35 feet residential and 50 feet commercial. The master plan calls for tapering. Senior Planner Scott Cutler discussed density. The outside of the property includes a low-density overlay which applies to the first row of development of the campus with a 30 feet (2.5 story) limit. The team is proposing a regional approach to open space – at the campus level. Mr. Cutler discussed that existing assets, which include the Blue House, Chapel and TB Tent, are proposed to be included in requirements for integration. Regarding uses, Mr. Cutler expressed that staff are proposing that allowed uses will mirror that of the mixed-use zoning code with proposed limits on auto-oriented uses. Finally, Mr. Cutler mentioned signage and expressed that there is little guide signage from past discussions. Staff is aiming for flexibility without being overly prescriptive. Council Comments 1. Is there consensus on the zoning framework? Council Member Hoppe asked for clarification on the overlay zoning. Ms. Mikulak commented that the details have not yet been figured out (i.e. the depth of lots) and will come through more discussion. Council Member Ohm asked more about maximum heights, that have not yet been determined. Council Member Hultin remarked that in general this is great but would like to contemplate a lower height along 38th Avenue. Mayor asked if the existing road network will remain. Ms. Mikulak noted that yes, the infrastructure that exists will likely suffice and should be maintained privately. Council Member Larson in support of question 1. Unanimous consensus on the zoning framework. 2. Should the framework prohibit auto-oriented uses? Council Member Larson does not support this and remarked that prohibiting auto- oriented uses is short-sighted. Council Member Hultin asked for clarification on what could be included. Mr. Cutler said this includes gas stations, car washes, etc. Council Member Hultin remarked that these types of uses often create noise and light pollution and we should consider that. Consensus provided. Council Member Larson did not concur. 3. Should the developer create a plan to reserve, rehab or reuse existing “assets”? Council Member Larson remarked that providing flexibility here is key and we should allow developers to propose ideas. Unanimous consensus provided. 4. Does Council agree with staff’s approach on signage? Council Member Hultin asked for further clarification on lessons learned. Mr. Cutler remarked that other developments have requires that are too prescriptive too early before final uses were understood. Unanimous consensus provided. 5. Should the code require a mix of uses in Zones 2 and 3 with flexibility? Council Member Hoppe asked for further clarification. Ms. Mikulak remarked that there should be a requirement for mixed use and some flexibility with more research and work to do to be appealing to developers. Mayor asked if government use is considered non-residential. The answer is yes. Council Member Larson affirmed that a number of residents are unhappy about the lack of commercial uses at the Wheat Ridge station development. Mr. Cutler remarked that some communities require a mix of “active” uses; some require percentages which is more prescriptive. Council Member Ohm asked if horizontal or vertical uses matter here. Mr. Cutler remarked it doesn’t matter for this discussion. Unanimous consensus provided. 7. City Charter Update Draft Ordinance 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 Reports Mr. Goff reminded Council that they discussed this topic in June. He stated he was here to get direction on a potential ballot question and a few other items. Mr. Dahl summarized examples of the proposed changes per Council’s earlier direction. He noted that the forthcoming Resolution, Ordinance and full redline of the Charter will be published in full. Council Comments Council Member Hoppe asked if the full red line will be posted in the “Blue Book.” Answer by Mr. Dahl – no. Council Member Hoppe recommended the use of semi colons between each category. Council Member Hultin noted we should retain the language “Colorado legislation.” Unanimous consensus to move forward. 8. Staff Reports Mr. Goff noted there were Wheat Ridge appreciation coins that may be distributed to members of the community. He also noted there was another stormwater pipe failure today on 44th Avenue. It will likely be repaired tomorrow. 9. Council Reports Council Member Hultin noted the passing of Ken Johnstone, former Community Development Director. Council Member Ohm thanked staff for opening up Vance for better business access. He encouraged cyclists and neighbors to be civil. Council Member Larson participated in the Localworks mural project at the Clear Creek Makerspace. He also attended the Jeffco Public Health mobile van which will provide services around the County for immunizations, sexual health, outbreaks and other services. He reminded the community to dispose of litter properly. Council Member Snell reminded the community about the ribbon cutting for “Dancing Pony” near Prospect Park at 4 p.m. on Tuesday, July 16. She noted the great efforts of the Police Department for helping members of the community during the heat. Mayor Starker noted a ribbon cutting at 11 a.m., Tuesday, July 16 for Taco Block. 10. Adjournment Mayor Starker adjourned the meeting at 9:35 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk ________________________________ Korey Stites, Mayor Pro Tem ITEM NO: 1a DATE: July 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AMEND A CONTRACT WITH HDR ENGINEERING, INC. FOR DESIGN SUPPORT SERVICES FOR THE IMPROVE WADSWORTH PROJECT, IN THE AMOUNT OF $120,000 FOR A TOTAL CONTRACT AMOUNT OF $3,242,924.69 PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________________________ ______________________________ Director of Public Works City Manager ISSUE: A contract was previously awarded to HDR Engineering, Inc. for design services during construction and to serve as the Engineer of Record for the Improve Wadsworth project. In July 2023, Council authorized an amendment to HDR’s contract due to adding the additional work between 35th and 41st Avenues, (also referred to as Phase II of construction). Due to the amount of ongoing design-related efforts, additional funding is needed, associated with both Phase I and II. Therefore, an amendment to the contract with HDR, in the amount of $120,000, is requested. PRIOR ACTION: On March 28, 2016, City Council approved a contract with HDR to complete the survey, conceptual (30%) design and plans, and the environmental assessment for the Improve Wadsworth Project. On August 27, 2018, City Council approved a second contract with HDR to complete the preliminary and final design, prepare the construction plans, and obtain necessary state and federal Council Action Form – Improve Wadsworth Project HDR Contract Amendment #2 July 22, 2024 Page 2 approvals. On December 14, 2020, City Council approved an amendment to the HDR contract to repackage the construction plans for Phase I of construction from 41st Avenue to I-70, along with several bid alternatives for streetscape and multimodal facilities between 35th and 41st Avenues. A second amendment to this contract was approved on February 28, 2022, to re-package the construction plans for Phase II of construction between 35th and 41st Avenues. On February 22, 2021, City Council approved a third contract with HDR to serve as the Engineer of Record and provide design assistance during construction for Phase I from 41st Avenue to I-70. On July 10, 2023, Council approved an amendment with HDR as a result of adding the Phase II construction between 35th and 41st Avenues to Concrete Works’ contract. FINANCIAL IMPACT: The proposed amendment for HDR’s services is $120,000 which includes a small amount of contingency. Due to a delay in billing by one of HDR’s sub-consultants, approximately $46,000 of the amended amount has already been expended. There’s currently about $24,000 remaining in the contract that has not been utilized. Therefore, with this amendment, approximately $98,000 will be available for the duration of the construction project. Costs for design support during construction are included in the overall budget for the project. Funding for the Wadsworth project is budgeted in 2024 in the Capital Improvement Program (CIP) budget. The 2024 budget includes adequate funding for this proposed amendment. BACKGROUND: HDR has primarily been providing response and solutions to design-related questions that have arisen during construction. This has been handled both through a formal Request For Information (RFI) process and informally as issues have arisen. HDR’s original design support services contract was prepared before the construction contract was awarded to Concrete Works of Colorado, Inc. and covered the construction assistance that was anticipated for just the Base Bid for Phase I of construction, (work from 41st Avenue to I-70). Due to the addition of the bid alternates as well as the complexity of the project, a significant amount of design assistance was necessary. The design support services contract was exhausted in mid- 2023. The contract was amended in July 2023 and the amount added was expected to allow for design assistance through the end of construction. However, as the work has progressed, additional conflicts related to underground construction, primarily south of 41st Avenue, have resulted in a higher level of expenditure that anticipated. RECOMMENDATION: Staff recommends amending the contract for engineering consulting services to support the Improve Wadsworth project, with HDR Engineering, Inc. in the amount of $120,000. Council Action Form – Improve Wadsworth Project HDR Contract Amendment #2 July 22, 2024 Page 3 RECOMMENDED MOTION: “I move to amend the design support services contract with HDR Engineering, Inc. for the Improve Wadsworth Project in the amount of $120,000 for a total project cost of $3,242,924.69.” Or, “I move to deny amending the design support contract with HDR Engineering, Inc. for the following reason(s): _____________________________________________.” REPORT PREPARED/REVIEWED BY: Mark Westberg, Project Manager Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. HDR Additional Scope of Work 2. HDR Additional Fees SCOPE OF WORK WADSWORTH BLVD WIDENING April 2, 2024 DSDC – CONTINUATION PART II 1 SECTION 1: PROJECT SPECIFIC INFORMATION PROJECT BACKGROUND The City of Wheat Ridge (City) has been working for several years to improve SH 121 / Wadsworth Boulevard. The intent of the project is to reconstruct the street to a 6-lane section, provide better multimodal facilities, and provide enhanced amenity zones along the corridor. This work is underway and includes Phase I and Phase II of the project (35th Avenue to I-70). The purpose of this scope of work is for the Consultant team to continue to support the City and its Contractor through Design Services During Construction for the remaining project elements not yet constructed. HDR and its subconsultants (Consultant) will provide the work described in this document. PROJECT GOALS The goals of this project are to support the City and its Contractor in the construction of Phase I and Phase II of the Wadsworth Widening project from I-70/I-76/Clear Creek to just south of 35th Avenue. PROJECT LIMITS SH 121 from 35th Avenue to I-70/I-76/Clear Creek. PROJECT COST The estimated cost of this project were developed as part of the final plan development. WORK DURATION The time period for the work is estimated to begin in March 2024 and end by Spring 2025. CONSULTANT RESPONSIBILITIES AND DUTIES Project Management Design Services During Construction WORK PRODUCT Project Coordination Meeting Minutes Design Services During Construction Requirements are further described in the sections that follow. This scope of Work requires the use of English Units. ATTACHMENT 1 SCOPE OF WORK WADSWORTH BOULEVARD WIDENING April 2, 2024 DSDC – CONTINUATION PART II 2 SECTION 1: PROJECT MANAGEMENT This task includes work associated with project meetings, coordination with the City and Contractor, monitoring subconsultants, and preparing invoices for the duration of the task order. The Consultant will perform the tasks included in Section 1, unless otherwise stated. A. Project Management 1. Contract Modification and Sub Agreements. The Consultant team will update the contract to continue work. If necessary, the team will modify subconsultant agreements and manage the subconsultants. 2. Invoicing. The Consultant will prepare a monthly invoice including a progress report outlining work undertaken within the previous period. B. Coordination. The Consultant is responsible for coordinating the required work with the City, the City’s representatives, the Contractor, the Consultant team, and subconsultants. The coordination will include weekly progress meetings with the City and the City representatives. Beginning in May 2024, it is assumed that the progress meetings will occur bi-weekly through the duration of the project. C. Quality Assurance/Quality Control. The Consultant is responsible for adhering to the QA/QC process throughout the project. – END SECTION 1 – SCOPE OF WORK WADSWORTH BOULEVARD WIDENING April 2, 2024 DSDC – CONTINUATION PART II 3 SECTION 2: DESIGN SERVICES DURING CONSTRUCTION This task includes work required to support the City of Wheat Ridge with design services during construction for work included in the remainder of the construction activities. The review of submittals and shop drawings shall be done by a licensed professional engineer who is acceptable to the City of Wheat Ridge PM. The Consultant shall review the construction contractor’s shop drawings and working drawings for conformance and compliance with the contract documents, the provisions of the current “Standard Specifications for Road and Bridge Construction”, and with the time frames shown in the CDOT specifications in conjunction with the contract work. Costs associated with redesign efforts arising from Non-Conforming construction work are not included in this scope. The Consultant assumes those issues will be addressed on a case-by-case basis with the City of Wheat Ridge. The Consultant will perform the tasks included in Section 2, unless otherwise stated. A. Design Services During Construction for Project Continuation 1. Submittal Review a. Shop drawings. The Consultant will review shop drawings with the following assumptions: i. Cast-in-Place Wall at Johnson Park (1 total) ii. Cast-in-Place Wall at Schitter property (1 total) iii. Inlets and manholes, as needed iv. Traffic signal equipment, as needed v. Irrigation equipment, as needed vi. Lighting equipment, as needed 2. Requests for Information (RFIs) a. Requests for Information (RFIs). The Consultant assumes forty (40) RFI responses will be required for the remainder of the project. 3. Miscellaneous requests or design changes a. Miscellaneous Requests or Design Changes. The Consultant assumes the City and its Contractor may request design changes or design input for the following elements: i. Driveway locations/configurations (Assumed 5 requests) ii. Storm laterals and their related MHs and inlets (Assumed 5 modifications of the design) iii. Public art in the medians, exhibits and engineering input as needed iv. Pedestrian signal at 47th, exhibits and engineering input as needed v. Exhibits for property owners, as needed vi. Landscaping changes, as requested vii. Coordination with City for Johnson Park upgrades viii. Responding to individual property owner questions/requests, as needed SCOPE OF WORK WADSWORTH BOULEVARD WIDENING April 2, 2024 DSDC – CONTINUATION PART II 4 4. Contractor Coordination a. Soil nail wall at Johnson Park. The Consultant assumes that the City, City representatives, and Contractor will request coordination with the installation of the soil nail wall near Johnson Park. Additionally, two (2) site visits will be requested through construction. 5. Pond Certification a. Pond Certification. The Consultant will provide pond certification of the as-constructed water quality pond. The Consultant assumes that the as-constructed survey will be provided by the contractor. This scope of work does not include redesign or reanalysis of the pond if the constructed pond does not meet the as-designed requirements. - END SECTION 2 - Wadsworth Boulevard Widening (35th to I-70) DSDC Continuation Part II Fee Estimate Project Manager III Financial Analyst Project Coordinator I Project Manager III EIT II Project Manager IV Project Manager III Engineer IV Planner II Landscape Architect II Landscape Architect I Project Manager III EIT III 2.5728 Flick, Michael T Starrett, Tiffany R Gray, Melissa Anne Flick, Michael T Rockwell, Hannah Elizabeth Freeman, Darin A Sutton, James P Seyer, John M Baker, Gregory R Freed, Kent Lee Wagner, Aaron J Acosta, Samuel D Barraza, Maria Guadalupe Scope Items 176 28 2 32 30 48 56 16 40 26 20 74 84 632 104,779.66$ SECTION 1 - PROJECT MANAGEMENT 28 28 2 0 0 0 0 0 0 0 0 0 0 58 8,528.86$ A. Project Management 1. Contract management 4 4 2 10 1,342.30$ 2. Invoicing (assumed 24 months)24 24 48 7,186.56$ B. Coordination 1. Weekly/Bi-weekly progress meetings 52 52 9,252.36$ C. Quality Assurance/Quality Control (hours included in other tasks) SECTION 2 - DESIGN SERVICES DURING CONSTRUCTION 96 0 0 32 30 48 56 16 40 26 20 74 84 522 86,998.44$ A. Design Services During Construction for Project Continuation 1. Submittal Review 10 16 8 8 8 16 16 82 14,648.74$ 2. Requests for Information (RFIs)40 16 16 48 16 32 8 40 40 256 44,432.16$ 3. Miscellaneous requests 36 16 30 10 20 10 20 142 19,990.16$ 4. Contractor coordination 8 16 24 5,129.84$ 5. Pond Certification 2 8 8 18 2,797.54$ 176 28 2 32 30 48 56 16 40 26 20 74 84 632 104,779.66$ 31,315.68$ 3,402.28$ 144.54$ 5,693.76$ 2,848.80$ 11,119.20$ 10,634.40$ 2,891.36$ 6,310.40$ 4,869.80$ 1,853.00$ 14,364.88$ 9,331.56$ 104,779.66$ 104,779.66$ Fixed Fee (10%)10,477.97$ 10,477.97$ Facilitied Capital Cost of Money (0.2857%)116.36$ 116.36$ 0.2857% Direct Expenses -$ -$ -$ -$ HDR GRAND TOTAL 115,373.98$ HDR GRAND TOTAL Subconsultants -$ Hydrosystems (Irrigation Design)-$ Lund -$ Professional Pipe Services -$ Toole -$ WSP -$ Yeh (Geotechnical)-$ Cardno -$ Total Design Fee 115,373.98$ Total Design Fee HDR Total PROJECT MANAGEMENT Hours Cost STRUCTURES TRAFFIC DRAINAGELANDSCAPINGROADWAY DESIGN 6/5/2024 ATTACHMENT 2 ITEM NO: 2 DATE: July 22, 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) for 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 are attached. City Council approved this ordinance on first reading on June 24, 2024. A motion was made by Councilmember Larson and seconded by Councilmember Dozeman and was approved by a vote of 7 to 0. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. Fees in the amount of $700 were collected for the review and processing of Case No. WZ-24-06. 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 July 22, 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 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. 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 July 22, 2024 Page 3 As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Section 26-112). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Per City Code, the City Council shall use the criteria in Section 26-112 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff is recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill No. 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 second reading, order it published, and that it take effect 15 days after final publication.” or, “I move to deny 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) for the following reasons: 1. City Council has conducted a proper public hearing meeting all public notice requirements as required by Section 26-109 of the Code of Laws. 2. The requested rezoning does not comply with the criteria for review in Section 26-112.E of the Code of Laws for the reasons expressed in the record and the statements of Councilmembers voting against the application. 3. … 4. …” REPORT PREPARED/REVIEWED BY: Alayna Olivas-Loera, Planner II Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2024 2. Planning Commission Staff Report 3. Draft Planning Commission Meeting Minutes (06/13/24) ATTACHMENT 1 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER LARSON 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 7 to 0 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: _______________________________________ Margy Greer, Sr. Deputy 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 Planning Commission 1 Case No. WZ-24-06 / Confluent Rezone CITY OF WHEAT RIDGE PLANNING DIVISION STAFF REPORT REVIEW DATES: June 13, 2024 (Planning Commission) / July 22, 2024 (City Council) CASE MANAGER: Alayna Olivas-Loera, Planner II CASE NO. & NAME: WZ-24-06 / Confluent Rezone REQUEST: Request for approval of a zone change from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD). LOCATION OF REQUEST: 11910 W. 52nd Avenue APPLICANT / OWNER: Confluent Development, LLC APPROXIMATE AREA: 99,665square feet (2.3 acres) PRESENT ZONING: Industrial-Employment (I-E) COMPREHENSIVE PLAN: Mixed-Use Employment, TOD ENTER INTO RECORD: (X)CASE FILE & PACKET MATERIALS (X)COMPREHENSIVE PLAN (X)ZONING ORDINANCE (X)DIGITAL PRESENTATION Location Map Site ATTACHMENT 2 Planning Commission 2 Case No. WZ-24-06 / Confluent Rezone JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST Confluent Development, LLC has submitted an application requesting approval of a zone change from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) on property located at approximately 11910 W. 52nd Avenue. The zone change is the first step of the process for redevelopment of this site under mixed use zoning. If approved, and prior to any construction, a site plan review will be required to confirm compliance with the city zoning code including the architectural and site design standards embedded in the mixed use zoning regulations. 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. II. EXISTING CONDITIONS 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 Ward Road Station (Exhibit 1, Aerial). 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 (Exhibit 2, Zoning). The properties located immediately across W. 52nd Avenue to the north are within the bounds of unincorporated Jefferson County and contain lower density residential uses. 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. III. 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 on the industrially zoned land south Planning Commission 3 Case No. WZ-24-06 / Confluent Rezone 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 (Exhibit 3, Applicant Letter). The following table compares the existing and proposed zoning for the property, with standards for new development or major additions. Development Standard CURRENT ZONING Industrial-Employment (I-E) PROPOSED ZONING Mixed Use-Commercial TOD (MU-C TOD) Uses Allows for industrial and commercial uses Allows residential, commercial, or mixed use – includes multi-unit and live/work facilities Architectural Standards Architectural and Site Design Manual standards apply Mixed Use standards apply, including high quality architecture, standards related to articulation, variation, and materials Max. Building Height 50’ Mixed Use: 8 stories (118’) Single Use: 6 stories (90’) Max. Lot coverage 85% 90% for mixed use 85% for single use Build-to Area n/a 0-20’ along primary and secondary frontages Setbacks Front / street facing Rear setback Side setbacks 10’ 15’ 5’ per story (west), 10’ (east) n/a 5’ 0’ IV. ZONE CHANGE CRITERIA Staff has provided an analysis of the zone change criteria outlined in Section 26-112.E. The Planning Commission and City Council shall base their decisions in consideration of the extent to which the following criteria have been met: 1. The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The station area has been redeveloping for several years. Redevelopment does impact surrounding neighborhoods; uses that have been longtime fixtures in an area, such as this RV/boat storage yard, are being replaced with higher density residential uses. However, these changes are called for in the City’s adopted plans to support transit investments. Transit areas rely on ridership which cannot be accomplished without denser development. Retail uses rely on rooftops to support businesses. While staff does not disregard the impacts of new development within existing areas, redevelopment also promotes positive outcomes such as opportunities for neighborhood retail and Planning Commission 4 Case No. WZ-24-06 / Confluent Rezone restaurants that benefit the area. New development also results in new sidewalks, more lively streetscapes, and improved infrastructure. The City created the MU-C TOD development standards with regard for the surrounding areas including residential transitions. MU-C TOD zoning is designed specifically for the area between Ridge Road, Ward Road, 52nd Avenue, and Tabor Street. The property is currently underutilized and within an urban renewal area. Under the current zoning, the property could develop into a higher intensity industrial use; however, industrial uses do not provide the resident base needed for a resilient transit center, nor do they bring desired retail uses to the surrounding neighborhoods. The zone change would limit permitted uses to residential and commercial as opposed to the currently permitted industrial, and any new development will require site plan review through which traffic impacts, drainage, and buffering will be analyzed. The MU-C TOD zoning is expected to add value to the subject property and to the surrounding community. The mixed use development standards will support compatibility between future development and existing land uses. This property was part of an area identified by the community in the Let’s Talk, North I-70 blitz report as an opportunity for neighborhood scale retail which the rezone would enable. In addition, design standards for MU-C TOD are stricter than for other zones, including setbacks, landscaping buffers, and architecture. Finally, rezoning this site to MU-C TOD will create a more uniform zoning in the area. Staff concludes that this criterion has been met. 2. Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All responding agencies have indicated they can serve the property. In the event that the current utility capacity is not adequate, the property owner/developer will be responsible for utility upgrades. A building permit will be required for any construction on the property, and fire and building codes are required to be met. Staff concludes that this criterion has been met. 3. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The following documents and policies are to be used as guides when considering zone changes relative to the subject site. NEIGHBORHOOD REVITALIZATION STRATEGY – adopted 2005 – updated 2019 • Identified strategies for the city to become a “community of choice” • Goal for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, increasing the variety of housing stock available, developing Planning Commission 5 Case No. WZ-24-06 / Confluent Rezone employment areas, and targeting underutilized commercial properties for redevelopment. I-70/KIPLING CORRIDOR URBAN RENEWAL PLAN - adopted July 2009 In August of 2009, a new urban renewal plan area was adopted by City Council. The urban renewal plan area includes properties along the I-70 corridor extending north to the northern city limit line, including this parcel. A blight study was conducted with the conclusion that the following items are present in the study area: slum/deteriorated structures, predominance of defective or inadequate street layout, faulty lot layout, deterioration of site or other improvements, inadequate public improvements or utilities. Urban renewal powers include creation of special districts to make public infrastructure improvements, establishment of sales tax increment areas and acquisition of property including the use of powers of eminent domain. The plan establishes objectives with respect to appropriate land uses, public and private investments in concert with the goals and objectives of the Comprehensive Plan. This property is designated “employment/TOD mixed use” on the urban renewal concept plan. In 2009, a ballot initiative was approved by voters in a City election for removal of the charter height and density restrictions for most of the urban renewal areas in the city, which applies to this property. Urban renewal bond funds contributed to the recent public investment that was made near the station area to promote a more walkable transit-oriented neighborhood. COMPREHENSIVE PLAN: Envision Wheat Ridge – adopted October 2009 The property is shown as being a mixed-use employment center close to the City’s TOD site (Exhibit 4, Comprehensive Plan). The intent of the employment/commercial center is to revitalize underutilized areas in the city with proximity to the city’s TOD site. The following are attributes of this designation: • Should have a mix of uses centered around the commuter rail station • Uses should include commercial and retail services and multi-unit housing • Pedestrian–friendly setting • Can be a higher intensity than areas to the east and south of I-70 • Should be designed with landscaping, high quality urban design and architecture, and incorporate green space NORTHWEST SUBAREA PLAN – adopted 2006 – updated 2013 • The Northwest Subarea Plan also indicates the subject parcel to be within the area designated Mixed Use TOD (Exhibit 5, Northwest Subarea Plan) which calls for “higher density, mid-rise building such as apartments, condos, and multi-story office development, preferably with retail uses at the ground floor.” • Encourages bike and pedestrian connections and amenities. • Recognizes that the area north of the tracks will include residential uses, with the area south of the tracks being more employment focused. Planning Commission 6 Case No. WZ-24-06 / Confluent Rezone Staff concludes that this criterion has been met. b. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff has not found any evidence of an error with the current I-E zoning designation as it appears on the City zoning maps. Staff concludes that this criterion is not applicable. c. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The northwestern portion of the City has been established as a transit-oriented redevelopment that coincides with the commuter railway station. Several residential projects have been completed over the last decade and infrastructure in the area has been upgraded. Underutilized land, an inadequate street network system, and blight in this general area led City Council and Renewal Wheat Ridge to adopt both the Northwest Subarea Plan and the I- 70/Kipling Urban Renewal Plan. All guiding documents specify that this property is appropriate for mixed use transit-oriented development, the creation of an employment center, and housing supporting the TOD use. Staff concludes that this criterion has been met. d. The proposed rezoning is necessary in order to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. At the time of the adoption of Envision Wheat Ridge, the City did contemplate a commuter rail station in this area. The rezoning is in furtherance of anticipated development within the TOD area that could not be accomplished under the current zoning. Staff concludes that this criterion has been met. Staff concludes that the criteria used to evaluate zone change support this request. V. PUBLIC NOTICING Prior to submittal of an application for a zone change, the applicant is required to hold a neighborhood input meeting in accordance with the requirements of Section 26-109. A meeting for neighborhood input was held on April 3, 2024. This meeting was advertised and conducted as a virtual meeting on Zoom. Nineteen members of the public attended the virtual meeting in addition to the applicant and staff (Exhibit 6, Neighborhood Meeting Summary). Planning Commission 7 Case No. WZ-24-06 / Confluent Rezone As of the date of distribution of this staff report, the City has not received comments from surrounding property owners. VI. AGENCY REFERRAL All affected service agencies were contacted for comment on the zone change request and regarding the ability to serve the property. Specific referral responses follow: Wheat Ridge Engineering Division: No comments. Wheat Ridge Economic Development: No comments. Arvada Fire: No comments. Xcel Energy: No objections to rezone. Any future development would be referred to the district for review and approval. Century Link: No objections. Comcast Cable: No comments. Valley Water District: No objections to rezone. Any future development would be referred to the district for review and approval. Fruitdale Sanitation District: No objections to rezone. Any future development would be referred to the district for review and approval. VII. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed zone change promotes the health, safety and general welfare of the community and will not result in a significant adverse effect on the surrounding area. Staff further concludes that utility infrastructure adequately serves the property, and the applicant will be responsible for upgrades, if needed, in the future. Finally, staff concludes that the zone change is consistent with the goals and objectives of the adopted plans, policies, and goals of the city. Because the zone change evaluation criteria support the zone change request, staff recommends approval of Case No. WZ-24-06. VIII. SUGGESTED MOTIONS Option A: “I move to recommend APPROVAL of Case No. WZ-24-06, a request for approval of a zone change from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) for property located at 11910 W. 52nd Avenue, for the following reasons: 1. The proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. Planning Commission 8 Case No. WZ-24-06 / Confluent Rezone 3. The proposed zone change is consistent with the goals and objectives of the City’s adopted plans and policies. 4. The zone change will provide additional opportunity for reinvestment in the area. 5. The zone change will further enable the goals for the TOD area to be met. 6. The criteria used to evaluate a zone change supports the request.” Option B: “I move to recommend DENIAL of Case No. WZ-24-06, a request for approval of a zone change from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) for property located at 11910 W. 52nd Avenue, for the following reasons: 1. …” Planning Commission 9 Case No. WZ-24-06 / Confluent Rezone EXHIBIT 1: AERIAL Planning Commission 10 Case No. WZ-24-06 / Confluent Rezone EXHIBIT 2: ZONING Planning Commission 11 Case No. WZ-24-06 / Confluent Rezone EXHIBIT 3: APPLICANT LETTER Planning Commission 12 Case No. WZ-24-06 / Confluent Rezone Planning Commission 13 Case No. WZ-24-06 / Confluent Rezone Planning Commission 14 Case No. WZ-24-06 / Confluent Rezone Planning Commission 15 Case No. WZ-24-06 / Confluent Rezone The following is an excerpt from the Structure Map within the Comprehensive Plan. EXHIBIT 4: COMPREHENSIVE PLAN Subject Property Planning Commission 16 Case No. WZ-24-06 / Confluent Rezone The image above is an excerpt from the Northwest Subarea Plan showing the subject site designation of mixed- use TOD. EXHIBIT 5: NORTHWEST SUBAREA PLAN Subject Property Planning Commission 17 Case No. WZ-24-06 / Confluent Rezone NEIGHBORHOOD MEETING NOTES Meeting Date: April 3, 2024 Attending Staff: Alayna Olivas-Loera, Planner II Scott Cutler, Senior Planner Location of Meeting: Virtual Property Address: 11910 W. 52nd Ave. Property Owner(s): Ward Road Storage LLC Property Owner(s) Present? No Applicant: Greg Meeter, Confluent Development Applicant Present? Yes Existing Zoning: Industrial-Employment (I-E) Existing Comp. Plan: Mixed-Use Employment TOD Existing Site Conditions: The property is located on the north side of W. 52nd Avenue, between Ward Road and Taft Court. The property is currently zoned Industrial-Employment (I-E). Properties to the west and south are also zoned I-E and Mixed Use-Neighborhood to the east. The properties located immediately across W. 52nd Avenue to the north are within the bounds of unincorporated Jefferson County. 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. Applicant/Owner Preliminary Proposal: The applicant is proposing to rezone the property to Mixed Use-Commercial TOD (MU-C TOD) in order to allow for a mixed-use development including more housing options and neighborhood scale and serving retail uses. The following is a summary of the neighborhood meeting: • In addition to the applicant team and staff, 19 members of the public attended the neighborhood meeting. The participant list is below, which serves as the virtual sign-in sheet. EXHIBIT 6: NEIGHBORHOOD MEETING SUMMARY Planning Commission 18 Case No. WZ-24-06 / Confluent Rezone • 9 members of the public spoke at the meeting. • Staff discussed the site, its zoning and future land use. • The applicant and members of the public were informed of the process for the zone change. • The members of the public were informed of their opportunity to make comments during the process and at the public hearing. The following items were discussed: • Lives directly across the street and have lived through many years of redevelopment and construction. How long is the construction process from start to finish? After the rezoning, the applicant would need to go through the City’s site plan process. Once the City has the site plan application, that review period is approximately 6-9 months. From start to finish could be 2-3 years overall, including construction, but construction is only a small part. • Concerns about safety and respect to adjacent property owners during and after construction. • Board member of Hance Station townhomes across street spoke in favor of the rezoning, in an individual capacity (not representing the Board’s opinion). Feels RV storage next to rail station is not a good use of land and wants to see development including potential retail. Is willing to speak in support of the application at future public hearings. Hopes that additional residents will get additional transit frequency at RTD. • What is the developer’s criteria for the site? Applicant is evaluating the site. Lots of evaluation goes into analyzing sites, including looking at the market, existing infrastructure, topography, needs for potential residents and businesses. It’s still very early in the process and so there is still a lot of process to go through. The applicant is considering a residential project and ideally a retail component (i.e. a coffee shop). They are excited about the City’s goals for the station area including the investment in infrastructure and open space. The City just did a lot of neighborhood engagement with the Let’s Talk program including the desire for community spaces. • If the property is rezoned to the TOD zoning, what is the height limit? Staff discussed • Question about expansion of the RTD lot on the vacant portion? Need to reach out to RTD to explore options for the vacant portion. RTD unlikely to want to expand in the vacant area at this time. • Is the property owned by the developer or still being considered? Applicant is under contract. • Importance of retail space such as coffee shop in the space; please consider. Parking needs to be considered; pointed to Parallel as a good example of having a parking garage that supplies parking to residents. Some concerns about height limit. Staff spoke about the site plan requirements where parking and height is reviewed. • Mixed use zoning is a broad label. Why does zoning come before the end use/user is known? Zoning needs to be in place prior to a site plan can be reviewed and approved for a new development. • How can/will parking be accommodated? What are the requirements? The City has parking requirements for residential (a minimum 1 space per unit) and for commercial. For many mixed-use projects, structured or tuck-under parking is utilized. • Any additional impacts to 52nd Ave? No additional widening proposed at this time since the City just completed a substantial improvement project. • Can the project be 100% residential? Neighborhood wants to have commercial. Yes, but it is not the current intent to do 100% residential. The City’s goals include some commercial on this site. Staff discussed when this is determined and also described the City’s Project and Properties map. Planning Commission 19 Case No. WZ-24-06 / Confluent Rezone • Is a traffic study required? Yes, at time of site plan. • Concerns about impacts of traffic and taking a comprehensive approach. • Concerns about when and what public input can be on. Staff explained the public input process and additional opportunities for public input. • Why can’t the developer tell what they want to do before going through the zoning process? City has seen it both ways. It’s not required for the developer to have an exact plan in place before pursuing a rezoning. Sometimes they do, but it’s not required. • Residents may be fearful of the unknown. People want commercial, but the rezoning may be a “blank check.” What else could Confluent do with the property if given the rezoning? The pro forma would need some density to pencil. What other sorts of projects have Confluent done more recently? Has it been weighted heavily on residential vs. commercial? Understands Confluent doesn’t want to promise something and not deliver. Applicant can’t say exactly what they are planning at this time; it’s still too early in the process. Trying to study what has worked and not worked in this submarket. Trying to listen to community members about what is missing in this area including neighborhood services, and actively exploring what that may look like. Has done a number of mixed-use projects in Denver area as well as residential. Consistent theme of projects is listening early and often and providing something that would be embraced by the community including making investments locally. Everyone is welcome to look at the website with a list of projects and they have a diverse portfolio. Have also done projects in Wheat Ridge recently: Kipling Ridge shopping center (Sprouts) and Morningstar at 38th/Kipling. The Exchange at Boulevard One is a commercial mixed use redevelopment in Lowry that has a mix of office and retail uses. • Is the contract contingent upon approval of rezoning? Yes, the contract assumes development will occur. Participant List: Planning Commission 20 Case No. WZ-24-06 / Confluent Rezone View of the subject property looking south from W. 52nd Avenue (Source: Google Maps 2019) EXHIBIT 7: SITE PHOTOS View of the subject property looking west from W. 52nd Avenue and Taft Court (Source: Google Maps 2019) Planning Commission 21 Case No. WZ-24-06 / Confluent Rezone View of the established neighborhood looking north from W. 52nd Avenue and Taft Court (Source: Google Maps 2019) Planning Commission Minutes -1 – June 13, 2024 PLANNING COMMISSION Minutes of Meeting June 13, 2024 1.CALL THE MEETING TO ORDER The meeting was called to order by Chair DISNEY at 6:30 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2.ROLL CALL OF MEMBERS Commission Members Present:Kristine Disney Daniel Graeve Krista Holub Will Kerns Michael Moore Patrick Quinn Syrma Quinones Jonathan Schelke Commission Members Absent: Staff Members Present: Jana Easley, Planning Manager Alayna Olivas-Loera, Planner II Tammy Odean, Recording Secretary 3.PLEDGE OF ALLEGIANCE 4.APPROVE ORDER OF THE AGENDA It was moved by Commissioner QUINN and seconded by Commissioner KERNS to approve the agenda as amended. 5.APPROVAL OF MINUTES – May 2, 2024 and May 16, 2024 It was moved by Commissioner QUINN and seconded by Commissioner GRAEVE to approve the minutes of May 2, 2024, as written. Motion carried 7-0-1 with Commissioner QUINONES abstaining. It was moved by Commissioner SCHELKE and seconded by Commissioner KERNS to approve the minutes of May 16, 2024, as written. Motion carried 7-0-1 with Commissioner HOLUB abstaining. ATTACHMENT 3 Planning Commission Minutes - 2 – June 13, 2024 6. PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WZ-24-06: an application filed by Confluent Development, LLC for approval of a zone change from Industrial-Employment (I-E) to Mixed Use- Commercial TOD (MU-C TOD) on a property located at 11910 W. 52nd Ave., in order to develop the site with residential and/or commercial uses. Ms. Olivas-Loera gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Public Comment Chair DISNEY opened the Public Comment. Geoff Burg, resident 5195 Swadley Street Mr. Burg is opposed to the zone change without knowing the details of the future development. He added that the neighbors would like to see some commercial in the development. Connie Burg, resident 5195 Swadley Street Ms. Burg is also opposed to the zone change and emphasized she would rather have a warehouse on this property other than residential because she is concerned about the height and setbacks requirement. She mentioned she is also concerned about more traffic in the neighborhood. Ms. Burg would like to see something special at this location, not townhomes or apartments. Terry Foulke, resident 5274 Taft Court Mr. Foulke mentioned he agreed with the Burg’s comments and is concerned with lack of parking and traffic if more residential is developed. He also would like to see restaurants and commercial developed on this property. Charile Hood, Metro District Board Member for Hance Station and resident 11843 W 51st Avenue Planning Commission Minutes - 3 – June 13, 2024 Mr. Hood mentioned he is in favor of the zone change and is hoping for an ambitious development. He agreed that RV Storage is a poor landuse for valuable real estate and said this is a prime location for access to the mountains and to downtown. Mr. Hood added that the Mixed Use-Commercial zone change could add some good retail to the property. Carol Foulke, resident 5274 Taft Court Ms. Foulke mentioned she walks to the rail station often and is concerned with the trains being empty and is does not think more residential developments need to be put in the area. She added that a large residential building is out of character for this area. Ms. Foulke agrees a rezone is important but would like to see commercial and greenspace on this property. Chair DISNEY closed the Public Comment. Commissioner KERNS agreed with being creative with the property and requiring some greenspace and added that 52nd Avenue is not a main street and can be hard to have only commercial without some residential rooftops. He also mentioned that there is a housing shortage and affordable housing is needed and very important. Ms. Olivas-Loera confirmed that if the zone change is approved then open space will be a requirement. Commissioner GRAEVE inquired if there has been any commercial development along the TOD are in the past years. Ms. Olivas-Loera confirmed this to be true. In response to a couple questions from Commissioner HOLUB, Ms. Olivas-Loera confirmed that if the property were to be residential only, then the building could only be 6 stories in height and a zone change to Mixed-Use TOD would be the only non-commercial option that staff would support. Commissioner QUINN asked if there are any affordable housing and parking requirements within the TOD development; to which Ms. Olivas-Loera commented no, there is not any affordable housing requirements, but there are parking requirements. In response to a question from Commissioner SCHELKE, Ms. Olivas-Loera confirmed that there is no proposal yet for this site if the zone change is approved, but mentioned the new heights would apply. Planning Commission Minutes - 4 – June 13, 2024 Commissioner DISNEY asked for confirmation that a zone change is being requested for this property without plans being finalized. Celeste Tanner, applicant, Chief Development Officer 6985 West 26th Avenue Ms. Tanner confirmed that there is no solid plan yet and are just in the 1st process which is the zone change followed by the site development process and would be excited to work with the public. She added that Confluent Development is Denver based and has developed in Wheat Ridge in the past. She also added that she is an 11-year resident in the City of Wheat Ridge and is excited about a vibrant development in her community and understands what is important to the resident that are currently there. Commissioner GRAEVE asked if there is a public process for the Site Plan Development. Ms. Olivas-Loera confirmed that all land use cases are public record and although for a Site Plan there is no public process, they can reach out to staff for the plans that are being reviewed. Ms. Tanner added that she is always available to answer questions as well. Commissioner QUINONES inquired how many units would be allowed if this site became residential only. Ms. Tanner clarified that if residential only then it would be subject to the 6-story height limit but have not looked into any one direction for this site yet. Ms. Olivas-Loera added that this property is exempt from the density limitations. There were a few parking questions, but staff was not qualified to answer. Chair DISNEY closed the public hearing. It was moved by Commissioner MOORE and seconded by Commissioner QUINN to APPROVE Case No. WZ-24-06, a request for approval of a zone change from Industrial-Employment (I-E) to Mixed Use-Commercial TOD (MU-C TOD) for property located at 11910 W. 52nd Avenue, for the following reasons: 1. The Proposed zone change will promote the public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. Utility infrastructure adequately services the property. 3. The proposed zone change is consistent with the goals and objectives of the City’s adopted plans and policies. 4. The zone change will provide additional opportunity for reinvestment in the area. Planning Commission Minutes - 5 – June 13, 2024 5. The zone change will further enable the goals for the TOD area to be met. 6. The criteria used to evaluate a zone change supports the request. Commissioner GRAEVE is familiar with the area and understands there has been development change and added there is state law about density around TOD areas. He sympathized with the neighborhood and is shocked there is no commercial in the area and agrees there should be some included but cannot be a condition. He reminded the community that Wheat Ridge has not built an apartment building for 40 years, but now housing is needed. Commissioner QUINN reminded the community that there is a process and steps to development and the start is with a zone change, then figuring out the site plan and agrees, more commercial/retail needs to be included. Commissioner DISNEY reminded the community that planning is a process and staff must communicate with utilities to see if the area can be served. She added planning and zoning can be tricky and that is why there is a process in place. She also reminded all that there is a housing shortage and the apartment building that have been developed are now full. Commissioner DISNEY also mentioned there are a lot of commercial spaces that are sitting vacant currently. Motion approved 7-1 with commissioner QUINONES denying. 8. OLD BUSINESS 9. NEW BUSINESS A. Upcoming Dates B. Project and Development Updates C. Commissioner Updates 10. ADJOURNMENT It was moved by Commissioner QUINN and seconded by Commissioner KERNS to adjourn the meeting at 8:17 p.m. Motion carried 8-0. __________________________ _______________________________ Kristine Disney, Chair Tammy Odean, Recording Secretary ITEM NO: 3 DATE: July 22, 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: City Council approved this ordinance on first reading on July 8, 2024. A motion was made by Councilmember Hoppe and seconded by Councilmember Stites and was approved by a vote of 8 to 0. FINANCIAL IMPACT: None CAF – Electronic Signatures July 22, 2024 Page 2 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 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 second reading, order it published 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 HOPPE 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 8 to 0 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: 4 DATE: July 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2024 – AN ORDINANCE AMENDING SECTION 26.646.F OF THE WHEAT RIDGE CODE OF LAWS, REGARDING APPROVAL OF NONCONFORMING ACCESSORY DWELLING UNITS PUBLIC HEARING ORDINANCES FOR 1ST READING (07/22/2024) BIDS/MOTIONS ORDINANCES FOR 2ND READING (08/12/2024) RESOLUTIONS QUASI-JUDICIAL: YES NO _____________________________ Community Development Director City Manager ISSUE: The proposed ordinance extends the grace period to legalize existing dwellings that may qualify as Accessory Dwelling Units (ADU) from August 15, 2024, to August 15, 2026. PRIOR ACTION: This topic was discussed with City Council at its June 3, 2024 study session. Council reached consensus to extend the grace period two (2) years until August 15, 2026. Planning Commission reviewed this request at a public hearing held on July 18, 2024. The results of that hearing and the draft Planning Commission minutes will be included with the Council Action Form for the second reading. FINANCIAL IMPACT: The proposed ordinance is not expected to have a direct financial impact on the City. BACKGROUND: One of the specific policy goals of the original ADU ordinance approved in 2022 was to create a process for legalizing existing dwellings that fall within the definition of an ADU. The ordinance established a grace period during which property owners could submit evidence of the prior existence of the unit without fear of penalty. Units legalized under the grace period have more Council Action Form – ADU Grace Period Extension July 22, 2024 Page 2 flexibility; zoning requirements do not apply, and applicable building codes are largely limited to life safety concerns. The grace period to legalize existing dwellings that fall within the definition of an ADU currently expires on August 15, 2024. After the grace period ends, any unapproved or unpermitted ADU “shall be subject to enforcement as provided by law”, which may include code enforcement citations, requirements for building permits, and possibly upgrades to meet current building code requirements that go beyond basic life safety improvements. Staff believe there are additional ADUs in the community that could benefit from obtaining legal ADU status, but the owners have not yet applied. Allowing owners to come forward on their own time and not taking a punitive approach has so far proven generally successful, and owners have been more willing to provide information and build relationships with staff where prior to the grace period it was a more tenuous process due to the looming threat of code enforcement action. Without a grace period or increased flexibility for existing ADUs, owners are far less likely to come forward due to fear of having to comply with current building codes and make expensive upgrades, or dismantle a potential ADU that may be occupied, so in practice it would be like pre-2022 where ADUs (new or existing) were not allowed. Any person building or converting an ADU after August 15, 2022 should have obtained the proper building permits for construction of a new ADU, so the extension of the grace period only applies to any ADU that was clearly in existence prior to August 15, 2022, demonstrated through prior permit records, real estate transactions, photos, or other written communication. This will ensure that many of the City’s existing ADUs, which were sometimes completed decades ago, can still apply for legalization without fear of penalty. This also helps to legalize and legitimize existing housing in the community. With the extension of the grace period, staff recognizes the importance of providing public education. If the grace period is extended, staff would develop an outreach plan and seek Council’s help in word-of-mouth education of the opportunity to apply to ensure property owners are aware of the additional opportunities to potentially legalize existing ADUs on their properties. RECOMMENDATIONS: Staff recommends approval of the ordinance. 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. RECOMMENDED MOTION: “I move to approve Council Bill No. 13-2024, an ordinance amending Section 26-646.F of the Wheat Ridge Code of Laws, regarding approval of nonconforming Accessory Dwelling Units, on first reading, order it published, the public hearing set for Monday, August 12, 2024 at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect immediately.” Council Action Form – ADU Grace Period Extension July 22, 2024 Page 3 Or, “I move to postpone indefinitely Council Bill No. 13-2024, an ordinance amending Section 26- 646.F of the Wheat Ridge Code of Laws, regarding approval of nonconforming Accessory Dwelling Units, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2024 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ____ COUNCIL BILL NO. ____ ORDINANCE NO. 1798 Series 2024 TITLE: AN ORDINANCE AMENDING SECTION 26-646.F OF THE WHEAT RIDGE CODE OF LAWS, REGARDING APPROVAL OF NONCONFORMING ACCESSORY DWELLING UNITS WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the City of Wheat Ridge has established a process to legalize existing dwelling units which may qualify as Accessory Dwelling Units (ADUs), referred to as a “grace period”; and WHEREAS, the process has been successful and several existing ADUs have been legalized, and the current grace period expires on August 15, 2024; and WHEREAS, the Council finds it necessary to extend the “grace period” by two (2) years to continue to provide a pathway for property owners to legalize existing ADUs on their properties. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-646.F of the Wheat Ridge Code of Laws, concerning ADUs on nonconforming properties, is hereby amended as follows: F. Nonconforming properties. 1. Owners of property currently containing structures or portions of structures which may fall within the definition of ADU under section 26-123, are hereby granted the right to apply to the city for approval of the same until August 15, 2024 2026. Following that date, and in the absence of city approval of an ADU under this section, unapproved or unpermitted ADUs shall be subject to enforcement as provided by law. Upon review and approval of such applications by the city, the deed restriction requirement of subsection E. shall apply. Development standards of subsection B. do not apply. … 3. If a property contains more than one (1) ADU, deemed lawful pursuant to subsections F.1. and F.2. by August 15, 2024 2026, those ADUs shall ATTACHMENT 1 2 be allowed to remain until voluntarily demolished or converted to other uses, consistent with the provisions of Code subsection 26-120.C. … 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 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 immediately, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 22nd day of 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 August 12, 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 12th day of August 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: July 23, 2024 Second Publication: August 13, 2024 Effective Date: August 12, 2024 Jeffco Transcript and www.ci.wheatridge.co.us ITEM NO: 5 DATE: July 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ACCEPT THE 2023 FINANCIAL STATEMENTS FROM CLIFTONLARSONALLEN PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO ____________________________ _______ Deputy City Manager City Manager ISSUE: Section 10.15 of the Municipal Charter for the City of Wheat Ridge requires that an independent audit be performed annually of all City accounts. In 2023, the City received more than $750,000 in federal funds for Wadsworth Boulevard which also triggered a “single audit” of all federal funds. The CPA firm CliftonLarsonAllen (CLA) performed both the City and federal audits of the City’s financial statements for the year ending December 31, 2023. Once again this year, the City received an unmodified opinion indicating that the City’s financial statements are fairly and appropriately presented. A representative from CLA will be at the July 22, 2024 City Council meeting to present the 2023 Financial Statements to Council for acceptance. PRIOR ACTION: None FINANCIAL IMPACT: The contract for audit services with CLA is for an amount of $53,405 inclusive of the single audit for federal funds received and expended. Council Action Form – 2023 Financial Audit July 22, 2024 Page 2 BACKGROUND: The attached governance communication (addressed to Honorable Mayor and Members of City Council) is the auditors’ official communication to the governing body explaining the audit process, findings and issues. The following comments can be found in the attached communication: Accounting Policies “We noted no transactions entered into by the entity during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period.” Significant Unusual Transactions “We identified no significant unusual transactions.” Difficulties Encountered in Performing the Audit “We encountered no significant difficulties in dealing with management in performing and completing our audit.” The following conclusions were reached as a result of the audit and can be found under “Summary of Auditors’ Results” beginning on page 72 of the attached financial statements: 1. “During our review of 2023 federal expenditures and related federal grant revenue, we noted federal expenditures incurred in 2022 of $1,656,481, were not reflected on the 2022 SEFA. Additionally, the revenue and related grant receivable and deferred inflow of resources were not accrued in 2022.” This is related to a reimbursement from CDOT for the Wadsworth Improvement Project. 2. “During our review of leases, we noted one instance where the City serves as a lessee and one where the City serves as a lessor, for which the leases were not recorded or identified during the initial adoption of GASB Statement No. 87 in 2022. This resulted in a receivable of $230,888 and a right to use asset and corresponding lease liability of $771,109 being recorded in 2023.” Significant work went into implementing the new GASB rules in 2022 (GASB 87) and 2023 (GASB 96). This work will continue to be a challenge and opportunity for staff and auditors in terms of how revenues and expenditures are reflected in our financial statements. 3. “During our review of the 2023 trial balance and year-end accruals, we noted the following issues: a. Transactions between the URA Project Fund and the WURA were not properly recorded or reconciled which resulted in an adjustment of $1,451,702. The aforementioned transactions were recorded as transfers in and out, rather than capital outlay expenditures and capital contribution revenue. Council Action Form – 2023 Financial Audit July 22, 2024 Page 3 b. Retainage of $367,100 was not properly identified or accrued for by the City related to ongoing construction projects. c. A reimbursement request related to 2023 expenses totaling $406,635 due from another local government was not recorded by the City as an intergovernmental receivable.” 4. “Property held for resale totaling $330,299 was sold in 2022; however the disposition of the land was not recognized until 2023.” This relates to Yukon Court which was acquired by Renewal Wheat Ridge in 2014. In 2022 when the land was sold, the asset should have been relieved from Renewal Wheat Ridge’s balance sheet. The asset was not relieved from the balance sheet, and it was brought to the auditor’s attention by current accounting staff during the course of the 2023 audit. A subsequent adjustment was made to relieve the asset. Council may read additional information in the financial statements, but in all cases, these are not repeat findings. RECOMMENDED MOTION: “I move to accept the 2023 Financial Statements from CliftonLarsonAllen.” Or, “I move to deny the acceptance of the 2023 Financial Statements from CliftonLarsonAllen for the following reason(s) ___________________” REPORT PREPARED AND REVIEWED BY: Reed Smythe, Accounting Supervisor Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. 2023 Governance Communication 2. 2023 Financial Statements ITEM NO: 6 DATE: July 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 35-2024 – A RESOLUTION APPROVING AN AMENDED INTERGOVERNMENTAL AGREEMENT CONCERNING ANIMAL SHELTERING, DOG LICENSING AND FUNDING OF THE FOOTHILLS ANIMAL SHELTER PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO _______________ City Manager ISSUE: The Foothills Animal Shelter (FAS) Board of Directors has recognized a need to update the Intergovernmental Agreement between Jefferson County and the cities therein to make participation in the Dog Licensing Program optional, remove licensing requirements, set an assessment calculation that is predictable for the Parties, and to authorize the development of an IGA that includes the Shelter as a party to establish operational terms (Operations IGA). PRIOR ACTION: On June 20, 2007, Jefferson County and several Jefferson County municipalities, including Wheat Ridge, entered into an Intergovernmental Agreement (IGA) to implement a county-wide dog licensing program in order to fund construction of the Foothills Animal Shelter. On January 1, 2009, a second IGA was approved to provide funding for the construction of the animal shelter through certificates of participation issued by Jefferson County which would be repaid by the municipalities. On August 15, 2012, Jefferson County and the municipalities therein entered into a third IGA to establish a funding mechanism by which revenue generated by the dog licensing program funds the costs of operation and debt for the Shelter. On February 3, 2022, the IGA was amended to revise the funding model and assessment calculation, update compliance requirements, remove outdated language, and update the timing of budget recommendations. Council Action Form – Foothills Animal Shelter Amended IGA July 22, 2024 Page 2 FINANCIAL IMPACT: There is no significant financial impact in approving this amended IGA. The 2024 assessment for the City of Wheat Ridge for FAS operational expenses is $71,237 which is in line with recent assessment rates. Wheat Ridge’s share of annual debt service is approximately $25,000 which will end in 2029. BACKGROUND: In 1997, the City became a party to the IGA that formed the Table Mountain Animal Center (TMAC). Over the years, the operations of TMAC have grown – to a point of constructing a new shelter in 2010 that is three times larger than the old facility and changing the name of the facility to Foothills Animal Shelter (FAS). Currently, the City of Wheat Ridge, along with Jefferson County and the cities of Arvada, Edgewater, Lakewood, Westminster, and Golden make annual contributions towards the operations of the shelter. In 2007, the County and the various cities entered into an IGA that implemented a countywide dog licensing program. The revenue generated from the program was to be allocated to pay for the new shelter. As part of the IGA most recently amended in 2012, language was added that required each city to meet a 20% dog licensing goal. While initially the goal was to incentivize licensing, which would help to pay off the debt service of the building more quickly, most jurisdictions were not able to consistently meet the licensing requirement. Moreover, the fines for noncompliance have been difficult to budget in advance because the fines for the previous year were received after the following year’s budget was adopted. In 2019, the FAS Board came to an agreement to identify an ongoing contribution level annually, which would be offset by dog licensing. Each board member would now be able to accurately budget in advance and would then be rewarded instead for meeting licensing goals instead of punished for not meeting them. This was reviewed with both the county/city managers group and the commissioner/city council group. In 2022, the FAS Board agreed to update the IGA to update the funding model and assessment calculation. The Annual Contribution calculation remains the same: Total Households (in each jurisdiction) x 0.47 (estimated dog population) x 1.6 (estimated dogs per household). The Total Household demographics are now updated annually, whereas it had previously been updated every seven years. Additionally, this update removed the language that required 20% dog licensing compliance. Dog licensing is now built into the assessment calculation to encourage continued dog licensing. Additionally, this IGA amendment updated and removed outdated sections that were no longer relevant or best practices. The 2024 updates to the IGA will: • Make participation in the Dog Licensing Program optional and remove dog licensing requirements. The City of Wheat Ridge is still participating in the Dog Licensing Program. • Set an assessment calculation that is predictable for the Parties Council Action Form – Foothills Animal Shelter Amended IGA July 22, 2024 Page 3 • Remove all language regarding injured wild animals, as the Shelter is not licensed to manage wildlife • Authorize the development of an IGA that includes the Shelter as a party to establish operational terms (Operations IGA). RECOMMENDATIONS: Staff recommends approval of the resolution. RECOMMENDED MOTION: “I move to approve Resolution No. 35-2024, a resolution approving an Amended Intergovernmental Agreement concerning animal sheltering, dog licensing and funding of the Foothills Animal Shelter.” Or, “I move to table indefinitely Resolution No. 35-2024, a resolution approving the amended intergovernmental agreement concerning animal sheltering, dog licensing and funding of the Foothills Animal Shelter for the following reason(s) ______________________________.” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Assistant City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 35-2024 2. Foothills Animal Shelter Amended and Restated IGA redline 3. Foothills Animal Shelter Amended and Restated IGA ATTACHMENT 1 1 Formatted: Footer, Right AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITIES OF ARVADA, LAKEWOOD, WHEAT RIDGE, GOLDEN, WESTMINSTER AND EDGEWATER ANIMAL SHELTER/DOG LICENSING /FUNDING THIS AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT (“Amended IGA”), dated for reference purposes only this________, 2024 3rd day of February, 2022, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”); the CITY OF ARVADA, a municipal corporation (“Arvada”); the CITY OF LAKEWOOD, a municipal corporation (“ Lakewood” ); the CITY OF WHEAT RIDGE, a municipal corporation (“ Wheat Ridge”) ; and the CITY OF GOLDEN, a municipal corporation (“Golden” ); and the CITY OF WESTMINSTER, a municipal corporation (“Westminster”); and the CITY OF EDGEWATER, a municipal corporation (“Edgewater”)(collectively, the “Parties” and individually a “Party”)(Arvada, Lakewood, Wheat Ridge, Golden, Westminster, and Edgewater may be referred to individually as a “City” or collectively as the “Cities”). RECITALS 1. C.R.S. Section 30-15-101(1) authorizes the board of county commissioners of each county to establish an animal holding facility and engage personnel to operate it, provide for the impoundment of animals, and to establish terms and conditions for the release or other disposition of impounded animals. 2. C.R.S. Section 30-15-101(2) authorizes counties and municipalities to enter into an intergovernmental agreement to provide for the control, licensing, impounding, or disposition of pet animals or to provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control licensing resolution or ordinance. 3. C.R.S. Section 31-15-401 (m)(I) authorizes municipalities to regulate and control animals within the municipality including, but not limited to, licensing, impoundment, and disposition of impounded animals. 4. Part 2 of Article I of Title 29, C.R.S. permits and encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments 5. Part 2 of Article I of Title 29, C.R.S. authorizes governments to contract with one another ATTACHMENT 1 2 Formatted: Footer, Right to provide any function, service, or facility lawfully authorized to each of the contracting units through the establishment of a separate legal entity. 6. Pursuant to C.R.S. Section 30-11-107(1) the Parties are authorized to enter into agreements for the joint use and occupation of public buildings. 7. The Parties (except Edgewater) entered into the June 20, 2007 an Intergovernmental Agreement for Implementation of a County-Wide Dog Licensing Program (“Dog Licensing IGA”) implementing a County- Wide Dog Licensing Program ("Dog Licensing Program") which established a “Dog Licensing Program” and provided that the revenue from licensing the Dog Licensing Program would be used to construct a new animal shelter facility due to the deterioration of the prior facility. 8. On January 1, 2009, tThe Parties (except Edgewater) entered into the an Intergovernmental Agreement dated January 1, 2009 for the Reimbursement Costs Associated with the Construction of the Table Mountain Animal Center f/n/a Jefferson Animal Shelter n/k/a Foothills Animal Shelter (“Facility Funding IGA”), in which the County agreed (1) to issue Certificates of Participation ("COPs") in the amount of $5,200,000 that which expire in 2029,; (2) contribute $3,000,000,; and, (3) to provide additional financing in the amount of $1,500,000. In accordance with the terms of the Facility Funding IGA, the Parties Cities have repaid the County the $1,500,000. 9. On August 15, 2012, tThe Parties entered into the an Animal Shelter/Dog Licensing/Funding Intergovernmental Agreement dated August 15, 2012 (“2012 Facility IGA”), that renamed Table Mountain Animal Centerthe separate legal entity the Foothills Animal Shelter (“Shelter”). and addressed the operation and administration of the Shelter’s facility located at 580 McIntyre Street, Golden CO 80401 (“Facility”). The 2012 Facility IGA, in part, superseded the Dog Licensing IGA and amended the Facility Funding IGA. provided that the Parties were to no longer pay annual assessments for the operation of the Shelter, to instead use Dog Licensing Program revenues for the operation of the Shelter, and to provide for repayment of the COPs by the Cities to the County. 10. By With the On February 3, 2022, the Parties Amended IGA,entered in an the Parties desire to aAmended and rRestated Animal Shelter/Dog Licensing/Funding the 2012 Facility IGA IGA (“2022 IGA”) which amended and restated the 2012 Facility IGA and and superseded and terminated the 2007 Dog Licensing IGA and the Facility Funding IGA to, in part, provide for the Parties to pay an annual assessment for the operation of the Shelter and use the revenue from the Dog Licensing Program to offset the cost of operating the Shelter. 11. The Parties agree that each Party and its residents should contribute toward the funding for ATTACHMENT 1 3 Formatted: Footer, Right the cost of capital construction of the Facility and the operation and maintenance of the Shelter pursuant to the terms set forth herein. 11. By this Amendment, the Parties desire to amend the 2022 IGA as set forth hereinafter, to make participation in the Dog Licensing Program optional, remove licensing requirements, set an assessment calculation that is predictable for the Parties, and to authorize the development at a later date, an IGA that includes the Shelter as a party to establish operational terms (Operations IGA). NOW, THEREFORE, in consideration of the mutual covenants and agreement of the Parties hereinafter contained, the receipt and sufficiency of which are hereby confessed, it is understood and agreed as follows: PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION I. GENERAL PROVISIONS A. ESTABLISHMENT OF FOOTHILLS ANIMAL SHELTER. The Parties reaffirm the establishment of the separate legal entity known as the Foothills Animal Shelter, which is responsible for the administration and operation of the Shelter and the Facility. B. FACILITY LEASE. The Shelter entered into the Lease Agreement dated August 9, 2010 (“Lease Agreement”) with the County for the Facility located at 580 McIntyre Street, Golden CO 80401. The Shelter, for the purpose of, organizing, administering, and operating the central animal facility on the land so leased, will improve, maintain, and operate the Facility as provided herein and as provided in the Lease Agreement. C. JURISDICTION. As used herein, the “Jurisdiction” of each City shall be the area within its municipal boundaries. The Jurisdictions of Arvada and Westminster include the areas within their respective municipal boundaries within Adams County and Jefferson County. The Jurisdiction of the County shall be the unincorporated area of the County. D. REPORTING PERIOD. As used herein, the term “Reporting Period” shall mean the period from January 1 to December 31 of each year. II. POWERS OF THE SHELTER A. GENERAL POWERS. The Parties hereto agree the Shelter shall be empowered with the authority to improve, construct, maintain, repair, control, regulate, and operate the Facility within Jefferson County, Colorado, as a complete animal shelter for the use and benefit of the Parties to this Agreement and their constituents. Commented [KN1]: Revised to remove Licensing Administrator since term was deleted with mandatory licensing. Formatted: Not Highlight ATTACHMENT 1 4 Formatted: Footer, Right B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL PROGRAMS. The principal purposes of the Shelter are (1) to retain in temporary custody and to provide for the subsequent adoption or disposition of animals taken into possession by the respective governing bodies or animals tendered to the Shelter by residents of the respective governing bodies, and (2) to provide educational, volunteer and related programs to individuals and the community to promote responsible pet ownership. As used herein, the term "animals" shall includes, but is not necessarily limited to, dogs, cats, and all other domestic animals. , The term also and includes injured wild animals if requiredon an as needed basis, when no other humanely reasonable options are available and if the Shelter is licensed to receive such animals. C. POWER TO ESTABLISH CLINICS FOR ANIMAL WELFARE PURPOSES. In addition to providing temporary custody for said animals as set forth above, the Shelter shall have the authority to establish a clinic for the purpose of spaying and neutering animals, or for any other animal welfare related purposes as deemed appropriate by the governing bBoard of dDirectors for the Shelter (the "Shelter Board"). D. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The Parties further agree the Shelter shall have the authority to contract and purchase all necessary supplies, equipment, materials, and services, including professional services, and further to hire and discharge employees as deemed necessary to operate the Shelter. The Shelter shall also have the power to contract with other governing bodies who are not Parties to thise Amended IGA to provide the same temporary custody, adoption or disposition services provided forto the Parties. Any Party, individually or collectively, may enter into an Operational Agreement with the Shelter to set standards and protocols for services necessary for animal control operations, as approved by the Shelter Board. E. POWER TO SET FEES. The Shelter Board shall set the fees to be charged for services. Such fees shall be established by the Shelter Board, shall be uniform and reasonable, and shall supersede any fees previously established by the Partiesrespective governmental bodies. The Shelter Board shall set the fFees for services provided to non-parties to this Agreement governing bodies who are not Parties to this Agreement and their residents shall be set by the Shelter Board and which fees shall be set to include the costs for operation and maintenance of the Shelter and capital costs of the Facility. F. POWER TO LEASE PROPERTY. The Parties hereto agree the Shelter is empowered to negotiate and enter into a lease of the Facility which is suitable for an animal facility and additional property if necessary. III. BOARD OF DIRECTORS A. POWERS. The Shelter Board shall exercise Aall powers, privileges and duties Commented [KN2]: Per shelter Board: The Shelter is not licensed and is not eligible to be licensed to manage wildlife. Commented [KN3]: Language slightly revised ATTACHMENT 1 5 Formatted: Footer, Right vested in the Shelter shall be exercised and performed by and through the Shelter Board. Only Parties to this Amended IGA shall be entitled to appoint a Director to serve on the Shelter Board. B. APPOINTMENTS. Each Party shall designate and appoint one Director to serve on the Shelter Board. Each Director shall be in regular attendance and participate in Shelter meetings and activities. Each Director shall serve in accordance with the terms and conditions set forth by the appointing Party that appointed the Director. Each Party may also appoint an alternate board member. C. ELECTION OF OFFICERS. At the annual meeting of the Shelter Board, regularly scheduled in May of each year, the Shelter Board shall elect from its membership a President, a Vice President (and President pro ternm), a Secretary and a Treasurer, who will assume their office at the following meeting following the election. These officers shall serve until their successors have been elected. The officers shall be elected by an affirmative vote of at least a majority of the Shelter Board. D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have the power to promulgate bylaws and policies and procedures which shall establish the organizational rules and policies and procedures for the management and operation of the Shelter. IV. CAPITAL IMPROVEMENT FUND The Shelter has established or shall establish a “Capital Improvement Fund” (“CIF”) equal to a minimum of Five Hundred Thousand Dollars ($500,000) ("Minimum Threshold"). The authorized uses of uses to which the Capital Improvement Fund CIF may be put include, butinclude but are not necessarily limited to, replacement of capital equipment, procurement of new capital equipment, and improvement or expansion of the Facility. If funds are used from the Capital Improvement FundCIF funds are expended bringing the fund balance below the Minimum Threshold, the Shelter Board shall return the CIF fund balance Fund shall be returned to the Minimum Threshold as soon as funds become available but within no later more than a two- years period from the date the CIF fund fell below the Minimum Threshold. The Shelter Board may adjust the Minimum Threshold above $500,000 on an annual basis if approved by a two-thirds vote of the Directors. Any adjustment of the Minimum Threshold below $500,000 shall require the approval of all unanimous approval by the Directors. V. CONTINGENCY/EMERGENCY FUND ESTABLISHED The Shelter shall maintain has established or shall establish a contingency/emergency fund (“Emergency Fund”) with with a minimum fund balance equal to a minimum of three months of the prior year’s operating expenses as calculated from the prior year ("Minimum Balance"). The Emergency Fund shall be used to defray the costs of unanticipated operating Formatted: Heading 3, Indent: Left: 0", First line: 0",Right: 0", Line spacing: single Formatted: Emphasis, Font: Not Bold, Character scale:100% ATTACHMENT 1 6 Formatted: Footer, Right expense shortfalls. If funds are used expended from the Emergency Fund, the Fund shall be returned to the Minimum Balance as soon as funds become available but within no more later than a two- years period from the date the fund fell below the Minimum Balance. VI. BUDGET Each year, the Shelter shall prepare a preliminary budget and submit said budget to the Shelter Board. The budget shall contain detailed estimates of the operating costs of the subsequent year. The proposed budget shall be approved bypresented to the Shelter Board on or before September 30th of each year. The budget shall be approved by the Shelter Board on or by November 30th of each year and shall be certified by the secretary and treasurer of the Shelter Board. The final budget shall be provided to each of the Parties’ governing bodies of the Parties no later than December 15th of each year. that this Amended IGA is in effect. VII. OPERATIONS FUND AND SHELTER OPERATIONS A. DESIGNATION OF OPERATIONS FUND. The Shelter and Parties agree that the various monies paid to the Shelter from all sources of revenue including, without limitation but not limited to, the Dog Licensing Program, annual assessments, and any monies generated by the Shelter, shall be placed into a designated fund designated for operating expenses ("Operations Fund''), and any operating expenses of the Shelter shall be paid from the Operations Fund. B. ANNUAL CONTRIBUTION TO OPERATIONS FUND The "Annual Contribution" of each Party shall be the sum of the actual Dog Licensing Program revenue attributable to the Party ("Dog Licensing Revenue") and the Party's "Annual Assessment" based on the formulas described below. 1. Total Annual Contribution. Each year the Shelter Board shall determine tThe Parties’ total “Annual Contribution” of the Parties to the Shelter, which shall be placed in the Operations Fund, is $1,600,000. If the Shelter Board determines an increase is necessary due to inflation or operational changes, the Shelter Board may request in writing that the Parties consider an increase. The Parties shall have 30 days to consider the request, and if a majority of the Parties vote in favor of the increase at a duly constituted meeting of the Shelter Board, an IGA amendment is not required. Any request for an increase in the total Annual Contribution must be made no later than July 1August 31. Annual Contributions shall be communicated to the Parties no later than August 1. Formatted: Heading 3, Space Before: 0 pt Formatted: Character scale: 100% Commented [KN4]: The Shelter Board would like this removed. The County would like it to remain. Commented [KN5R4]: Changed to Dec 1st per Golden Commented [KN6]: Added by Shelter Board ATTACHMENT 1 7 Formatted: Footer, Right 2. Each Party's Annual Contribution. Each Party's individual portion of the Annual Contribution shall be calculated based on the "Estimated Dog Population" of its Jurisdiction divided by the sum of the Parties' Estimated Dog Populations. A Party's Estimated Dog Population is calculated as follows: "Total Number of Households*',,.. of the Jurisdiction x 0.47** x 1.6*** * Based on 2018 Current Colorado State Demography Office data, to be updated yearly beginning on July I. ** Estimated dog population per US Pet Ownership demographic source book. *** Estimated dogs per household per US Pet Ownership demographic source book. 3. Licensing revenue held by the Shelter can be used to reduce a Party’s Annual Contribution. The market value of in-kind donations of property or services can reduce a Party’s Annual Contribution if approved by the Shelter. 3. Annual Assessment. Each Party's Annual Assessment shall be the amount ofits Annual Contribution minus its actual Dog Licensing Revenue attributableto the Party from the previous fiscal year, per the Shelter's Pet LicensingAnnual Report. A spreadsheet showing the calculations for each Party'sAnnual Assessment and other calculated terms is attached as Exhibit A. C. CHOICE OF DEPOSITORY. All monies belonging held by to the Shelter or designated for use by the Shelter shall be deposited in the name and to the credit of the Shelter with FDIC-insured commercial bank depositories such depositories as the Shelter shall from time to time designate. D. FISCAL RESPONSIBILITY. The Shelter shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate fund, credited to the Shelter, with which to pay the same. The provisions and terms set forth in Part 3 of this Amended IGA shall not be considered debt of the Shelter. VIII. BOOKS AND RECORDS A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts of its funds, properties, and business transactions, which accounts shall be open to inspection at any reasonable time by the Parties hereto, their attorneys, or their agents. Commented [KN7]: Per Jeffco: Revision made to clarify that licensing reduction does not need Shelter approval Commented [KN8R7]: First sentence revised and clarified by Golden ATTACHMENT 1 8 Formatted: Footer, Right B. ANNUAL AUDIT. The Shelter shall cause to be conducted an “Annual Audit” within 90 days after the end of the fiscal year. The Shelter’s fiscal year shall be the calendar yearfrom January 1st to December 31s. The Annual Audit shall be conducted by an independent certified public accountant, registered accountant, or partnership, or certified public accountants, or registered accountants licensed to practice in the State of Colorado. The Shelter shall tender a copy of saidthe Annual aAudit to the Parties’ governing bodies within 30 days after its completionof the respective Parties. IX. REPORTS A. ANNUAL REPORT. By June 1st of each year the Shelter shall prepare a comprehensive “Annual Report” of the Shelter' s activities and finances during the preceding year and tender a copy of the Annual Report to the Parties’ governing bodies of the respective Parties. B. REPORTS REQUIRED BY LAW, REGULATION OR CONTRACT. The Shelter shall also prepare and present such reports as may be required by law, regulation, or contract to any authorized federal, state, and/or local officials to whom such report is required to be made in the course and operation of the Shelter. C. REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to the all Parties hereto, at reasonable intervals, such reports and accountings as the Partiesa Party hereto may from time to timetime-to-time request. PART 2. COUNTY WIDEDOG LICENSING PROGRAM/FUNDING FOR SHELTER I. COUNTY-WIDEDOG LICENSING PROGRAM A. ORDINANCE ADOPTION. Each Party has adopted may adopt an ordinance which establishes a dog licensing program and penalties within its jurisdiction. The dog licensing ordinances adopted by the parties shall be consistent with the County ordinance concerning licensing of dogs and license fees; however, each party has discretion to adopt its own penalties. B. ENFORCEMENT. Each Party shall be responsible for enforcement of the penalties for its dog licensing ordinance within their own jurisdiction. Each party agrees to actively pursue enforcement of said ordinance. LICENSING ADMINISTRATOR DEFINED . The Licensing Administrator is the entity delegated the authority by the parties to issue licenses and collect fees for said dog licenses on behalf of all parties. Commented [KN9]: The Shelter Board would like this removed, the County would like it to remain. Commented [KN10]: Revised to clarify per question by Golden ATTACHMENT 1 9 Formatted: Footer, Right DOG LICENSES. The dog licenses shall all be identified as "County Dog Licenses." E. DEPOSIT OF DOG LICENSING REVENUE. Except as otherwise provided for herein, the Licensing Administrator shall deposit the Dog Licensing Revenue in the Operations Fund on a monthly basis on the 10th of the following month. C. F.DELEGATION OF AUTHORITY. Each party may enter into an agreement with the Shelter or another Party to administer the issuance of licenses, the collection and distribution of revenue, and the report periods. The parties hereby have delegated authority to the County to be the Licensing Administrator to issue licenses and collect fees for said dog licenses on behalf of all parties. A new Licensing Administrator may be appointed by written approval of the Shelter Board. If the Licensing Administrator appointed is not a party or the Shelter, the Shelter Board shall enter into an agreement with the entity chosen to be the Licensing Administrator to bind the new Licensing Administrator to the terms of this Amended IGA and any other terms deemed necessary by the Shelter Board. Alternatively, if the Licensing Administrator is a Party or the Shelter, the terms of Part 2., Section G. below shall apply. D. ADMINISTRATIVE COSTS: The costs to administer the issuance of licenses and the collection and distribution of license revenue shall be paid for by only those Parties that have adopted a dog licensing program. G. LICENSING ADMINISTRATOR'S ADMINISTRATIVE COSTS. On August 1st of each year this Amended IGA is in effect, the Licensing Administrator shall provide each Party with a statement of the Licensing Administrator's administrative costs directly attributable to the operation of the Dog Licensing Program from January 1st through December 31st of each year, and the projected administrative costs for the upcoming year shall be due to the Shelter Board for purposes of budgeting by the September Shelter Board meeting. The Licensing Administrator shall retain the amount of the Licensing Administrator's administrative costs from the Dog Licensing Program revenue on a monthly basis. The Licensing Administrator shall be entitled to payment for the cost of, at a maximum, one full time employee including salary, benefits and overhead. The Licensing Administrator employee position shall be Administrative Specialist I or II positions as currently defined by the County or equivalent positions. Any future staffing needs, beyond those currently listed above, require approval of the Shelter Board. The Licensing Administrator shall also be entitled to the cost of tags, mailers ( for new tags and renewals), postage, pricing, maintenance/updates of dog licensing software and miscellaneous office supplies, an any other costs directly attributable to the operation of the Dog Licensing Program. II. BOOKS AND RECORDS The Licensing Administrator shall maintain adequate and correct accounts of the funds, which accounts shall be open to inspection at any reasonable time by the parties hereto, their ATTACHMENT 1 10 Formatted: Footer, Right attorneys, or their agents. III. REPORTS A. COMPLIANCE RATE. As used herein, “Compliance Rate” shall mean the rate calculated by dividing 1. the number of licenses issued for dogs residing in a party' s Jurisdiction during a one year Reporting Period by 2. the Estimated Dog Population in each party' s Jurisdiction for the same Reporting Period. The target Compliance Rate for each Party is 20%. B. ANNUAL REPORT. By February 1st of each year, the Licensing Administrator shall prepare and present to the Shelter Board an annual report of the number of dogs licensed during the prior year in each party' s Jurisdiction, the estimated household population of each party ' s Jurisdiction as reported in the most current publication by the State Demographer' s Office, the Compliance Rate for each party" s Jurisdiction and the funds collected during the prior year. C, REPORTS REQUESTED BY THE PARTIES. The Licensing Administrator shall also render to the parties reports and accountings as the parties hereto may from time to time request. PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY A. DEBT SERVICE ASSESSMENT. 5.2 million dollars of the proceeds from the COPs issued by the County were used to partially pay the cost for construction of the Facility. The Parties agree that each City shall annually pay an assessment ("Debt Service Assessment') to the County to repay that portion of the debt service on the COPs attributable to the portion of the proceeds used to fund the construction of the Facility (the "Facility Debt Service") until the COPs are defeased. The Facility Debt Service schedule ("Schedule") is attached hereto as Exhibit B A and incorporated by reference. The Schedule may be modified if the COPs are refinanced as provided herein or to allow for prepayments or other events as deemed appropriate by all the Parties. Each City's annual Debt Service Assessment will be determined as follows: 1. Determine the Estimated Dog Population for each Party's Jurisdiction as of July 1 December 3rd of each year. 2. Add the Estimated Dog Population for all the Parties together to determine Commented [KN11]: Per shelter board ATTACHMENT 1 11 Formatted: Footer, Right the Total Dog Population. Determine what percentage each Party's Estimated Dog Population is compared to the Total Dog Population for all of the Parties' Jurisdictions combined ("Dog Population Percentage"). Each City shall pay the County a portion of the Facility Debt Service equal to that City's Dog Population Percentage. B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPs. ByNo later than August 1st of each year, the County shall prepare and present to the Shelter Board and the governing bodies of the other Parties a statement and invoice of the Facility Debt Service due from January I to December 31 for the upcoming year, each Party's Dog Population Percentage and the Debt Service Assessment of each Party. C. FACILITY DEBT SERVICE REPORT. The County shall provide the Parties with a report each year stating the amount received each year and the balance owing. D. APPROPRIATION AND PAYMENT OF FUNDS. The Parties agree to consider for appropriation the amounts computed as set forth above by the first day of January of the year during which said monies are to be paid to the County. The Parties agree to pay the amounts for the Facility Debt Service to the County by January 31st of the year during which said monies are to be paid by the County for the debt service. All payments to the County pursuant to this Amended IGA are subject to annual appropriation by both the County and each City hereto in the manner required by statute. It is the intention of the Parties that no multiple-year fiscal debt or other obligation be created by this Amended IGA. E. REPORTS REQUESTED BY THE PARTIES. The County shall also provide render to the other all Parties, at reasonable intervals, such other reports and accountings as the a PartyParties may from time to timetime-to-time request. F. REFINANCING. The County shall have the right to refinance the debt on the COPs if deemed beneficial to the County so long as the amount owed by the Cities for debt service does not increase due to the refinancing. PART 4. GENERAL CONTRACT TERMS I. DEFAULT IN PERFORMANCE A. DEFAULT. If any Party fails to make its Annual Contribution when due as provided in Part 1, Article VII or payments to the County as provided in Part 3 (“Shelter Funds”), or to perform any of its covenants and undertakings under this Amended IGA, the County or any other Party shall cause written notice to be given to the City Manager or the County Manager Commented [KN12]: Revised to clarify per question by Golden. Commented [KN13]: Date not provided in P1, A VII, Golden comment ATTACHMENT 1 12 Formatted: Footer, Right (as the case may be) to the defaulting Party at the defaulting Party’s official address of the defaulting Party of the termination of the Party's participation in the Amended IGA, unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said the default within said thirty (30) days period, the defaulting Party’s membership in the Amended IGA Shelter of the defaulting Party shall thereupon terminate, and said the defaulting Party shall thereafter have no voting rights as a member of the Shelter Board at any regular or special meeting thereto thereafter, nor be entitled to representation on the Shelter Board, and the said defaulting Party shall there afterthereafter be denied service by the Shelter. Further, the Licensing Administrator shall no longer provide licensing services to said defaulting the defaulting Party. The defaulting Party whose participation is terminated under this section of this Amended IGA shall forfeit all right, title, and interest in and to any Shelter Funds and any right, title or interest in and to any property of the Shelter to which said Party may otherwise be entitled upon the dissolution of this Amended IGA. If a Party is in default of this Amended IGA IGA for any reason other than nonappropriation of funds for non-payment of its Annual Contribution or its non-payment of its obligations payments to the County as provided for in Part 3, termination of the defaulting Party's participation in the Amended IGA shall not relieve the defaulting Party of the obligation to make the payments to the County as provided in Part 3 or it Annual Contribution that were due prior to the defaulting Party's termination. This Section is not intended to limit the right of any Party under this Amended IGA to pursue any or all other remedies it may have for breach of this Amended IGA. A Party who fails to make the payments required by Parts 2 or 3 for any reason other than nonappropriation of funds shall be obligated to pay all cost s of collection of said payment, including reasonable attorneys' fees. A City that fails to make the payments for any reason other than nonappropriation of funds shall be obligated to pay interest at a default rate of 10% plus all costs of collection of said payment, including reasonable attorneys' fees. B. PAYMENT DEFAULT/COPs. If any City fails to make the payments to the County when due other than for non-appropriation as set forth in Part 3, that City shall be in default. In the event of a payment default or non-appropriation by any of the Cities, the remaining Cities and County shall be responsible for the debt service amount owed by the defaulting non-appropriating City or Cities in the same ratio calculation set forth in Part 3 except the ratio shall be calculated without the defaulting Party or Parties inclusion in the ratio. II. TERM, RENEWAL AND TERMINATION OF AMENDED IGA A. TERM AND RENEWAL OF AMENDED IGA. As previously set forth in the 2012 Facility IGA, tThis Amended IGA shall remain in full force and effect for a term of 50 years from the date of full executionJuly , 2012 unless or until sooner terminated by two-thirds of the Parties. The Parties entering into this Amended IGA shall have the option to extend its term by amendment pursuant to Part 4, Section III below. Commented [KN14]: Removed per Shelter Board ATTACHMENT 1 13 Formatted: Footer, Right B. CONTINUATION OF SHELTER OPERATION/FEES FOR NON-PARTIES. All Shelter property and animals shall remain at the Facility under the terms of this Amended IGA. Non-parties Entities not Parties to this Amended IGA who have animals at the Shelter that were placed at the Shelter by the entity or residents living within the boundaries of the entity on the effective date of this Amended IGA shall pay a fee as set by the Shelter Board which may be per animal per day as long as said animal remains at the Shelter. C. TERMINATION BY WRITTEN NOTICE. This Amended IGA, or any Party's participation in this Amended IGA, may be terminated effective upon aby Party’s written notice from the Party or Parties to the Shelter Board at least 180 days prior to January 1st of any given calendar year. Any Party terminating its participation pursuant to this provision shall not be entitled to any reimbursement for said Parties' its contributions to the County, or the Shelter or the Licensing Administrator for capital costs, assessments or any operating costs previously paid by said Party or any dog licensing fees previously paid by its residents. Such Party shall be entitled to be readmitted to the membership of the Shelter if approved by the Shelter Board and if the terminated Party has paid all outstanding dollar amounts for which it is in the terminated Party is in arrears under the terms of this Amended IGA. D. TERMINATION WITHOUT REQUIRED NOTICE. If any Party elects to terminate its participation in this Amended IGA prior to the end of any period of this Amended IGA and not in accordance with subsection C of this section, such Party shall be considered in default of this Amended IGA and accordingly shall forfeit its entire contribution to the Shelter. Upon default, the defaulting Party shall forfeit all privileges and property that such Party obtained as a result of its membership in this Shelter. Should a defaulting Party, at some later date, seek readmission to the membership of the Shelter, such Party shall be required to meet the requirements and contributions of any new Party seeking membership pursuant to the terms of this Amended IGA. E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon termination by mutual agreement of two-thirds of the Parties, the powers granted to the Shelter under this Amended IGA shall continue to the extent necessary to make an effective disposition of the property, equipment, and animals under this Amended IGA. If the Amended IGA is terminated, the Shelter and the County shall cause the Lease Agreement with the County to be terminated. F. F. STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS PAYMENT OF SHELTER LIABILITIES. Upon termination of this Amended IGA by mutual agreement of two-thirds of the Parties, the Lease Agreement shall terminate in accordance with its terms and improvements thereon located in Jefferson County shall revert to Jefferson County for its use and ownership. Any cost for liabilities incurred by the Shelter during the termination of this Amended IGA and as an expense of termination shall be borne by each Party to the Formatted: Font: Not Highlight ATTACHMENT 1 14 Formatted: Footer, Right Amended IGA in the same proportion as it is required to contribute to the Total Annual Contribution in Part 1 Section VII, whether such assessments have terminated or not except, if the debt service on the COPs is not fully paid, the County shall not pay any part of the remaining Shelter liability and the proportion of each City shall be adjusted to pay the full amount of the Shelter liability without the County participation. G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIATION. Termination fof the Amended IGA for any reason other than nonappropriation of funds shall not relieve the terminating Party of the obligation to make its Annual Contribution as provided in Part 1 or pay the Party's assessment to the County as provided in Part 3. H. DISBURSEMENT OF FUNDS UPON TERMINATION. If this Amended IGA is terminated, the Shelter shall pay any funds it holds beyond its expenses incurred prior to the termination of this Amended IGA to the County to cover any remaining costs of the debt service on the COPs. This provision and the provisions of Part 2, Article I, Section G; Part 1, Article VII; Part 3; d Part 4, Article I and Article II, shall survive termination of this Amended IGA. III. AMENDMENT This amended IGA may be amended at any time in writing by unanimous agreement of theall the Parties to this Amended IGA. IV. SEVERABILITY CLAUSE If any provision in this Amended IGA shall be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other part or provision hereof which can be given effect without the invalid provision, and to this end, the provisions of the Amended IGA are declared to be severable. Provisions of this Amended IGA or the application thereof to any Party or circumstances are held invalid, such invalidity shall not affect other provisions or applications of the Amended IGA which can be given effect without the invalid provision or application, and to this end, the provisions of the Amended IGA are declared to be severable. V. COUNTERPARTS This Amended IGA may be signed in counterparts, and each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. The Amended IGA shall not be effective until executed by all Parties. VI. NO THIRD PARTY BENEFICIARIES ATTACHMENT 1 15 Formatted: Footer, Right Except as otherwise stated herein, this Amended IGA is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as Parties, limit in any way governmental immunity and other limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of any other entity not a Party hereto. Nothing contained herein shall be deemed to create a partnership or joint venture between the Parties with respect to the subject matter here ofhereof. VII. SUPERSEDES AND TERMINATES PRIOR AGREEMENTS This Amended IGA supersedes and replaces all prior agreements dealing with formation of the Shelter including, but not limited to, the Dog Licensing IGA, Facility Funding IGA, and the 2012 Facility IGA, the 2022 IGA, and any amendments to those IGAs. VIII. NONDISCRIMINATIONORY POLICY The Shelter shall make its services, facilities, and programs available to all persons regardless of race, color, religion, sex, national origin, age, disability, sexual orientation, genetic information, or any other status protected by Federal or State law. race, color, age, creed, national origin, sex, or disability. IX. NO GENERAL OBLIGATION INDEBTEDNESS Because this Amended IGA will extend beyond the current fiscal year, the Parties understand and intend that the obligation of the Parties to pay any costs hereunder constitutes a current expense of the Parties payable exclusively from the Parties' funds and shall not in any way be construed to be a general obligation indebtedness of the Parties within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. None of the Parties have pledged the full faith and credit of the state, or the Parties to the payment of the charges hereunder, and this Amended IGA shall not directly or contingently obligate the Parties to apply money from, or levy or pledge any form of taxation to, the payment of any costs. X. NO ASSUMPTION OF LIABILITIES By entering into and performing under this Amended IGA no Party is assuming any liability for the acts or omissions of any other Party or third Parties. XI. ELECTRONIC SIGNATURES The Parties approve the use of electronic signatures for execution of this Amended IGA. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, ATTACHMENT 1 16 Formatted: Footer, Right C.R.S. §24-71.3-101 through §24-71.3-121. ATTACHMENT 1 17 Formatted: Footer, Right IN WITNESS WHEREOF, the Parties have executed this Amended IGA. COUNTY OF JEFFERSON, STATE OF COLORADO CITY OF ARVADA, STATE OF COLORADO CITY OF LAKEWOOD, STATE OF COLORADO CITY OF GOLDEN, STATE OF COLORADO CITY OF WHEAT RIDGE, STATE OF COLORADO CITY OF WESTMINSTER, STATE OF COLORADO CITY OF EDGEWATER, STATE OF COLORADO ATTACHMENT 1 18 Formatted: Footer, Right EXHIBIT A Facility Debt Service Schedule (See Attached) ATTACHMENT 1 19 Formatted: Footer, Right 1 INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITIES OF ARVADA, LAKEWOOD, WHEAT RIDGE, GOLDEN, WESTMINSTER AND EDGEWATER ANIMAL SHELTER/DOG LICENSING /FUNDING THIS AMENDED INTERGOVERNMENTAL AGREEMENT (“Amended IGA”), dated for reference purposes only this________, 2024, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the “County”); the CITY OF ARVADA, a municipal corporation (“Arvada”); the CITY OF LAKEWOOD, a municipal corporation (“ Lakewood” ); the CITY OF WHEAT RIDGE, a municipal corporation (“ Wheat Ridge”) ; and the CITY OF GOLDEN, a municipal corporation (“Golden” ); and the CITY OF WESTMINSTER, a municipal corporation (“Westminster”); and the CITY OF EDGEWATER, a municipal corporation (“Edgewater”)(collectively, the “Parties” and individually a “Party”)(Arvada, Lakewood, Wheat Ridge, Golden, Westminster, and Edgewater may be referred to individually as a “City” or collectively as the “Cities”). RECITALS 1.C.R.S. Section 30-15-101(1) authorizes the board of county commissioners of each county to establish an animal holding facility and engage personnel to operate it, provide for the impoundment of animals, and to establish terms and conditions for the release orother disposition of impounded animals. 2.C.R.S. Section 30-15-101(2) authorizes counties and municipalities to enter into anintergovernmental agreement to provide for the control, licensing, impounding, or disposition of pet animals or to provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control licensing resolution or ordinance. 3.C.R.S. Section 31-15-401 (m)(I) authorizes municipalities to regulate and control animalswithin the municipality including, but not limited to, licensing, impoundment, anddisposition of impounded animals. 4.Part 2 of Article I of Title 29, C.R.S. permits and encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating andcontracting with other governments 5.Part 2 of Article I of Title 29, C.R.S. authorizes governments to contract with one anotherto provide any function, service, or facility lawfully authorized to each of the contracting units through the establishment of a separate legal entity. ATTACHMENT 2 2 6. Pursuant to C.R.S. Section 30-11-107(1) the Parties are authorized to enter into agreements for the joint use and occupation of public buildings. 7. Parties (except Edgewater) entered into an Intergovernmental Agreement for Implementation of a County-Wide Dog Licensing Program (“Dog Licensing IGA”) which established a “Dog Licensing Program” and provided that the revenue from licensing would be used to construct a new animal shelter facility due to the deterioration of the prior facility. 8. On January 1, 2009, the Parties (except Edgewater) entered into an Intergovernmental Agreement for the Reimbursement Costs Associated with the Construction of the Table Mountain Animal Center f/n/a Jefferson Animal Shelter n/k/a Foothills Animal Shelter (“Facility Funding IGA”), in which the County agreed (1) to issue Certificates of Participation ("COPs") in the amount of $5,200,000 which expire in 2029; (2) contribute $3,000,000; and, (3) to provide additional financing in the amount of $1,500,000. In accordance with the terms of the Facility Funding IGA, the Cities have repaid the County the $1,500,000. 9. On August 15, 2012, the Parties entered into an Animal Shelter/Dog Licensing/Funding Intergovernmental Agreement (“2012 Facility IGA”) that renamed Table Mountain Animal Center the Foothills Animal Shelter (“Shelter”). The 2012 Facility IGA, provided that the Parties were to no longer pay annual assessments for the operation of the Shelter, to instead use Dog Licensing Program revenues for the operation of the Shelter, and to provide for repayment of the COPs by the Cities to the County. 10. On February 3, 2022, the Parties entered in an Amended and Restated Animal Shelter/Dog Licensing/Funding IGA (“2022 IGA”) which amended and restated the 2012 Facility IGA and superseded and terminated the 2007 Dog Licensing IGA to, in part, provide for the Parties to pay an annual assessment for the operation of the Shelter and use the revenue from the Dog Licensing Program to offset the cost of operating the Shelter. 11. By this Amendment, the Parties desire to amend the 2022 IGA as set forth hereinafter, to make participation in the Dog Licensing Program optional, remove licensing requirements, set an assessment calculation that is predictable for the Parties, and to authorize the development at a later date, an IGA that includes the Shelter as a party to establish operational terms (Operations IGA). NOW, THEREFORE, in consideration of the mutual covenants and agreement of the Parties hereinafter contained, the receipt and sufficiency of which are hereby confessed, it is understood and agreed as follows: 3 PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION I. GENERAL PROVISIONS A. ESTABLISHMENT OF FOOTHILLS ANIMAL SHELTER. The Parties reaffirm the establishment of the separate legal entity known as the Foothills Animal Shelter, which is responsible for the administration and operation of the Shelter and the Facility. B. FACILITY LEASE. The Shelter entered into the Lease Agreement dated August 9, 2010 (“Lease Agreement”) with the County for the Facility located at 580 McIntyre Street, Golden CO 80401. The Shelter, for the purpose of, organizing, administering, and operating the central animal facility on the land so leased, will improve, maintain, and operate the Facility as provided herein and as provided in the Lease Agreement. C. JURISDICTION. As used herein, the “Jurisdiction” of each City shall be the area within its municipal boundaries. The Jurisdictions of Arvada and Westminster include the areas within their respective municipal boundaries within Adams County and Jefferson County. The Jurisdiction of the County shall be the unincorporated area of the County. II. POWERS OF THE SHELTER A. GENERAL POWERS. The Parties hereto agree the Shelter shall be empowered with the authority to improve, construct, maintain, repair, control, regulate, and operate the Facility within Jefferson County, Colorado, as a complete animal shelter for the use and benefit of the Parties to this Agreement and their constituents. B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL PROGRAMS. The principal purposes of the Shelter are (1) to retain in temporary custody and to provide for the subsequent adoption or disposition of animals taken into possession by the respective governing bodies or animals tendered to the Shelter by residents of the respective governing bodies, and (2) to provide educational, volunteer and related programs to individuals and the community to promote responsible pet ownership. As used herein, the term "animals" includes dogs, cats, and all other domestic animals. C. POWER TO ESTABLISH CLINICS FOR ANIMAL WELFARE PURPOSES. In addition to providing temporary custody for animals as set forth above, the Shelter shall have the authority to establish a clinic for the purpose of spaying and neutering animals, or for any other animal welfare related purposes as deemed appropriate by the governing board of directors for the Shelter (the "Shelter Board"). D. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The Parties further agree the Shelter shall have the authority to contract and purchase all necessary supplies, equipment, 4 materials, and services, including professional services, and further to hire and discharge employees as deemed necessary to operate the Shelter. The Shelter shall have the power to contract with other governing bodies who are not Parties to this Amended IGA to provide the same services provided to the Parties. Any Party, individually or collectively, may enter into an Operational Agreement with the Shelter to set standards and protocols for services necessary for animal control operations, as approved by the Shelter Board. E. POWER TO SET FEES. The Shelter Board shall set the fees to be charged for services. Such fees shall be uniform and reasonable and shall supersede any fees previously established by the Parties. The Shelter Board shall set the fees for services provided to non-parties to this Agreement which fees shall include the costs for operation and maintenance of the Shelter and capital costs of the Facility. F. POWER TO LEASE PROPERTY. The Parties hereto agree the Shelter is empowered to negotiate and enter into a lease of the Facility which is suitable for an animal facility and additional property if necessary. III. BOARD OF DIRECTORS A. POWERS. The Shelter Board shall exercise all powers, privileges and duties vested in the Shelter. Only Parties to this Amended IGA shall be entitled to appoint a Director to serve on the Shelter Board. B. APPOINTMENTS. Each Party shall designate and appoint one Director to serve on the Shelter Board. Each Director shall be in regular attendance and participate in Shelter meetings and activities. Each Director shall serve in accordance with the terms and conditions set forth by the appointing Party. Each Party may also appoint an alternate board member. C. ELECTION OF OFFICERS. At the annual meeting of the Shelter Board, regularly scheduled in May of each year, the Shelter Board shall elect from its membership a President, a Vice President and President pro tem, a Secretary and a Treasurer, who will assume office at the meeting following the election. These officers shall serve until their successors have been elected. The officers shall be elected by an affirmative vote of a majority of the Shelter Board. D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have the power to promulgate bylaws and policies and procedures which shall establish the organizational rules and policies and procedures for the management and operation of the Shelter. IV. CAPITAL IMPROVEMENT FUND The Shelter has established or shall establish a “Capital Improvement Fund” (“CIF”) 5 equal to a minimum of Five Hundred Thousand Dollars ($500,000) ("Minimum Threshold"). The authorized uses of the CIF include but are not limited to replacement of capital equipment, procurement of new capital equipment, and improvement or expansion of the Facility. If CIF funds are expended bringing the fund balance below the Minimum Threshold, the Shelter Board shall return the CIF fund balance to the Minimum Threshold as soon as funds become available but no later than two years from the date the CIF fund fell below the Minimum Threshold. The Shelter Board may adjust the Minimum Threshold above $500,000 on an annual basis if approved by a two-thirds vote of the Directors. Any adjustment of the Minimum Threshold below $500,000 shall require unanimous approval by the Directors. V. CONTINGENCY/EMERGENCY FUND ESTABLISHED The Shelter shall maintain a contingency/emergency fund (“Emergency Fund”) with a minimum fund balance equal to three months of the prior year’s operating expenses ("Minimum Balance"). The Emergency Fund shall be used to defray the costs of unanticipated operating expense shortfalls. If funds are expended from the Emergency Fund, the Fund shall be returned to the Minimum Balance as soon as funds become available but no later than two years from the date the fund fell below the Minimum Balance. VI. BUDGET Each year, the Shelter shall prepare a preliminary budget and submit said budget to the Shelter Board. The budget shall contain detailed estimates of the operating costs of the subsequent year. The proposed budget shall be presented to the Shelter Board on or before September 30th of each year. The budget shall be approved by the Shelter Board on or by November 30th of each year and shall be certified by the secretary and treasurer of the Shelter Board. The final budget shall be provided to each of the Parties’ governing bodies no later than December 1 of each year. VII. OPERATIONS FUND AND SHELTER OPERATIONS A. DESIGNATION OF OPERATIONS FUND. The Parties agree that the various monies paid to the Shelter from all sources of revenue including but not limited to annual assessments and any monies generated by the Shelter, shall be placed into a fund designated for operating expenses ("Operations Fund''), and any operating expenses of the Shelter shall be paid from the Operations Fund. B. ANNUAL CONTRIBUTION TO OPERATIONS FUND 1. The Parties’ total “Annual Contribution” to the Shelter which shall be placed 6 in the Operations Fund, is $1,600,000. If the Shelter Board determines an increase is necessary due to inflation or operational changes, the Shelter Board may request in writing that the Parties consider an increase. The Parties shall have 30 days to consider the request, and if a majority of the Parties vote in favor of the increase at a duly constituted meeting of the Shelter Board, an IGA amendment is not required. Any request for an increase in the total Annual Contribution must be made no later than July 1. Annual Contributions shall be communicated to the Parties no later than August 1. 2. Each Party's Annual Contribution. Each Party's individual portion of the Annual Contribution shall be calculated based on the "Estimated Dog Population" of its Jurisdiction divided by the sum of the Parties' Estimated Dog Populations. A Party's Estimated Dog Population is calculated as follows: Total Number of Households* of the Jurisdiction x 0.47** x 1.6*** * Current Colorado State Demography Office data, to be updated yearly beginning on July I. ** Estimated dog population per US Pet Ownership demographic source book. *** Estimated dogs per household per US Pet Ownership demographic source book. 3. Licensing revenue held by the Shelter can be used to reduce a Party’s Annual Contribution. The market value of in-kind donations of property or services can reduce a Party’s Annual Contribution if approved by the Shelter. C. CHOICE OF DEPOSITORY. All monies held by the Shelter or designated for use by the Shelter shall be deposited in the name and to the credit of the Shelter with FDIC-insured commercial bank depositories as the Shelter shall from time to time designate. D. FISCAL RESPONSIBILITY. The Shelter shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate fund, credited to the Shelter, with which to pay the same. The provisions and terms set forth in Part 3 of this Amended IGA shall not be considered debt of the Shelter. 7 VIII. BOOKS AND RECORDS A. RECORD KEEPING. The Shelter shall maintain adequate and correct accounts of its funds, properties, and business transactions, which accounts shall be open to inspection at any reasonable time by the Parties hereto, their attorneys, or their agents. B. ANNUAL AUDIT. The Shelter shall cause to be conducted an “Annual Audit” within 90 days after the end of the fiscal year. The Shelter’s fiscal year shall be the calendar year. The Annual Audit shall be conducted by an independent certified public accountant, registered accountant, or partnership, or certified public accountants, or registered accountants licensed to practice in the State of Colorado. The Shelter shall tender a copy of the Annual Audit to the Parties’ governing bodies within 30 days after its completion IX. REPORTS A. ANNUAL REPORT. By June 1st of each year the Shelter shall prepare a comprehensive “Annual Report” of the Shelter's activities and finances during the preceding year and tender a copy of the Annual Report to the Parties’ governing bodies. B. REPORTS REQUIRED BY LAW, REGULATION OR CONTRACT. The Shelter shall also prepare and present such reports as may be required by law, regulation, or contract to any authorized federal, state, or local officials to whom such report is required to be made in the course and operation of the Shelter. C. REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to the all Parties such reports and accountings as a Party may from time-to-time request. PART 2. DOG LICENSING PROGRAM I. DOG LICENSING PROGRAM A. ORDINANCE ADOPTION. Each Party may adopt an ordinance which establishes a dog licensing program and penalties within its jurisdiction. B. ENFORCEMENT. Each Party shall be responsible for enforcement of the penalties for its dog licensing ordinance within their own jurisdiction.. C. DELEGATION OF AUTHORITY. Each party may enter into an agreement with the Shelter or another Party to administer the issuance of licenses, the collection and distribution of revenue, and the report periods. D. ADMINISTRATIVE COSTS: The costs to administer the issuance of licenses and the collection and distribution of license revenue shall be paid for by only those Parties that 8 have adopted a dog licensing program. PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY A. DEBT SERVICE ASSESSMENT. 5.2 million dollars of the proceeds from the COPs issued by the County were used to partially pay the cost for construction of the Facility. The Parties agree that each City shall annually pay an assessment ("Debt Service Assessment') to the County to repay that portion of the debt service on the COPs attributable to the portion of the proceeds used to fund the construction of the Facility (the "Facility Debt Service") until the COPs are defeased. The Facility Debt Service schedule ("Schedule") is attached hereto as Exhibit A and incorporated by reference. The Schedule may be modified if the COPs are refinanced as provided herein or to allow for prepayments or other events as deemed appropriate by all the Parties. Each City's annual Debt Service Assessment will be determined as follows: 1. Determine the Estimated Dog Population for each Party's Jurisdiction as of July 1 of each year. 2. Add the Estimated Dog Population for all the Parties together to determine the Total Dog Population. Determine what percentage each Party's Estimated Dog Population is compared to the Total Dog Population for all of the Parties' Jurisdictions combined ("Dog Population Percentage"). Each City shall pay the County a portion of the Facility Debt Service equal to that City's Dog Population Percentage. B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPs. No later than August 1st of each year, the County shall prepare and present to the Shelter Board and the governing bodies of the other Parties a statement and invoice of the Facility Debt Service due from January I to December 31 for the upcoming year, each Party's Dog Population Percentage and the Debt Service Assessment of each Party. C. FACILITY DEBT SERVICE REPORT. The County shall provide the Parties with a report each year stating the amount received each year and the balance owing. D. APPROPRIATION AND PAYMENT OF FUNDS. The Parties agree to consider for appropriation the amounts computed as set forth above by the first day of January of the year during which said monies are to be paid to the County. The Parties agree to pay the amounts for the Facility Debt Service to the County by January 31st of the year during which said monies are to be paid by the County for the debt service. All payments to the County pursuant to this Amended IGA are subject to annual appropriation by both the County and each 9 City hereto in the manner required by statute. It is the intention of the Parties that no multiple-year fiscal debt or other obligation be created by this Amended IGA. E. REPORTS REQUESTED BY THE PARTIES. The County shall provide the all Parties, such other reports and accountings as the a Party may from time-to-time request. F. REFINANCING. The County shall have the right to refinance the debt on the COPs if deemed beneficial to the County so long as the amount owed by the Cities for debt service does not increase due to the refinancing. PART 4. GENERAL CONTRACT TERMS I. DEFAULT IN PERFORMANCE A. DEFAULT. If any Party fails to make its Annual Contribution or payments to the County as provided in Part 3 (“Shelter Funds”), or to perform any of its covenants and undertakings under this Amended IGA, the County or any other Party shall cause written notice to be given to the City Manager or the County Manager (as the case may be) to the defaulting Party at the defaulting Party’s official address of the termination of the Party's participation in the Amended IGA, unless default is cured within thirty (30) days from the date of notice. Upon failure to cure the default within thirty (30) days, the defaulting Party’s membership in the Amended IGA shall terminate, and the defaulting Party shall have no voting rights as a member of the Shelter Board at any regular or special meeting thereafter, nor be entitled to representation on the Shelter Board, and the defaulting Party shall thereafter be denied service by the Shelter. The defaulting Party whose participation is terminated under this section of this Amended IGA shall forfeit all right, title, and interest in and to any Shelter Funds and any right, title or interest in and to any property of the Shelter to which said Party may otherwise be entitled upon the dissolution of this Amended IGA. If a Party is in default of this Amended IGA for non- payment of its Annual Contribution or its non-payment of its obligations to the County as provided for in Part 3, termination of the defaulting Party's participation in the Amended IGA shall not relieve the defaulting Party of the obligation to make the payments to the County as provided in Part 3 or it Annual Contribution that were due prior to the defaulting Party's termination. This Section is not intended to limit the right of any Party under this Amended IGA to pursue any or all other remedies it may have for breach of this Amended IGA. A Party who fails to make the payments required by Parts 2 or 3 for any reason other than nonappropriation of funds shall be obligated to pay all costs of collection of said payment, including reasonable attorneys' fees. A City that fails to make the payments for any reason other than nonappropriation of funds shall be obligated to pay interest at a default rate of 10% plus all costs of collection of said payment, including reasonable attorneys' fees. B. PAYMENT DEFAULT/COPs. If any City fails to make the payments to the County when due other than for non-appropriation as set forth in Part 3, that City shall be in default. In 10 the event of a payment default or non-appropriation by any of the Cities, the remaining Cities and County shall be responsible for the debt service amount owed by the defaulting non-appropriating City or Cities in the same ratio calculation set forth in Part 3 except the ratio shall be calculated without the defaulting Party or Parties inclusion in the ratio. II. TERM, RENEWAL AND TERMINATION OF AMENDED IGA A. TERM AND RENEWAL OF AMENDED IGA. This Amended IGA shall remain in full force and effect for a term of 50 years from the date of full execution unless terminated by two-thirds of the Parties. The Parties entering into this Amended IGA shall have the option to extend its term by amendment pursuant to Part 4, Section III below. B. CONTINUATION OF SHELTER OPERATION/FEES FOR NON-PARTIES. All Shelter property and animals shall remain at the Facility under the terms of this Amended IGA. Non-parties to this Amended IGA who have animals at the Shelter that were placed at the Shelter by the entity or residents living within the boundaries of the entity on the effective date of this Amended IGA shall pay a fee as set by the Shelter Board as long as said animal remains at the Shelter. C. TERMINATION BY WRITTEN NOTICE. This Amended IGA, or any Party's participation in this Amended IGA, may be terminated upon a Party’s written notice to the Shelter Board at least 180 days prior to January 1st of any calendar year. Any Party terminating its participation pursuant to this provision shall not be entitled to any reimbursement for its contributions to the County, or the Shelter for capital costs, assessments or any operating costs previously paid by said Party or any dog licensing fees previously paid by its residents. Such Party shall be entitled to be readmitted to the membership of the Shelter if approved by the Shelter Board and if the terminated Party has paid all outstanding amounts for which it is in arrears under this Amended IGA. D. TERMINATION WITHOUT REQUIRED NOTICE. If any Party elects to terminate its participation in this Amended IGA prior to the end of any period of this Amended IGA and not in accordance with subsection C of this section, such Party shall be considered in default of this Amended IGA and accordingly shall forfeit its entire contribution to the Shelter. Upon default, the defaulting Party shall forfeit all privileges and property that such Party obtained as a result of its membership in this Shelter. Should a defaulting Party, at some later date, seek readmission to the membership of the Shelter, such Party shall be required to meet the requirements and contributions of any new Party seeking membership pursuant to the terms of this Amended IGA. E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon termination by agreement of two-thirds of the Parties, the powers granted to the Shelter under this Amended IGA shall continue to the extent necessary to make an effective disposition of the 11 property, equipment, and animals under this Amended IGA. If the Amended IGA is terminated, the Shelter and the County shall cause the Lease Agreement with the County to be terminated. F. F. STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS PAYMENT OF SHELTER LIABILITIES. Upon termination of this Amended IGA by agreement of two-thirds of the Parties, the Lease Agreement shall terminate in accordance with its terms and improvements thereon located in Jefferson County shall revert to Jefferson County for its use and ownership. Any cost for liabilities incurred by the Shelter during the termination of this Amended IGA and as an expense of termination shall be borne by each Party to the Amended IGA in the same proportion as it is required to contribute to the Total Annual Contribution in Part 1 Section VII, whether such assessments have terminated or not except, if the debt service on the COPs is not fully paid, the County shall not pay any part of the remaining Shelter liability and the proportion of each City shall be adjusted to pay the full amount of the Shelter liability without the County participation. G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIATION. Termination of the Amended IGA for any reason other than nonappropriation of funds shall not relieve the terminating Party of the obligation to make its Annual Contribution as provided in Part 1 or pay the Party's assessment to the County as provided in Part 3. H. DISBURSEMENT OF FUNDS UPON TERMINATION. If this Amended IGA is terminated, the Shelter shall pay any funds it holds beyond its expenses incurred prior to the termination of this Amended IGA to the County to cover any remaining costs of the debt service on the COPs. This provision and the provisions of Part 2, Article I, Section G; Part 1, Article VII; Part 3; d Part 4, Article I and Article II, shall survive termination of this Amended IGA. III. AMENDMENT This amended IGA may be amended at any time in writing by unanimous agreement of the Parties. IV. SEVERABILITY CLAUSE If any provision in this Amended IGA shall be declared by a court of competent jurisdiction to be invalid, such decision shall not invalidate any other part or provision hereof which can be given effect without the invalid provision, and to this end, the provisions of the Amended IGA are declared to be severable. V. COUNTERPARTS This Amended IGA may be signed in counterparts, and each counterpart shall be deemed an original, and all the counterparts taken as a whole shall constitute one and the same 12 instrument. The Amended IGA shall not be effective until executed by all Parties. VI. NO THIRD PARTY BENEFICIARIES Except as otherwise stated herein, this Amended IGA is intended to describe the rights and responsibilities of and between the Parties and is not intended to, and shall not be deemed to, confer rights upon any persons or entities not named as Parties, limit in any way governmental immunity and other limited liability statutes for the protection of the Parties, nor limit the powers and responsibilities of any other entity not a Party hereto. Nothing contained herein shall be deemed to create a partnership or joint venture between the Parties with respect to the subject matter hereof. VII. SUPERSEDES AND TERMINATES PRIOR AGREEMENTS This Amended IGA supersedes and replaces all prior agreements dealing with formation of the Shelter including, but not limited to, the Dog Licensing IGA, Facility Funding IGA, and the 2012 Facility IGA, the 2022 IGA, and any amendments to those IGAs. VIII. NONDISCRIMINATION The Shelter shall make its services, facilities, and programs available to all persons regardless of race, color, religion, sex, national origin, age, disability, sexual orientation, genetic information, or any other status protected by Federal or State law. IX. NO GENERAL OBLIGATION INDEBTEDNESS Because this Amended IGA will extend beyond the current fiscal year, the Parties understand and intend that the obligation of the Parties to pay any costs hereunder constitutes a current expense of the Parties payable exclusively from the Parties' funds and shall not in any way be construed to be a general obligation indebtedness of the Parties within the meaning of any provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness. None of the Parties have pledged the full faith and credit of the state, or the Parties to the payment of the charges hereunder, and this Amended IGA shall not directly or contingently obligate the Parties to apply money from, or levy or pledge any form of taxation to, the payment of any costs. X. NO ASSUMPTION OF LIABILITIES By entering into and performing under this Amended IGA no Party is assuming any liability for the acts or omissions of any other Party or third Parties. 13 XI. ELECTRONIC SIGNATURES The Parties approve the use of electronic signatures for execution of this Amended IGA. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Act, C.R.S. §24-71.3-101 through §24-71.3-121. 14 IN WITNESS WHEREOF, the Parties have executed this Amended IGA. COUNTY OF JEFFERSON, STATE OF COLORADO CITY OF ARVADA, STATE OF COLORADO CITY OF LAKEWOOD, STATE OF COLORADO CITY OF GOLDEN, STATE OF COLORADO CITY OF WHEAT RIDGE, STATE OF COLORADO CITY OF WESTMINSTER, STATE OF COLORADO CITY OF EDGEWATER, STATE OF COLORADO 15 EXHIBIT A Facility Debt Service Schedule (See Attached) 16 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 35 Series of 2024 TITLE: A RESOLUTION APPROVING AN AMENDED INTERGOVERNMENTAL AGREEMENT CONCERNING ANIMAL SHELTERING, DOG LICENSING AND FUNDING OF THE FOOTHILLS ANIMAL SHELTER WHEREAS, the City of Wheat Ridge, Colorado (the “City), acting through its City Council (“Council”) is a home rule municipality with statutory and constitutional authority to enact ordinances and enter into agreements for the protection of the public health, safety and welfare; and WHEREAS, pursuant to its home rule authority under Section 6, Article XX of the Colorado Constitution and C.R.S. § 31-15-401, the City is authorized to provide law enforcement services, including animal control services; and WHEREAS, in performing such animal control services, the City has the periodic need to issue dog licenses and to detain and shelter animals; and WHEREAS, since 2007 and in accordance with Part 2, Article 1, Title 29, C.R.S., the City has cooperated with Jefferson County and other area municipalities to cooperatively fund and provide animal licensing and sheltering services through an intergovernmental agreement (IGA) and the creation of the separate legal entity known as the Foothills Animal Shelter (FAS); and WHEREAS, over the past fifteen years, the logistics, practices and capital improvement needs of the FAS have grown and changed, and it is necessary to reflect the latest understanding among the parties concerning how the FAS will be funded and operated; and WHEREAS, the Council recognizes and affirms the value and benefit of the availability of FAS as a City resource when needed, and therefore wishes to continue to participate in the IGA to mutually fund and sustain the FAS; and WHEREAS, Section 14.2 of the Wheat Ridge Home Rule Charter authorizes the Council, acting by resolution or ordinance, to approve such IGA. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council Section 1. IGA approved. The Amended Intergovernmental Agreement Between Jefferson County and the Cities of Arvada, Lakewood, Wheat Ridge, Golden, Westminster and Edgewater for Animal Shelter/Dog Licensing/Funding, a copy of which is attached as Exhibit A, is ATTACHMENT 3 2 hereby approved. The Mayor and City Clerk are authorized and directed to execute the same. Section 2. Effective date. This Resolution shall be effective upon adoption. DONE AND RESOLVED this ____ day of ______________, 2024. Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk Exhibit A 3 Amended Intergovernmental Agreement Between Jefferson County and the Cities of Arvada, Lakewood, Wheat Ridge, Golden, Westminster and Edgewater for Animal Shelter/Dog Licensing/Funding [attached] ITEM NO: 7 DATE: July 22, 2024 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO THE IDEA COMMITTEE PUBLIC HEARING ORDINANCES FOR 1ST READING BIDS/MOTIONS ORDINANCES FOR 2ND READING RESOLUTIONS QUASI-JUDICIAL: YES NO City Manager ISSUE: The City Council appoints members to the City's Committees annually and as needed throughout the year to fill vacancies. The newly created Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee is comprised of ten members and one non-voting City Council Liaison. Staff have received nine applications to serve on the Committee. As a Hybrid Committee, the City Council may appoint four district representative positions and ratify staff's nominations. Additionally, the Mayor may appoint a non-voting City Council Liaison. PRIOR ACTION: On April 3, 2023, the Council reached consensus to accept the 2021-2023 Race and Equity Task Force’s Recommendation Report, and to schedule a future meeting to discuss creating an advisory committee to continue the work of the task force. On August 7, 2023, the Council reached consensus to create the Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee. The Committee was tasked with the responsibility of advising the City Council on policies and practices as well as organizing events that promote IDEA in the community. On October 2, 2023, the Council reached consensus that the IDEA Committee would be a Hybrid Committee and directed staff to use an approved application to screen interested candidates. On February 26, 2024, the Committee’s hybrid status was affirmed by the adoption of corresponding bylaws. Council Action Form – IDEA Committee Appointments July 22, 2024 Page 2 FINANCIAL IMPACT: None. BACKGROUND: Following the tragic death of George Floyd on May 25, 2020, the City of Wheat Ridge took action by passing a resolution condemning racism and hate at the June 22, 2020, Council Meeting. Recognizing the need for further action, on September 21, 2020, Council directed staff to create a Race and Equity Task Force. The task force was assigned to review City policies, services, and ordinances as well as inequities in community systems and develop recommendations to make Wheat Ridge a more inclusive and responsive community. The Council appointed 20 members to the task force in February 2021. These members met twice a month for two years to work on their assigned tasks. On April 3, 2023, the task force completed their assignment by presenting the Council with a report containing more than one hundred recommendations. Thereafter, the Council reached consensus to accept the report and create an advisory committee to continue the work of the task force. On August 7, 2023, the Council reached consensus to create the Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee and approved its scope of work which is stated below: • Advise the City Council on policies and practices to make Wheat Ridge a more diverse, equitable, inclusive, and accessible community. • Advise the City Council on the implementation of the 2023 Race and Equity Task Force Recommendation Report. • Act as a liaison between the community and the City Council, to bring forward issues and solutions related to diversity, equity, inclusion, and accessibility in the City of Wheat Ridge. • Organize events and activities that promote diversity, equity, inclusion, and accessibility. • Promote diversity, equity, inclusion, and accessibility programs to the community. • Foster mutual respect and understanding of all persons. On October 2, 2023, the Council reached consensus that the IDEA Committee would be a Hybrid Committee. As a result, committee members will adhere to a term limit of two (2) three (3) year terms. To maintain continuity and institutional knowledge despite turnover, staff has organized the recommended motions for appointments to stagger terms. Due to the mid-term appointment rules stated in the Committee’s bylaws, appointments expiring on March 1, 2026, and March 1, 2027, will be considered to have served one full term when they expire. However, appointments expiring on March 1, 2025, will not be considered to have served one full term when they expire. Upon the appointment of members, staff anticipates that the inaugural meeting of the committee will take place in the third quarter of 2024. Council Action Form – IDEA Committee Appointments July 22, 2024 Page 3 RECOMMENDATIONS: Staff recommends appointing members to fill open positions on the IDEA Committee as stated below. RECOMMENDED MOTIONS: District I: Motion by CM Hoppe, 2nd by CM Snell “I move to appoint Morgan Richards to fill the vacant District I position of the IDEA Committee, term to expire March 1, 2027.” District II: Motion by CM Hultin, 2nd by CM Ohm “I move to appoint Jae Kim to fill the vacant District II position of the IDEA Committee, term to expire March 1, 2027.” District III: Motion by CM Weaver, 2nd by CM Stites “I move to appoint Diana Lopez to fill the vacant District III position of the IDEA Committee, term to expire March 1, 2027.” District IV: Motion by CM Dozeman, 2nd by CM Larson “I move to appoint Lin Browning to fill the vacant District IV position of the IDEA Committee, term to expire March 1, 2027.” At-Large: Motion by CM Snell “I move to ratify the staff nominated appointments of the IDEA Committee as follows: • Appointment of Gretchen Trefz from District II for an at-large position, term to expire March 1, 2026. • Appointment of Pamela Goff for an at-large, non-resident, position, term to expire March 1, 2026. • Appointment of Alex Gouldsmith from District II for an at-large position, term to expire March 1, 2026. • Appointment of Samantha Cook from District I for an at-large position, term to expire March 1, 2026. • Appointment of K. Nanette Briggs from District I for an at-large position, term to expire March 1, 2025. Council Liaison: Appointment by Mayor “I appoint Council Member Snell to fill the vacant non-voting City Council Liaison position of the IDEA Committee, term to expire March 1, 2026.” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Patrick Goff, City Manager Council Action Form – IDEA Committee Appointments July 22, 2024 Page 4 ATTACHMENTS: 1. IDEA Committee Bylaws 2. IDEA Committee Applications INCLUSION, DIVERSITY, EQUITY, AND ACCESSIBILITY (IDEA) COMMITTEE BYLAWS ATTACHMENT 1 ARICTLE I: NAME The name of this organization shall be the Inclusion, Diversity, Equity, and Accessibility (IDEA) Committee. The IDEA Committee will be referred to as the “Committee”. ARTICLE II: PURPOSE 1. To advise the City Council on policies and practices to make Wheat Ridge a more inclusive, diverse, equitable, and accessible community. 2. To act as a liaison between the community and the City Council, to bring forward issues and solutions related to IDEA in the City of Wheat Ridge. 3. Organize events and activities that promote IDEA. 4. Promote IDEA programs to the community. 5. Foster mutual respect and understanding of all persons. ARTICLE III: MEETINGS 1. The date and time of the regular meetings of the Committee shall be determined by a majority vote of the IDEA Committee with final approval from the Staff Liaison. 2. Sub-committee meetings may be called by the Staff Liaison when the need arises. 3. All meetings shall be open to the public. 4. The attendance of a majority of the members of the Committee shall constitute a quorum for the transaction of business of the Committee, and a majority vote of a simple majority of the members present shall be required to adopt any motion or make or ratify any decision of the Committee. The staff liaisons will tally the votes. All votes must be public. There shall not be any blind or anonymous votes. 5. The Staff Liaison and Chair shall assemble the agenda for each Committee meeting. The agenda shall be distributed no later than the Monday before the meeting. 6. Cancellation of any Committee meeting is at the discretion of the Committee Chair or City Staff Liaison with final approval from the Staff Liaison. ARTICLE IV: MEMBERSHIP 1. The Committee shall consist of ten (10) members and one (1) non-voting Council Liaison. 2. The Council Liaison shall be appointed by the Mayor for a two (2) year term. The Council Liaison shall be limited to serving two (2) consecutive two (2) year terms. Once the Council Liaison has become term limited and left the committee, they cannot serve on the committee for another two (2) years. At which time, they would be eligible to serve on the committee again. 3. The Staff Liaison shall create procedures to ensure that terms are staggered. 4. Four (4) of the members shall be selected by the City Council, with the goal of representing each of the four Council Districts. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on this committee, then the Council may appoint any otherwise qualified applicant. 5. Six (6) of the members shall be nominated by the Staff Liaison and ratified by the City Council with a preference for members that have interest in serving and/or relevant expertise. Two (2) of the staff-nominated committee members may be non-residents. 6. Members to the Committee shall serve three (3) year terms beginning on March 1st of each year. 7. Members are limited to serving two (2) consecutive terms. Term limited members may be reappointed in the absence of any other qualified applicant. Each additional term that a term-limited member is appointed to shall be at-will, meaning that the member can be replaced by a qualified applicant at any time. 8. Once a member has become term limited and left the committee, they cannot serve on the committee for another three (3) years. At which time they would be eligible to serve on the committee again. 9. For members that are appointed mid-term: Members appointed to serve 50% or more of the length of a term shall be determined to have served a full term. Members appointed to serve less than 50% of the length of a term shall be determined to not have served a full term. ARTICLE V: MEMBERSHIP REQUIREMENTS 1. Members shall read the agenda and any associated materials prior to the associated meeting. 2. Members are expected to contribute an average of four (4) hours a month toward the work of the committee. Including preparing for and attending meetings, supporting, and organizing events that promote IDEA in the community, and the other duties of the Committee. 3. Members must adhere to the Boards and Commissions Code of Ethics adopted by the City Council. ARTICLE VI: ABSENCES, AUTOMATIC REMOVAL AND TERMINATION 1. Absences are excused due to illness, emergency, or force majeure. Absences are also excused if the member notifies the Chair and Staff Liaison that they will not be able to attend the meeting, at least seven (7) days in advance of said meeting. 2. All other absences are considered unexcused. 3. Accruing two (2) unexcused absences in a 365-day period will result in the automatic removal of said member. 4. The committee can, by majority vote of the remaining members, decide to excuse an unexcused absence accrued by an automatically removed member. Thereby, reinstating the automatically removed member to continue their term. 5. Members that wish to leave the Committee before their term is complete shall submit their resignation to the Staff Liaison and Chairs at least 30 days before termination of membership. 6. Membership on the Committee may be terminated by a majority vote of the City Council, during a public hearing, for any of the following reasons: a. At the discretion of the City Council. b. For a violation of the Boards and Commissions Code of Ethics. c. If membership requirements are not met. Special circumstances will be reviewed by the Staff Liaison and the Chair on a case-by-case basis. The Chair or Staff Liaison will reach out to a member directly to discuss membership concerns as they arise. d. At the request of the Committee’s Chair, for accruing sufficient excused absences to negatively impact the ability of the committee to operate. 7. Members that are appointed by the City Council to serve in a district represented position must remain a resident of said district during the length of their term. If the member vacates the district, for whatever reason, they must notify the Staff Liaison, at which point that member shall automatically be removed from the Committee. This does not apply to members serving in district represented positions who were not residents of that district at the time that they were appointed to the position by the City Council. 8. If a resident member of the committee becomes a non-resident, they must notify the Staff Liaison. If there are already two non-resident members of the committee, then the member be automatically removed. If the member can remain on the committee as a non-resident, then they shall continue their term with no changes. ARTICLE VII: OFFICERS 1. Elections a. Officers shall be elected by the Committee during the first scheduled meeting after April 1st of each year and shall take office immediately. The officers shall be a Chair, Vice-Chair, and Secretary. b. A Committee member can nominate only one Committee member for one office at a time. Each officer shall be voted on separately. c. A majority vote of all members of the Committee present shall be required to elect an officer. 2. Positions and Duties a. The officers of the Committee shall consist of a Chair, Vice-Chair, and Secretary. b. The term of the Chair and Vice-Chair is two (2) years. The Chair and Vice-Chair shall be selected on a rotating basis, meaning that a person may not serve as the Chair or Vice-Chair for two consecutive terms. c. The Chair shall provide direction for decision making and management of Committee and works with the Staff Liaison to prioritize projects and allocate budget. d. The Chair represents the Committee through written and oral form. e. The Chair shall work with the City Staff Liaison to develop the agenda for each meeting. f. The Vice-Chair shall serve as the Chair in the absence of the Chair. In the absence of the Chair and the Vice-Chair, the most senior member of the committee shall serve as the Chair until the Chair or the Vice-Chair returns or an election of officers occurs. g. The Secretary officer position will change monthly and will be selected alphabetically by last name. The Secretary shall take roll call at the beginning of each meeting and track attendance, track agenda item votes count and keep accurate meeting minutes at the Committee meeting. ARTICLE IX: APPROVAL OF BYLAWS The bylaws may be amended, adopted, or suspended by either a majority vote from IDEA Committee with final approval by the Wheat Ridge City Council; or, by majority vote of the City Council. Changes to the Bylaws will come into effect upon approval from the Wheat Ridge City Council. When there are instances where the bylaws of the IDEA Committee contradict the Wheat Ridge Code of Laws, staff is authorized to make administrative amendments to the bylaws. In such circumstances, staff shall inform the IDEA Committee of the said administrative amendments during the next possible public meeting. ARTICLE X: SUSPENSION OR DISCONTINUATION The Committee may be temporarily or indefinitely suspended or discontinued by a majority vote of the City Council. REV 2/26/2024 ATTACHMENT 2