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HomeMy WebLinkAbout08-11-2025 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, August 11, 2025 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. 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: • Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. • Provide comment in advance at www.wheatridgespeaks.org (comment by noon on August 11, 2025) • 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 August 11, 2025) • View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES • City Council Meeting Minutes, June 09, 2025 • Study Session Notes, June 16, 2025 • City Council Meeting Minutes, June 23, 2025 • Study Session Notes, July 07, 2025 • City Council Meeting Minutes, July 14, 2025 • Study Session Notes, July 21, 2025 • City Council Meeting Minutes, July 28, 2025 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Deputy City Clerk – Oath of Office – Onorina Maloney PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution No. 37-2025 - a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the Colorado Department of Transportation to establish maintenance responsibilities for the Wadsworth Boulevard Path project b. Resolution No. 38-2025 – a resolution authorizing the appropriate city officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the Coordinated Election to be held on November 4, 2025 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None ORDINANCES ON FIRST READING 2. Council Bill No. 15-2025 – an ordinance submitting a ballot question to the voters of the City at the November 4, 2025 regular municipal election, to amend the Wheat Ridge Home Rule Charter to eliminate offices of elected City Clerk and City Treasurer 3. Council Bill No. 16-2025 – an ordinance approving the sale of city-owned real property and authorizing execution of an agreement for the same 4. Council Bill No. 17-2025 – an ordinance approving the sale of city-owned real property and authorizing execution of an agreement for the same DECISIONS, RESOLUTIONS, AND MOTIONS None CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO EXECUTIVE SESSION Executive session under Charter 5.7(b)(1) and CRS 24-6-402(4)(b) and (e) for legal advice and to instruct negotiators in connection with potential mitigation: Concrete Works Colorado contract claim. City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  June 9, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Amanda Weaver, Korey Stites, Janeece Hoppe, Leah Dozeman, Rachel Hultin, and Dan Larson. Absent: None. A quorum was established. Also present: City Manager Patrick Goff; City Attorney Gerald Dahl, Deputy City Manager Allison Scheck, Police Chief Chris Murtha, Community Development Director Lauren Mikulak, and Sr. Deputy City Clerk Margy Greer 4. Approval of Minutes City Council Meeting Minutes, May 12, 2025 Minutes were approved by general consent. 5. Approval of Agenda Without objection or correction, the agenda stood as presented. 6. Proclamations A. Mayor Starker proclaimed June 2025 National LGBTQI+ Pride Month and presented the proclamation to Council Member Jenny Snell. Council Member Snell thanked the Mayor, Council, and community for their support and spoke in favor of the community’s efforts and the work yet to be done regarding the LGBTQI+ community. B. Mayor Starker proclaimed the Month of June 2025 as National Safety Month and presented the proclamation to the City’s Risk Manager Kelly McLaughlin. Ms. McLauglin introduced some of the members of the team who were present and spoke to the many activities of the Safey Committee and the economic benefit to the City for following prescribed safety programs. Deputy City Clerk Allison Scheck stated that Kelly McLaughlin was given an award from CIRSA, the City’s insurance provider, for her work in workplace safety. C. Mayor Starker proclaimed June 19th as Juneteenth day in Wheat Ridge and encouraged every person to celebrate and recommit to working together to eradicate systemic racism and inequity in society. Police Chief Chris Murtha introduced the Police Department’s newest officers Kinsey Jamieson, Don Jones, and Taylor Riley. They each gave a brief bio on themselves and thanked the Mayor, Council, and residents for the opportunity to serve the City. 7. Public’s Right to Speak In Person Julie Clark, resident, spoke in favor of the Anderson Pool being remodeled. Taylor Tait from Representative Patterson’s Office’s spoke about Representative Patterson’s legislative agenda and encouraged communication from the public directly to her office. Wheat Ridge Speaks Item No. 2 - ORD - Freestanding Emergency Departments (FSED) Martin R Harrison - 3836 Taft Ct Wheat Ridge, 80033 Councilors, I have serious concerns about the proposal to end the moratorium on Free Standing Emergency Departments (FSEDs) in Wheat Ridge. Many people will go to a FSED expecting the full range of ED treatment only to find that some conditions e.g. stroke, heart attack, will necessitate their urgent transfer to a hospital ED. The extra time needed for transfer before treatment might worsen their condition or even cost them their lives. I feel FSEDs are a fundamentally bad idea for Wheat Ridge, especially as Wheat Ridge is well served by a hospital for major emergencies and urgent care facilities for minor needs. Many of us in Wheat Ridge are retired or elderly and may be confused by the difference between a FSED and a true ED. To prevent such confusion, it would be better if FSEDs were not allowed. However, I understand that Wheat Ridge is always needing to increase its tax base and that in a free market Health One/Rose should be able propose one of its facilities wherever it can. Perhaps dropping the FSED would be the best course. Why does it always have to be about money? Should the council not consider safety and best practices, too? Lastly, I presume the Health One/Rose women's facility would siphon off some of Lutheran Hospital's business, which would be sad since Lutheran has always been such an integral part of the Wheat Ridge community. Sincerely, Martin R Harrison Item No. 2 - Freestanding Emergency Departments Catherine Brookler Shupe - 3815 Robb St Wheat Ridge, 80033 Prior to 2018 A June 2, 2025, article in the Jeffco Transcript stated the City of Wheat Ridge prohibited free standing emergency departments (FSEDs) in 2018. The topic has recently been reviewed by the Planning Commission with approval to remove the prohibition. The subject is up for City Council approval of the Planning Commission recommendation. The Jeffco Transcript article further stated that in 2015 there was a rapid proliferation of FSEDs throughout Colorado and a lack of transparency in billing practices but that the Colorado Legislature was considering action to protect Coloradans. The Wheat Ridge FSED prohibition was therefore put on hold until 2018 at which time FSEDs in Wheat Ridge were specifically prohibited because Lutheran Medical Center was in full operation and because Wheat Ridge is not a particularly large city needing additional emergency departments. Since 2018 Since that time Colorado has instituted laws protecting Coloradans regarding price transparency, surprise billing and insurance company denials for services provided by non-network providers when patients have no choice as to the provider when presenting for care (e.g. radiologist, pathologist, emergency department physician, etc.). While laudable these new laws do not go far enough to be of use to those in an emergency situation or to persons unfamiliar with the health care systems and their billing practices (A personal experience at the end of this document demonstrates my experience). Additionally, a drive around the metro area now shows the FSEDs have continued to proliferate. The only thing that has changed since 2018 is the Lutheran Medical Center’s name and location. The health care center has moved three miles west. I believe the reasons the Planning Commission did not approve the original request still exist and I have additional concerns about placing a FSED in Wheat Ridge. Following are my specific concerns 1. I think there will be a lot of people who will find out insurance will not pay for the FSED service because it is an emergency department instead of an urgent care center when the reason for visiting is not deemed an emergency. There is confusion as to whether or not an issue is an emergency or can be addressed at a physician’s office or urgent care center. If my child breaks his arm, it is an emergency for me. The FSED will not tell me insurance probably will not pay because a broken arm is not considered an emergency. The FSED will set the broken arm and bill the insurance company who will then deny payment because a broken arm is not an emergent situation. The parent must then pay the bill. And the same confusion and problem exist for the elderly. FSEDs may not be a participating provider in an all-insurance company resulting in the insurance company denying care payment. I also question whether or not most people truly understand the difference between a FSED and an urgent care center which would compound the charges issues. If the patient’s condition cannot be treated at the FSED or requires hospital services after treatment there must be a transfer to a hospital. The resulting ambulance charges may or may not be covered by insurance. The HCA HealthONE representative stated to the Planning Commission that the “ambulatory service” is paid for by the FSED in cases where ambulances are used to get more serious patients to a hospital. If the FSED is approved I would like to see this in writing from HCA HealthONE and institute verification with patients to assure they are not charged for the ambulance or MetroWest services. 2. FSEDs usually charge much more for their services than urgent care centers. When people use FSEDs instead of urgent care centers or physicians’ offices for non-life- threatening conditions. This in turn raises the cost of living in terms of higher taxes (to pay for indigent, Medicaid and Medicare recipients) and higher health insurance payments. Hospitals in Colorado own most of the FSEDs. Colorado Medicaid offered hospitals a financial incentive to convert their FSEDs to urgent or primary care centers several years ago for this exact reason. A Colorado health care claims study showed patients can pay 10 times more in a FSED than in an urgent care center for the same condition according to a 2021 Denver Post article (https://www.denverpost.com/2021/05/21/colorado-pay-to-close-free-standing- ers/). 3. An HCA HealthONE representative stated that FSEDs are a great safety net for the community because they can treat life threatening needs. The term safety net sounds good, however the presence of an FSED will not be a safety net for the community. Health care safety nets serve people who experience barriers to getting needed care such as the uninsured, Medicaid and other vulnerable patients. FSEDs in Colorado cluster in the wealthiest neighborhoods (median household income >$100,000) according to a study updated and published in 2023 by the Colorado Health Institute (https://www.coloradohealthinstitute.org/research/targeted-growth). Wheat Ridge residents do not experience barriers to care with a full-service hospital located here. 4. The proposed zoning is Mixed Use-Commercial (MU-C). I believe the MU-C designation is for commercial buildings rather than high level health care facilities. A FSED is much more like a hospital with ambulance bays as opposed to a physician office building or the surgery center located one block from the proposed FSED site. If approved, this zoning opens the door for many similar facilities. 5. There is already a significant number of emergency vehicles (ambulances and fire trucks primarily) running with sirens on 38th Avenue. The addition of an FSED will exacerbate the already noisy and frustrating emergency vehicle traffic. At times sirens can be heard from east of Kipling. I do not want this to increase as it would if an FSED is located on 38th. I think the community would be much better served by an urgent care center for the times the doctor’s offices are closed, and health condition is not an emergency. I do not believe Wheat Ridge has an urgent care center. Item No. 2 - Freestanding Emergency Departments Douglas Martell, MD - 46 Lark Bunting lane Littleton, 80127 I practiced interventional cardiology for 30 years at Lutheran Hospital. The standard of care for an acute heart attack (MI) is an emergent catheterization laboratory procedure with angioplasty and stenting with the goal of opening the culprit artery within 30 minutes from time of presentation. Chest pain is a very common presentation to an emergency department because it could be a real MI. The average citizen assumes going to a free-standing emergency department (FSED) is the same as going to a real hospital ED. It is not! The delay in care occurs with the need to transfer a patient to the closest real hospital (Lutheran) so the catheterization can be performed. This delay will result in more heart damage and increases the risk of death. I have experienced these delays myself when waiting for a patient to be transferred from a FSED. Additionally, Stroke care also employs emergent catheter-based intervention that will be delayed. This also increases the risk for worsened neurologic outcomes and also increases the risk of death. Sepsis (very severe infection), too, is a medical emergency that increases the risk of death if care is delayed. Wheat Ridge has an elderly population that will likely be confused thinking that a FSED will provide the same level of care in a timely fashion that a real hospital ED does. This confusion can and will increase the risk of death! Placing a FSED in Wheat Ridge will be to the detriment of your constituents. Thank you for your attention. Item No. 2 - ORD - Freestanding Emergency Departments Lindsay Reinert - 3880 Garrison Street Wheat Ridge, 80033 Dear Mayor and Councilors: I want to share some concerns about the idea of lifting the moratorium on Free Standing Emergency Departments (FSEDs) here in Wheat Ridge. These FSED facilities are often pitched as a way to improve access to emergency care—but based on my experience, they can actually create more confusion and problems than they solve. As many of you know, I spent over eight years working in community outreach and health education at Lutheran Hospital. A big part of my job was helping to educate our residents about health issues, how to navigate the healthcare system, and understand where to go for care—whether that’s primary care, walk-in clinics, urgent care, or emergency services. One of the most common issues I ran into was confusion around FSEDs. A lot of folks, especially older adults, thought they were going to an urgent care clinic, only to find out later they’d been treated at an emergency room—and got a bill to match. I remember a story a man shared with me, where he told me he went in to get a goat head burr removed from his foot and ended up with a bill for thousands of dollars. That kind of surprise can really hurt people financially and make them hesitant to seek care in the future. There’s also the issue of what FSEDs can and can’t do. They don’t have surgical suites, ICUs, or full access to specialists. So, when someone comes in with something serious—like a stroke or heart attack—they often have to be stabilized and then transferred to a hospital. That delay can be dangerous. A few years ago, I saw a helicopter land in the parking lot of a FSED to transfer a patient, most likely to the hospital system affiliated with the FSED, instead of transferring them to the closest full-service hospital for treatment in care. It made me wonder: are these decisions being made based on what’s best for the patient, or what’s best for the business? And then there’s the cost. People often end up with three separate bills—one from the FSED, one from the ambulance or helicopter for the transfer, and one from the hospital they’re transferred to. That’s a lot to ask of anyone, especially those on a fixed income. Lastly, I worry that FSEDs duplicate services we already have, without really improving access. And with the ongoing shortage of healthcare workers, spreading our resources even thinner doesn’t seem like the best move. I hope you’ll take all of this into account as you consider whether to lift the moratorium. Emergency care should be clear, affordable, and focused on what’s best for patients, not profits. Thanks so much for your time and for all you do for our community. Sincerely, Lindsay Reinert District IV 8. CONSENT AGENDA Council Member Hoppe read the Consent Agenda, which consists of Items 8a and 8b, as well as the accompanying Issue Statements into the record. a. Resolution No. 31-2025 - a resolution amending the 2025 Public Art Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $250,000 for the purpose of funding public art associated with the Youngfield Beautification project Issue: The public art associated with the Youngfield Beautification project was budgeted in the Public Art Fund in 2024. Because a contract was not awarded until 2025, the funds were not carried forward into the 2025 budget. This resolution will amend the 2025 Public Art Fund budget to fund this project as planned. b. Resolution No. 32-2025 - a resolution amending the fiscal year 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $254,299 for the purpose of accepting a Colorado State Forest Service grant in the amount of $380,350 Issue: The Colorado State Forest Service (CSFS) awarded the City a reimbursement grant of $380,350 for forestry work through October 31, 2025. To invest the funding, and subsequently request and receive reimbursement, this budget appropriation is required. Council Member Hoppe made a motion to adopt the Consent Agenda as presented. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 9. Council Bill No. 08-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding freestanding emergency departments Mayor Starker opened the public hearing on this matter. City Attorney Jerry Dahl stated that the ordinance was a legislative matter and was not changing the Municipal Code. He went on to have a question-and-answer period with Council Member Dozeman, as she is an employee of Intermountain Health, to ensure that there is not a conflict of interest and that she was able to vote on the matter. After the question-and-answer period, the City Attorney saw no reason why Council Member Dozeman could not vote on the matter. There was no motion made to preclude Dozeman from voting on the matter. Lauren Mikulak, Director of Community Development, read the issue Statement and gave a brief history of the moratorium and current request from HCA HealthOne, stating that the City received a request from HCA HealthONE LLC and its affiliate HCA HealthONE Rose to amend the Wheat Ridge Code of Laws to allow for freestanding emergency departments (FSED) in the city and for the development of a medical campus at the northwest corner of 38th Avenue and Wadsworth Boulevard. She stated that this item had been discussed extensively during a prior Council Study Session. Public Comment: Homi Kapadia - spoke in opposition to lifting of moratorium Douglas Martel – spoke in opposition to lifting the moratorium Jessica Telesco – resident - spoke in opposition to lifting the moratorium Chantelle Cobourm – spoke in opposition of free-standing emergency rooms Carol Thomas – spoke in opposition of free-standing emergency rooms Carol Thomas – spoke in opposition of free-standing emergency rooms. Arem Neuschetz – spoke in opposition of the matter Jeff Bontrager – spoke in opposition to the ordinance Julie Clark – spoke in favor of the ordinance Valeria Hartford – spoke in favor of the ordinance Adam Weingart – spoke in favor of the ordinance Gary Bryskiewicz – spoke in favor of the ordinance Casey Guber – spoke in favor of the ordinance Council Comments: Council Member Dozeman asked about the plan for the current tenants at Wilmore, stating concern about misplaced tenants. Casey Guber, CEO of HealthOne, stated they have begun talking to the tenants and finding out whether they wish to stay on the complex or perhaps relocate. Council Member Larson stated that the issue is allowing something that is not currently in our zoning code, to a conditional use by right based on certain conditions. He asked why MU-Commercial Interstate zoning was not included. Mikulak stated that it was not part of the final consensus from Council’s March Study Session. Mayor Pro Tem Stites asked about projected sales tax. It is unknown at this time. Council Member Ohm asked about the proposed use and how it fit within the City Plan and how is “conditional use” structured. Lauren Mikulak, Director of Community Development, explained conditional use requirements. Council Member Hoppe asked about new employment and the representative answered that there would be 35 employees at the FSED plus more as the clinics open. There will be six of seven new clinics. Mayor Starker closed the public hearing. Council Discussion Council Member Hultin Rachel stated that this gives people choices and the waiting times for emergency rooms is long right now. Council Member Hoppe stated that the moratorium was put in place ten years ago and things have changed now. Council Member Dozeman stated she was on Council when the permanent moratorium was put in place; practices are still predatory, and the community is served well by Lutheran. Council Member Larson stated he supported removing the moratorium. Council Member Snell stated that the city is growing with new residents and young families, and it is important to have a choice in health care. Council Member Weaver stated that this is not a political decision. Lutheran provides great care. There is a confusion about medical choices: hospital ER’s and non-urgent care facilities. Mayor Pro Tem Stites stated that he wasn't sure how he was going to vote and understands there is confusion and stated this will be a significant investment in the City and residents need a place for non-emergent patients. Council Member Ohm made a motion to adopt Council Bill No. 08-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding freestanding emergency departments It was seconded by Council Member Hoppe. Vote: 7 Ayes (Stites, Weaver, Snell, Hoppe, Ohm, Hultin, and Larson ) 1 Nay (Dozeman). The motion carried. ORDINANCES ON FIRST READING 10. Council Bill No. 11-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith Mayor Pro Tem Stites read the Title of the Bill into the record and made a motion to approve Council Bill No. 11-2025, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith, on first reading, order it published, public hearing set for Monday, June 23, 2025, at 6:30 p.m.as a virtual meeting in the City Council Chamers, and that it takes immediately after final publication. It was seconded by Council Member Hultin. Vote: 8 Ayes. 0 Nays. The motion carried. 11. Council Bill No. 12-2025 – an ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements Council Member Dozeman read the Title of the Bill into the record and made a motion to approve Council Bill No. 12-2025, an ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements, on first reading, order it published, public hearing set for Monday, June 23, 2025, at 6;30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately after final publication. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 12. Following a PowerPoint presentation regarding the commissioned artwork, Council Member Hultin made a motion to approve the selection of public art titled “Fun, Fun, Fungi” by David Farquharson of Farhorizon Studios LLC to be installed at the Green at 38th project site. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried. 13. City Manager’s Matters No report. 14. City Attorney’s Matters No report. 15. Elected Official’s Matters Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 16. Adjournment There being no further business to come before Council, Mayor Starker adjourned the meeting at 8:56 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Study Session NOTES CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  June 16, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Study Session to order at 6:30 p.m. 2. Roll Call Council Members present: Scott Ohm, Rachel Hultin, Korey Stites, Leah Dozeman, Jenny Snell, Janeece Hoppe (via Zoom), and Dan Larson. Absent: Amanda Weaver Staff present: City Manager Patrick Goff, Assistant City Manager Marianne Schilling, Management Analyst Cole Haselip, Police Chief Chris Murtha, Police Sgt. Lucas Hunt, and Sr. Deputy City Clerk Margy Greer. 3. Public Comment In Person Walt Kordziel – resident - spoke about the effect the development on Lutheran Campus will have on his home. He stated the City Council representatives have never pushed back against city management regarding the zoning. No residents were involved in the decision-making process. He stated that decisions are made by Council and city management and the residents’ opinions Julia Reese – resident – stated there is no historic designation for the structures on Lutheran Campus. She stated there is no guarantee that the developer will do the right thing and not tear down the buildings. She stated that 2000 homes can be built on the property. She stated that something of this magnitude should be voted on by the people of Wheat Ridge. 4. Lutheran Legacy Campus Master Developer City Manager Patrick Goff stated that Intermountain Health used a comprehensive request for proposal process regarding the development of Lutheran Legacy Campus. After reviewing ten proposals, Intermountain asked the City to interview the three finalists. Once the process was completed, Intermountain chose E5X. Goff introduced Chris Elliott of E5X to introduce the proposed project. Mr. Elliott introduced his firm and spoke to the effort the City and residents put into developing the Master Plan for the project. He stated the Master Plan makes the process of integrated the project into the community much more sensible. The concept of utilizing a mix of housing options and requiring along the perimeter of the property that they be similar in nature to surrounding properties on 3-sides. Mr. Elliott spoke to the history of the property, their preliminary conversations regarding the different types of housing, the rezoning of the property, and the layout of the Master Plan. He stated there are conditions embedded in the zoning code which mandates preservation of the chapel and the blue house. He said they will be integrated into the overall community. Chris Elliott spoke to the need for tree preservation helping buffer into the new community. There will be open space through the middle of the property along with working with the ditch company to replace the ditch with an underground pipe and incorporate it into the open space, so it becomes a more active park and trail area. He went on to show a brief PowerPoint presentation which depicted architecture similar to the existing towers at the entryway, reminded Council that it is a very preliminary layout. LEGACY will probably be used as the name of the overall development. He spoke about integrated landscaping into the entryways of the property. He showed photos of the proposed park area, walking/biking paths throughout the housing areas, and proposed water features and utilizing the water for irrigation. He then answered questions from City Council members and stated he looked forward to working with them in the future. 5. Municipal Facility Feasibility and Planning Draft Report City Manager Patrick Goff introduced this item by explaining the history behind the City Council, giving approval to move forward with the architectural planning contract needed to research the feasibility of moving some of the city offices to the Lutheran Legacy Campus. Rebeccah Silva with the architectural firm also gave the history of the buildings on site and showed options for the best utilization of the buildings for city facilities. She reviewed the cost estimates, stating they were very preliminary figures. After a question-and-answer period, City Council reached consensus to move forward with the architectural firm’s recommendations. Mayor Starker called a recess at 8:12 pm and reconvened the meeting at 8:20 pm. 6. Property Acquisition for Public Works and Parks Shops Patrick Goff showed the layout of the current Public Works’ shop, and the property proposed for purchase by the City for a much-needed addition to the Public Works’ shops. Pinnacle Real Estate representatives were available to answer questions. They gave a brief presentation on the inclusions and requirements that would be incorporated into the purchase agreement. Dan Beiers, City Facilities and Fleet Manager, stated that the available space is the exact area of space needed. After a question-and-answer period from Council members, Council reached consensus to have staff move forward with the purchase of the property. 7. City Manager’s Report Patrick Goff spoke to the upcoming high temperatures and spoke about the products and services being provided to those unhoused during the heat wave. Patrick Goff asked Lauren Mikulak, Director of Community Development, to present the update regarding the car wash on 44th & Gray. Mikulak stated that the city has been in touch with the operators daily and she stated it is taking more time than anyone anticipated to get the problem resolved. The car wash owner was cited into Court with a July court date and the city continues to with them to solve the issues. 8. Elected Officials’ Report Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 9. Adjournment There being no further business to come before Council, Mayor Starker adjourned the Study Session at 9:09 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  June 23, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Pro Team Stites called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Amanda Weaver, Korey Stites, Janeece Hoppe, Rachel Hultin, and Dan Larson. Absent: Mayor Starker and Council Member Leah Dozeman. A quorum was established. Also present: City Manager Patrick Goff; Public Work, City Attorney Gerald Dahl, Deputy City Manager Allison Scheck, Police Chief Chris Murtha, Community Development Director Lauren Mikulak, and Sr. Deputy City Clerk Margy Greer 4. Approval of Minutes Study Session notes, May 19, 2025 Study Session notes, June 2, 2025 Notes were approved by general consent. 5. Approval of Agenda Without objection or correction, the agenda stood as presented. 6. Proclamation Mayor Pro Tem Stites proclaimed Parks and Recreation Month and presented the Proclamation to Karen O’Donnell, Directors of Parks and Recreation, who in turn introduced several members of her department and thanked them for their dedication to the residents. 7 Public’s Right to Speak In Person Gretchen Josten – resident – asked for assistance regarding the effect the car wash across the street from her is having on her homelife. She said the constant noise is affecting her. Michael Josten -resident – asked for assistance regarding the effect the car wash across the street is affecting him and his wife’s life. The noise is constant. Jan Facinelli – works in Wheat Ridge – spoke to the effect the noise from the car wash is having on her health and her work life. She asked Council to please help with the situation of the noise the car wash is causing. Greg Primavera – resident – complained about the noise being emitted from the car wash and how it is affecting his quality of life. He asked Council for their help in solving the problem. Chris Minetold – resident – stated he was a flight student with various hours and is not able to sleep or enjoy his home life to the noise emitted from the car wash. He asked Council for assistance with solving the problem. City Manager Patrick Goff asked Lauren Mikulak, Director of Community Development, to give an update on the issue with the noise from the car wash. Mikulak stated the car wash owner had been cited into Municipal Court and City Attorney Gerald Dahl stated that there is a process which must now be followed regarding when certain things will need to happen. This is a significant issue, and it will still take some time to process through the court system. If certain deadlines are not met, staff will move forward with a revocation hearing. Council members asked for a swift resolution to the problem as soon as possible, stating their concern for the neighbors of the car wash. 8 CONSENT AGENDA None. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 9. Council Bill No. 11-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith Council Member Hultin read the Title of the Bill and the Issue statement into the Record. Issue: This ordinance amends Chapter 26 of the Wheat Ridge Code of Laws to update parking requirements for multi-unit residential uses to comply with state legislation and recent policy direction from City Council. Conforming amendments are required to update definitions and terms related to residential uses. Mayor Pro Tem Stites open the public hearing on Council Bill No. 11-2025. There were no public comments. Scott Cutler, Senior Planner, gave a brief presentation on the amendments to the Code. Council Members asked clarifying questions. Council Member Hultin made a motion to approve Council Bill No. 11-2025, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith, on second reading, order it published, and that it takes effect immediately after final publication. It was seconded by Council Member Hoppe. Vote 7 Ayes. 0 Nays. The motion carried. 10. Council Bill No. 12-2025 – an ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements Council Member Ohm read the Title of Bill and the Issue statement into the Record. Issue: This ordinance amends Section 26-502 of the Wheat Ridge Code of Laws to update landscaping requirements to correct minor discrepancies in the city’s regulations and to codify a policy related to calculating maximum allowable limits of irrigated turf and non-living materials. Mayor Pro Tem Stites open the public hearing on this matter. There was no presentations from staff. There were no public comments. There were no comments from City Council. Council Member Ohm made a motion to approve Council Bill No. 12-2025, an ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements, on second reading, order it published, and that it takes effect immediately after final publication. It was seconded by Council Member Hultin. Vote: 7 Ayes. 0 Nays. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None. DECISIONS, RESOLUTIONS AND MOTIONS 11. Resolution No. 34-2025 – a resolution amending the Fiscal Year 2025 Renewal Wheat Ridge Bond Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $4,108,500 for the purpose of issuing a contract for construction of the Youngfield Street Beautification project to Colorado Designscapes. Council Member Hoppe read the Title of the Resolution and Issue statement into the Record. Issue: Davis Evans and Associates was awarded a contract to prepare plans and specifications for the Youngfield Street Beautification project. Plans were completed in March 2025 and the project was advertised for bids. Five (5) bids were received in response to the city’s Invitation for Bids to construct the Youngfield Street Beautification Project. The lowest responsive bidder was Colorado Designscapes, Inc. It is recommended that the city enter a contract with Colorado Deisgnscapes, Inc. to complete the project. Kent Kisselman, interim Public Works Director, gave a brief presentation on the Youngfield Street Beautification, stating it would focus on the west side of Youngfield from 30th Avenue to 41st Avenue. He stated they are waiting for the permit from the Federal Highway Administration. He showed pictures of the artwork and components along the I70 Off Ramp, 40th Street Monument Sign, and the Project-Wide Fencing. He stated staff recommended awarding the contract to Colorado Designscapes, Inc. City Manager Patrick Goff stated it was being funded by the Urban Renewal Authority bond fund. A question-and-answer period with City Council and Kent Kisselman took place. Council Member Hoppe made a motion to approve Resolution No. 34-2025, a resolution amending the Fiscal Year 2025 Renewal Wheat Ridge Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $4,108,500 for the purpose of issuing a contract to Colorado Designscapes, Inc. in the amount of $3,735,000 with a contingency amount of $373,500 for a total not-to-exceed amount of $4,108,500 to complete the Youngfield Street Beautification project. It was seconded by Council Member Ohm. Vote: 7 Ayes. 0 Nays. The motion carried. 12. Motion to accept the transfer of property located at 4150 Kipling Street from the Mile High Flood District Council Member Larson read the motion and the Issue statement into the record. Issue: The Mile High Flood District (MHFD) and City staff recently worked with the owners of 4150 Kipling Street to acquire the property. The parcel is located entirely within the Clear Creek Floodplain at the convergence with the Lena Gulch floodplain. Acquiring this property will allow the City to reduce flood risk and protect the floodway’s functionality through future projects. The City and MHFD have no immediate plans for this property, but having ownership on both sides of Kipling Street is critical for implementing any improvements to the floodplain. Lauren Mikulak stated that this property is entirely encumbered by the 100-year flood plain and the floodway. Property owners approached the city, and the Mile High Flood District was able to fully fund the acquisition. The action tonight will transfer the land from the Mile High Flood District, and it will remain open space, and the city will continue to work with Mile High on improvements to the property. Council Member Larson made a motion to accept the transfer of property located at 4150 Kipling Street from the Mile High Flood District and authorize and direct the Mayor, City Clerk and City Manager to execute such instruments as necessary for said transfer, in form approved by the City Attorney. It was seconded by Council Member Ohm. Vote: 7 Ayes. 0 Nays. The motion carried. 13. Motion to approve appointments to boards, commissions, and committees Council Member Weaver read the Motion and the Issue statement into the record. Issue: On April 7, 2025, the resignation of one Sustainable Wheat Ridge member and one IDEA Committee member were received leaving two open vacancies on the City of Wheat Ridge, Board, Commissions, and Committees. Mayor Pro Tem Stites, on behalf of the Mayor, recommended Haley Meredith be appointed to the At-Large position on the IDEA Committee for a term to expires March 2, 2028. Council Member Larson made the motion. It was seconded by Council Member Snell. Vote: 7 Ayes. 0 Nays. The motion carried. Council Member Weaver made a motion to appoint Sachi Adair to the Sustainability Wheat Ridge Committee with term to expires March 2, 2027. It was seconded by Council Member Hoppe. Vote: 7 Ayes. 0 Nays. The motion carried. 14. City Manager’s Matters No report. 15 City Attorney’s Matters No report. 16. Elected Official’s Matters Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 17. Adjournment There being no further business to come before Council, Mayor Starker adjourned the meeting at 8:01 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Study Session NOTES CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  July 7, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Pro Tem Korey Stites called the Study Session to order at 6:30 p.m. 2. Roll Call Council Members present: Scott Ohm, Rachel Hultin (Via Zoom), Amanda Weaver, Korey Stites, Leah Dozeman (Via Zoom), Jenny Snell, Janeece Hoppe and Dan Larson. Absent: Mayor Starker and Amenda Weaver . Staff present: City Manager Patrick Goff, Community Development Director Lauren Mikulak, Shannon Terrell, Senior Housing Planner, Parks and Recreation Director Karen O’Donnell, Parks Manager Benny Paiz, and Sr. Deputy City Clerk Margy Greer. 3. Public Comment Wheat Ridge Speaks Kelly Blynn - 4175 Brentwood St Wheat Ridge, 80033 - Resident I really appreciate staff's thoughtful approach and consideration of inclusionary zoning and potential alternative approaches. Given the headwinds and volatility that are facing housing production already in terms of high interest rates and materials costs, establishing an IZ program that won't inadvertently stymie housing production and undermine the city's goals is very difficult. Unfortunately, 10% of too few units built won't amount to very much. I appreciate the thought put into the linkage fee approach, and agree it seems to make sense to have all development support housing affordability, given that any new retail, office, or industry means new jobs and workers who need a place (hopefully nearby) that they can afford to live. I don't know if there are any tools available to us in this regard, but a few parts of the west coast are now experimenting with something known as "funded IZ", where property tax exemptions or other incentives are designed to essentially cover the lost revenue from the inclusionary units: https://www.sightline.org/2024/10/28/to-fix-inclusionary-zoning-fund-it. Thank you for the thoughtful approach to this issue! 4. Inclusionary Housing Zoning (IHZ) Update Community Development Director Lauren Mikulak introduced Shannon Terrell, Senior Housing Planner, who gave a PowerPoint presentation and spoke about the history of the project including the hiring of a consultant to do a feasibility analysis regarding Inclusionary Housing Zoning. She reviewed the consultant’s recommendations regarding the program structure. The consultant’s feasibility analysis was from a study authorized by Council in August 2024. The key components of review were the 1) income levels, 2) Set-aside requirements, 3) Fee-in-lieu, and 4) Development feasibility. Terrell reviewed the policy options and recommendations from the consultant: 1) adopt consultant’s IHZ program structure; 2) scale back IHZ requirements, 3) explore a city- wide residential and commercial square footage fee; and 4) no change, using the short- term rental program to fund the housing program. Goal being to support housing affordability without discouraging housing production. Staff recommended Option 3 or Option 4. Council reached consensus to move forward with a linkage fee and building a scope for the nexus while also bringing forward some policy around protecting the short-term rental tax revenues by incorporating them into the Wheat Ridge Housing Fund, and once the results of the nexus are received, the City can move forward with finding prioritizing some of the policies around utilization of the funds. 5. Parks and Recreation Pathway Draft Karen O’Donnell, Director of Parks and Recreation, introduced JR Clinton with BerryDunn, the consultant on the Parks and Recreation Master Plan known as the Wheat Ridge Parks and Recreation Pathway. O’Donnell stated it is a draft plan, and she is looking for feedback from City Council regarding anything they Clinton gave an overview of BerryDunn Consultants. He showed a PowerPoint presentation which covered the purpose and goals of the project; community engagement strategy; community outreach; the values of the community; community input; safety and accessibility improvements; improved communication channels; organizational assessment and the findings of the department’s programs and projects; and recommendations for possible improvements. A question-and-answer period followed between the BerryDunn representatives, Karen O’Donnell, and City Council. Next steps is for staff and BerryDunn to move forward with next steps of finalizing the Plan and bringing it back to Council for adoption. 6. Staff Report(s) None. 7. Elected Officials’ Report Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 8. Adjournment There being no further business to come before Council, Mayor Starker adjourned the Study Session at 8:15 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  July 14, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Amanda Weaver, Korey Stites, Leah Dozeman, and Dan Larson. Absent: Janeece Hoppe and Rachel Hultin A quorum was established. Also present: City Manager Patrick Goff; Public Work, City Attorney Gerald Dahl, Deputy City Manager Allison Scheck, Police Chief Chris Murtha, Community Development Director Lauren Mikulak, and Sr. Deputy City Clerk Margy Greer 4. Approval of Minutes None. 5. Approval of Agenda Without objection or correction, the agenda stood as presented. 6. Proclamations A. Mayor Starker read the Mayor’s Monarch Pledge and proclaimed July 14, 2025, as Mayor’s Monarch Pledge Way in the City of Wheat Ridge, Colorado. He presented the Proclamation to Mary Hester, Manager of Sustainable Wheat Ridge. B. Members of the Wheat Ridge Historical Society presented a painting to the City depicting the Wheat Ridge Farmers History of growing celery, which was painted on the Old Post Office at Wheat Ridge Historical Park. A video was shown which was narrated by Council Member Dan Larson. 7. Public’s Right to Speak In Person Valerie Beck – Resident – spoke in favor of keeping the swimming pool at Anderson Park. CONSENT AGENDA None PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None ORDINANCES ON FIRST READING 8. Council Bill No. 13-2025 – an ordinance amending Sections 11-561 and 11-569 of the Wheat Ridge Code of Laws, concerning the Hotel Licensing Program Mayor Pro Tem Stites read the Bill Title and Issue Statement into the Record. Issue: On April 7, 2025, staff provided the required 18-month update to Council regarding the Hotel Licensing program that was established October 25, 2021. Council requested an amendment to the Code so that the 18-month update is no longer required but rather provided as deemed necessary by the Council. Mayor Pro Tem Stites made a motion to approve Council Bill 13-2025, an ordinance amending Sections 11-561 and 11-569 of the Wheat Ridge Code of Laws concerning the hotel licensing program, order it published, public hearing set for Monday July 28, 2025, at 6:30 p.m., as a virtual meeting and in City Council Chambers, 7500 West 29th Avenue, and that it takes effect fifteen (15) days after final publication as provided by Section 5.11 of the Charter. It was seconded by Council Member Dozeman. Vote: 6 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 9. Resolution No. 35-2025, a resolution approving an Interagency Data Sharing Agreement Council Member Snell read the Title of the Resolution and Issue Statement into the Record. Issue: The Jeffco Homeless Navigation Collaborative would like to extend access to Colorado Homeless Management Information System (HMIS) data to Family Tree by collectively entering into an interagency data sharing agreement. Assistant City Manager Marianne Schilling gave a brief history on the reporting system for the City’s Homeless Navigators, which will be greatly improved through this amendment, helping with county-wide efforts to provide additional services to the homeless. A question-and-answer period followed by City Council and Marianne Schilling. Council Member Snell made a motion to approve Resolution 35-2025 entering into an Interagency Data Sharing Agreement. It was seconded by Mayor Pro Tem Stites. Vote: 6 Ayes. 0 Nays. The motion carried. 10. Motion to approve appointments to the Boards, Commissions, and Committees Council Member Ohm made a motion to appoint Sheri Altland to the District II Cultural Commission vacancy seat, term to expire March 2, 2026. It was seconded by Mayor Pro Tem Stites. Vote: 6 Ayes. 0 Nays. The motion carried. Council Member Weaver made a motion to appoint Bobbi Rubingh to the District III Cultural Commission vacancy seat, term to expire March 2, 2027. It was seconded by Mayor Pro Tem Stites. Vote: 6 Ayes. 0 Nays. The motion carried. 11. City Manager’s Matters City Manager Patrick Goff informed Council that the first proposed contract to purchase a parcel of land contiguous to the Public Works Shop presented at a previous Council Meeting did not meet certain deadlines and brought forth another parcel for their review and consideration of purchase. Council agreed to move forward with the purchase of the second proposed property. 12. City Attorney’s Matters None. 13. Elected Official’s Matters Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 14. Adjournment There being no further business to come before Council, Mayor Starker adjourned the meeting at 7:19 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Study Session NOTES CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  July 21, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Study Session to order at 6:30 p.m. 2. Roll Call Council Members present: Scott Ohm, Rachel Hultin, Amanda Weaver, Korey Stites, Jenny Snell, and Dan Larson. Absent: Leah Dozeman and Janeece Hoppe Staff present: Deputy City Manager Allison Scheck, Assistant City Manager Marianne Schilling, Economic Development Director Steve Art, Procurement Manager Whitney Mugford-Smith, and Sr. Deputy City Clerk Margy Greer. 3. Public Comment In Person Kathleen Martell – resident – spoke in favor of the City Plan and stated a lot of collaboration went into the process. 4. City Plan Status Update Lauren Mikulak, Community Development Director, introduced the City Plan project stating the purpose of the study session was to provide City Council with an update on the City Plan process and review the public draft of the plan. Much of the plan reflects the content from the previous four phases of engagement. This draft is an opportunity to review all the content in the context of a complete plan. This study session is an opportunity to evaluate the plan draft and provide a final round of feedback to refine the draft for clarity and correctness before the plan adoption. Mikulak turned the presentation over to Ella Stueve, Senior Neighborhood Planner. Ella Stueve gave a PowerPoint presentation which included a definition of the Plan; the process to develop the Plan; the process to date; the steps taken; the planning tools; the community and Council’s core values; planning principles, and planning priorities. Stueve reviewed the four Planning Priorities; The Character and Development Mission; the tools used to shape the community character; how to apply the tools in Wheat Ridge; and implementing the City Plan to create the future of Wheat Ridge. A question-and-answer period followed her presentation, and Council gave consensus to move forward with future adoption by City Council. 5. Draft ballot Language – Charter amendment – Clerk and Treasurer City Attorney Gerald Dahl stated that at the direction of City Council, he brought forward proposed language for the November ballot, regarding eliminating both the elected Clerk and Treasurer positions. If passed, they would become appointed positions which could be filled by other staff members. After a question-and-answer period, consensus was reached by City Council to move forward with bringing an ordinance back to City Council, placing the question on the November ballot. 6. City Attorney’s Report None. 7. City Manager’s Report City Manager Patrick Goff stated that work on the acoustic issues at the Silver Bullet will begin on July 28th. He also stated that the City has engaged with a broker to sell Town Center Park, and the City received two proposals. A 2/3 vote of City Council is required to sell city-owned property. The ordinance will be placed on a future Council Agenda. 8 Elected Officials’ Report Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 9 Adjournment There being no further business to come before Council, Mayor Starker adjourned the Study Session at 8:07 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  July 28, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm (via Zoom), Amanda Weaver, Korey Stites, Janeece Hoppe, Rachel Hultin, Leah Dozeman (arrived 6:35 pm) and Dan Larson. Absent: None. A quorum was established. Also present: City Manager Patrick Goff; Public Work, City Attorney Gerald Dahl, Deputy City Manager Allison Scheck, Police Chief Chris Murtha, Interim Public Works Director Kent Kisselman, and Sr. Deputy City Clerk Margy Greer 4. Approval of Minutes None. 5. Approval of Agenda Without objection or correction, the agenda stood as presented. 6. Proclamations None. 7. Public’s Right to Speak None. 8. CONSENT AGENDA Council Member Weaver read the Consent Agenda into the Record. a. Motion awarding a contract to Majestic Concrete Contractors Inc. in the amount of $451,141 with a contingency amount of $45,114 for a total approved amount of $496,255 for the 2025 Residential Concrete program. b. Motion to cancel the August 4, 2025, Study Session Council Member Weaver made a motion to adopt the Consent Agenda, which consisted of Items 8a and 8b only. It was seconded by Mayor Pro Tem Stites. Vote: 7 Ayes. 0 Nayes. The motion carried. (Council Member Dozeman arrived at 6:35 pm) PUBLIC HEARING ORDINANCES ON SECOND READING 9. Council Bill No. 13-2025 – an ordinance amending Sections 11-561 and 11-569 of the Wheat Ridge Code of Laws concerning Hotel Licensing Mayor Pro Tem Stites read the Title of the Bill and the Issue Statement into the Record. Issue: On April 7, 2025, staff provided the required 18-month update to Council regarding the Hotel Licensing program that was established October 25, 2021. Council requested an amendment to the Code so that the 18-month update is no longer required but rather provided as deemed necessary by the Council. Additionally, and subsequent to the April 7 discussion, staff realized that with dissolution of the Severe Weather Shelter Network, the “Calls for Service (CFS)” definition must be updated to more accurately reflect when CFS are excluded from the count so that hotels that provide shelter during severe weather, can still benefit from the exclusion of these calls in their monthly calculations. Police Chief Chris Murtha gave a report on the statistics regarding calls to service and informed Council of the reduction in crime rate. It stated the statistics showed that the program was very successful. A question-and-answer period followed between Chief Murtha and City Council members. Mayor Pro Tem Stites made a motion to approve Council Bill 13-2025, an ordinance amending Sections 11-561 and 11-569 of the Wheat Ridge Code of Laws concerning the hotel licensing program on second reading, order it published, and that it takes effect fifteen (15) days after final publication as provided by Section 5.11 of the Charter. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. ORDINANCES ON FIRST READING 10. Council Bill No, 14-2025 – an ordinance approving the rezoning of property located at 11571 and 11581 West 44th Avenue from Agricultural-One (A-1) to Planned Residential Development (PRD) with approval of an Outline Development Plan (Case No. WZ-23-09 Council Member Larson read the Title of the Bill and the Issue Statement into the Record. Issue: The applicant is requesting approval of a zone change from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan (ODP) for a 39-unit cohousing community with a common house and shared amenities located at 11571 and 11581 W. 44th Avenue. Council Member Larson made a motion to approve Council Bill No. 14-2025, an ordinance approving the rezoning of property located at 11571 and 11581 West 44th Avenue from Agricultural-One (A-1) to Planned Residential Development (PRD) with an Outline Development Plan, on first reading for the sole purpose of ordering it published for a public hearing set for Monday, August 25, 2025 at 6:30 p.m. in City Council Chambers, and, if adopted, that it take effect 15 days after final publication. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 10. Resolution No. 36-2025, a resolution approving an amendment to the Intergovernmental Agreement between the Colorado Department of Transportation and the City of Wheat Ridge for the Wadsworth Path project Council Member Hultin read the Title of the Resolution into the Record. Kent Kisselman, Interim Public Works Director, gave a brief presentation regarding the project. He stated that In 2022, the City was awarded funding through the Denver Regional Council of Governments Transportation Improvement Program to construct a shared path along the west side of Wadsworth Boulevard between 32nd and 35th Avenues. In addition, improvements at the intersection of 32nd Avenue, including directional ramps, accessible pedestrian signals, and bicycle detection for the existing bike lanes on 32nd Avenue, are planned in cooperation with the Colorado Department of Transportation (CDOT). An IGA with CDOT was approved by City Council on May 8, 2023, for this project. In the current IGA the City will manage the design and construction of the shared use path while CDOT will design the 32nd Avenue intersection improvements. The schedule for the design of the 32nd Avenue intersection improvements by CDOT has lagged and will not be possible to advertise for construction on the City’s desired timeline. The City needs to de-couple the shared use path project from the 32nd Avenue intersection improvements project. De-coupling the projects will allow shared use path project to be advertised for construction separately and prevent further delays. A question-and-answer period took place between Council members and Kent Kisselman. Council Member Hultin made a motion to approve Resolution 36-2025, a resolution approving an amendment to the Intergovernmental Agreement between the Colorado Department of Transportation and the City of Wheat Ridge for the Wadsworth Path project. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 11. Motion to approve a contract to purchase property located at 4593 Parfet Street for the expansion and consolidation of the Public Works and Parks operations facilities Council Member Dozeman read the Motion into the Record. City Manager Patrick Goff opened the item by reminding Council of the previous negotiations regarding a piece of property to the south of the public works yard; and now the City is looking at purchasing the property at 4593 Parfet Street for expansion and consolidation of the Public Works and Parks operations facilities. The City’s real estate negotiator spoke to Council about the property and the issue associated with utilization of the land. After a question-and-answer period between Council, Goff and the real estate agent, Council Member Dozeman made a motion to approve a contract to purchase property located at 4593 Parfet Street for the expansion and consolidation of the Public Works and Parks operations facilities and authorize and direct the City Manager to execute the contract for purchase, and further authorize the City Manager, Mayor and City Clerk, as necessary, to execute such additional instruments as necessary to facilitate the purchase. It was seconded by Council Member Stites. Vote: 8 Ayes. 0 Nays. The motion carried. 12. Motion to approve appointments to Boards, Commissions, and Committees Council Member Snell read the Motion and the Issue Statement into the Record. Issue: In June of 2025, the resignation of one Planning Commission member was received. In addition, during the review period, it was realized that a Planning Commission member currently serving in a District IV seat, resides in District I. Staff proposes moving the District IV member into the correct District I vacancy and appointing a new member into the District IV seat. Council Member Hoppe made a motion to appoint Michael Moore to District 1 Planning Commission vacancy seat, aligning him with the vacant seat in which District he resides, term ending March 02, 2028. It was seconded by Council Member Snell. Vote: 8 Ayes. 0 Nays. The motion carried. Council Member Dozeman made a motion to appoint Anna Sparks to the District IV Planning Commission vacancy seat, term to expire, March 02, 2026. It was seconded by Council Member Larson. Vote: 8 Ayes. 0 Nays. The motion carried. 13. City Manager’s Matters None. 14. City Attorney’s Matters None. 15. Elected Official’s Matters Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 16. Adjournment There being no further business to come before Council, Mayor Starker adjourned the meeting at 7:25 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem ITEM NUMBER: 1a DATE: August 11, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 37-2025 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE COLORADO DEPARTMENT OF TRANSPORTATION TO ESTABLISH MAINTENANCE RESPONSIBILITIES FOR THE WADSWORTH BOULEVARD PATH PROJECT ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City has entered into an Intergovernmental Agreement (IGA) with CDOT for the construction of a sidewalk on the west side of Wadsworth Boulevard between 32nd and 35th Avenues. A separate IGA is required between the Parties for long-term maintenance responsibilities of the improvements. PRIOR ACTION: • City Council provided direction to staff at the April 4, 2022 study session to allocate $1.0 million from the Clear Creek Crossing infrastructure reimbursement towards construction of a sidewalk on the west side of Wadsworth between 32nd and 35th Avenues • City Council approved an IGA with CDOT on May 8, 2023 for this project • City Council approved a Professional Services Agreement with Olsson on September 9, 2024 for design, environmental, and right-of-way services for the Wadsworth Path project • City Council approved an amendment to the IGA with CDOT on July 28, 2025 FINANCIAL IMPACT: The City taking maintenance responsibility for specialty items is not a fixed cost and does not require routine maintenance. Cost will be incurred as needed. BACKGROUND: On September 10, 2024, the City contracted Olsson Inc. to design a multi-use path along Council Action Form – Wadsworth Path Maintenance Agreement August 11, 2025 Page 2 the west side of Wadsworth Boulevard from 32nd Avenue to 35th Avenue. As part of the project, Olsson, Inc. was to obtain ROW from private property and CDOT to accommodate the multi-use path. The City has included elements in the redesign of the Wadsworth Sidewalk that are not within CDOT maintenance purview and require the City to encumber maintenance responsibilities of those specialized items. Some of the items include pedestrian street lighting, sidewalk chase drains, curbside landscaping, and other elements that are outside of the travel way. A complete list of responsibilities can be found in Exhibit A – Scope of Work. RECOMMENDATIONS: Staff recommends approval of an Intergovernmental Agreement between the City of Wheat Ridge and the Colorado Department of Transportation to establish maintenance responsibilities for the Wadsworth Boulevard path project from 35th Avenue to 32nd Avenue. RECOMMENDED MOTION: “I move to approve Resolution 37-2025, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the Colorado Department of Transportation to establish maintenance responsibilities for the Wadsworth Boulevard path project.” Or, “I move to postpone indefinitely Resolution 37-2025, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the Colorado Department of Transportation to establish maintenance responsibilities for the Wadsworth Boulevard path project for the following reason(s).” REPORT PREPARED/REVIEWED BY: Dan Klenjoski, CIP Project Manager Daniel Martinez, Interim CIP Manager Kent Kisselman, Interim Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 37-2025 2. Maintenance Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 37 SERIES OF 2025 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE COLORADO DEPARTMENT OF TRANSPORTATION TO ESTABLISH MAINTENANCE RESPONSIBILITIES FOR THE WADSWORTH BOULEVARD PATH PROJECT WHEREAS, the City has included elements in the design of the Wadsworth Path Project that are not within CDOT maintenance purview and will require the City to encumber maintenance responsibility; and WHEREAS, Olsson Inc. designed a multi-use path along the west side of Wadsworth Boulevard from 32nd Avenue to 35th Avenue obtaining ROW from private property and CDOT to accommodate the multi-use path; anD WHEREAS, Olsson, Inc. has included elements in the design including, but not limited to, pedestrian street lighting, sidewalk chase drains, curbside landscaping, and other elements that are outside of the travel way; and WHEREAS, the City of Wheat Ridge will take responsibility of all assets associated with the design outside of the travel way. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. An Intergovernmental Agreement for maintenance between The City of Wheat Ridge and the Colorado Department of Transportation attached hereto as Exhibit A is approved. ATTACHMENT 1 DONE AND RESOLVED this 11th day of August 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 1 of 9 STATE OF COLORADO INTERGOVERNMENTAL AGREEMENT Signature and Cover Page State Agency Department of Transportation Agreement Routing Number 26-HA1-XC-00015 Local Agency CITY OF WHEAT RIDGE Agreement Effective Date The later of the effective date or July 23, 2025 Agreement Description WADSWORTH SIDEWALK: 32ND TO 35TH Project # AQC M361-013 (25614) Region # R1 Contract Writer DMM Agreement Maximum Amount $0.00 THE PARTIES HERETO HAVE EXECUTED THIS AGREEMENT Each person signing this Agreement represents and warrants that he or she is duly authorized to execute this Agreement and to bind the Party authorizing his or her signature. STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director ______________________________________ Keith Stefanik, P.E., Chief Engineer Date: _________________________ LEGAL REVIEW Philip J. Weiser, Attorney General ______________________________________ Assistant Attorney General ______________________________________ By: (Print Name and Title) Date: _________________________ LOCAL AGENCY CITY OF WHEAT RIDGE By:________________________________________________*Signature Name:______________________________________________ (Print Name) Title:_______________________________________________ (Print Title) Date:____________________________________________ SECOND LOCAL AGENCY SIGNATURE,IF NEEDEDCITY OF WHEAT RIDGE By:________________________________________________*Signature Name:______________________________________________ (Print Name) Title:_______________________________________________ (Print Title) Date:____________________________________________ ATTACHMENT 2 Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 2 of 9 AGREEMENT This Agreement, is entered into by and between the State of Colorado for the use and benefit of the COLORADO DEPARTMENT OF TRANSPORTATION (the “State” or “CDOT”), and the CITY OF WHEAT RIDGE (the “Local Agency”); CDOT and the Local Agency individually shall be referred to as a “Party”, and together shall be referred to as the “Parties.” This Agreement shall not be valid or enforceable until the Effective Date as shown on the Signature and Cover Page of this Agreement. RECITALS CDOT has designed and constructed improvements for the WADSWORTH SIDEWALK: 32ND TO 35TH project in Wheat Ridge, Colorado, ("Project”); and The Parties recognize the importance and benefit to their respective systems by the Local Agencies’ operation and maintenance of a portion of the Project; and The Parties desire to agree upon the division of responsibility for their respective maintenance and operation obligations (the “Work”) on the Project as shown in Exhibit A pursuant to §43-2-135, C.R.S.; and The Local Agency is adequately staffed and suitably equipped to undertake and satisfactorily carry out its operations and maintenance responsibilities under this Agreement; and Required approval, clearance and coordination has been accomplished from and with appropriate agencies; and This Agreement is executed by the State under authority of §§43-1-106, 43-1-110, 43-1- 201, et seq., 43-2-102, and 43-2-144, C.R.S., as amended; and The Local Agency agrees by its execution hereof that it is duly authorized to enter into this Agreement. Authorization may be evidenced by an appropriate ordinance/resolution or authority letter. A copy of any such ordinance/resolution or authority letter may be attached as Exhibit B. The provision by the Local Agency to CDOT of such ordinance/resolution or authority letter is at the Local Agency’s discretion; and These recitals are hereby incorporated into the terms of this Agreement. NOW, THEREFORE, it is hereby agreed that: I. Scope of Work The Work under this Agreement shall consist of the inspection, operations, maintenance, and repair responsibilities of the Project as set forth and depicted in Exhibit A. II. Exhibits Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 3 of 9 The Exhibits attached to this Agreement are: Exhibit A- Scope of Work of the Project Exhibit B- Local Agency Resolution Exhibit C- PII Certification III. Order of Precedence In the event of conflicts or inconsistencies between this Agreement and its exhibits, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1. Special Provisions contained in Section IX of this Agreement 2. This Agreement 3. Exhibit A- Scope of Work of the Project 4. Exhibit B- Local Agency Resolution 5. Exhibit C- PII Certification IV. Term This Agreement shall begin the date approved by all Parties and shall extend for the useful life of the improvements, unless earlier modified or terminated by written agreement of the Parties. V. CDOT Commitments A. CDOT shall accept inspection, operation, maintenance, and repair responsibilities for the portions of the Work identified as CDOT’s area of responsibility shown in Exhibit A. B. CDOT shall, at its own cost and expense, inspect, operate, maintain, repair, and make ample provision each year for said activities for those portions of the Work identified as CDOT’s area of responsibility in Exhibit A. C. CDOT grants the Local Agency access to enter CDOT Right of Way (“ROW”) to perform inspection and maintenance duties. Though a separate access permit will not be required, notification to CDOT of a Local Agency approved and CDOT accepted Method of Handling Traffic shall be required for any work impacting traffic. D. CDOT (and FHWA, if applicable) may make periodic inspections of the Project and/or Facilities to verify that they are being adequately operated, maintained, and repaired. If CDOT inspections indicate the Project are not functioning as designed, CDOT may issue a written notice to the Local Agency to cure deficiencies. In the event the deficiencies are not remedied within the Project timeline after written notice from CDOT to the Local Agency, CDOT may take whatever steps CDOT deems necessary to maintain the Project. The Local Agency shall reimburse CDOT its actual and documented costs for such maintenance and repair work including labor, equipment, supplies, and materials. If CDOT repairs any deficiencies, it is under no obligation to maintain or repair in the future. VI. Local Agency Commitments Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 4 of 9 A. The Local Agency shall accept inspection, operation, maintenance, and repair responsibilities for the portions of the Work identified as the Local Agency’s area of responsibility for the Work shown in Exhibit A. B. The Local Agency shall, at its own cost and expense, inspect, operate, maintain, repair, and make ample provision each year for those portions of the Work identified as the Local Agency’s area of responsibility, as shown in Exhibit A. C. All Work by the Local Agency must be performed by a person experienced in the inspection, operation, and maintenance of the Project. This is to ensure that the Project are operating as designed. Any inspection form may be used if it is acceptable by agreement of the Parties. D. The Local Agency grants CDOT access to enter Local Agency ROW to perform CDOT’s inspection, operation, maintenance, and repair duties of the Work. E. If after inspection of the Project, CDOT may issue a written notice to cure deficiencies if the Local Agency fails to inspect, report, or properly maintain the Project identified in Exhibit A. In the event the deficiencies are not remedied within the Project timeline after written notice from CDOT to the Local Agency, CDOT may take whatever steps CDOT deems necessary to maintain the Project. The Local Agency shall reimburse CDOT its actual and documented costs for such maintenance and repair work including labor, equipment, supplies, and materials. If CDOT repairs any deficiencies, it is under no obligation to maintain or repair in the future. VII. Joint Commitments A. CDOT and the Local Agency will provide liaison through the representatives listed below. If the representatives or contact information changes the Party is to give written notice regarding the substitution of representatives or contact information to the other Party’s Liaisons. CDOT Project Liaison Cristobal Abbud, PM CDOT 2829 W Howard Pl Denver, CO 80204 Phone: 303-512-4135 Email: cristobal.abbudgarcia@state.co.us Local Agency Project Liaison Dan Klenjoski, Infrastructure Project Manager City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 Phone: 303-235-2863 Email: dklenjoski@ci.wheatridge.co.us Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 5 of 9 B. If safety concerns are identified relating to the Project, the Parties will partner with each other and any other affected local jurisdictions to identify the appropriate response to maintain safe and functional Project. C. Prior to commencing any activities, the Parties shall coordinate with each other to minimize impacts to landscaping and/or enhancements that were installed by the Local Agency. CDOT will not be responsible for replacing any enhanced landscaping or irrigation installed by the Local Agency. D. In the event the Project fail due to surpassing their useful life cycle, the Parties will be responsible for improvements that are not covered by maintenance responsibilities of the Local Agency pursuant to Exhibit A. E. Any fines levied against CDOT, or the Local Agency shall be the responsibility of the Party whose action or inaction is the cause of the fine, regardless of which Party the fine is levied against. F. The Parties shall make, keep, maintain, and allow inspection and monitoring by CDOT, of a complete file of all records, documents, communications, notes, and other written materials, electronic media files, and communications pertaining in any manner to the Work. The Parties shall maintain such records for the useful life of the Project, following federal, State, and Local Agency record retention policies in either paper or electronic form. VIII. General Provisions A. Assignment Local Agency’s rights and obligations under this Agreement are personal and may not be transferred or assigned without the prior, written consent of the State. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Local Agency’s rights and obligations approved by the State shall be subject to the provisions of this Agreement. B. Captions and References The captions and headings in this Agreement are for convenience of reference only, and shall not be used to interpret, define, or limit its provisions. All references in this Agreement to sections (whether spelled out or using the § symbol), subsections, exhibits or other attachments, are references to sections, subsections, exhibits, or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. C. Entire Understanding This Agreement represents the complete integration of all understandings between the Parties related to the Work, and all prior representations and Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 6 of 9 understandings related to the Work, oral or written, are merged into this Agreement. D. Modification The State may modify the terms and conditions of this Agreement by issuance of an updated Agreement, which shall be effective if Local Agency accepts Agreement Funds following receipt of the updated letter. The Parties may also agree to modification of the terms and conditions of the Agreement in a formal amendment to this Agreement, properly executed and approved in accordance with applicable Colorado State law and State Fiscal Rules. E. Statutes, Regulations, Fiscal Rules, and Other Authority Any reference in this Agreement to a statute, regulation, State Fiscal Rule, fiscal policy, or other authority shall be interpreted to refer to such authority then current, as may have been changed or amended since the Agreement Issuance Date. Local Agency shall strictly comply with all applicable Federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Digital Signatures If any signatory signs this Agreement using a digital signature in accordance with the Colorado State Controller Contract, Agreement and Purchase Order Policies regarding the use of digital signatures issued under the State Fiscal Rules, then any agreement or consent to use digital signatures within the electronic system through which that signatory signed shall be incorporated into this Agreement by reference. G. Severability The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect, provided that the Parties can continue to perform their obligations under the Agreement in accordance with the intent of the Agreement. H. Survival of Certain Agreement Terms Any provision of this Agreement that imposes an obligation on a Party after termination or expiration of the Agreement shall survive the termination or expiration of the Agreement and shall be enforceable by the other Party. I. Third Party Beneficiaries Except for the Parties’ respective successors and assigns described above, this Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental to the Agreement, and do not create any rights for such third parties. J. Waiver Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 7 of 9 A Party’s failure or delay in exercising any right, power, or privilege under this Agreement, whether explicit or by lack of enforcement, shall not operate as a waiver, nor shall any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege. K. Accessibility i. Local Agency shall comply with and the work provided under this Agreement shall be in compliance with all applicable provisions of §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability, as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. Local Agency shall also comply with all State of Colorado technology standards related to technology accessibility and with Level AA of the most current version of the Web Content Accessibility Guidelines (WCAG), incorporated in the State of Colorado technology standards. ii. The State may require Local Agency’s compliance to the State’s Accessibility Standards to be determined by a third party selected by the State to attest to Local Agency’s work and software is in compliance with §§24-85-101, et seq., C.R.S., and the Accessibility Standards for Individuals with a Disability as established by OIT pursuant to Section §24-85-103 (2.5), C.R.S. IX. COLORADO SPECIAL PROVISIONS (COLORADO FISCAL RULE 3-3) These Special Provisions apply to all contracts (agreements). Contractor refers to Local Agency and Contract refers to Agreement. A. Statutory Approval §24-30-202(1), C.R.S. This Contract shall not be valid until it has been approved by the Colorado State Controller or designee. If this Contract is for a Major Information Technology Project, as defined in §24-37.5-102(19), then this Contract shall not be valid until it has been approved by the State’s Chief Information Officer or designee. B. Fund Availability §24-30-202(5.5), C.R.S. Financial obligations of the Parties payable after the current State Fiscal Year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. Governmental Immunity Liability for claims for injuries to persons or property arising from the negligence of the Parties, its departments, boards, commissions committees, bureaus, offices, employees and officials shall be controlled and limited by the provisions of the Colorado Governmental Immunity Act, §24-10-101, et seq., C.R.S.; the Federal Tort Claims Act, 28 U.S.C. Pt. VI, Ch. 171 and 28 U.S.C. 1346(b), and the State’s risk management statutes, §§24-30-1501, et seq. C.R.S. No term or condition of this Contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, contained in these statutes. Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 8 of 9 D. Independent Contractor Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this Contract. Contractor shall (i) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (ii) provide proof thereof when requested by the State, and (iii) be solely responsible for its acts and those of its employees and agents. E. Compliance with Law Contractor shall comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. Choice of Law, Jurisdiction, and Venue Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this Contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to this Contract shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in the City and County of Denver. G. Prohibited Terms Any term included in this Contract that requires the State to indemnify or hold Contractor harmless; requires the State to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Nothing in this Contract shall be construed as a waiver of any provision of §24-106-109 C.R.S. Any term included in this Contract that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under this Contract, and no insurance policy shall be interpreted as being subject to any limitations of liability of this Contract. H. Software Piracy Prohibition State or other public funds payable under this Contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this Contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Routing #: 26-HA1-XC-00015 OLA #: 331003674 LA.MT.PWQ_4.11.23 Page 9 of 9 Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this Contract, including, without limitation, immediate termination of this Contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. Employee Financial Interest/Conflict of Interest §§24-18-201 and 24-50-507, C.R.S. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this Contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor’s services and Contractor shall not employ any person having such known interests. THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK EXHIBIT A SCOPE OF WORK Name of Project: Wadsworth Sidewalk: 32nd to 35th Project Number: AQC M361-013 SubAccount #: 25614 The City has included elements in the redesign of the Wadsworth Sidewalk as part of CDOT Project No. AQC M361-013, CDOT Subaccount No. 25614, that are not within CDOT maintenance purview and require the City to encumber maintenance responsibilities of those specialized items. The City shall be responsible for maintenance of the following items solely: 1.Pedestrian street lighting along the west side of Wadsworth Boulevard between 32nd Avenue and 35th Avenue along with associated appurtenances. 2.Concrete box culvert running along the west side Wadsworth Boulevard carrying theRocky Mountain Ditch.3.Concrete box culvert running beneath Wadsworth Boulevard approximately 700’ southof 35th Avenue carrying the Rocky Mountain Ditch4.Sidewalk chase drains on the west side of Wadsworth Boulevard approximately 300’ south of 35th Avenue and approximately 250’ north of 32nd Avenue. 5.Bus stop amenities on the west side of Wadsworth Boulevard approximately 100’ southof 35th Avenue. 6.Curbside landscaping on the west side of Wadsworth Boulevard between 32nd Avenue and35th Avenue. The City shall be responsible for the maintenance of the roadway improvements consistent with existing requirements that are outside the travel way. Roadway items include: 1. Curb ramps, including detectable warning surfaces 2.Sidewalk improvements/replacement 3. Curb and gutter 4.Storm sewer system in Wadsworth Boulevard 5.Signage and striping on 32nd Avenue and 35th Avenue CDOT shall be responsible for the maintenance of the remaining roadway improvements consistent with existing requirements within the travel way. Roadway items include: 1.Roadway pavement2. Signage and striping along Wadsworth Boulevard3.Traffic signal at 32nd Avenue Exhibit A - 1 of 2 32 N D A V E WADSWORTH BLVD JJ JJJJJJ MH MHMH MH SD( D ) SD ( D ) SD ( D ) SD( D ) SD( D ) SD( D ) 35 T H A V E 34 T H P L WADSWORTH BLVD J J J JJJ J NUMBERS STRUCTURE NO REVISIONS: REVISED: VOID:SHEET SUBSET: DETAILER: DESIGNER: SHEET NUMBER:SUBSET SHEETS: INIT.COMMENTSDATE: SHEET REVISIONS AS CONSTRUCTEDJuly 19, 2025PRINT DATE: VERT. SCALE: FILE NAME: UNIT INFORMATION 25-06-23_PROPOSED IMPROVEMENTS EXHIBIT.DWG HORIZ. SCALE: PROJECT NO./CODE Suite 400Denver, CO 80204 1525 Raleigh St PROJECT NO.: CODE: City of Wheat Ridge OF 7500 W. 29th Ave. Wheat Ridge, CO 80033 Phone: 303-205-7600 Region 1 CDOT F: \ 2 0 2 4 \ 0 3 5 0 1 - 0 4 0 0 0 \ 0 2 4 - 0 3 6 5 6 \ 4 0 - D e s i g n \ E x h i b i t s \ 2 5 - 0 6 - 2 3 _ P r o p o s e d I m p r o v e m e n t s E x h i b i t \ 2 5 - 0 6 - 2 3 _ P r o p o s e d I m p r o v e m e n t s E x h i b i t . d w g DA T E : J u l 1 9 , 2 0 2 5 5 : 4 4 p m U S E R : m o l s s o n NOT FOR CONSTRUCTION BGK 25614 AQC M361-0131" = 50'N/A NS ZD 1N/A 11 EXHIBIT A - MAP SCALE IN FEET 50'25'0' MA T C H L I N E - SE E B E L O W MA T C H L I N E - SE E A B O V E SIDEWALK MAINTAINED BY CITY OF WHEAT RIDGE SIDEWALK MAINTAINED BY CITY OF WHEAT RIDGE BUS STOP MAINTAINED BY CITY OF WHEAT RIDGE PEDESTRIAN LIGHTING MAINTAINED BY CITY OF WHEAT RIDGE PEDESTRIAN LIGHTING MAINTAINED BY CITY OF WHEAT RIDGE CURBSIDE LANDSCAPE MAINTAINED BY CITY OF WHEAT RIDGE CURBSIDE LANDSCAPE MAINTAINED BY CITY OF WHEAT RIDGE BOX CULVERT MAINTAINED BY CITY OF WHEAT RIDGEEXISTING TRAFFIC SIGNAL MAINTAINED BY CDOT STORM SEWER MAINTED BY CITY OF WHEAT RIDGE STORM SEWER MAINTED BY CITY OF WHEAT RIDGE BOX CULVERT MAINTAINED BY CITY OF WHEAT RIDGE ROADWAY PAVEMENT AND SIGNAGE/STRIPING ON WADSWORTH BOULEVARD MAINTAINED BY CDOT (SEE NOTE 1) CHASE DRAIN MAINTAINED BY CITY OF WHEAT RIDGE CHASE DRAIN MAINTAINED BY CITY OF WHEAT RIDGE ROADWAY PAVEMENT AND SIGNAGE/STRIPING ON WADSWORTH BOULEVARD MAINTAINED BY CDOT (SEE NOTE 1) CURB AND GUTTER MAINTAINED BY CITY OF WHEAT RIDGE CURB AND GUTTER MAINTAINED BY CITY OF WHEAT RIDGE SIGNAGE/STRIPING ON 32ND AVENUE MAINTAINED BY CITY OF WHEAT RIDGE SIGNAGE/STRIPING ON 35TH AVENUE MAINTAINED BY CITY OF WHEAT RIDGE NOTES: 1.ANY PEDESTRIAN OR BICYCLE-SPECIFIC WAYFINDING SIGNAGE AND STRIPING WILL BE MAINTAINED BY CITY OF WHEAT RIDGE. Exhibit A - 2 of 2 Exhibit B- Page 1 of 1 Exhibit B Local Agency Resolution (if applicable) Exhibit C - Page 1 of 1 EXHIBIT C PII Certification STATE OF COLORADO LOCAL AGENCY CERTIFICATION FOR ACCESS TO PII THROUGH A DATABASE OR AUTOMATED NETWORK Pursuant to § 24-74-105, C.R.S., I, _________________, on behalf of __________________________ (legal name of Local Agency) (the “Local Agency”), hereby certify under the penalty of perjury that the Local Agency has not and will not use or disclose any Personal Identifying Information, as defined by § 24-74-102(1), C.R.S., for the purpose of investigating for, participating in, cooperating with, orassisting Federal Immigration Enforcement, including the enforcement of civil immigration laws, and the Illegal Immigration and Immigrant Responsibility Act,which is codified at 8 U.S.C. §§ 1325 and 1326, unless required to do so to complywith Federal or State law, or to comply with a court-issued subpoena, warrant ororder. I hereby represent and certify that I have full legal authority to execute this certification on behalf of the Local Agency. Signature: __________________________ Printed Name: __________________________ Title: __________________________ Date: ___________ ITEM NUMBER: 1b DATE: August 11, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 38-2025 TITLE: A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 4, 2025 ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City of Wheat Ridge will participate in a coordinated election on November 4, 2025. The attached Resolution and Intergovernmental Agreement must be executed and forwarded to Jefferson County by Tuesday, August 26, 2025. The documents refer to the respective duties of the County and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the Coordinated Election. PRIOR ACTION: None FINANCIAL IMPACT: The City of Wheat Ridge shall pay its pro-rated costs (defined in the IGA) for all services, equipment, forms, and supplies provided by the County Clerk pursuant to this Agreement. The Jurisdiction’s pro-rated costs shall be determined in accordance with the formula set forth in the IGA (Exhibit A) attached hereto and incorporated herein by this reference. Council Action Form – Coordinated Election IGA August 11, 2025 Page 2 BACKGROUND: The duties of the County Clerk include, but are not limited to ballot preparation, voter lists, staff selection and training, providing election supplies, mailing of the ballots, counting of the ballots, and certification of results. The duties of the City of Wheat Ridge include but are not limited to Call and Notice and ballot preparation. The City Clerk shall act as the City of Wheat Ridge’s “Election Officer” and the designated election official. The City Clerk shall act as the primary liaison between the City of Wheat Ridge and the Contact Officer for the County Clerk and Recorder. RECOMMENDATIONS: The County Clerk and the City Clerk of the City of Wheat Ridge have determined that it is in the best interests of Jefferson County, the City and their respective inhabitants to cooperate and contract concerning the Election upon the terms and conditions in the Intergovernmental Agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 38-2025, a resolution authorizing the appropriate city officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 4, 2025.” Or, “I move to postpone indefinitely Resolution No. 38-2025, a resolution authorizing the appropriate city officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the coordinated election to be held on November 4, 2025, for the following reason(s) __________________.” REPORT PREPARED/REVIEWED BY: Margy Greer, Sr. Deputy City Clerk Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 38-2025 2. IGA between Jefferson County and the City of Wheat Ridge ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 SERIES OF 2025 TITLE: A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 4, 2025 WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the Jefferson County Clerk (“County Clerk”) and the City of Wheat Ridge (“City”) shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 4, 2025 (“Election”); and WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the “City Clerk”) are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a “coordinated mail ballot election” as such term is defined in the Uniform Election Code of 1992, C.R.S. Title 1, as amended (“Code”) and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (“Rules”); and WHEREAS, the City has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the City have determined that it is in the County’s and City’s best interests to cooperate in connection with the Election upon the terms and conditions contained in the Intergovernmental Agreement. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the County’s and City’s respective duties concerning the conduct of the coordinated election to be held on November 4, 2025 (“IGA”), attached hereto as Exhibit A. Section 2. For the purposes of the November 4, 2025, election and to carry out the directive of the IGA, the City shall utilize the provisions of the Uniform Election Code of 1992. DONE AND RESOLVED this 11th day of August 2025 [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk Page 1 of 21 INTERGOVERNMENTAL AGREEMENT FOR ELECTION COORDINATION THIS INTERGOVERNMENTAL AGREEMENT FOR ELECTION COORDINATION (this “Agreement”), dated for reference purposes only this 4th day of June, 2025, is by and between the CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO (“County Clerk”) and the CITY OF WHEAT RIDGE (the “Jurisdiction,” and together with the County Clerk, the “Parties.”) RECITALS A.The County Clerk and the Jurisdiction are authorized to conduct elections under Colorado law; B.The Parties wish to coordinate the administration of their respective election matters at the upcoming election to be held on November 4, 2025 (the “Election”); and C.This Agreement sets forth the Parties’ respective duties and responsibilities in connection with the preparation for, and conduct of, the Election. AGREEMENT In consideration of the foregoing recitals and the mutual covenants and promises herein contained, the Parties agree as follows: 1.Definitions. Capitalized terms not otherwise defined herein shall have the meanings set forth below: a.“Applicable Law” means all law applicable to the Election, including, without limitation, the Colorado Constitution, the Uniform Election Code (as defined below), UOCAVA (as defined below) and the Rules (as defined below). b.“Ballot Box” means a locked and secured container meeting the requirements of Applicable Law in which ballots may be deposited. c.“Ballot Issue” shall have the meaning ascribed to that term in C.R.S. § 1-1-104(2.3). d. “Ballot Issue Notice” shall have the meaning ascribed to that term in C.R.S. § 1-1-104(2.5). e. “Ballot Measure” means any Ballot Issue or Ballot Question. f.“Ballot Question” shall the meaning ascribed to that term in C.R.S. § 1-1-104(2.7). g.“DEO” means Designated Election Official, the person designated by the Jurisdiction as the person who is responsible for the conduct of the Jurisdiction’s election in accordance with C.R.S. § 1-1-104(8). h.“Election Audit” means a risk-limiting audit performed in accordance with the requirements of C.R.S. § 1-7-515. i.“Election Canvass” means the process of reconciling the ballots cast in the Election to the ballots counted, which is performed in accordance with the requirements of C.R.S. § 1-10- 101, et seq. ATTACHMENT 2 Page 2 of 21 j. “Precinct” means an area with established boundaries within the Jurisdiction used to establish election districts. k. “Rules” means the current rules and regulations governing election procedures adopted by the Colorado Secretary of State, including any amendments adopted after execution of this Agreement. l. “Shared Election Costs” means all costs incurred by the County Clerk in connection with the Election that are eligible to be shared between the County Clerk and the Jurisdiction. Shared Election Costs include, without limitation, costs incurred by the County related to temporary election staff (such as election judges), including training and onboarding costs, regular County Clerk employee overtime costs related to the Election, the cost of printing ballots, costs for non-routine support, maintenance, handling and delivery of Election equipment, hardware and software, the cost of preparing minority language sample ballots and TABOR Books, costs of Election forms, materials, supplies and postage, VSPC rental and setup costs, and costs of Election Day meals. m. “TABOR Book” means a booklet containing Ballot Issue Notices prepared and mailed to eligible voters in accordance with Applicable Law and the terms of this Agreement. n. “Uniform Election Code” means Articles 1 to 13 of Title 1 of the Colorado Revised Statutes. o. “UOCAVA” means the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. § 20301, et seq., as incorporated in Colorado pursuant to C.R.S. 1-8.3-101, et seq. 2. Term. The term of this Agreement shall commence on the date it is validly executed by both Parties and shall continue until all obligations of both Parties under the Agreement have been completed. 3. Designation of Coordinated Election Official. The Parties agree that the County Clerk shall serve as the “Coordinated Election Official” for the Election. As the Coordinated Election Official, the County Clerk shall conduct the Election on behalf of the Jurisdiction and shall be responsible for performing such duties as are assigned to a Coordinated Election Official under Applicable Law, except to the extent specifically modified herein. 4. Designation of Liaisons. a. Each Party designates the individuals listed below as its liaison and alternate liaison hereunder. County Clerk Liaison Cynthia Rasor Jefferson County Elections Division 3500 Illinois Street, Suite 1100 Golden, CO 80401 Direct Phone: (303) 271-8115 Office Phone: (303) 271-8111 Email: logistics@jeffco.us Alternate County Clerk Liaison Geneice Murphy Jefferson County Elections Division 3500 Illinois Street, Suite 1100 Golden, CO 80401 Office Phone: (303) 271-8111 Email: gmurphy@jeffco.us Page 3 of 21 Jurisdiction Liaison (DEO) Name Title/Office Address City, State, Zip Code Direct Phone Number Office Phone Number Email Alternate Jurisdiction Liaison Name Title/Office Address City, State, Zip Code Direct Phone Number Office Phone Number Email b.The County Clerk Liaison shall act as the County Clerk’s primary liaison with the Jurisdiction for the Election and shall have primary responsibility for performance of the County Clerk’s obligations hereunder. In the event the Jurisdiction needs immediate assistance and the Election Liaison is unavailable, the Jurisdiction shall contact the Alternate County Clerk Liaison. c.The Jurisdiction Liaison shall act as the Jurisdiction’s primary liaison with the County Clerk for the Election and shall have primary responsibility for the performance of the Jurisdiction’s obligations hereunder. In the event the County Clerk needs immediate assistance and the Jurisdiction Liaison is unavailable, the County Clerk shall contact the Alternate Jurisdiction Liaison. The Jurisdiction Liaison can be updated by notice to the County Clerk. 5.Notices. Except as otherwise provided herein, all correspondence and notices required to be given under this Agreement shall be delivered to the Parties’ respective liaisons identified above at the addresses listed above and shall be deemed received: (1) three days after the notice or correspondence is mailed by first class, certified mail; (2) immediately upon hand delivery; or (3) upon confirmation of receipt of email transmission. 6.Mail Ballot Election. The Election shall be held on November 4, 2025 (“Election Day”) and shall be conducted as a mail ballot election in accordance with the procedures of the Mail Ballot Election Act, C.R.S. § 1-7.5-101, et seq. Page 4 of 21 7. Jurisdictional Limitation. a. If the Jurisdiction encompasses territory outside of Jefferson County, Colorado, this Agreement shall be construed to apply only to that portion of the Jurisdiction that falls within Jefferson County. b. Notwithstanding the foregoing, if the Jurisdiction encompasses territory outside of Jefferson County, the County Clerk will coordinate with the designated election official(s) of such other territories for the purpose of assigning ballot numbers/letters, certifying TABOR Book content, and other matters appropriate under Applicable Law, in accordance with the Rules governing “controlling counties.” 8. No Use of Instant Runoff Voting. The Jurisdiction has not provided notice to the County Clerk that any of the Jurisdiction’s races or contests will use instant runoff voting pursuant to C.R.S. § 1- 7-118. Accordingly, instant runoff voting will not be used for any of the Jurisdiction’s races or contests. 9. Responsibilities of the Parties. The Jurisdiction and County Clerk shall perform the following responsibilities in connection with the preparation for, and conduct of, the Election, in accordance with the terms of this Agreement and Applicable Law: a. Execution and Documentation of Authority. On or before 12:00 pm on August 26, 2025, the Jurisdiction shall email the County Clerk (logistics@jeffco.us): i. a PDF of this Agreement validly executed by the Jurisdiction; and ii. a copy of a duly-passed resolution stating that the Jurisdiction will coordinate with the County Clerk in the Election in accordance with the terms of this Agreement and Applicable Law and authorizing the Jurisdiction to enter into this Agreement. b. Maps and Legal Descriptions. i. If there were any changes to the boundaries of the Jurisdiction since January 1, 2025, the Jurisdiction shall provide the County Clerk with the Jurisdiction’s current shapefiles (point-to-point geometry using points, lines and area features to define the Jurisdiction’s boundaries) or updated address library files, including each Precinct, district/ward and the voting jurisdiction. promptly upon execution of this Agreement, but no later than August 18, 2025. c. Election Preparation and Support i. VSPCs. The County Clerk shall establish, staff, equip and operate all Voter Service Polling Centers. ii. Election Judges. The County Clerk shall engage, train and coordinate the scheduling of all election judges. iii. Equipment and Supplies. The County Clerk shall obtain all necessary equipment and supplies to conduct the Election, including all voting equipment, ballots and forms. iv. Ballot Boxes. The County Clerk shall establish, maintain, and collect ballots from all Ballot Boxes. Page 5 of 21 1) The Jurisdiction shall not take any action that would prevent voters from accessing any Ballot Box twenty-four hours per day during the period beginning October 10, 2025 through and including Election Day. v. Ballot Counting Process. The County Clerk shall (1) establish, staff, equip and operate a centralized ballot counting location for the Election, (2) establish ballot counting procedures for the Election; and (3) establish backup ballot counting procedures and sites for ballot counting in the event its ballot counting equipment fails during the Election. vi. Voter Support. The County Clerk shall provide telephone and in-person support to voters during the in-person voting period and from 7:00 a.m. to 7:00 p.m. on Election Day. vii. Election Notices. The County Clerk shall publish all Election notices required by Applicable Law. 1) The Jurisdiction shall not publish any notice related to the Election without first obtaining the approval of the County Clerk. To request approval to publish a notice the Jurisdiction shall provide the County Clerk with all relevant information related to the proposed publication, including a copy of the proposed notice, at least one (1) week prior to the Jurisdiction’s deadline for submitting the proposed notice to the publisher. The Jurisdiction shall bear full responsibility for any Election notices published without the County Clerk’s approval and shall comply with all instructions issued by the County Clerk to remedy any incorrect or improper notices. d. Logic and Accuracy Test. The County Clerk shall prepare for and conduct the Logic and Accuracy Test (“LAT”). 1) The County Clerk will notify the Jurisdiction of the date and time of the LAT, once it has been scheduled, and request confirmation as to whether the Jurisdiction intends to attend the LAT. If the Jurisdiction wishes to attend and witness the LAT, the Jurisdiction Liaison must submit the name of the Jurisdiction’s attendee in writing to the County Clerk within seventy-two (72) hours of its receipt of the above-described notice. If the Jurisdiction fails to meet this deadline, the County Clerk shall deem the failure to be a decision by the Jurisdiction not to witness the LAT and will act on behalf of the Jurisdiction, as appropriate. e. Property Owner Lists. If the Jurisdiction is a Special District or allows property owners to vote regarding the Jurisdiction's Ballot Measures or candidates, the procedures and deadlines in Exhibit B of this Agreement detail the Jurisdiction's additional responsibilities with regard to the Election. f. Candidate Voice Messages. The Jurisdiction shall inform any candidates running for office in the Jurisdiction to call the County Clerk at (303) 271-8115 between August 29, 2025 and 12:00 p.m. on September 5, 2025 and leave a message containing the following information: i. The proper pronunciation of the candidate’s name; Page 6 of 21 ii. The title of the office that the candidate is running for; and iii. The name of the Jurisdiction that the office is part of. g. Certification of Jurisdiction Ballot Measures. The Jurisdiction shall be responsible for certifying, and for taking all actions required by Applicable Law to certify, any Ballot Measures included on the Jurisdiction’s ballot certification (including both Ballot Measures referred by the Jurisdiction itself and citizen-initiated Ballot Measures affecting the Jurisdiction). h. Ballot Preparation i. No later than 12:00 p.m. on September 5, 2025, the Jurisdiction shall electronically submit its ballot certification to the County Clerk via text document (preferably Microsoft Word – no PDF). If the Jurisdiction fails to submit the ballot certification by the above deadline, the ballot certification may not be accepted by the County Clerk. 1) The Jurisdiction shall submit its ballot certification using the ballot certification template provided by the County Clerk. 2) The Jurisdiction’s ballot certification shall include all of the races, candidates and contests that will be presented to the Jurisdiction’s voters in the Election, including the text of all Ballot Measures, in the exact order that they need to appear on the ballot. 3) The ballot certification shall not be embedded in an email and shall not contain any extraordinary (unique) formatting. Examples of extraordinary (unique) formatting not permitted in the ballot certification include, but are not limited to: (a) text boxes; (b) charts; (c) spreadsheets; (d) strikeouts; (e) bolding; and (f) symbols. 4) The Jurisdiction shall proofread the language of any Ballot Measures that appear in the ballot certification prior to sending it to the County Clerk for initial text lay out. The Jurisdiction shall be solely responsible for ensuring the legality and accuracy of all Ballot Measure language. 5) The Jurisdiction shall ensure the correct spelling of the name of each candidate running for Jurisdiction office, if applicable. 6) The Jurisdiction shall not assign a ballot number to any Ballot Measure. The County Clerk shall determine the numbering of all Ballot Measures in accordance with Applicable Law and will provide the Jurisdiction with the ballot number after ballot certification. ii. Upon receipt of the ballot certification from the Jurisdiction, the County Clerk will: 1) Consolidate the ballot certification content received from all Jurisdictions and organize it into the structure in which it will appear on the printed ballot(s); 2) Determine the numbering of all Ballot Measures; and Page 7 of 21 3) Provide a document containing the Jurisdiction’s final draft ballot printing layout and text to the Jurisdiction, with instructions to perform a final review and provide final approval by a date set forth in the instructions. 4) The County Clerk reserves the right to change the content of the Jurisdiction’s ballot certification (other than candidate name/ballot question content) in order to ensure ballot consistency. iii. Upon receipt of the final draft ballot layout from the County Clerk, the Jurisdiction Liaison or Alternate Jurisdiction Liaison shall be available to perform a final review and proofread of the ballot layout and provide final approval to the County Clerk by the deadline included in the instructions sent to the Jurisdiction. Once approved, the ballot layout cannot be changed. iv. Between October 10, 2025 and October 17, 2025 , the County Clerk shall print and mail ballots to each active eligible Jefferson County voter, together with voter instructions, outgoing envelope, return envelope and any other items required by Applicable Law. v. From October 14, 2025 through the 8-day mailing cutoff, the County Clerk shall mail supplemental ballots to eligible Jefferson County voters who were not included in the initial mailing. i. Preparation of Spanish Language Ballot i. In accordance with Applicable Law, the County Clerk will prepare an in-person Spanish language ballot containing all of the same content that is on the English language ballot and make the Spanish language ballot accessible to Jefferson County voters on the County Clerk’s public website, at Voter Service Polling Centers, and at such other locations as the County Clerk determines. The County Clerk reserves the right to determine whether the in-person Spanish language ballot is made available to voters in printed or electronic form. ii. The Jurisdiction shall be responsible for preparing a Spanish language translation of the title and text of all Ballot Measures included on the Jurisdiction’s ballot certification (including both Ballot Measures referred by the Jurisdiction itself and citizen-initiated Ballot Measures affecting the Jurisdiction) and all Jurisdiction offices on the ballot. 1) The Jurisdiction’s Spanish language ballot translation shall be prepared in accordance with Applicable Law including, without limitation, all applicable requirements of the Ballot Access for All Citizens Act, C.R.S. §§ 1-5-901 et seq., and the Secretary of State’s rules promulgated thereunder. Without limiting the generality of the foregoing, the Jurisdiction (a) shall have the Spanish language ballot translation prepared by a “qualified translator or interpreter,” as that term is defined in C.R.S. § 1-5-903(4) and Secretary of State Rule 4.8.9; and (b) shall provide a Spanish language ballot translation that is linguistically accurate, culturally appropriate, and technically consistent with the original documents. iii. No later than 12:00 pm on September 5, 2025, the Jurisdiction shall electronically submit its Spanish language ballot translation to the County Clerk via text document (preferably Microsoft Word – no PDF). Page 8 of 21 1) The Jurisdiction’s Spanish language ballot translation shall include the text of all Jurisdiction offices and Ballot Measures on the Jurisdiction’s ballot certification, in the exact order that they will appear on the ballot (matching order of the English language ballot certification submitted at the same time). iv. The County Clerk shall be responsible for providing Spanish language translations of all voter instructions and voter information in the TABOR Book, and other ballot content not required to be provided by the Jurisdiction or other participating jurisdictions. The Jurisdiction agrees to release the County Clerk from all claims it may have relating to the County Clerk’s translation of such content (including, without limitation, all claims relating to the accuracy of the translation) provided that the County Clerk (a) has had the translation performed by a qualified translator or interpreter; and (b) otherwise complies with Applicable Law. The County Clerk is under no obligation to re-translate voter instructions, section headers, or voter information that has not changed from prior years. j. Ballot Issue Notice Preparation i. On or before 12:00 p.m. on September 22, 2025, the Jurisdiction shall provide the County Clerk with the full text of the Ballot Issue Notice covering all of the Jurisdiction’s Ballot Issue(s). The Ballot Issue Notice shall include all information required by Applicable Law, including without limitation the following: 1) The name of the Jurisdiction; 2) The identity and contact information of the Jurisdiction contact person; 3) The text of each Ballot Issue in the form finally certified and accepted by the County Clerk; 4) All other required Ballot Issue language, including but not limited to: a) A fiscal impact statement, if required; and b) Summaries of all comments for and against each Ballot Issue validly received by the Jurisdiction, or a statement that no comments were filed by the constitutional deadline. i) The Jurisdiction shall be responsible for accepting, filing, summarizing and retaining comments concerning the Jurisdiction’s Ballot Issues and shall ensure that all requirements of Applicable Law are complied with, including, without limitation, ensuring that all comments submitted to the Jurisdiction include a signature and a physical address where the signor is registered to vote. ii. Delivery and Formatting Requirements 1) The Jurisdiction shall electronically deliver the Ballot Issue Notice to the County Clerk via text document (preferably Microsoft Word – no PDF). 2) The Jurisdiction shall use the TABOR Ballot Issue Notice template provided by the County Clerk. 3) The text of the Ballot Issue shall be in all UPPERCASE. Page 9 of 21 4) All other text in the Ballot Issue Notice (including the identity and contact information of the Jurisdiction contact person, the fiscal impact statement, if required, and the summaries of comments for and against each Ballot Issue), shall be in upper and lower case. 5) The Ballot Issue Notice shall not be embedded in an email and shall not contain any extraordinary (unique) formatting. a) Examples of extraordinary (unique) formatting not permitted in the Ballot Issue Notice includes, but are not limited to: (a) text boxes; (b) charts; (c) spreadsheets; (d) strikeouts; (e) bolding; and (f) symbols. 6) The Jurisdiction shall be solely responsible for ensuring the legality and accuracy of all Ballot Issue Notice language. iii. TABOR Book Layout. Upon receipt of the Ballot Issue Notice from the Jurisdiction, the County Clerk shall: 1) Consolidate the Ballot Issue Notice content received from all Jurisdictions and organize it into the structure in which it will appear in the TABOR Book; 2) Add a list of County VSPCs and Ballot Boxes, and any other information required by Applicable Law, to the TABOR Book; and 3) Provide a final draft layout of the TABOR Book to the Jurisdiction with instructions to perform a final review of their portion of the TABOR Book and provide final approval by a date set forth in the instructions. 4) The County Clerk reserves the right to change the content of the Jurisdiction’s Ballot Issue Notice (other than the ballot question content) in order to ensure consistency. iv. Final Review and Proofread. On September 22, 2025, the Jurisdiction Liaison or Alternate Jurisdiction Liaison shall be available to perform a final review and proofread of the Jurisdiction’s portion of the TABOR Book and provide final approval of such portion to the County Clerk by the deadline included in the instructions sent to the Jurisdiction. Upon completion of the Jurisdiction’s review and proofread of their portion of the TABOR Book, the Jurisdiction Liaison or Alternate Jurisdiction Liaison shall send approval of its content via electronic transmission to the County Clerk. Once approved, Ballot Issue Notice text cannot be changed. 1) The Jurisdiction shall have no more than 2 hours from the time the County Clerk sends the TABOR Book to perform the final review and proofread. If the Jurisdiction fails to meet this deadline, the County Clerk shall deem the failure to be a decision by the Jurisdiction to approve the Jurisdiction’s portion of the TABOR book in the form transmitted by the County Clerk (including any modifications proposed by the County Clerk). v. Printing and Mailing. On or before October 3, 2025, the County Clerk shall print and mail the TABOR Book to each address in Jefferson County at which one or more active, registered Jefferson County voter resides. 1) Nothing herein shall preclude the County Clerk from including ballot issue notices for more than one jurisdiction in the TABOR Book if doing so arises from the Page 10 of 21 County Clerk’s efforts to mail the TABOR Book at “least cost” and such mailing conforms with Applicable Law. vi. TABOR Books for Non-Jefferson County Voters. The Jurisdiction shall be solely responsible for preparing and mailing TABOR Books to voters who reside outside of Jefferson County. 1) Notwithstanding the foregoing, the County Clerk will make a PDF of the final TABOR Book available on its website, which the Jurisdiction may print and mail copies of to voters who reside outside of Jefferson County at its sole expense. 2) If the Jurisdiction wishes to print and mail extra TABOR Books for non-Jefferson County residents, the Jurisdiction shall be solely responsible for its acts or omissions in connection therewith. 3) The County Clerk will not agree to prepare special TABOR Books for non- Jefferson County residents. k. Ballot Counting / Result Reporting i. The County Clerk shall process all ballots received during the Election voting period according to Applicable Law. ii. Between 7:00 p.m. and 7:30 p.m., and at approximately 9:00 p.m., on Election Day, the County Clerk shall upload unofficial Election results to the Election Night Reporting (“ENR”) system (unless the Secretary of State waives or modifies these deadlines or the ENR system is offline or otherwise unavailable). iii. The County Clerk shall have the right, but not the obligation, to upload unofficial Election results to its public website on or after Election Day. iv. Upon completion of the Election Canvass no later than November 26, 2025, the County Clerk shall upload a Jurisdiction-wide summary of the official Election results to the ENR system. v. If there is not a recount affecting the County, the County Clerk shall upload the official Precinct or District-level Election results and Cast Vote Record to its public website and make these results available to the Jurisdiction upon request on December 5, 2025. If there is a recount affecting the County, the County Clerk shall upload the official Precinct or District-level results and Cast Vote Record to its public website and make these results available to the Jurisdiction upon request within three (3) business days following completion of the recount. l. Election Audit. On or before November 25, 2025, the County Clerk, in collaboration with the Election audit board(s), shall conduct, assist and oversee the Election Audit. i. The County Clerk will notify the Jurisdiction of the date and time of the Election audit, once it has been scheduled, and request confirmation as to whether the Jurisdiction intends to attend the audit. If the Jurisdiction wishes to attend and witness the audit, the Jurisdiction Liaison must submit the name of the Jurisdiction’s attendee in writing to the County Clerk within seventy-two (72) hours of its receipt of the above-described notice. If the Jurisdiction fails to meet this deadline, the County Clerk shall deem the failure to be a decision by the Jurisdiction not to witness the Election audit and will act on behalf of the Jurisdiction, as appropriate. Page 11 of 21 m. Election Canvass. On or before November 26, 2025, the County Clerk shall instruct and oversee the board of canvassers, who are responsible for conducting an Election Canvass and certifying the official abstract of votes cast for all candidates and Ballot Measures in the Election. i. The County Clerk will notify the Jurisdiction of the date and time of the Election canvass, once it has been scheduled, and request confirmation as to whether the Jurisdiction intends to attend the canvass. If the Jurisdiction wishes to attend and witness the canvass, the Jurisdiction Liaison must submit the name of the Jurisdiction’s attendee in writing to the County Clerk within seventy-two (72) hours of its receipt of the above-described notice. If the Jurisdiction fails to meet this deadline, the County Clerk shall deem the failure to be a decision by the Jurisdiction not to witness the Election canvass and will act on behalf of the Jurisdiction, as appropriate. n. Election Recount. The County Clerk shall conduct an Election recount, if required by Applicable Law. The County Clerk will coordinate additional logistics, cost allocation and information with the Jurisdiction if a recount is required for one of the Jurisdiction's contests, races, or ballot measures. 10. Duties Subject to Jurisdiction Performance. The responsibility of the County Clerk to perform the duties set forth above are contingent upon the Jurisdiction’s performance of its own duties hereunder. The County Clerk shall not be responsible for failing to meet any deadlines for mailing the TABOR Book if such failure was caused by the Jurisdiction’s failure to timely submit the required information in a form required by this Agreement and Applicable Law. 11. Compliance with Deadlines. The County Clerk is providing the Jurisdiction with a schedule of Election-related dates and deadlines in Exhibit C of this Agreement. The Jurisdiction shall comply with the deadlines included therein. 12. Withdrawal/Cancellation a. The Jurisdiction may cancel an election of persons to office or withdraw a Ballot Measure only as permitted by Applicable Law. b. If the Jurisdiction resolves to cancel an election to office or withdraw a Ballot Measure, the Jurisdiction shall do the following: i. Provide the County Clerk with written notice of such determination immediately; ii. Provide public notice by publication of such cancellation or withdrawal as required by Applicable Law; and iii. Pay the County Clerk its actual costs incurred in connection with the cancelled election or withdrawn Ballot Measure, which may include costs incurred by the County Clerk both before and after receipt of the Jurisdiction’s notice of cancellation or withdrawal. Such payment shall be due within thirty (30) days after the Jurisdiction’s receipt of an invoice from the County Clerk for such payment. Page 12 of 21 c. The Jurisdiction must provide written notice of a cancelled election or withdrawn Ballot Measure no later than 12:00 p.m. on September 5, 2025 in order to have such election or Ballot Measure removed from the ballot. 13. Recordkeeping. The County Clerk shall store all Election records, including but not limited to all voted and unvoted ballots, voter affidavits, and Election Canvass and results reports for the required record retention periods under federal and state law. 14. Use and Confidentiality of Voter Records. The Jurisdiction shall be responsible for ensuring that any voter records received by the Jurisdiction are used for the sole purpose of performing its duties described herein. The Jurisdiction shall ensure that all voter records are maintained in accordance with the requirements of Applicable Law, including, without limitation, the Colorado Open Records Act, C.R.S. §§ 24-72-200.1, et seq. 15. Payment of Shared Election Costs. The Jurisdiction shall reimburse the County Clerk for the Jurisdiction’s pro-rated share of the Shared Election Costs. The Jurisdiction’s share of the Shared Election Costs shall be calculated in accordance with the formulas set forth in Exhibit A to this Agreement. The Jurisdiction’s payment of its share of the Shared Election Costs shall be due within thirty (30) days after the Jurisdiction’s receipt of an invoice from the County Clerk for such payment. 16. Payment of Recount Costs. In the event of a required or requested Election recount, responsibility for the costs incurred by the County Clerk in connection with such recount shall be determined in accordance with C.R.S. §§ 1-10.5-101 and 1-10.5-106. If the Jurisdiction is responsible for any portion of such costs, those costs will be detailed and added to the invoice provided by the County Clerk for Shared Election Costs after the Election. 17. Miscellaneous Provisions a. Amendment. This Agreement may not be modified or amended except in writing signed by the Parties. b. Entire Agreement. This Agreement and its exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, understandings, representations and all other communications, both oral and written, between the Parties. c. Liability. The Parties understand and agree that liability for claims for injuries to persons or property arising out of the acts or omissions of either party is controlled and limited by the Colorado Constitution and the Colorado Governmental Immunity Act (C.R.S. § 24-10-101, et seq.). Each party shall be responsible for any and all claims incurred as a result of any alleged act or omission of the said party and its employees, which occurred or is alleged to have occurred during the performance of their duties within the scope of their employment, except where such acts or omissions are willful and wonton. d. Conflict with Law. In the event that any provision in this Agreement conflicts with Applicable Law, this Agreement shall be modified to conform thereto. Page 13 of 21 e. Time of Essence. Time is of the essence in the performance of this Agreement. Any deadlines or other time limits set forth in Applicable Law shall apply to completion of the tasks required by this Agreement. f. No Third-Party Beneficiaries. Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entity not a party to this Agreement. g. Further Assurances. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. h. Governing Law; Jurisdiction & Venue. This Agreement and the rights of the Parties under it will be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to the conflicts of laws and rules of Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under this Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Jefferson, State of Colorado. i. Headings. The section headings in this Agreement are for reference only and shall not affect the interpretation or meaning of any provision of this Agreement. j. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. k. Immunities Preserved. It is the intention of the Parties that this Agreement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunities Act, § 24-10-101, C.R.S., et seq. l. Execution by Counterparts; Electronic Signatures. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. The Parties approve the use of electronic signatures for execution of this Agreement. All documents must be properly notarized, if applicable. All use of electronic signatures shall be governed by the Uniform Electronic Transactions Acts, C.R.S. §§ 24-71.3-101 to -121. [The remainder of this page is intentionally left blank.] Page 14 of 21 The Parties hereto have signed this Agreement as of the date indicated below. JURISDICTION: By: Name/Title: Date: JURISDICTION LEGAL COUNSEL – OPTIONAL By: Name/Title: Date: COUNTY CLERK: CLERK AND RECORDER FOR THE COUNTY OF JEFFERSON, STATE OF COLORADO By: Amanda Gonzalez, Jefferson County Clerk & Recorder Date: APPROVED AS TO FORM: Kurtis Diniz Behn Assistant County Attorney Page 15 of 21 EXHIBIT A Shared Election Costs are divided into “General Election Costs” and “TABOR Election Costs.” General Election Costs are parts of the Shared Election Costs common to the entire election and all jurisdictions participating, such as election judge salaries, mail ballot printing, mailing and postage costs, and vote center costs. General Election Costs are allocated among the County Clerk and all coordinating jurisdictions in accordance with Section I below. TABOR Election Costs include only the costs of printing and mailing TABOR Books and are only allocated among the County Clerk and those jurisdictions that have Ballot Issues subject to TABOR, in accordance with Section II below. If Jefferson County certifies ballot measures, the County shall be considered a coordinating jurisdiction for purposes of allocation of costs in the Exhibit in addition to costs allocated to the County Clerk in accordance with Sections I and II below. Please note that the dollar amounts used in this Exhibit A are for illustration purposes only and do not reflect actual or estimated costs of the Election. A) Allocation of General Election Costs All General Election Costs are allocated among the Colorado Department of State, County Clerk and all coordinating jurisdictions so long as at least one state candidate or ballot measure is certified for the Election. Allocations will be calculated as follows: 1. First, the County Clerk determines the total General Election Costs incurred during the Election by completing the post-election reimbursement submission to the Colorado Department of State. 2. Next, the County Clerk will determine the local portion of the General Election Costs to be allocated between coordinating jurisdictions (the “Local Portion”) pursuant to Applicable Law. a. 45% of the "Total Reimbursable Election Expenses" from the Colorado Department of State submission will be allocated to the state and reimbursed by the Department of State pursuant to state statute. b. 5% of the Total Reimbursable Election Expenses will be allocated to the County Clerk based on their statutory responsibilities. c. The remaining 50% of the General Expenses is the Local Portion that is allocated between coordinating jurisdictions. 3. Next, the County Clerk ascertains (a) the number of active, registered voters plus the number of property owners sent a ballot in each coordinating jurisdiction for the Election; (b) the total number of all active registered voters (and property owners) from all coordinating jurisdictions in the Election and (c) the relative percentage of the total active, registered voters (and property owners) that each coordinating jurisdiction comprises, as of Election Day. 4. Finally, the County Clerk calculates each jurisdiction’s share of the Local Portion of the General Election Costs by multiplying its percentage responsibility by the Local Portion. B) Allocation of TABOR Election Costs This section only applies to Jurisdictions with Ballot Issues subject to TABOR. The costs incurred by County Clerk during the Election for printing and mailing TABOR Books (the “TABOR Election Costs”) are allocated among the County Clerk and jurisdictions that have Ballot Issues subject to TABOR as follows: Page 16 of 21 1. The County Clerk charges a two-tiered per-page fee based on actual cost information from the most recent election’s TABOR Book, with different fees for large and small coordinating jurisdictions. For the Election, the per-page fees are: Small Jurisdictions (less than or equal to 10,000 active, registered voters as of Election Day) $2,600 per page Large Jurisdictions (more than 10,000 active, registered voters as of Election Day) $3,900 per page 2. Each jurisdiction with a Ballot Issue is charged for the number of pages in the TABOR Book that contains information regarding that jurisdiction’s Ballot Issues. The front and back covers, table of contents, and any pages containing voter information from the County Clerk’s office will be counted as pages allocated to the County Clerk. Partial pages are included in the count for each jurisdiction the same as full pages. 3. The County Clerk calculates each jurisdiction’s total share of the TABOR Election Costs by multiplying its number of pages in the TABOR Book by the per page fee appropriate for its jurisdiction size. If the total amount due from all jurisdictions exceeds the actual amount of the TABOR Election Costs incurred, the County Clerk will reduce the per-page fees proportionately. If the total amount due from all jurisdictions is lower than the actual charges, the County Clerk will be responsible for the remainder. C) Calculation of Total Amount Due The County calculates the total amount due from each coordinating jurisdiction by adding the Jurisdiction’s share of the General Election Costs to the Jurisdiction’s share of the TABOR Election costs (if the Jurisdiction had a Ballot Issue subject to TABOR). Each jurisdiction is assessed a minimum of $1,000, so if this total is less than $1,000, the jurisdiction would be assessed $1,000. Example of calculation under Exhibit A STEP ONE: GENERAL COSTS (1) County Clerk’s office completes the Colorado Department of State reimbursement submission that calculates costs for the Sample Election. The Total Reimbursable Election Expenses equal $750,000. (2) Because the Election included State-certified ballot content, the statutory reimbursement from the state applies: • State Allocation (45% x $750,000) = $337,500 • County Clerk Allocation (5% x $750,000) = $37,500 • Local Portion (50% x $750,000) = $375,000 Page 17 of 21 (3) Four coordinating jurisdictions of different sizes are participating in this Sample Election. The active, registered voter and property owner counts for each and calculations of relative percentage of the total count for this Sample Election are as follows: COORDINATING JURISDICTION VOTER COUNT PROPERTY OWNERS TOTAL COUNT RELATIVE PERCENTAGE Civic School District 50,000 0 50,000 69.0% Clerktown 2,000 500 2,500 3.4% Ballot City 5,000 10 5,010 6.9% Voterville 15,000 0 15,000 20.7% TOTAL 72,510 100% (4) The Clerk calculates each jurisdiction’s share of the Local Portion of General Election Costs by multiplying their percentage against the total Local Portion amount of $375,000: COORDINATING JURISDICTION RELATIVE PERCENTAGE LOCAL PORTION TOTAL AMOUNT DUE Civic School District 69.0% $375,000 $258,750 Clerktown 3.4% $375,000 $12,750 Ballot City 6.9% $375,000 $25,875 Voterville 20.7% $375,000 $77,625 TOTAL 100% $375,000 STEP TWO: TABOR ELECTION COSTS Three of the four jurisdictions in the Sample Election had Ballot Issues with different numbers of pages of Ballot Issue Notice information submitted for publication. The County Clerk included required voting and registration information in the TABOR book under Applicable Law. Small and large jurisdiction categorization is applied according to the voter counts above together with the number of pages for each jurisdiction’s submission to calculate total TABOR Election Costs for each: COORDINATING JURISDICTION SIZE (PER PAGE COST) NUMBER OF PAGES TOTAL TABOR COST Civic School District Large Jurisdiction ($3,900) 3 pages $11,700 Clerktown Small Jurisdiction ($2,600) 6 pages $15,600 Ballot City Small Jurisdiction ($2,600) 3 pages $7,800 County Clerk Large Jurisdiction ($3,900) 6 pages $23,400 STEP THREE: TOTAL AMOUNT DUE The County invoices each coordinating jurisdiction by adding their portion of the General Election Costs to their allocation of TABOR Election Costs (if applicable). For the Sample Election the results are: Page 18 of 21 COORDINATING JURISDICTION GENERAL ELECTION COSTS TABOR ELECTION COSTS TOTAL AMOUNT DUE Civic School District $258,750 $11,700 $270,450 Clerktown $12,750 $15,600 $28,350 Ballot City $25,875 $7,800 $33,675 Voterville $77,625 $0 $77,625 TOTAL $375,000 35,100 $410,100 Page 19 of 21 EXHIBIT B PROCESS FOR PROPERTY OWNER LISTS If the Jurisdiction allows property owners to vote in candidate contests or ballot measures that are included in the Coordinated Election, the Jurisdiction must comply with the following provisions: A) Creation of Property Owner List 1. The Jurisdiction is responsible for requesting DEO voter lookup access from the Colorado Secretary of State. 2. The Jurisdiction is responsible for ordering a list of all property owners in the Jurisdiction from the Jefferson County Assessor’s office. 3. The Jurisdiction is responsible for comparing the list of property owners obtained with the state voter registration database using DEO lookup access to generate lists required for the County Clerk below. 4. The Jurisdiction is solely responsible for any other obligations arising under C.R.S § 1-5- 304 with respect to property owners list. B) Property Owner List(s) Provided to the County Clerk 1. No later than October 6, 2025, the Jurisdiction must certify to County Clerk a list of eligible electors who: a. Are registered to vote in the State of Colorado and whose voter records are active (not inactive, incomplete, or cancelled); b. Are or will be at least 18 years of age as of November 4, 2025; and c. Are not already registered to vote within the district boundaries of Entity. 2. The Jurisdiction must provide all property owner lists to the County Clerk in either a Microsoft Excel or CSV (Comma-separate values) file. Each row of the list shall address a single eligible property owner and contain the following separate fields for such owner: a. First Name; b. Middle Name; c. Last Name; d. Colorado Voter Registration ID; e. UOCAVA flag; f. UOCAVA Ballot Delivery Method; g. Mailing Address; h. Mailing City; i. Mailing State; j. Mailing Zip Code; and k. Country. 3. Between October 7 and October 27, 2025, provide to County Clerk the names of newly eligible electors, if any, who meet the same criteria (and in the same format) Page 20 of 21 EXHIBIT C SCHEDULE OF ELECTION-RELATED DATES AND DEADLINES* October, 2025 6 - Monday Before 12:00 p.m. the DEO will provide the county clerk with property owners list, if any exist. IGA 6 – 14 LAT will be held on a date between October 6 and October 14. Rule 11.3.2(a) * This Exhibit provides highlights of the most important dates and deadlines referenced in the IGA. Please refer to C.R.S. Title 1 for all election-related dates and timeframes. June, 2025 June Notice will be sent to all jurisdictions regarding participating in the November, Coordinated Election. Responses will be due no later than July 25th. July, 2025 25 - Friday If a political subdivision has taken formal action to participate in the Coordinated Election, it must notify the county clerk in writing. (100 days before the election) 1-7-116(5) 1-1-106(5) Last day for a local government who wants to conduct a ranked voting election in a Coordinated Election to give the county clerk notice. (No later than 100 days before election) Rule 26.2 1-1-106(5) August, 2025 26 - Tuesday Deadline for the county clerk and coordinating political subdivisions to sign intergovernmental agreements for the 2025 Coordinated Election. (No later than 70 days before the election) 1-7-116(2) September, 2025 2 - Tuesday First day that DEO may cancel election (Close of business on the 63rd day before the election) 1-5-208(1.5) 1-5-208(3) 5 - Friday Last day for the DEO from each political subdivision that intends to conduct an election to certify the ballot content. (No later than 60 days before the election) 1-5-203(3)(a) 19 - Friday Last day to file pro/con comments for TABOR Book with the DEO. (By noon the Friday before the 45th day before the election) 1-7-901(4) 22 - Monday Last day for the DEO to deliver TABOR Book ballot issue notices to the county clerk. (No later than 43 days before the election) 1-7-904 Page 21 of 21 10 - Friday First day mail ballots may be sent to voters, except for UOCAVA voters. (No sooner than 22 days before the Election) 1-7.5-107(3)(a) Ballot boxes open. 20 - Monday Before 12:00 p.m. DEO shall provide the county clerk with a property owner list that contains newly eligible electors, if any.. IGA 24 - Friday The election notice must be posted in the DEO office. (At least 10 days before the election and until 2 days after the election) 1-5-205(1.3) 1-1-106(5) 27 - October to 4 - November The minimum number of required voter service and polling centers must be open for the November 4th Coordinated Election. (Beginning at least 8 days before and on election day, except Sundays) 1-7.5-107 (4.5)(a)(III)(c) Rule 7.8.1(b) November, 2025 4 - Tuesday Coordinated Election (Polls open 7:00 am to 7:00 pm First Tuesday in November) Art. X, Sect. 20(3)(a) 1-1-104(6.5) 1-7-101 1-41-102(1) 14 - Friday First day that interested parties may request and file for a recount at their own expense. (No sooner than 10 days or later than 22 days after election.) 1-10.5-106(2) 17 - 25 RLA will be held on a date between November 17 – 25. Rule 25.2.3(a)(1) 19 - 26 Canvass will be held on a date between November 19 – 26. 1-10-102(1) 1-10-103 (1) 26 Wednesday Last day for interested parties to request and file a recount, at their own expense. (No sooner than 10 days or later than 22 days after election) 1-10.5-106(2) Last day for political subdivision that referred a ballot issue or question that failed to waive an automatic recount of that issue or question by giving written notice to clerk and recorder. (Within 23 days after election) 1-10.5-103 1-1-106(5) March/April 2026 SOS completes reimbursement process with the County. The County sends invoices to the Jurisdictions. ITEM NUMBER: 2 DATE: August 11, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 15-2025 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2025 REGULAR MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER TO ELIMINATE OFFICES OF ELECTED CITY CLERK AND ELECTED CITY TREASURER ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Chapter III of the City’s Charter establishes that there shall be an elected City Clerk (Sec. 3.7-3.8) and an elected City Treasurer (Sec. 3.9-3.10). Council is proposing a charter amendment to the Wheat Ridge electorate that eliminates the elected roles of Clerk and Treasurer at the November 4, 2025 municipal election. PRIOR ACTION: Clerk Steve Kirkpatrick was first elected on November 5, 2019, and reelected on November 7, 2023. This seat is currently vacant. Treasurer Chris Miller was first appointed on February 11, 2019, to fill outgoing Treasurer Jerry DiTullio’s vacancy, elected on November 5, 2019 and reelected on November 7, 2023. Treasurer Miller’s second term ends on November 2, 2027. Council discussed this issue at the May 5, 2025 Study Session and provided consensus to the City Attorney to return with proposed ballot language to eliminate both elected roles effective the term ending date of November 2, 2027 unless earlier vacancies occur. Council reviewed the proposed ballot language as contained in the attached ordinance at the July 21, 2025 study session and directed staff to return with the ordinance on first reading. FINANCIAL IMPACT: Elected officials receive compensation as Council prescribes by ordinance (Sec. 3.12). The current compensation for the Clerk and Treasurer is $29,000 for each position, per Council Action Form – Charter Amendment – Clerk and Treasurer August 11, 2025 Page 2 year, plus benefits. BACKGROUND: The duties of the City Clerk are described formally in Charter Sec. 3.8 and Code 2.22. The duties of the City Treasurer are described formally in Charter Sec. 3.10 and Code 2.23. Council provided consensus to proceed to first reading with ballot language that eliminates both elected positions effective the term ending date of November 2, 2027, or when an earlier vacancy occurs. Should the Wheat Ridge electorate approve the question as drafted, the City Clerk position will remain vacant, and duties will continue to be covered by staff. Treasurer Chris Miller will continue to serve the remainder of his term which ends on November 2, 2027. Should Treasurer Miller’s seat become vacant, the role will not be filled. RECOMMENDED MOTION: “I move to approve Council Bill 15-2025, an ordinance submitting a ballot question to the voters of the City at the November 4, 2025, regular municipal election, to amend the Wheat Ridge Home Rule Charter to eliminate offices of elected City Clerk and City Treasurer, Or, “I move to postpone indefinitely Council Bill 15-2025, an ordinance submitting a ballot question to the voters of the City at the November 4, 2025, regular municipal election, to amend the Wheat Ridge Home Rule Charter to eliminate offices of the elected City Clerk and City Treasurer for the following reason(s).” REPORT PREPARED/REVIEWED BY: Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No: 15-2025 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 15 Ordinance No. 1828 Series 2025 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 4, 2025 REGULAR MUNICIPAL ELECTION, TO AMEND THE WHEAT RIDGE HOME RULE CHARTER TO ELIMINATE OFFICES OF ELECTED CITY CLERK AND CITY TREASURER WHEREAS, pursuant to Charter Section 16.8 and C.R.S. 31-2-210, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions amending the City’s Home Rule Charter to the electorate; and WHEREAS, the Council wishes to refer a ballot question amending the Charter to eliminate the offices of elected City Clerk and City Treasurer; and WHEREAS, the Council wishes to set a ballot title for the same. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot question referred and ballot title set. The following ballot question is hereby referred to the electorate of the City at the November 4, 2025 municipal election: Ballot Question and Title: SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE COLORADO BE AMENDED TO ELIMINATE THE ELECTED POSITIONS OF CITY CLERK AND CITY TREASURER, EFFECTIVE UPON A VACANCY OCCURRING IN SAID OFFICES OR NOVEMBER 2, 2027, WHICHEVER FIRST OCCURS, AND TO MAKE NECESSARY CONFORMING CHANGES WITHIN THE CHARTER? Yes: _________ No: __________ Full Text of proposed Charter Amendment: • Amend section 3.7 (Election of city clerk) to add a new subsection (b) to read: ATTACHMENT 1 “(b) THIS SECTION 3.7 IS REPEALED UPON A VACANCY OCCURRING IN THE OFFICE OF CITY CLERK OR NOVEMBER 2, 2027, WHICHEVER FIRST OCCURS.” • Amend section 3.9 (Election of treasurer) to add a new subsection (b) to read: “(b) THIS SECTION 3.9 IS REPEALED UPON A VACANCY OCCURRING IN THE OFFICE OF CITY TREASURER OR NOVEMBER 2, 2027, WHICHEVER FIRST OCCURS.” • Delete subsection 3.11(c) of the Charter (vacancies in offices of elected City Clerk and elected City Treasurer) in its entirety: (c) If a vacancy occurs in the office of the city clerk or city treasurer, no special election shall be called but such vacancy shall be filled by appointment by the council for the remainder of the term. Section 2. Safety Clause. The Council 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 objective sought to be attained. Section 3. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading and signature by the Mayor as permitted by Section 5.11 of the Charter. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 11th day of August 2025, ordered published 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 25, 2025, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this _____ day of ______ 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: August 12, 2025 Second Publication: August 26, 2025 Effective Date: August 25, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NUMBER: 3 DATE: August 11, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 16-2025 TITLE: AN ORDINANCE APPROVING THE SALE OF CITY-OWNED REAL PROPERTY AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE SAME ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City has the opportunity to sell a property known as Town Center Park located at 4084 Wadsworth Boulevard. Town Center Park, a 0.7-acre parcel purchased in 1982, was closed in 2020 due to safety concerns when it became a magnet for unwelcome behavior and was no longer serving as its intended use as a gathering space for the shopping center. The sale of this parcel, combined with another 0.5-acre site acquired as part of the Wadsworth Improvement Project, has long been the City’s intention once the Wadsworth construction was nearing completion. Section 16.5 of the City Charter states that “Unanimous approval of the entire council, by ordinance, shall be necessary for sale or disposition of designated park land.” PRIOR ACTION: City Council directed staff to draft an ordinance to approve the sale of this parcel at the July 21, 2025, study session. FINANCIAL IMPACT: The 0.7-acre Town Center Park property was purchased with the City’s attributable share of Jefferson County Open Space funds for $160,000 in 1982. Jefferson County no longer has a financial interest in the property due to the removal of the open space reverter in 2024. A 2023 appraisal of the two parcels valued the sites at $1.25 million for the combined 52,625 square feet parcels. As a standalone parcel, the appraiser attributed a value of $410,000 for the park site. Proceeds from the sale of Town Center Park will be Council Action Form – Town Center Park Sale August 11, 2025 Page 2 reinvested into the City’s parks program. BACKGROUND: Town Center Park was purchased with the assistance of Jefferson County in 1982. The site contained seating, shade trees and a fountain with the intention of creating a peaceful setting within the shopping center located between 44th and 38th Avenues. Jefferson County placed a reverter on the site to ensure it would remain as parkland in perpetuity. Recognizing that Town Center Park was no longer functioning as its intended use, Jefferson County released the reverter in 2024, paving the way for the City to dispose of the property. The reverter was relocated to The Green at 38th. Town Center Park closed to the public in 2020 during the COVID-19 pandemic. The site had become a magnet for unwanted behavior including drug use, defecation and vandalism. The site has been fenced off for the past five years, throughout the Improve Wadsworth Project. The transformation of the Wadsworth corridor presents an excellent opportunity to sell Town Center Park and encourage commercial redevelopment of the site into a sales tax generator for the City. The City has retained Pinnacle Real Estate Advisors to market the site and assist with the sale. In the first three weeks of promotion, the site has garnered interest from a variety of users. Staff’s recommendation is to be patient and evaluate proposals to ensure that the intended purpose is a use that contributes to the economic development of the corridor. The site is zoned Mixed Use – Commercial (MU-C). A buyer will likely need to consolidate plats and complete a site plan for redevelopment, both of which are administrative reviews in the MU-C zone district. As Town Center Park is considered parkland, a unanimous vote of Council is required. RECOMMENDED MOTION: “I move to approve Council Bill 16-2025, an ordinance approving the sale of city-owned real property and authorizing execution of an agreement for the same, order it published, public hearing set for Monday August 25, 2025, at 6:30 p.m., as a virtual meeting and in City Council Chambers, 7500 West 29th Avenue, and that it takes effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill 16-2025, an ordinance approving the sale of city-owned real property and authorizing execution of an agreement for the same for the following reason(s).” REPORT PREPARED/REVIEWED BY: Allison Scheck, Deputy City Manager Council Action Form – Model Traffic Code January 13, 2024 Page 3 Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 16-2025 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 16 Ordinance No. 1829 Series 2025 TITLE: AN ORDINANCE APPROVING THE SALE OF CITY-OWNED REAL PROPERTY AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE SAME WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property located at 4084 Wadsworth Boulevard (the “Property”); and WHEREAS, pursuant to Home Rule Charter Section 16.5, the unanimous approval by the entire City Council, by ordinance, is necessary to sell or dispose of real property designated as park land; and WHEREAS, the Property was originally acquired and used as Town Center Park, and continues to be so designated by the City; and WHEREAS, the City Council finds and determines that sale of the Property is in the interest of the City; and WHEREAS, the City Council therefore desires to approve the sale of the Property and to approve the execution of a purchase and sale agreement in connection therewith. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sale of Property approved. Pursuant to Charter Section 16.5, the City Council hereby approves the sale of the Property more particularly described on Exhibit 1, attached hereto and incorporated herein by this reference. Section 2. Agreement approved. In connection with the sale of real property approved by Section 1 above, the City Council hereby authorizes and directs the Mayor, City Clerk, and City Manager to execute a purchase and sale agreement and all associated documents necessary to complete the sale, in form approved by the City Attorney. Section 3. 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. ATTACHMENT 1 Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 11th day of August, 2025, ordered published by title in the newspaper 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 25, 2025, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 25th day of August 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: August 12, 2025 Second Publication: August 26, 2025 Effective Date: September 10, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT 1 Legal Description of City-Owned Property Jefferson County Assessor Parcel No. 39-234-04-005 ITEM NUMBER: 4 DATE: August 11, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 17-2025 TITLE: AN ORDINANCE APPROVING THE SALE OF CITY-OWNED REAL PROPERTY AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE SAME ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City has the opportunity to sell property acquired through the Improve Wadsworth Project known as the former Raliberto’s site. This commercial property, located at 4084 Wadsworth Boulevard, is approximately 0.5 acres. It was purchased by the City in order to facilitate the widening of Wadsworth Boulevard. The sale of this parcel, combined with another 0.7-acre former parkland site, has long been the City’s intention once the Wadsworth construction was nearing completion. Section 16.5 of the City Charter states that “The City shall not sell or dispose of municipally owned buildings or real property for a public purpose, without first obtaining the approval, by ordinance, of three-fourths of the entire council.” PRIOR ACTION: City Council directed staff to draft an ordinance to approve the sale of this parcel at the July 21, 2025, study session. FINANCIAL IMPACT: The City acquired the subject parcel for $830,000 plus additional relocation compensation and closing costs on September 30, 2020. The acquisition was funded by a combination of Improve Wadsworth Project grant funds and 2E Bond funds. An appraisal of the two parcels in February 2023 valued the combined sites at $1.25 million. Proceeds from the sale of this commercial property will be reinvested into the City’s Capital Improvement Program. Council Action Form – 4084 Property Sale August 11, 2025 Page 2 BACKGROUND: Council approved the acquisition of 4084 Wadsworth Boulevard on July 13, 2020, so that public improvements to Wadsworth Boulevard could be completed. The former Raliberto’s restaurant was demolished in 2022 as part of the Improve Wadsworth Project. Today, Raliberto’s is located at 4020 Wadsworth Boulevard in a building formerly occupied by Good Times. The transformation of the Wadsworth corridor presents an excellent opportunity to sell 4084 Wadsworth Boulevard combined with the former Town Center Park and encourage commercial redevelopment of the site into a sales tax generator for the City. The City has retained Pinnacle Real Estate Advisors to market the site and assist with the sale. In the first three weeks of promotion, the site has garnered interest from a variety of users. Staff’s recommendation is to be patient and evaluate proposals to ensure that the intended purpose is a use that contributes to the economic development of the corridor. The site is zoned Mixed Use – Commercial (MU-C). A buyer will likely need to consolidate plats and complete a site plan for redevelopment, both of which are administrative reviews in the MU-C zone district. Three fourths of City Council must consent to the sale of property. RECOMMENDED MOTION: “I move to approve Council Bill 17-2025, an ordinance approving the sale of city-owned real property and authorizing execution of an agreement for the same, order it published, public hearing set for Monday August 25, 2025, at 6:30 p.m., as a virtual meeting and in City Council Chambers, 7500 West 29th Avenue, and that it takes effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter.” Or, “I move to postpone indefinitely Council Bill 17-2025, an ordinance approving the sale of city-owned real property and authorizing execution of an agreement for the same, for the following reason(s).” REPORT PREPARED/REVIEWED BY: Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 17-2025 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 17 Ordinance No. 1830 Series 2025 TITLE: AN ORDINANCE APPROVING THE SALE OF CITY-OWNED REAL PROPERTY AND AUTHORIZING EXECUTION OF AN AGREEMENT FOR THE SAME WHEREAS, the City of Wheat Ridge, Colorado (“City”) owns certain real property located at 4084 Wadsworth Boulevard (the “Property”); and WHEREAS, pursuant to Wheat Ridge City Charter Section 16.5, the approval by three-quarters of the entire City Council, by ordinance, is necessary to sell or dispose of real property not designated as park land; and WHEREAS, the Property is not designated park land, and instead is simply excess City-owned property; and WHEREAS, the City Council finds and determines that sale of the Property is in the interest of the City; and WHEREAS, the City Council therefore desires to approve the sale of the Property and to approve the execution of a purchase and sale agreement in connection therewith. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sale of Property approved. Pursuant to Charter Section 16.5, the City Council hereby approves the sale of the Property more particularly described on Exhibit 1, attached hereto and incorporated herein by this reference. Section 2. Agreement approved. In connection with the sale of real property approved by Section 1 above, the City Council hereby authorizes and directs the Mayor, City Clerk, and City Manager to execute a purchase and sale agreement and all associated documents necessary to complete the sale, in form approved by the City Attorney. Section 3. 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. ATTACHMENT 1 Section 4. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this 11th day of August, 2025, ordered published by title in the newspaper 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 25, 2025, at 6:30 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this 25th day of August 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: August 12, 2025 Second Publication: August 26, 2025 Effective Date: September 10, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us EXHIBIT 1 Legal Description of City-Owned Property Jefferson County Assessor Parcel No. 39-234-00-107