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HomeMy WebLinkAbout08-25-2025 City Council Meeting Agenda PacketAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, August 25, 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 25, 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 25, 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, August 11, 2025 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – National Suicide Prevention Month 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. 39-2025 – a resolution of support for an application to the Jefferson County Open Space Trails Partnership program b. Resolution No. 40-2025 – a resolution giving notice of and calling for an election on a proposed amendment to the Home Rule Charter, to be held at the Regular Municipal Election on November 4, 2025 c. Resolution No. 41-2025 – a resolution approving a Loan Agreement with Renewal Wheat Ridge in the amount of $1,200,000 for acquisition of property at 4593 Parfet Street for expansion and consolidation of the Public Works and Parks Operations Facilities d. A motion authorizing payment to American West Construction, LLC in the total amount of $332,855 for the 39th Avenue and Hoyt Court emergency stormwater line repair PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. 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 3. Council Bill No. 15-2024 – 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 4. Council Bill No. 16-2025 – an ordinance approving the sale of City-Owned Real Property and authorizing execution of an agreement for the same 5. Council Bill No. 17-2025 – an ordinance approving the sale of City-Owned Real Property and authorizing execution of an agreement for the same ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS, AND MOTIONS 6. A motion to accept the 2024 Financial Statements from Haynie and Co 7. A motion awarding the Youngfield Public Art contract to Pangburn, Williams, and Davis in the amount of $240,000 for their mural proposal entitled “Wild Beauty” 8. Resolution No. 42-2025 – 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 $1,256,679 for the purpose of issuing a contract for construction of the 32nd Avenue Bike Lanes project to KECI Civil Inc. CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  August 11, 2025 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, Janeece Hoppe, Rachel Hultin, 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, Interim Director of Public Works Kent Kisselman, and Sr. Deputy City Clerk Margy Greer 4. 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 Council Member Dozeman corrected the July 21, 2025, Notes, stating that Council Member Hoppe and she were both present at the meeting. The Notes and Minutes were then approved as amended. 5. Approval of Agenda Without objection or correction, the agenda stood as presented. 6. Proclamations and Ceremonies Oath of Office – Sr. Deputy City Clerk administered the Oath of Office to the new Deputy City Clerk Onorina Maloney. 7. Public’s Right to Speak Wheat Ridge Speaks Lauren Ciparro - 8510 W 44th Ave Wheat Ridge, 80033 There was big beautiful plum tree that had marvelous fruit that fed any that walked by. Located on the south side of 44th in between Everett and Dover near Anderson park that you had annihilated. Cut down to the stump. You not only killed an important part of our city, you also stole a resource that many used for food. Why? Because it’s free to the public? Because you couldn’t control it? I thought Wheatridge was for farmers? I have investigated and there is absolutely no reason for it to have been cut all the way down. It could have been trimmed to accommodate the power lines or maybe YOU could have accommodated the power lines around the tree. This in itself is proof the our government wants the people to suffer and not be able to provide with FREE available resources. Cutting down that tree cut a piece of my heart and I am so lucky to have prepared by saving seeds from this tree knowing how our government works and that this was coming. I WILL BE REPLANTING. That tree gave more to this community than you people ever will. I also have pictures of other trees that are not fruit bearing that clearly are in need of trimming that are taking over power lines not even 100 feet away in 3 different locations. Strangely enough NONE of these trees have received the abuse that you inflicted on the plum tree. They aren’t trimmed, cut or maintained in ANY shape or form yet you prioritized cutting down the PLUM TREE. I am disappointed as you have failed the community of Wheatridge and that doesn’t even to begin to cover what you have just robbed from the animals and wildlife that survived off the plums. You should be ashamed. DO BETTER. CONSENT AGENDA Council Member Snell read the Consent Agenda, which consisted of Items 8 and 9, as well as the Issue Statements into the Record. 8. 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 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. 9. 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 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. Council Member Snell made a motion to approve 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 None ORDINANCES ON FIRST READING 10. 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 Mayor Pro Tem Stites read the Title of the Council Bill and the Issue Statement into the Record. 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. Mayor Pro Tem Stites made a motion 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. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried. 11. Council Bill No. 16-2025 – an ordinance approving the sale of city-owned real property and authorizing execution of an agreement for the same Council member Ohm read the Title of the Council Bill and the Issue Statement into the Record. 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. Council Member Ohm made a motion 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. It was seconded by Council Member Dozeman. Vote: 8 Ayes. 0 Nays. The motion carried. 12. Council Bill No. 17-2025 – an ordinance approving the sale of city-owned real property and authorizing execution of an agreement for the same Council Member Hultin read the Title of the Council Bill and the Issue Statement into the Record. 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. Council Member Hultin made a motion 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. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS None. 13. City Manager’s Matters City Manager Patrick Goff reported the Wheat Ridge PD was successfully reaccredited by The Commission on Accreditation for Law Enforcement Agencies. He reported it was a rigorous process that required the department to demonstrate continued compliance with hundreds of standards that provide best practices related to life, health and safety procedures for the agency. He congratulated the Police Department on their accomplishment. 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. Executive Session Mayor Pro Tem Stites made a motion to go into an Executive Session per Charter 5.7(b)(1) and CRS 24-6-402(4)(b) and (e) for the purpose of receiving advice and instructing negotiators in connection with potential mitigation: Concrete Works Colorado contract claim. It was seconded by Council Member Hoppe. Vote : 8 Ayes. 0 Nays. The motion carried. City Council went into an Executive Session at 7:06 p.m. 17. Adjournment Mayor Starker adjourned the meeting upon conclusion of the Executive Session at 8:25 p.m. ___________________________________ Korey Stites, Mayor Pro Tem ___________________________________ Margy Greer, Sr. Deputy City Clerk PROCLAMATION NATIONAL SUICIDE PREVENTION MONTH SEPTEMBER 2025 WHEREAS, National Suicide Prevention Month, in conjunction with National Suicide Prevention Week, is an annual month-long campaign in the United States to inform and engage health professionals and the general public about suicide prevention and warning signs of suicide; and WHEREAS, by drawing attention to the problem of suicide in the United States, the campaign also strives to reduce the stigma surrounding the topic, as well as encourage the pursuit of mental health assistance and support people who have attempted suicide; and WHEREAS, as part of the campaign, health organizations are encouraged to conduct depression screenings, including self-administrated and online tests, and refer interested individuals to a national suicide and crisis line – Call or text 988 or chat at 988lifeline.org; and WHEREAS, since 1975, National Suicide Prevention Week awareness events are held throughout the week corresponding to World Suicide Prevention Day, which is recognized annually on the 10th of September; and WHEREAS, the City of Wheat Ridge provided funding to Jefferson Center to re-certify their Suicide Prevention Coordinator to be a QPR (Question, Persuade, Refer) Instructor to help save lives by teaching practical steps that anyone can take when they are concerned about someone who may be in crisis. NOW THEREFORE BE IT RESOLVED that I Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council do hereby proclaim that September be declared, SUICIDE PREVENTION MONTH and the week of September 7-13, 2025, be declared SUICIDE PREVENTION WEEK in the City of Wheat Ridge, Colorado IN WITNESS WHEREOF, on this 25th day of August 2025. Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor ITEM NUMBER: 1a DATE: August 25, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 39-2025 TITLE: A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Jefferson County Open Space (JCOS) Trails Partnership Program allows communities within the County to apply for funding in the amount of up to 50% of the cost of projects related to regional trails. A City Council Resolution of Support is required as part of the application. Staff would like to apply for this funding to support mill and overlay work at the parking lots within Anderson and Prospect Parks in 2026, which both serve as trailheads for the Clear Creek Trail. PRIOR ACTION: There has been no prior action taken by Council on this issue. FINANCIAL IMPACT: The estimated total cost for this project is $720,398 in 2026. If Council passes this Resolution and the grant application is awarded funding, approximately $360,199 in funding could be reimbursed by JCOS. The City would need to budget the full cost of $720,398 in 2026 and would be reimbursed after the project. BACKGROUND: Since JCOS began the Trails Partnership Program in 2020, the Parks and Recreation department has applied for at least one project per year and has been successful in all of those funding applications. Mill and overlay work at these two trailheads, essentially replacing the asphalt and parking amenities, is a high-priority trail-related project for 2026. Council Action Form – JCOS Trails Partnership Program Application August 25, 2025 Page 2 RECOMMENDATIONS: Staff recommends passing this Resolution to make a Jefferson County Open Space funding request eligible for County consideration. An alternative is to decide to delay this project beyond 2026. RECOMMENDED MOTION: “I move to approve Resolution 39-2025, a Resolution of Support for an Application to the Jefferson County Open Space Trails Partnership program.” Or, “I move to postpone indefinitely Resolution 39-2025, a Resolution of Support for an Application to the Jefferson County Open Space Trails Partnership Program for the following reason(s).” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 39-2025 2. Jefferson County Open Space Trails Partnership Program Flyer ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39 SERIES OF 2025 TITLE: A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE TRAILS PARTNERSHIP PROGRAM WHEREAS, the City of Wheat Ridge, Colorado (the “City”) is interested in maintaining and improving Clear Creek Trail access, safety, connectivity, and the user experience; and WHEREAS, the trailhead parking lots at both Anderson and Prospect Parks are in need of mill and overlay work; and WHEREAS, the Jefferson County Open Space Trails Partnership Program exists as a potential funding and partner resource for trail-related projects and the City desires to submit an application to this program to request funds to complete the mill and overlay work at both trailheads; and WHEREAS, City Council supports a funding application to the Jefferson County Open Space Trails Partnership Program to request 50% funding of this project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Mayor or the City Manager of the City or any other member of the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution. Section 2. Nothing contained in this Resolution, or the Assignment shall constitute a debt, indebtedness, or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 3. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of ATTACHMENT 1 any such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. Section 4. This Resolution shall be in full force and effect upon its passage and approval. DONE AND RESOLVED this 25th day of August 2025 [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk APPLICATION PROCESS - Serves immediate neighborhood or community - New trail within a neighborhood park - Trail connection from a school to a local park Local Project Examples - Serves multiple jurisdictions - Trail connects to regional trail - Regional Project Examples 1.Contact JCOS 2.Submit Application 3.Application Review Discuss eligibility with Trails & Access Program Manager and determine if project is local or regional. Using the form on the website, submit project scope, location and maps, budget, maintenance plan, resolution from governing board, natural resources impact, and a description of how the project achieves the goals of Space Advisory Committee reviews and recommends proposals. The Board of County Commissioners gives final approval. Award letter with JCOS funding amount, JCOS Fund Recognition Guide, and a project completion deadline within two years of award date. Applicants will be notified if their project is not selected. July 1, 2025 - Applications available September 1, 2025 - Applications due January 2026 - Notice of award 25% 50% ELIGIBILITY 50% of regional trail projects. All partners that manage public land and/ eligible to apply. Eligible projects include trail construction, trail maintenance, trailhead amenities (benches, kiosks, and restrooms), and Greenway enhancements (stream restoration, tree planting, etc.). Project must trails or greenspaces. up to up to JEFFCO OPEN SPACE TRAILS PARTNERSHIP PROGRAM 2026 JCOS Funding JCOS Funding be included in an approved plan, identified in the Jeco Trails Plan, or improve safety, equitable access, and connectivity of Jeerson County Jeerson County Open Space (JCOS) will fund up to 25% of local or up to or provide public park and recreation services in Jeerson County are Emily Guin Trails & Access Program Manager egun@jeco.us 303.271.5946 Rachel Brenna Strategy & Planning Director rbrenna@jeco.us 303.271.5991ATTACHMENT 2 ITEM NUMBER: 1b DATE: August 25, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 40-2025 TITLE: A RESOLUTION GIVING NOTICE OF AND CALLING FOR AN ELECTION ON A PROPOSED AMENDMENT TO THE HOME RULE CHARTER, TO BE HELD AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 4, 2025 ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City Charter calls for a municipal election in every odd year to coincide with the elected terms for the Offices of the Mayor, Clerk, Treasurer and Council. City Council will refer one ballot question to the electorate of the City of Wheat Ridge for the November 4, 2025, Regular Municipal Election. Therefore, per Section 16.8 of the City Charter, the City of Wheat Ridge is required to formally call a Regular Municipal Election for this date. PRIOR ACTION: None FINANCIAL IMPACT: The City has resolved to conduct this election as a coordinated election with Jefferson County. In the IGA with the Jefferson County Clerk & Recorder, the City will agree to pay the relative additional costs determined and billed by the County to conduct the coordinated election for the City of Wheat Ridge. BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law. RECOMMENDATIONS: Staff recommends approval of the resolution ensuring the City of Wheat Ridge’s ability Council Action Form – Giving Notice and Calling for an Election August 25, 2025 Page 2 to coordinate ballot issues that City Council chooses to refer at the November Regular Municipal Election. RECOMMENDED MOTION: “I move to approve Resolution 40-2025, a resolution giving notice of and calling for an election on a proposed amendment to the Home Rule Charter, to be held at the Regular Municipal Election on November 4, 2025.” Or, “I move to postpone indefinitely Resolution 40-2025, a resolution giving notice of and calling for an election on a proposed amendment to the Home Rule Charter, to be held at the Regular Municipal Election on November 4, 2025, for the following reason(s).” REPORT PREPARED/REVIEWED BY: Rhiannon Curry, Executive Assistant Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 40-2025 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 40 SERIES OF 2025 TITLE: A RESOLUTION GIVING NOTICE OF AND CALLING FOR AN ELECTION ON A PROPOSED AMENDMENT TO THE HOME RULE CHARTER, TO BE HELD AT THE REGULAR MUNICIPAL ELECTION ON NOVEMBER 4, 2025 WHEREAS, the City Council has adopted an ordinance proposing an amendment to the Home Rule Charter; and WHEREAS, Section 16.8 of the City Charter provides that when there are proposed changes to the City Charter, the Council must publish notice of and call an election thereon; and WHEREAS, the City Council desires to give notice of and call for election on said proposed amendment as a part of the Regular Municipal Election on November 4, 2025. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Election Called Pursuant to the Wheat Ridge City Charter Sections 2.2 and 16.8, the City hereby gives notice of and calls the Regular Municipal Election to be held November 4, 2025, for the purpose of referring the Ballot Question set forth in Section 2 to the voters of the City in the manner set forth below: Section 2. Ballot Question Referred to Voters The following ballot question is hereby referred to the registered electors of the City: Ballot Question 1. 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: “(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. Effective date; publication. This Resolution shall be effective upon passage. The City Council hereby orders this Resolution published pursuant to City Charter Section 16.8. DONE AND RESOLVED this 25th day of August 2025. [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk ITEM NUMBER: 1c DATE: August 25, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 41-2025 TITLE: A RESOLUTION APPROVING A LOAN AGREEMENT WITH RENEWAL WHEAT RIDGE IN THE AMOUNT OF $1,200,000 FOR ACQUISITION OF PROPERTY AT 4593 PARFET STREET FOR EXPANSION AND CONSOLIDATION OF THE PUBLIC WORKS AND PARKS OPERATIONS FACILITIES ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: A recommendation from the Facilities Master Plan (FMP) is to co-locate and expand the Public Works and Parks Operations Facilities at one site. The recommended direction is to acquire a parcel adjacent to the existing Public Works Operations Facility to make this expansion possible. The City was contacted by the owner of the property at 4593 Parfet Street to determine if the City would be interested in purchasing the property. City Council entered into a contract to purchase this property for $1,100,000 on July 28, 2025. Renewal Wheat Ridge has approved a loan in the amount of $1,200,000 to assist the City in purchasing this property including appropriate due diligence and closing costs. PRIOR ACTION: • City Council approved a contract with Stantec Architecture, Inc. on June 13, 2022 for the development of a FMP • Recommendations from the FMP were presented to City Council at the February 5, 2024 study session where consensus was reached to move forward with next steps • City Council approved a contract with Anderson Hallas Architects on September 23, 2024 to conduct a City Facility Feasibility and Planning Study • City Council provided consensus at the June 16, 2025 study session to proceed to contract for the purchase of a parcel of property for this purpose • City Council approved a contact to purchase property located at 4593 Parfet Street Council Action Form – Loan Agreement with Renewal Wheat Ridge August 25, 2025 Page 2 FINANCIAL IMPACT: The purchase price for this parcel is $1.1 million plus other costs related to closing. Renewal Wheat Ridge has agreed to loan the City $1.2 million for this purchase. Five annual payments of $240,000 to Renewal Wheat Ridge from the City General Fund budget will commence on December 31, 2027. BACKGROUND: Early in analysis of existing conditions and assessments, it was determined that priority should be given to the Public Works and Parks departments as their facilities had been neglected over the years. Both departments need a significant increase in interior and exterior space, which cannot be accommodated at their respective shop locations. The Wheat Ridge Parks department maintains 21 city parks occupying more than 170 acres, seven miles of trails, 300 acres of open space, urban forestry, community gardens, and nature programs. There are 27 full-time employees assigned to the Parks division and approximately 10 seasonal employees. The Park Shop area is comprised of one primary office building measuring 2,623 square feet and several storage buildings located immediately west of the Anderson Building and Pool at Anderson Park. These buildings are the oldest, non-historic, properties owned by the City. The Public Works Department has several buildings on one campus totaling approximately 39,187 square feet. The Department is responsible for maintaining and improving the City’s infrastructure, which includes 133 miles of streets and 36 miles of storm sewers; managing and maintaining the City’s fleet vehicles and equipment; and administering and monitoring all construction activities within the street’s rights of way. There are approximately 34 full-time employees assigned to the Public Works Department. A building condition assessment was performed on the main building, a secondary building, and a small shed in between the two buildings, all single-story buildings. The existing mechanical, electrical and plumbing systems and equipment were also observed for compliance with current applicable codes and current safety requirements. Any system or equipment not properly meeting such codes or safety standards are subsequently recommended for remediation. Estimated costs to address concerns in all assessed buildings would be a total of $14M. A building condition assessment was conducted by the Abo Group as part of the FMP. The assessments considered building systems (mechanical and electrical), architectural and site conditions and code compliance. Both the Park Shops and the Public Works Shops received a rating of “Poor”. Council Action Form – Loan Agreement with Renewal Wheat Ridge August 25, 2025 Page 3 The FMP recommended direction proposes co-locating the Public Works department and existing Parks Shop functions at one site. A Site Criteria Matrix tool was developed and used to determine optimal locations for the Public Works and Parks Shop space for meeting their ten-year space needs. The recommended direction would acquire a parcel adjacent to the existing shop space. The existing Public Works buildings on-site would remain functional but would need some extensive renovation, based on facility assessments. RECOMMENDATIONS: Staff recommends approval of the Loan Agreement with Renewal Wheat Ridge. RECOMMENDED MOTION: “I move to approve Resolution 41-2025, a resolution approving a Loan Agreement with Renewal Wheat Ridge in the amount of $1,200,000 for acquisition of property at 4593 Parfet Street for expansion and consolidation of the Public Works and Parks Operations Facilities.” Or, “I move to postpone indefinitely Resolution 41-2025, a resolution approving a Loan Agreement with Renewal Wheat Ridge in the amount of $1,200,000 for acquisition of property at 4593 Parfet Street for expansion and consolidation of the Public Works and Parks Operations Facilities for the following reason(s).” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 41-2025 2. Exhibit A - Loan Agreement 3. Renewal Wheat Ridge Resolution CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 SERIES OF 2025 TITLE: A RESOLUTION APPROVING A LOAN AGREEMENT WITH RENEWAL WHEAT RIDGE IN THE AMOUNT OF $1,200,000 FOR ACQUISITION OF PROPERTY AT 4593 PARFET STREET FOR EXPANSION AND CONSOLIDATION OF THE PUBLIC WORKS AND PARKS OPERATIONS FACILITIES WHEREAS, a recommendation from the Facilities Master Plan is to co-locate and expand the Public Works and Parks Operations Facilities at one site; and WHEREAS, the recommended direction is to acquire a parcel adjacent to the existing Public Works Operations Facility to make the expansion possible; and WHEREAS, City Council entered into a contract to purchase property for $1,100,000 located at 4593 Parfet Street; and WHEREAS, Renewal Wheat Ridge has approved a loan in the amount of $1,200,000 to assist the City in purchasing this property including appropriate due diligence and closing costs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. A Loan Agreement with Renewal Wheat Ridge, attached hereto as Exhibit A, is approved. ATTACHMENT 1 DONE AND RESOLVED this 25th day of August 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor Loan Agreement A.Parties. The parties to this Loan Agreement ("Agreement") are the City of WheatRidge, a home rule municipal corporation ("Borrower" or "City") and the Wheat Ridge Urban Renewal Authority, doing business as Renewal Wheat Ridge, a body corporate and politic of the State of Colorado ("Lender" or "WR URA"), and together, the "parties." B.Purpose. 1.The City as Borrower is responsible for maintenance of City infrastructure, which includes maintenance of City infrastructure within the City's designatedurban renewal plan areas. The City desires to acquire certain property located at4593 Parfet Street, Wheat Ridge, Colorado 80033 (the "Property") to expand theCity's existing Public Works City Shop (the "Expanded Public Works Facility"), which serves the City as a whole and includes the City's urban renewal areas. 2.WRURA as Lender is responsible for blight remediation and the prevention ofblight and slum conditions, including revitalizing urban areas designatedthroughout the community by creating successful, high-quality projects thatinclude public infrastructure to enhance the quality of life for the citizens ofWheat Ridge. Lender is an independent body, corporate and politic under theState of Colorado law and governed by a board appointed by the Mayor of Wheat Ridge, subject to the consent of the City Council. 3.To allow the City to accomplish the acquisition of the Property to create theExpanded Public Works Facility, the Lender agrees to loan Borrower the totalamount of One Million Two Hundred Thousand Dollars ($1,200,000.00), as setforth in detail below. C.WRURA 's obligations. Lender agrees that, subject to Borrower's agreement to andcompliance with the terms of this Agreement, Lender will loan the amount of One MillionTwo Hundred Thousand Dollars ($1,200,000.00) to Borrower to acquire the Property, subject to the terms and conditions herein. 1.Upon final execution and delivery of this Agreement by both parties, WR URAshall deliver funds in the amount of One Million Two Hundred ThousandDollars ($1,200,000.00), ("Loan") by closing date of purchase. 2.WRURA's willingness and agreement to provide the Loan is expresslypredicated and conditioned upon the requirement of Borrower to acquire theProperty and assemble the Property to create the Expanded Public WorksFacility. WRURA's obligations described herein shall at all times beconditioned upon the Borrower using the funds solely for the aforementioned purpose. If at any time the Loan is not required to acquire the Property,Borrower shall notify WRURA in writing within five (5) business days ofdetermining the Loan is not required. This Agreement may thereafter be terminated by WR URA, and Borrower shall repay the Loan to WR URA within five (5) business days of the termination date. ATTACHMENT 2 3.WRURA represents that it has funds available for the Loan, and finds and determines that the Expanded Public Works Facility benefits the urban renewalareas within the City, and assists in the remediation of blight, and prevents thespread of blight within the meaning of the Colorado Urban Renewal Law. The sources of the Loan are as follows: $700,000 from the WRURA General Fund; $500,000 from the Kipling Ridge Urban Renewal Area. D.Borrower' Obligations. In consideration of WR URA providing the Loan for the purposesdescribed herein, Borrower agrees to the following terms and conditions, and shall perform,or have performed certain actions as may be necessary under this Agreement. 1.Borrower understands and agrees that the funds described herein are a loan,payback of which is expressly subject to annual appropriation, and is not a grant.Borrower understands and agrees that the Loan is intended to be repaid in full as provided herein. The principal of the Loan shall be One Million Two HundredThousand Dollars ($1,200,000.00). The Loan shall be interest free. 2.The term of the Loan shall be five (5) years. Annual payments of principal in the amount of Two Hundred Fifty Thousand ($250,000.00) shall be made to WR URA,for the benefit of Lender. Borrower will make five equal payments until the Loanis paid in full as follows: December 31, 2027 -$240,000 December 31, 2028 -$240,000 December 31, 2029 -$240,000 December 31, 2030 -$240,000 December 31, 2031 -$240,000 The parties understand and agree that the term of the Loan shall commence on August 5, 2025 and continue through and including December 31, 2031. 3.Borrower may, in its sole and exclusive discretion, utilize any source of funds available to it to repay the Loan. 4.The parties may extend the term of the Loan on an annual basis for up to fouradditional one year terms, (hereafter, each being an "Extended Term"). AnyExtended Term shall be agreed upon in writing not less than 30 calendar days prior to the date of expiration of the Original Term, or the anniversary date of eachsucceeding Extended Term, as the case may be. At the end of the final ExtendedTerm, if not terminated earlier, Borrower shall remit payment in full of the then­remaining Loan balance to WRURA without demand not later than five business days after the expiration of the then current Extended Term. 5.Borrower expressly acknowledges and agrees that the Loan is authorized byWRURA solely for the purposes set forth herein. It is not the intention of theparties that the Loan be used to fund any other operation or undertaking of Borrower. Use of the Loan for any other purpose without the express written consent of the City, which consent may be granted or withheld in the sole and exclusive discretion of the City, shall be a breach of this Agreement. 6.In the event of breach of this Agreement by Borrower, WR URA shall have theright to terminate this Agreement, and the repayment of the Loan shall becomedue and payable in full immediately, and without demand by WRURA. 7.By entering into this Agreement, Lender expressly does not assume any obligation of Borrower to any third party, including, but not by limitation, any term,condition, covenant, duty, or obligation set forth in any contract, certificates ofparticipation, commercial loan, or any other debt or obligation of Borrower towhich Lender has not expressly consented in writing. E.Additional Documents or Actions. The parties agree to execute any additionaldocuments or take any additional action that is reasonably necessary to carry out thisAgreement. F.Subject to Annual Appropriation. Consistent with Article X, Section 20 of the Colorado Constitution, any financial obligations of the Borrower not to be performed during the current fiscalyear are subject to annual appropriation, and thus any obligations of the Borrower hereunder shall extend only to monies currently appropriated. Accordingly, nothing in this Agreement shall beinterpreted (i) to directly or indirectly obligate Borrower to make any payment hereunder in excess ofamounts appropriated in any given year; or (ii) as creating a debt or multiple fiscal year obligation or indirect debt or other obligation whatsoever of the Borrower within the meaning of Article X, Section20 of the Colorado Constitution or any other constitutional limitation or provision. G.Assignment. This Agreement shall not be assigned by Borrower without the priorwritten consent of Lender. H.Binding Effect. This Agreement shall inure to the benefit of, and be binding upon,the parties, their respective legal representatives, successors, heirs, and assigns; provided however, that nothing in this Section shall be construed to permit the assignment of thisAgreement except as otherwise expressly authored herein. I.Supersedes. This Agreement supersedes and replaces all prior agreements, written ororal, with respect to the Loan. J.Governing Law and Venue. This Agreement shall be governed by the laws of theState of Colorado without reference to its conflict of laws principles. Venue for any actionarising under this Agreement or for the enforcement of this Agreement shall be in theappropriate court for Jefferson County, Colorado. L.No Third Party Beneficiaries. There are no intended or unintended third partybeneficiaries to this Agreement. Any person seeking payment from the proceeds of the Loanshall be deemed incidental to this Agreement, and nothing herein shall be deemed to provideany right of, or claim to, payment, or to otherwise create any action for recovery of any debt or obligation, or obligation of performance against WRURA under or arising from anyBorrower agreement with any third party. M.Waiver of Breach. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. N.Termination of Agreement. This Agreement shall automatically terminate uponpayment of the Loan. The Lender may extend the term of this Agreement for such reasonableperiod of time it may believe is reasonable to do so in order to allow cure to occur in the eventof non-payment by Borrower. Agreed to this 5th day of August 2025. Remainder of this page left blank intentionally. Signature Page for Loan Agreement For Lender: Wheat Ridge Urban Renewal Authority ��e�� Title: air For Borrower: City of Wheat Ridge By: --------------Name: Title: ATTEST: City Clerk Bud StarkerMayor TITLE: WHEAT RIDGE URBAN RENEWAL AUTHORITY RESOLUTION NO. 14-2025 REGARDING A LOAN FROM RENEWAL WHEAT RIDGE TO THE CITY OF WHEAT RIDGE FOR ACUISITION OF PROPERTY AT 4593 PARFET STREET FOR EXPANSION OF THE PUBLIC WORKS YARD INAN AMOUNT NOT TO EXCEED ONE MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000) THEREFORE, BE IT RESOLVED by the Wheat Ridge Urban Renewal Authority as follows: Section 1. The Board of Directors of the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge hereby agrees to enter into a loan agreement with the City of Wheat Ridge for the acquisition of property located at 4593 Parfet Street in an amount not to exceed $1,200,000 and detailed in Exhibit A as attached. ADOPTED the 5th day of August, 2025. ATT� l Steve Art, Executive Direct APPROVED AS TO FORM: URA Attorney WHEAT RIDGE URBAN RENEWAL AUTHORITY ATTACHMENT 3 ITEM NUMBER: 1d DATE: August 25, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: A MOTION AUTHORIZING PAYMENT TO AMERICAN WEST CONSTRUCTION, LLC IN THE TOTAL AMOUNT OF $332,855 FOR THE 39TH AVENUE AND HOYT COURT EMERGENCY STORMWATER LINE REPAIR ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: A stormwater line unexpectantly failed and resulted in a large sinkhole near the intersection of 39th Avenue and Hoyt Court. American West Construction had previously done emergency stormwater work for the City and staff solicited them to complete this work. PRIOR ACTION: N/A FINANCIAL IMPACT: Funds in the amount of $1,400,000 were budgeted in 2025 in Fund 66 to complete emergency stormwater line repairs. The total for these repairs was $322,855 BACKGROUND: On June 11, 2025, Operations Manager Mike Ivancich was notified of a sinkhole at 9550 Hoyt Court. A stormwater line consisting of 48-inch corrugated metal pipe failed at the west side of the property and approximately 150 linear feet of ground had caved above the failed pipe section. The bottom of the pipe had completely rusted out which resulted in no structural integrity to support the soil above and effectively convey stormwater. The stormwater line section to the northeast of the sinkhole was missing the bottom of the pipe but a collapse has not happened yet. The stormwater line to the south, towards W 38th Avenue, had some structural integrity, however the pipe was in poor condition Council Action Form – 39th Avenue & Hoyt Court Emergency Stormwater Line Repair August 25, 2025 Page 2 and in need of immediate repairs. American West Construction, LLC (AWC) was contacted and provided a proposal in the amount of $315,00 to make the necessary repairs to these sections of storm line. The City Manager approved this emergency work to proceed in the hope of preventing imminent failures. A total of 780 linear feet of pipe was repaired. AWC started these repairs on July 14, 2025, and work was completed on August 6, 2025. The work was completed quickly to minimize the risk of these stormwater lines collapsing and impacting on the surrounding area and roadway. Five change orders in the amount of $24,385 were added to the initial proposal of $315,000. The change orders occurred when the pipe prep work was washed out due to one intense storm and two occurrences of Lateral 55 Ditch Company/Wide Horizons Inc. opening irrigation gates after being instructed not to do so. The other two change orders were a result of additional backfilling of longitudinal voids, caused by erosion, adjacent to the stormwater pipes. Public Works helped defray costs of these repairs by providing traffic control and water control. Written notification regarding the project and the possible impacts was provided to affected property owners in advance of the start of construction. RECOMMENDATIONS: Staff recommends authorizing payment to American West Construction, LLC in the total amount of $332,885 for the 39th Avenue and Hoyt Court Emergency Stormwater Line Repair. RECOMMENDED MOTION: “I move to approve payment to American West Construction, LLC in the total amount of $332,885 for the 39th Avenue and Hoyt Court emergency stormwater line repair.” Or, “I move to deny approval of payment to American West Construction, LLC in the amount of $332,885 for the 39th Avenue and Hoyt Court emergency stormwater line repair for the following reason(s).” REPORT PREPARED/REVIEWED BY: Eric Czaikowski, Infrastructure Project Manager Daniel Martinez, Interim CIP Program Manager Kent Kisselman, Interim Director of Public Works Patrick Goff, City Manager Council Action Form – 39th Avenue & Hoyt Court Emergency Stormwater Line Repair August 25, 2025 Page 3 ATTACHMENTS: 1. American West Construction, LLC Proposal 2. American West Construction, LLC Invoice Detail 3. 39th Avenue & Hoyt Court Emergency Stormwater Line Repair Locations PROPOSAL DATE: 6/27/2025 PROJECT NAME: 38th & Hoyt (Spincast) QUOTE TO: City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 ITEM DESCRIPTION QTY UNIT UNIT PRICE EXT PRICE 10 Mobilization 1.000 LS $15,000.00 $15,000.00 20 Traffic Control Devices (Cones, Barrels & Signs) 1.000 LS $2,500.00 $2,500.00 30 Grout Voids 1.000 CY $9,500.00 $9,500.00 40 48" CCCP 780.000 LF $ 350.00 $273,000.00 50 Water Control 1.000 LS $4,000.00 $4,000.00 60 Re-Grade and Fill Area Over Pipe (`100 LF) 1.000 LS $11,000.00 $11,000.00 GRAND TOTAL: $315,000.00 EXCLUSIONS ▪Erosion control ▪Survey ▪Bond (add 1.5%)▪Testing ▪Winter protection ▪Permits ▪Erosion control maintenance ▪Dewatering ▪Incidental items not specifically included in AWC proposal ▪Seeding, Landscape reclamation ▪Night work NOTES ▪Notes, inclusion, and exclusions shall be included in AWC's contract/subcontract. ▪Owner/prime contractor and AWC shall determine a mutually agreed upon schedule. ▪Pricing is valid for 30 days. ▪The re-grading and filling of the area over the pipe, is for the 100 LF area that has subsided and includes class 1 material to be brought in as needed to put back the grade around and over the existing pipe. ▪Backcharges will not be accepted unless AWC is notified in advance and has provided a written agreement. AWC must be given the opportunity to perform or correct the work prior to any backcharge being issued. ▪Due to market volatility, AWC reserves the right to adjust pricing for fuel surcharges. ▪Unit price contract ▪AWC has assumed it will be able to work continuously without stoppages. ▪Mobilization assumes all work can be completed at the same time. Additional mob requirements will be at an additional mobilization charge. ▪Access to water for construction activities to be provided by the owner. ▪Clean culvert included. Any recleaning for any reason including but not limited to construction related sediment shall be done at an additional cost. Thank you, American West Construction, LLC Mark Menke | 970.619.1842 | mmenke@trustawc.com ATTACHMENT 1 Legend: 39th Avenue & Hoyt Court Emergency Stormwater Line Repair Stormwater Line Repaired Stormwater Line ATTACHMENT 3 ITEM NUMBER: 2 DATE: August 25, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 14-2025 TITLE: 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 ☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☒YES ☐NO 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. PRIOR ACTION: Planning Commission heard the request at a public hearing on July 17, 2025, and recommended approval. The staff report and a copy of the Planning Commission draft meeting minutes are attached. City Council approved this ordinance on first reading on July 28, 2025. A motion was made by Councilmember Larson and seconded by Councilmember Hoppe and was approved by a vote of 8 to 0. FINANCIAL IMPACT: Fees in the amount of $2,565 were collected for the review and processing of Case No. WZ-23-09. Specific Development Plan application fees will be due at time of application. Building permit and plan review fees, along with parkland dedication fees and building use tax, will be paid as part of the issuance of building permits. BACKGROUND: The site is located on the north side of West 44th Avenue between Tabor Street and Council Action Form – Rezoning Property at 11571 and 11581 W. 44th Ave. from A-1 to PRD August 25, 2025 Page 2 Robb Street. The site is made up of two unplatted lots and is approximately 145,054 square feet (3.33 acres) in size. It currently contains a 716-square-foot single-unit dwelling built in 1924, a 1,484-square-foot single-unit dwelling built in 1889, and multiple accessory structures. The site is currently zoned Agricultural-One (A-1). Adjacent properties to the north are zoned A-1, an agricultural property with a single-unit home, to the west is Residential- Two (R-2) and Residential-Three (R-3) with single-unit, townhomes and duplexes, to the south across 44th Avenue is R-3 and vacant, and to the east is Restricted-Commercial (R-C) along 44th Avenue with a commercial use and smaller-lot single unit residential development zoned PRD. Existing Conditions The current A-1 zoning would allow one (1) single-unit home and accessory structures, with up to 25-percent building coverage and 35-foot height. Because the site is over one acre, City Code does not allow it to be rezoned to a base zone district such as R-3 or Mixed Use-Neighborhood (MU-N) which could potentially accommodate the proposed type of development. Section 26-301.B.2 requires any application for a zone change for residential properties over one acre in size to be to a planned development. Proposed Zoning The proposed PRD zoning generally follows R-3 standards, with some standards borrowed from Mixed Use-Neighborhood (MU-N) and A-1 to create a unique zoning framework. The effect consolidates development in the front Planning Area 1 closer to 44th Avenue and adjacent to more intense uses. This is offset by transitions in height and stricter standards in the rear Planning Area 2 (i.e., no primary structures permitted, 25-foot height limit, and increased setbacks, landscaping, and buffering) where adjacent to lower density residential and agricultural uses. In the spirit of providing a high-quality development through a PRD, the project also proposes on-site parking and circulation, increased open space, on-site detention, and customized architectural and design standards. A full analysis of the proposed zoning and the ODP criteria is provided in the attached Planning Commission staff report. RECOMMENDATIONS: The application in this case is for rezoning of property. This action is quasi-judicial, and as a result, the applicant is entitled to a public hearing on the application. As Council is aware, rezoning in Wheat Ridge is accomplished by ordinance (Charter Sec. 5.10; Code Sections 26-112 and 26-303). Ordinances require two readings, and by Charter, the public hearing takes place on second reading. Council Action Form – Rezoning Property at 11571 and 11581 W. 44th Ave. from A-1 to PRD August 25, 2025 Page 3 Per City Code, the City Council shall use the criteria in Section 26-303 of the code to evaluate the applicant’s request for a zone change. A detailed Planning Commission staff report is enclosed with this criteria analysis, as well as additional information on the existing conditions and zone districts. Staff are recommending approval of this request. RECOMMENDED MOTION: “I move to approve Council Bill 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, 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.” Or, “I move to postpone indefinitely Council Bill 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, for the following reason(s) _______________ and direct the City Attorney to prepare a Resolution of Denial, to be scheduled for Council consideration at the next available regular business meeting.” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill 14-2025 2. Planning Commission Staff Report 3. Planning Commission Draft Meeting Minutes (07/11/25) ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 14 Ordinance No. 1827 Series 2025 TITLE: 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) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City’s review and approval of requests for land use cases; and WHEREAS, Caddis Collaborative submitted a land use application for approval of a zone change to the Planning Residential District (PRD) for property at 11571 and 11581 West 44th Avenue; and WHEREAS, the City of Wheat Ridge has adopted a Comprehensive Plan, Envision Wheat Ridge, which promotes vibrant neighborhoods and an array of housing options; and WHEREAS, the City of Wheat Ridge has adopted the 44th Avenue Subarea Plan, which calls for a high variety of housing as a priority west of Kipling and along the corridor; and WHEREAS, the proposed planned development is necessary and appropriate to accommodate cohousing development which is not contemplated in the City’s standard zoning codes; and WHEREAS, the zone change criteria support the request; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on July 17, 2025, and voted to recommend approval of the rezoning of the property to Planned Residential Development (PRD). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Caddis Collaborative for approval of a zone change ordinance from Agricultural-One (A-1) to Planned Residential Development (PRD) for property located at 11571 and 11581 West 44th Avenue, and pursuant to the findings ATTACHMENT 1 made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: PARCEL A: COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST ONE- QUARTER OF SECTION 21, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE 6TH P.M., WITH THE NORTH LINE OF WEST 44TH AVENUE, WHICH POINT OF INTERSECTION LIES 1974.1 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 21;THENCE EASTERLY ALONG THE NORTH LINE OF WEST 44TH AVENUE 101.3 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EASTERLY ALONG SAID NORTH LINE 112 FEET; THENCE NORTH, PARALLEL WITH THE WEST LINE OF SAID SECTION 21, 165 FEET; THENCE WEST, PARALLEL WITH THE NORTH LINE OF WEST 44TH AVENUE 112 FEET; THENCE SOUTH 165 FEET TO THE TRUE POINT OF BEGINNING, COUNTY OF JEFFERSON, STATE OF COLORADO. PARCEL B: THE PROPERTY DESCRIBED IN DEED RECORDED IN BOOK 387 AT PAGE 458, AS FOLLOWS: THE WEST THREE AND ONE-THIRD (3 1/3) ACRES OF THE FOLLOWING DESCRIBED TEN-ACRE TRACT OF LAND DESCRIBED AS COMMENCING AT A POINT 1320 FEET SOUTH FOURTEEN DEGREES THIRTY MINUTES EAST FROM THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF SECTION 21, T3S, R69W OF THE 6TH PM; THENCE SOUTH FOURTEEN DEGREES THIRTY MINUTES EAST 660 FEET; THENCE NORTH SEVENTY-SIX DEGREES THIRTY MINUTES EAST 640 FEET; THENCE NORTH FOURTEEN DEGREES THIRTY MINUTES WEST 661.5 FEET; THENCE SOUTH SEVENTY-FIVE DEGREES THIRTY MINUTES WEST 640 FEET TO THE PLACE OF BEGINNING, CONTAINING TEN ACRES, MORE OR LESS, (BEING APPROXIMATELY THE NW1/4SW1/4NW1/4 OF SAID SECTION 21) TOGETHER WITH ALL WATER AND DITCH RIGHTS AND PRIVILEGES THEREUNTO BELONGING AND USED FOR IRRIGATION OF SAID WEST 3 1/3 ACRES; SUBJECT TO RIGHTS OF WAY OF DITCHES UPON OR CROSSING OVER SAID 3 1/3 ACRES; EXCEPT THAT PARCEL OF LAND CONVEYED TO DOUGLAS G. WILLIAMS AND REBECCA L. WILLIAMS BY DEED RECORDED FEB. 29, 1968 IN BOOK 2000 AT PAGE 710 OF THE JEFFERSON COUNTY RECORDS Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that ATTACHMENT 1 the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of July 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 ATTACHMENT 1 First Publication: July 29, 2025 Second Publication: August 26, 2025 Effective Date: September 10, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us CASE NUMBER: WZ-23-09 DATE: July 17, 2025 PLANNING COMMISSION STAFF REPORT A REQUEST FOR APPROVAL OF A 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) ☒RECOMMENDATION TO CITY COUNCIL ☐LEGISLATIVE ☐FINAL ACTION BY PLANNING COMMISSION ENTER INTO RECORD: ☒CASE FILE AND PACKET MATERIALS ☒COMPREHENSIVE PLAN ☒ZONING ORDINANCE ☒DIGITAL PRESENTATION JURISDICTION: All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. ACTION REQUESTED: A request by Bryan Bowen of Caddis Collaborative for 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. BACKGROUND: Existing Conditions The site is located on the north side of West 44th Avenue between Tabor Street and Robb Street (Exhibit 1, Location Map). The site is made up of two unplatted lots and is approximately 145,054 square feet (3.33 acres) in size. It currently contains a 716- square-foot single-unit dwelling built in 1924, a 1,484-square-foot single-unit dwelling built in 1889, and multiple accessory structures. ☒PUBLIC HEARING ☒QUASI-JUSIDICIAL ATTACHMENT 2 Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 2 The site is currently zoned Agricultural-One (A-1) (Exhibit 2, Zoning Map). Adjacent properties to the north are zoned A-1, an agricultural property with a single-unit home, to the west is Residential-Two (R-2) and Residential-Three (R-3) with single-unit, townhomes and duplexes, to the south across 44th Avenue is R-3 and vacant, and to the east is Restricted-Commercial (R-C) along 44th Avenue with a commercial use and smaller-lot single unit residential development zoned PRD (Exhibit 3, Surrounding Uses). The 2009 Comprehensive Plan, Envision Wheat Ridge, designates the site as “Neighborhood,” along a “Neighborhood Commercial Corridor.” The site is also located within the boundaries of the 44th Avenue Subarea Plan. The plan calls for residential uses along 44th Avenue and on the subject site within the subarea plan. See Exhibit 4, Comprehensive Plan Excerpts. Process The current A-1 zoning allows for one single-unit home per one acre lot. In order to develop the proposed housing units, a rezone is required. Any property over one acre in size which is applying for a zone change for a residential purpose is required to rezone to Planned Development. The Planned Residential Development (PRD) zone district was created to further promote the public health, safety and general welfare by permitting greater flexibility and innovation in land development based upon a comprehensive, integrated plan or ODP (Exhibit 5, Outline Development Plan). Rezoning to a planned development in the City of Wheat Ridge entails approval of two documents. The first is the subject Outline Development Plan (ODP). The approval of the ODP changes the zoning designation on the land, establishes allowed uses and development standards for the property, and establishes access configurations for vehicles, pedestrians, and bicycles. The second document is the Specific Development Plan (SDP), which focuses on specific details of a development such as site design, architecture, landscaping, and drainage design. The SDP must be found to be compliant with the ODP in order to be approved. Section 26-302 of the Municipal Code allows for concurrent or sequential applications for the ODP and SDP. In this case, the applicant is requesting sequential review, and the SDP will be submitted as a separate application after the ODP, if approved. City Council is the final approving body for the subject ODP. ANALYSIS OF REQUEST: Attached is a copy of the proposed Outline Development Plan for the site, which contains two sheets (Exhibit 5, Outline Development Plan). The first page is a cover sheet with certification and signature blocks for the property owners, Planning Commission, City Council, and the Mayor. There is also a character of development statement, list of permitted uses, development standards, and other standard notes. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 3 The second page includes the conceptual layout of the property, including access, open space, and lots. As noted above, the ODP is a property-specific zoning document that establishes the underlying development standards. These are described below, would run with the land if approved, and cannot be changed without going through a subsequent zone change process. Site Configuration The ODP represents a phased approach to development, with two distinct Planning Areas, in which the northern portion of the site proposes stricter regulations to ensure sensitivity to adjacent properties. Planning Area 1 (PA 1), the southern portion of the site abutting 44th Avenue, is to contain the housing, while Planning Area 2 (PA 2), the northern portion of the site adjacent to existing lower density residential uses, is to remain agricultural in nature out of respect for the existing zoning and adjacent uses. Two access points are proposed near the east and west borders of the site leading to a looped perimeter drive that provides vehicular circulation, a pedestrian network, fire access, and utility infrastructure. Primary buildings are located inside the looped drive with multi-unit and common house buildings proposed along 44th Avenue; transitioning to townhomes, duplexes, and carriage houses moving north; and central common open space in the center between the buildings. PA 2, located north of the looped drive, is reserved primarily as open space with resident amenities. Six-foot tall solid fencing will border the perimeter of the site. Amenities are provided through a common house and central common green in PA 1, and a variety of features in PA 2 including an exercise studio, community kitchen, indoor outdoor dining, a natural pool and pool shed, community gardens and garden shed, a bike barn and storage, a makers shed for wood working and welding, and a dog run area and dog wash. While the site is required to be subdivided, there is no intent to create individual lots for the separate planning areas or buildings. This is a unique cohousing community where residents will have common interest. Allowable Uses The allowable uses in PA 1 include single-unit dwellings (attached, detached, and carriage house), duplexes, multi-unit residential, and standard residential accessory structures to match those permitted in base residential zones such as R-3 or MU-N. PA 2 is proposed to allow residential accessory uses only; no dwelling units are permitted in this part of the site. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 4 Density Pursuant to the city charter, the density limitation for the site is 21 dwelling units per acre resulting in a maximum of 69 units being allowed on the subject 3.33-acre site, where a maximum of only 39 units is proposed. The proposed density is comparable to what would be allowed under the city’s R-3 zone district which has a maximum of 12 dwelling units per acre. The units are organized so the highest density and building height is focused along 44th Avenue and gradually decreases to complement surrounding neighbors. More specifically, there are 23 stacked multi-unit dwellings and the common house concentrated along 44th Avenue. This transitions to six single-unit attached townhomes on the east side of the site (where adjacent to higher intensity uses to the east), and three duplexes and four carriage houses on the west side of the site (where adjacent to lower densities to the west). No additional units will be allowed on the northern PA 2. Development Standards The development standards generally follow R-3 standards, with some standards borrowed from Mixed Use-Neighborhood (MU-N) and A-1 to create a unique zoning framework. The effect consolidates density closer to 44th Avenue and adjacent to more intense uses. This is offset by transitions in height and stricter standards in PA 2 (i.e., no primary structures permitted, 25-foot height limit, and increased setbacks, landscaping, and buffering) where adjacent to lower density residential and agricultural uses. In the spirit of providing a high-quality development through a PRD, the project also proposes on-site parking and circulation; increased open space; on-site detention; and customized architectural and design standards. Specific zoning requirements are summarized below: Height, Size, Lot Coverage, and Setbacks – The ODP calls for the following development standards which compare to city standard zone districts as shown in the table below. Note that the project proposes a three-story limit on the multi-unit; a two-story limit on the townhomes, duplexes, and carriage houses; and a single-story limit on accessory structures. See Height, Size, Lot Coverage, and Setbacks Table on the following page. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 5 Height, Size, Lot Coverage, and Setbacks Table Standard Proposed Compared to R-3 zoning (contemporary overlay) Compared to MU-N Compared to A-1 (existing zoning) *Maximum Building Height 35 feet multi- unit; 32 feet single- unit/duplex; and 15 to 25 feet accessory 35 feet all residential; and 15 to 25 feet accessory 35 feet all residential (excepting height-exempt areas); and 20 to 25 feet accessory 35 feet all residential; and 15 to 25 feet accessory Maximum Building Coverage 60 percent 40 percent 85 percent 25 percent Front setback or Build-to (Build-to applies to multi-unit development in the contemporary overlay) 40 percent of building frontage to be located within 0 to 20-foot build-to 40 percent of building frontage to be located within 0 to 20-foot build-to 60 percent of building frontage to be located within 0 to 12-foot build-to 30 feet Side setbacks 5 feet per story in PA 1; and 15 feet in PA 2 5 feet 10 feet for 1-2 story buildings; and 15 feet for 3 story buildings 15 feet Rear setback 25 feet 10 feet 10 feet for 1-2 story buildings; and 15 feet for 3 story buildings 15 feet *Bulk plane also applies in accordance with standard residential zones. Parking – Parking requirements are proposed to match the city’s MU-N district, requiring one (1) to two and one-half (2.5) parking spaces per unit. Also in line with MU-N, guest parking is required at the discretion of the director and is planned for as shown on the ODP. Bike parking and electric vehicle parking shall be required in Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 6 accordance with typical standards. Parking is provided through a combination of single- story garages on the east side, surface parking for guests on the west side, and tuck under garages. Pursuant to a recent amendment to the city’s zoning ordinance approved by City Council on June 23 (Council Bill No. 11-2025), the multi-unit residential component will not be subject to the parking requirements listed herein because of state requirements and House Bill 24-1304 which prohibits municipalities from enacting and enforcing minimum off-street parking requirements for multi-unit residential developments. Access – Two access points are proposed along 44th Avenue forming a looped perimeter drive that will accommodate on-site circulation, fire access, and utility infrastructure under the drive. In early designs, the applicant proposed one point of access only on 44th Avenue, but due to the need for guest parking and more importantly the need for fire access and looped utility systems, two points of access are required. The drive creates additional buffer from adjacent uses, resulting in primary buildings that are set back around 50 feet even if setback requirements are less. Drainage – Full water quality and detention for the site will be required and is planned to be provided in an underground system along the western portion of the site. The Engineering Division has no concerns based on the preliminary drainage analysis provided with ODP. A full drainage report and final design will be required at the time of SDP application. Traffic –The development is not anticipated to create negative impact on traffic operations for the surrounding streets and for the proposed site access. The analysis of site generated traffic concluded that the anticipated traffic volumes of the proposed development will be minor, with up to 20 trips expected in the peak hour. Landscaping, Open Space, and Fencing – Proposed landscaping and open space exceed city standard. In addition to the minimum requirements listed in the table below as compared to city standard zone districts, the ODP also requires a five-foot buffer and/or fencing at side and rear property lines. Any fencing placed to the rear is to be horse-safe out of respect for the adjacent agricultural use. See Landscaping and Open Space Table on the following page. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 7 Landscaping and Open Space Table Standard Proposed Compared to R-3 zoning (contemporary overlay) Compared to MU-N Compared to A-1 (existing zoning) Open Space and Landscaping Minimums 40 percent, of which 50 percent must be usable and 50 percent landscaped 30 percent of which 50 percent must be landscaped 15 percent of which 75 percent must be usable and 35 percent landscaped 25 percent of the gross lot area and 100 percent of the front yard All other typical landscaping requirements of Section 26-502 shall apply, including the requirement for waterwise landscaping. Form, Massing, and Architecture – In alignment with the required build-to, the ODP calls for a “building forward” design with an enhanced, street-facing façade with entry enhancements. Heights transition from three-story to the south decreasing to two-story duplexes, townhomes, and carriage houses in the middle, and single-story accessory structures in the rear and east side in keeping with surrounding forms. Articulation and variation are also required, and standards set forth in the Architectural and Site Design Manual shall apply. Conceptual architectural renderings are provided in Exhibit 6. General Code Compliance – In all other areas, the project is proposed to comply with the zoning code including but not limited to lighting, signage, fencing, and streetscape design. ZONE CHANGE CRITERIA Staff have provided an analysis of the zone change criteria outlined in Section 26-303.D. The applicant also provided a response to the criteria (Exhibit 7, Applicant Letter of Request). The Planning Commission shall base its recommendation on consideration of the extent to which the following criteria have been met: 1.The change of zone promotes the health, safety, and general welfare of the community and will not result in a significant adverse effect on the surrounding area. The proposed zoning contributes to housing needs of the community, provides a unique and context-sensitive design, improves public utility infrastructure by undergrounding storm systems and upgrading utilities, and advances public improvements along 44th Avenue. The proposed zoning complies with safety and access requirements of the fire district, and servicing requirements of utility Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 8 districts. The development will likely add value to the area through high-quality design. The use and intensity of the proposed development is compatible with the surrounding land uses by incorporating context-sensitive restrictions such as increased setbacks, buffers, open space, fencing, lower heights, and architectural standards that respect adjacent development. Staff conclude that this criterion has been met. 2.The development proposed on the subject property is not feasible under any other zone district and would require an unreasonable number of variances or waivers and conditions. The current A-1 zoning would allow one (1) single-unit home and accessory structures, with up to 25-percent building coverage and 35-foot height. Because of the size of the property, the current zoning could result in more intensive agricultural uses and incompatible development that is taller with minimal setbacks and buffering from adjacent uses. Because the site is over one acre, City Code does not allow it to be rezoned to a base zone district such as R-3 or MU-N which could potentially accommodate the proposed type of development. Section 26-301.B.2 requires any application for a zone change for residential properties over one acre in size to be to a planned development. Given the proposed use, the surrounding conditions, and servicing requirements (i.e., fire access and looped systems), the PRD zoning is the most appropriate zone change option. It will also allow the applicant to commit to reduced building height and enhanced architecture and landscaping not normally required in other zone districts. Staff conclude that this criterion has been met. 3.Adequate infrastructure/facilities are available to serve the types of uses allowed by the change of zone, or the applicant will upgrade and provide such where they do not exist or are under capacity. All service providers and utility districts have indicated that they have no concerns with the proposal and have indicated they can serve the property with improvements installed at the developer’s expense. The development of the site will require significant public improvements, including on-site drainage, stormwater upgrades, utility upgrades, and public improvements along right-of-way. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 9 Staff conclude that this criterion has been met. 4. The Planning Commission shall also find that at least one (1) of the following conditions exists: a. The change of zone is in conformance, or will bring the property into conformance, with the City of Wheat Ridge comprehensive plan goals, objectives and policies, and other related policies or plans for the area. The proposal aligns with the City’s adopted plans including the 2009 comprehensive plan, the 44th Avenue Subarea Plan, and the pending City Plan update. Envision Wheat Ridge, the City’s 2009 comprehensive plan, is organized around six key values, four of which are achieved by this project: 1. Create a Resilient Local Economy Based on a Balanced Mix of Land Uses (including residential neighborhoods). 2. Promote Vibrant Neighborhoods and an Array of Housing Options. 3. Enhance Community Character and Accentuate Quality Design. 4. Ensure a Sustainable Future. Within Envision Wheat Ridge, the Structure Plan map provides high-level guidance for achieving the City’s vision by designating development priorities and future land areas (Exhibit 4, Comprehensive Plan). The subject site is designated as “Neighborhood” and along a “Neighborhood Commercial Corridor.” The proposed zone change is consistent with the neighborhood designation, including addressing the need for greater variety along the corridor, and the co-housing project supports the City’s above-stated goals. Additionally, the 44th Avenue Subarea Plan calls for a high variety of housing as a priority west of Kipling and along the corridor for which this project complies, and the plan also reiterates the need to have compatible development within established neighborhoods. Envision Wheat Ridge will soon be replaced by an updated comprehensive plan, the City Plan. While it is not yet adopted, the draft plan will be published by the hearing date, and the future development of the site will occur under the new plan. Therefore, staff have also evaluated the proposed zone change against the draft City Plan to confirm it aligns with this future guidance. The housing options allowed by the proposed zone change directly support the City Plan core value to be inclusive and the principle of serving a mix of incomes. It also aligns with the desired outcome of peaceful coexistence by thoughtfully applying and calibrating form and use tools based on the features of adjacent properties. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 10 The City Plan identifies this site as a Moderate Variety Neighborhood Place Type adjacent to a Community Corridor, and it also qualifies as a ‘Special Case Agricultural Re-use Site’. The plan specifies the appropriate application of use and form in this context. For this location, a wide variety of housing types ranging from single-unit residential up to multi-unit residential adjacent to 44th Avenue are appropriate. The proposed site design responds to all of the form and design recommendations of the City Plan. It incorporates build-to and setbacks that match those surrounding the site and are increased where adjacent to low density residential to the north. Bulk plane and form requirements avoid imposition of additional height on adjacent properties, appropriate screening and buffering are included, and parking needs are addressed on site. Finally, the City Plan includes an implementation strategy to support housing development to meet community goals. This includes reviewing the zoning code to allow housing production that support businesses, specifically calling out 44th Avenue as a corridor in need of additional housing. This zone change implements this strategy by providing new housing stock on 44th Avenue. Staff conclude that this criterion has been met. a. The existing zone classification currently recorded on the official zoning maps of the City of Wheat Ridge is in error. Staff find no evidence of an error on the official zoning maps. Staff conclude that this criterion is not applicable. b. A change of character in the area has occurred or is occurring to such a degree that it is in the public interest to encourage redevelopment of the area or to recognize the changing character of the area. The area has seen an increasing mix of housing types and densities, as well as additional commercial investment. The investments and changes complement the diversity of land uses in the area and strengthen the residential and commercial markets. Multiple development sites nearby have recently seen investment including the site planning and development of the Terrace Townhomes project one site west at 11645 W. 44th Avenue, the redevelopment of the Howard Johnson hotel site (now Tabor Lake Apartments) at 12100 W. 44th Avenue to workforce housing with planned commercial pad sites along 44th Avenue, and a rezoning of the Applewood RV Park at 11680 W. 44th Avenue with plans to expand. Staff conclude that this criterion has been met. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 11 c. The proposed rezoning is necessary to provide for a community need that was not anticipated at the time of the adoption of the City of Wheat Ridge comprehensive plan. Since the adoption of the comprehensive plan in 2009, the City Council adopted the Affordable Housing Strategy and Action Plan in 2023, as a guiding document to address housing affordability in Wheat Ridge. This plan identifies a need for multi- unit rental and ownership where possible to achieve inclusionary, mixed-income outcomes. The 44th Avenue Subarea Plan adopted in 2023 also identifies housing as a priority along the corridor of West 44th Avenue, west of Kipling Street. The proposed zone change responds directly to goals identified in the Affordable Housing Strategy and Action Plan, as well as the comprehensive plan and 44th Avenue Subarea Plan. Staff conclude that this criterion has been met. Staff conclude that the criteria used to evaluate zone change support this request. NEIGHBORHOOD MEETING & PUBLIC INPUT: Pursuant to Section 26-109 of the Code of Laws, the applicant notified all property owners and residents within 1,000 feet of the site of the neighborhood meeting. Neighborhood meetings are required prior to the submission of an application for a zone change. The neighborhood input meeting was held on November 15, 2022. Three (3) members of the public attended the meeting in addition to the applicant and staff. A full summary of the meeting is attached in Exhibit 8. In response to comments made at the neighborhood meeting and in neighborly conversations outside of the formal process, the applicant reduced allowable uses in PA 2 and increased buffers and screening on the north end especially. Public noticing is required prior to public hearings. If any comments are provided prior to the Planning Commission public hearing on July 17, they will be entered into the record and distributed to Commissioners at the public hearing. Comments collected on Wheat Ridge Speaks will also be reviewed by Planning Commissioners and entered into the public record. REFERRAL: There were no concerns expressed by internal departments including the City of Wheat Ridge Engineering Division, Public Works, Parks & Recreation, Building Division, Police Department, Economic Development, or Urban Renewal Authority. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 12 All affected service agencies were contacted for comment on the ODP, specifically regarding the ability to serve the property. Referral responses from service districts follow: Valley Water District: Can serve subject to district requirements. Coordination will continue through development. Fruitdale Sanitation District: Can serve subject to district requirements. Coordination will continue through development. Arvada Fire Protection District: Can serve subject to district requirements. Coordination will continue through development. Xcel Energy: Can serve subject to district requirements. Coordination will continue through development. Comcast Cable/Xfinity: No comments provided. Coordination will continue through development. Century Link/Lumen: Can serve subject to district requirements. Coordination will continue through development. A utility letter has been provided by the applicant’s engineer as Exhibit 9 that confirms ongoing coordination with service districts and acknowledgement that district requirements can be met. STAFF CONCLUSIONS AND RECOMMENDATION: Staff has concluded that the proposed rezoning and Outline Development Plan (ODP) are consistent with the zone change criteria. Because the requirements for an ODP have been met and the review criteria support the ODP, a recommendation for approval is given. RECOMMENDED MOTION: “I move to recommend APPROVAL of Case No. WZ-23-09, a request for 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, for the following reasons: 1.The proposed zone change will promote public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 13 2. The proposed zone change is consistent with the goals and objectives of the City’s adopted plans. 3. The proposed zoning, density, and land use are consistent with the intent of a planned development, compatible with surrounding land uses, and will result in a high-quality development. 4. The infrastructure in the area can support the development. 5. The criteria used to evaluate a zone change support the request. Or, “I move to recommend DENIAL of Case No. WZ-23-09, a request for 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, for the following reasons: 1. 2. 3. …” REPORT PREPARED/REVIEWED BY: Stephanie Stevens, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director EXHIBITS: 1. Location map as aerial photograph of site 2. Zoning map 3. Map of surrounding uses 4. Comprehensive plan excerpts 5. Outline Development Plan 6. Renderings of conceptual architecture 7. Applicant letter of request and response to ODP criteria 8. Neighborhood meeting summary 9. Utility letter provided by applicant’s engineer Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 14 EXHIBIT 1: LOCATION MAP AS AERIAL PHOTOGRAPH OF SITE Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 15 EXHIBIT 2: ZONING MAP Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 16 EXHIBIT 3: MAP OF SURROUNDING USES Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 17 EXHIBIT 4: COMPREHENSIVE PLAN EXCERPTS Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 18 EXHIBIT 4: COMPREHENSIVE PLAN EXCERPTS 44TH AVENUE SUBAREA PLAN Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 19 EXHIBIT 5: OUTLINE DEVELOPMENT PLAN See attached. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 20 EXHIBIT 6: RENDERINGS OF CONCEPTUAL ARCHITECTURE See attached. Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 21 EXHIBIT 7: APPLICANT LETTER OF REQUEST AND RESPONSE TO SDP CRITERIA Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 22 Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 23 EXHIBIT 8: NEIGHBORHOOD MEETING SUMMARY Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 24 Attendees: Alayna Olivas-Loera Stephanie Stevens Bryan Bowen Bob Marilyn Kokesh Bill Carleton Eric KT Mike Tilley Planning Commission Staff Report – Blue Columbine ODP July 17, 2025 Page 25 EXHIBIT 9: UTILITY LETTER PROVIDED BY APPLICANT’S ENGINEER Planning Commission Minutes -1 – July 17, 2025 PLANNING COMMISSION Minutes of Meeting July 17, 2025 CALL THE MEETING TO ORDER The meeting was called to order by Chair Quinn at 6:31 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 1.ROLL CALL OF MEMBERS Commission Members Present: Kristine Disney Daniel Graeve Krista Holub Michael Moore Patrick Quinn Syrma Quinones Susan Wood Commission Members Absent: Staff Members Present: Jana Easley, Planning Manager Stephanie Stevens, Senior Planner Ella Stueve, Senior Neighborhood Planner Tammy Odean, Recording Secretary 2.PLEDGE OF ALLEGIANCE 3.APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 4.APPROVAL OF MINUTES – May 15, 2025 It was moved by Commissioner DISNEY and seconded by Commissioner MOORE to approve the minutes of May 15, 2025, as written. Motion carried 7-0. 5.PUBLIC FORUM (This is the time for any person to speak on any subject not appearing on the agenda.) No one wished to speak at this time. 6.PUBLIC HEARING ATTACHMENT3 Planning Commission Minutes - 2 – July 17, 2025 A. Case No. WZ-23-09: an application filed by Bryan Bowen of Caddis Collaborative for 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. Chair Quinn opened the public hearing. Ms. Stevens gave a short presentation regarding the zone change and the application. She entered into the record the contents of the case file, packet materials, the zoning ordinance, the comprehensive plan, and the contents of the digital presentation. She stated the public notice and posting requirements have been met, therefore the Planning Commission has jurisdiction to hear this case. Bryan Bowen, Applicant Boulder, Colorado Mr. Bowen gave a brief description about the vibrant neighborhood in a co- housing environment and how it helps combat the current housing shortage. He mentioned how it builds community prior to move in because the future residents come together to develop the community. Public Comment Josh Blum 2570 Bellaire St., Denver Mr. Blum mentioned he is a member of Blue Columbine and loves the village feel of the community and support that is all around and hopes this development will work out for the City of Wheat Ridge. Chair Quinn closed the public comment. Commissioner DISNEY asked if all the members of the community have been acquired. Mr. Bowen mentioned they like to have 80% of the units presold so they can get the construction loan and currently Blue Columbine is half or two-thirds of the way there. He added that once a location is found then more members tend to join. Commissioner DISNEY also inquired about the density of the property and thought 39 units seems like a lot. Planning Commission Minutes - 3 – July 17, 2025 Mr. Bowen mentioned they went to 39 units because they could afford to develop smaller units that would be more attainable. Commissioner HOLUB asked about the sustainable design at net zero for this application. Mr. Bowen clarified it varies from project to project, but they have been doing passive solar since 1995 and for this project we will be exceeding 24 IEC which is exceeding the baseline by quite a bit. He also mentioned that low-carbon construction methods will be used. In response to a question from Commissioner HOLUB, Mr. Bowen explained that the focus will be on 44th Avenue and how can we connect through that street frontage and get to know the neighborhood. He added that the common spaces are used for gathering not only for the residents, but also the surrounding neighborhood as a beacon of social connection. Commissioners GRAEVE and QUINONES asked if co-housing has a price point and if the financial calculations could be explained. Mr. Bowen said that construction and the land is inflexible. So, the members can get loans and the value of the homes float between the higher and lower values, so it is more cost effective for the members. Commissioner QUINONES also asked if there will be any restriction around owner-occupied properties. Mr. Bowen mentioned that investor property has not been a problem in the past and sometimes there have been boundaries placed on properties. Commissioner WOOD enjoyed learning about co-housing and thinks it is innovative and flexible and asked how the guest parking will be handled. Ms. Stevens clarified that guest parking will be looked at the same as a townhome development in the Mixed-Use Zone Districts where space is tight and we must balance other requirements like open space and drainage, so discretion is given to the Director of Community Development to add more parking or not. Commissioner QUINN asked about next steps for getting more members for Blue Columbine. Mr. Bowen mentioned that adding new members is tied to the zone change and specific development plan approvals by Planning Commission and City Planning Commission Minutes - 4 – July 17, 2025 Council. Momentum and credibility will build over time. He added that it would be nice to break ground summer of 2026. Chair Quinn closed the public hearing. It was moved by Commissioner MOORE and seconded by Commissioner GRAEVE to recommend APPROVAL of Case No. WZ-23-09, a request for 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 West 44th Avenue, for the following reasons: 1. The proposed zone change will promote public health, safety, or welfare of the community and does not result in an adverse effect on the surrounding area. 2. The proposed zone change is consistent with the goals and objectives of the City’s adopted plans. 3. The proposed zoning, density, and land use are consistent with the intent of a planned development, compatible with surrounding land use, and will result in a high-quality development. 4. The infrastructure in the area can support the development. 5. The criteria used to evaluate a zone change support the request. Commissioner DISNEY spoke to some of the people in the audience from the surrounding neighborhood and mentioned they might have some anxiety about this development and empathized with their feelings because it is quite a difference from what is in the existing neighborhood. She explained that we live in a big city, and it is different than what it was 30 years ago and hopes the developer can make the buildings more casual and have them blend in a little bit more with the surrounding neighborhood. She mentioned she is in favor of the development. Commissioner HOLUB agreed with Commissioner DISNEY and hopes the community and the developer will look at the sustainability goals of the city and is also in favor of the project. Commissioner GRAEVE appreciated the comments of his fellow commissioners and looks forward to supporting this project and it is hard to see the agricultural land disappear, but it has been an educational experience learning about co-housing and thinks there is a benefit in terms of the social connection and thinks this design can alleviate over-crowding and is very forward looking. He added he appreciated the developers’ experience with staff and will be voting in favor. Planning Commission Minutes - 5 – July 17, 2025 Commissioner WOOD echoed the comment from the other commissioners and believes this project is greatly needed and supports it because of the housing shortage. She also agrees that the developer needs to be sensitive to the surrounding neighborhood and will be voting in favor. Commissioner QUINN also echoed the comments of Commissioner DISNEY and mentioned it is hard to see agricultural land go away, but things are changing, and they should take the surrounding neighbors’ thoughts in mind and will be voting in favor. Motion carried 7-0. 7. OLD BUSINESS 8. NEW BUSINESS A. City Plan Discussion Ms. Stueve gave a brief presentation to provide the Commissioners with an update on the City Plan process and review the public draft of the plan. She started with the project overview and implementing the City Plan. Commissioner GRAEVE mentioned he felt there is a sense of broad language with the Plan and can take situations and plug them into the Plan and get a result. He added the Plan has a lot of specificity and is geared towards the decision-making process and can be a practical tool, but still not make all the community happy. Ms. Stueve said staff is trying to meet peaceful co-existence by looking at the intent of the plan and give the right tools to use. Commissioner WOOD thinks the Plan includes a great deal of specificity, but like how it starts with the core values and principals and builds from it which will serve as a foundation to fall back on. She added it measures compatibility. Commissioner HOLUB liked the visual of seeing the whole city in the place type map. Commissioner QUINN thanks staff for all the hard work on the City Plan and asked how we give the community a good voice to be heard. ITEM NUMBER: 3 DATE: August 25, 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. City Council approved this ordinance on first reading on August 11, 2025. A motion was made by Councilmember Stites and seconded by Councilmember Ohm and was approved by a vote of 8 to 0. Council Action Form – Charter Amendment – Clerk and Treasurer August 25, 2025 Page 2 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 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, on second reading, order is published, and that it takes effect immediately as permitted by Section 5.11 of the Charter. 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 8 to 0 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: 4 DATE: August 25, 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. City Council approved this ordinance on first reading on August 11, 2025. A motion was made by Councilmember Ohm and seconded by Councilmember Dozeman and was approved by a vote of 8 to 0. 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 Council Action Form – Town Center Park Sale August 25, 2025 Page 2 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 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, 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.” 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).” Council Action Form – Town Center Park Sale August 25, 2025 Page 3 REPORT PREPARED/REVIEWED BY: Allison Scheck, Deputy City Manager 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 8 to 0 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: 5 DATE: August 25, 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. City Council approved this ordinance on first reading on August 11, 2025. A motion was made by Councilmember Hultin and seconded by Councilmember Hoppe and was approved by a vote of 8 to 0. 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. Council Action Form – 4084 Property Sale August 25, 2025 Page 2 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. 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, 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.” 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 8 to 0 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 ITEM NUMBER: 6 DATE: August 25, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: A MOTION TO ACCEPT THE 2024 FINANCIAL STATEMENTS FROM HAYNIE AND CO ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Section 10.15 of the Municipal Charter for the City of Wheat Ridge requires that an independent audit be performed annually of all City accounts. In 2024, the City received more than $750,000 in federal funds for Wadsworth Boulevard which also triggered a “single audit” of all federal funds. The CPA firm Haynie & Co (Haynie) performed both the City and federal audits of the City’s financial statements for the year ending December 31, 2024. Once again, this year, the City received an unmodified opinion indicating that the City’s financial statements are fairly and appropriately presented. A representative from Haynie will be at the August 25, 2025, City Council meeting to present the 2024 Financial Statements to Council for acceptance. PRIOR ACTION: City Council is presented with the prior years’ financial statements on an annual basis. FINANCIAL IMPACT: The contract for audit services with Haynie is for an amount of $50,540 inclusive of the single audit for federal funds received and expended. BACKGROUND: The attached governance communication (addressed to Honorable Mayor and Members of City Council) is the auditors’ official communication to the governing body explaining the audit process, findings and issues. The following comments can be found in the attached communication: Accounting Policies “We noted no transactions entered into by the City during the year that were both Council Action Form – 2024 Financial Statements August 25, 2025 Page 2 significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus.” Disagreements with Management “We are pleased to report that no such disagreements arose during the course of our audit.” Significant Difficulties Encountered in Performing the Audit “None.” The following conclusion was reached as a result of the audit and can be found under “Supplemental Information” beginning on page 69 of the attached financial statements: “During our review of year-end accruals related to the Wheat Ridge Urban Renewal Authority (WURA), sales and property tax increment funds collected by the WURA in 2024 and remitted in 2025 totaling $1,143,564, of which $967,550 were identified through audit procedures, owed to various developers under redevelopment agreements were not accrued as expenses and related liabilities in the proper period.” This is related to proactively recording future tax increment financing (TIF) obligations in WURA’s financial statements. Council may read additional information in the financial statements. This is a repeat finding. RECOMMENDED MOTION: “I move to accept the 2024 Financial Statements from Haynie and Co.” Or, “I move to deny the acceptance of the 2024 Financial Statements from Haynie and Co for the following reason(s) ___________________” REPORT PREPARED/REVIEWED BY: Mark Colvin, Finance Manager Allison Scheck, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. 2024 Governance Communication 2. 2024 Financial Statements August 15, 2025 To the City Council and Management City of Wheat Ridge We have audited the financial statements of the governmental activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of City of Wheat Ridge (the “City”) for the year ended December 31, 2024, and have issued our report thereon dated August 15, 2025. Professional standards require that we provide you with the following information related to our audit. Our responsibility under U.S Generally Accepted Auditing Standards was provided to you in the engagement letter dated January 30, 2025. This letter also communicated the general scope and timing of our audit; any significant updates have been verbally communicated. We have also requested and received written representations from management regarding the financial statements. A copy of this letter can be provided to you upon request. Significant Accounting Policies The significant accounting policies used by the City are described in Note 1 to the financial statements. Governmental Accounting Standards Board Standard 101 (“GASB 101, Compensated Absences” was newly adopted effective January 1, 2024, and did not have a significant impact to financial reporting for the City. The application of other existing policies did not materially change during 2024. We noted no transactions entered into by the City during the year that were both significant and unusual, and of which, under professional standards, we are required to inform you, or transactions for which there is a lack of authoritative guidance or consensus. Significant Accounting Estimates Accounting estimates are an integral part of the financial statements prepared by management and are based on management’s knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The most sensitive estimates affecting the financial statements were: Management’s estimate of the depreciable lives and estimated residual value of property and equipment is based on prior management experience. We evaluated the key factors and assumptions used to develop the depreciable lives in determining that it is reasonable in relation to the financial statements taken as a whole. ATTACHMENT 1  The estimate of salary-related payments applied to the accrued compensated absence liability was a flat percentage across all employees. We reviewed the estimate relative to expected employer salary-related payments and found the estimate to be reasonable.  The estimate of the discount rate used for new subscription-based technology arrangement liabilities (SBITAs) is based on the City’s incremental borrowing rate. We evaluated the key factors and assumptions used to develop the discount rate and found the estimate to be reasonable Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. The attached proposed journal entry report summarizes one uncorrected misstatement of the financial statements. Management has determined that the effect is immaterial, both individually and in the aggregate, to the financial statements taken as a whole. The uncorrected misstatement or the matters underlying it could potentially cause future period financial statements to be materially misstated, even though, in our judgment, such uncorrected misstatements are immaterial to the financial statements under audit. Attached is the list of misstatements corrected by management, identified by both the audit team (identified as AJE) and communicated to the audit team by the City (identified as PBC). Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor’s report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated August 15, 2025. Consultations with Other Independent Accountants None of which we are aware. Significant Issues Discussed Prior to Retention of Independent Auditors We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the City’s auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Significant Difficulties Encountered in Performing the Audit None. Communication of Significant Deficiencies and Material Weaknesses In planning and performing our audit of the financial statements of the governmental activities of City of Wheat Ridge as of and for the year ended December 31, 2024, in accordance with auditing standards generally accepted in the United States of America, we considered City of Wheat Ridge’s system of internal control over financial reporting (internal control) as a basis for designing audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of City of Wheat Ridge internal control. Accordingly, we do not express an opinion on the effectiveness of City of Wheat Ridge’s internal control. Our consideration of internal control was for the limited purpose described in the preceding paragraph and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies and, therefore, material weaknesses or significant deficiencies may exist that were not identified. However, as discussed below, we identified certain deficiencies in internal control that we consider to be material weaknesses and significant deficiencies. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies in internal control, such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented, or detected and corrected, on a timely basis. We consider the following deficiency in internal control to be a material weakness:  During our review of year-end accruals related to the Wheat Ridge Urban Renewal Authority (WURA), sales and property tax increment funds collected by the WURA in 2024 and remitted in 2025 totaling $1,143,564, of which $967,550 were identified through audit procedures, owed to various developers under redevelopment agreements were not accrued as expenses and related liabilities in the proper period. We recommended that the City staff, who perform the accounting functions for the WURA, develop a procedure to ensure cash transactions recorded by the WURA are monitored for proper year-end accruals. The City agreed with this process moving forward. Other Matters We applied certain limited procedures to Management’s discussion and analysis and certain budgetary schedules, which is required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management’s responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. We were engaged to report on the combining statements, certain budgetary schedules, and the highway users tax report which accompany the financial statements but are not RSI. With respect to this supplementary information, we made certain inquiries of management and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method of preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit of the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. We were not engaged to report on the Introduction section, which accompany the financial statements but are not RSI or SI. Such information has not been subjected to the auditing procedures applied in the audit of the basic financial statements, and accordingly, we do not express an opinion or provide any assurance on it. Restriction on Use This information is intended solely for the information and use of the City Council and management of City of Wheat Ridge and is not intended to be, and should not be, used by anyone other than these specified parties. Sincerely, Haynie & Company Client:City of Wheat Ridge Engagement:2024 Audit Current Period:12/31/2024 Workpaper:Proposed Journal Entry Account Description Misstatement Workpaper  Reference Debit Credit Net Income Effect PJE #1 Known 5004 To adjust the contract lease of Verkada CCTV  started in 2024 but should be in 2023 01‐580‐01‐587 GASB 87 NON‐CASH ‐ REVENUE                       29,717.00                                  0.00  01‐117‐800‐810 GASB 87                                 0.00                       29,717.00  Total                       29,717.00                       29,717.00                                0.00       GRAND TOTAL                       29,717.00                       29,717.00                                0.00  8/15/2025 10:48 AMClient:City of Wheat Ridge Engagement:2024 Audit Current Period:12/31/2024 Workpaper:Adjusting Journal Entries Account Description Workpaper  Reference Debit Credit Net Income  Effect AJE#1 5400.1 To roll fund balance in the general fund 01‐580‐00‐589 FUND BALANCE CARRYOVER                      0.00            12,881.00  01‐580‐00‐588 MISCELLANEOUS INCOME           12,881.00                      0.00  Total           12,881.00           12,881.00         (12,881.00) AJE#4 4110.1 To accrue Annual TIF Payments made in 2025  for 2024.  Reverse in 2025 37‐300 ACCOUNTS PAYABLE‐WRTC                      0.00          669,623.00  37‐123‐800‐802 PROJECT COSTS (KIPLING RIDGE)        669,623.00                       0.00  37‐300 ACCOUNTS PAYABLE‐WRTC                      0.00          297,927.00  37‐123‐800‐802 PROJECT COSTS (KIPLING RIDGE)        297,927.00                      0.00  Total         967,550.00         967,550.00       (967,550.00) PBC #1 To record the unrealized gain on investment  through December 2024 37‐120.1 MANAGED ACCOUNT ‐ CSIP  2210108001 ‐ WRURA Bond         470,847.71                       0.00  37‐580‐04‐581 UNREALIZED GAIN/LOSS ON  INVESTED FUNDS                      0.00         470,847.71  Total         470,847.71         470,847.71         470,847.71  PBC #2 To true up entry to URA bond  37‐580‐01‐581 INVESTMENT INCOME (BOND)                     0.00          470,847.71  37‐580‐04‐581 UNREALIZED GAIN/LOSS ON  INVESTED FUNDS         470,847.71                      0.00  Total         470,847.71         470,847.71                      0.00  PBC#3 Accrue 2024 Property Tax TIF obligations.   Reverse in 2025. 37‐123‐800‐802 PROJECT COSTS (KIPLING RIDGE)        117,538.00                       0.00  37‐300 ACCOUNTS PAYABLE‐WRTC                      0.00          117,538.00  37‐123‐800‐802 PROJECT COSTS (KIPLING RIDGE)          29,924.00                       0.00  37‐300 ACCOUNTS PAYABLE‐WRTC                      0.00            29,924.00  37‐123‐800‐802 PROJECT COSTS (KIPLING RIDGE)          28,552.00                       0.00  37‐300 ACCOUNTS PAYABLE‐WRTC                      0.00           28,552.00  Total         176,014.00         176,014.00       (176,014.00)      GRAND TOTAL     2,098,140.42     2,098,140.42       (685,597.29) Page 1 of 1 ATTACHMENT 2 ITEM NUMBER: 7 DATE: August 25, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: A MOTION AWARDING THE YOUNGFIELD PUBLIC ART CONTRACT TO PANGBURN, WILLIAMS, AND DAVIS IN THE AMOUNT OF $240,000 FOR THEIR MURAL PROPOSAL ENTITLED “WILD BEAUTY” ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Youngfield Street Beautification project includes funding for public art. The process for selecting public art is defined in the Public Art Management Plan. Per this process, a public art piece called “Wild Beauty” has been commissioned. The proposal submitted by Alexandrea Pangburn, Julia Williams, and AJ Davis was selected by an appointed committee for recommendation to the Cultural Commission. The Cultural Commission reviewed the proposal and per the defined process would like to make a recommendation to City Council for acceptance and purchase. The purchase price of $240,000 includes design, construction, installation, and documentation. PRIOR ACTION: The Cultural Commission recommended purchase of the art pieces on August 13, 2025. On June 9, 2025, City Council approved 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. City Council adopted the Public Art Management Plan on July 22, 2002. FINANCIAL IMPACT: The cost for this acquisition is $240,000. The funds for this purchase are appropriated in the 2025 Public Art Fund in the amount of $240,000. BACKGROUND: The policies and procedures for this selection are based on the Public Art Management Council Action Form – Youngfield Public Art Selection August 25, 2025 Page 2 Plan adopted by the Wheat Ridge City Council. The public art selection committee included a Cultural Commission representative, two community representatives, a visual artist, an elected representative, a City staff representative, one site/design agency representative, and two business owners. The call for artists was open to Colorado-based mural artists. Four semi-finalists presented their ideas to the public art selection committee. One of the semi-finalists dropped out of the process. Due to the size of the project, the three remaining finalists decided to team up and complete the project as a team. The public art selection committee liked this approach and requested a team proposal. The initial proposal was approved by the public art selection committee, but the project team requested the artists re-submit their proposal, focusing on specific, identified areas, avoiding areas that are identified safety concerns for both the artists and future maintenance by City staff. The Cultural Commission unanimously supported the selection of “Wild Beauty” during their August 13th meeting. The final step is City Council approval. RECOMMENDATIONS: The Cultural Commission recommends approval of the purchase of “Wild Beauty” by Alexandrea Pangburn, Julia Williams, and AJ Davis for placement at the Youngfield Street Beautification project site. RECOMMENDED MOTION: “I move to approve a motion awarding the Youngfield Public Art contract to Pangburn, Williams, and Davis in the amount of $240,000 for the mural proposal entitled “Wild Beauty.”” Or, “I move to not approve of a motion awarding the Youngfield Public Art contract to Pangburn, Williams, and Davis in the amount of $240,000 for the mural proposal entitled “Wild Beauty” for the following reason(s).” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Youngfield Art Selection Presentation YOUNGFIELD CORRIDORPublic Art August 25, 2025 Kendall Peterson, ThereSquared LLC PROJECT OVERVIEW Project Purpose and Goals The Youngfield Street Beautification project will identify and implement aesthetic improvements along Youngfield Street between 30th and 40th Avenues, focusing on the area between Youngfield Street and I-70. Aesthetic improvements will offer a welcoming gateway to the City of Wheat Ridge, beautify the corridor, and create spaces that will not only reflect our community values but will also instill pride in our city. The project will construct improvements including enhanced signage, sustainable landscaping, decorative fencing, lighting, and public art. W. 40th Avenue W. 32nd Avenue Existing Conditions Introductions Cultural Commissioner Representative:Lindsey Reinart Community Representative Maki DiLaet Community Representative Mark De La Torre Visual Artist Carol Till City Staff Member Jordan Jeffries Elected Representative Amanda Weaver Site/Design Agency Rep Kim Rhodes Business Owner -Applejacks Jim Shpall Business Owner -Regency Shopping Center Will Damrath Public Art Budget Budget for Public Art: $250,000 Artist stipends = +/-$2,250 ($750/ea) Expenses / Callforentry.org / Ribbon Cutting = +/-$7,750 $240,000 approximate total budget for artist/artwork (all inclusive) SELECTION PROCESS OVERVIEW Art Selection Process: Overview •Public Art Selection Committee Orientation Meeting: July 23, 2024 •Request for Qualifications (RFQ) for CO based muralists •Semi-Finalists Selected: September 26, 2024 -AJ Davis, Alexandrea Pangburn, Julia Williams, Jesse Crock •Delay -waiting for new project manager •Artist Orientation: December 12, 2024 •Jesse Crock dropped out; other three teamed up due to size of project •Selection Committee approved Pangburn, Williams, and Davis to move forward February 4, 2025 Art Selection Process: Overview •Project cope reset: April 21, 2025 •Scope of project changed to remove slope pavement; expense & safety •City will recommend staining concrete and sealing cracks •Artists were asked to re-work proposal to maximize mural spaces at both tunnels under highway •New proposal submitted: August 1, 2025 •Unanimous approval by Cultural Council: August 13, 2025 •City Council approval required to move on to contracting Past collaborations THANK YOU! Requesting approval of the City Council to move forward to contract Questions or Comments? Kendall Peterson ThereSquared LLC 303-902-1600 Kendall@theresquareddenver.com ITEM NUMBER: 8 DATE: August 25, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 42-2025 TITLE: 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 $1,256,679 FOR THE PURPOSE OF ISSUING A CONTRACT FOR CONSTRUCTION OF THE 32ND AVENUE BIKE LANES PROJECT TO KECI CIVIL INC. ☐PUBLIC HEARING☐BIDS/MOTIONS☒RESOLUTIONS ☐ORDINANCES FOR 1st READING☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Davis Evans and Associates was awarded a contract to prepare plans and specifications for the 32nd Avenue Bike Lanes project. Plans were completed in March 2025 and the project was advertised for bids. Four (4) bids were received in response to the city’s Invitation for Bids to construct the 32nd Avenue Bike Lanes Project. The lowest responsive bidder was KECI Civil, Inc. It is recommended that the city enter a contract with KECI Civil, Inc. to complete the project. PRIOR ACTION: N/A. FINANCIAL IMPACT: Funds for this effort are available from the Renewal Wheat Ridge Bond Fund but were not appropriated. Therefore, a budget supplemental is requested to move the necessary funds into the 2025 budget. The City entered into an IGA with CDOT for the construction of this project, a maximum of $890,000 is expected to be reimbursed by CDOT. BACKGROUND: The project will extend bike infrastructure along 32nd Avenue from Wright Court westward, passing beneath I-70, and continuing through the Zinnia Street intersection. Council Action Form – 32nd Avenue Bike Lanes August 25, 2025 Page 2 Traffic signals along this route will be equipped with bike detection systems to improve cyclist visibility and flow. In certain areas—especially under the I-70 overpass—adjustments, including modifications to pavement width, curb and gutter alignment, retaining walls, and sloped paving will be needed. However, the remainder of the corridor offers sufficient pavement width to accommodate enhanced bike facilities through simple restriping. An Invitation To Bid (ITB) was posted on June 23, 2025. Formal bids for the project were opened on July 24, 2025. Four bids were received with KECI Civil, Inc. determined as the lowest responsible bidder. A summary of the bids received are shown in the following table: Bidder Bid Amount KECI Civil, Inc $1,142,435.25 Goodland Construction, Inc $1,227,419.70 JARCOO Construction, LLC $1,237,197.10 Noraa Concrete Construction $1,988,495.10 Engineer’s Estimate $1,232,000 KECI Civil, Inc. will have 65 working days to complete the project after Notice to Proceed. RECOMMENDATIONS: Staff recommends awarding a contract to KECI Civil, Inc. in the amount of $1,142,435.25 for the construction of the 32nd Avenue Bike Lanes Project, with a contingency amount of $114,243 for a total not-to-exceed amount of $1,256,678.25. RECOMMENDED MOTION: “I move to approve Resolution No. 42-2025, 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 $1,256,679 for the purpose of issuing a contract for construction of the 32nd Avenue Bike Lanes project to KECI Civil, Inc.” Or, “I move to postpone indefinitely Resolution No. 42-2025, a resolution amending the Fiscal Year 2025 Renewal Wheat Ridge Bond Fund budget to reflect the approval of a Council Action Form – 32nd Avenue Bike Lanes August 25, 2025 Page 3 supplemental budget appropriation in the amount of $1,256,679 for the purpose of issuing a contract for construction of the 32nd Avenue Bike Lanes project to KECI Civil, Inc for the following reason(s).” REPORT PREPARED/REVIEWED BY: Shantanu Tiwari, Infrastructure Project Manager Daniel Martinez, Interim CIP Program Manager Kent Kisselman, Interim Public Works Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 42-2025 2. KECI Civil, Inc Contract CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42 SERIES OF 2025 TITLE: 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 $1,256,679 FOR THE PURPOSE OF ISSUING A CONTRACT FOR CONSTRUCTION OF THE 32ND AVENUE BIKE LANES PROJECT TO KECI CIVIL, INC. WHEREAS, the City recognizes the importance of improving city streets and providing multi-modal facilities in various locations to allow for improved and safer mobility; and WHEREAS, KECI Civil, Inc. provided a bid to complete the 32nd Avenue Bike Lanes Project which will provide improved bike infrastructure along 32nd Avenue from Wright Court to Zinnia Street; and WHEREAS, funds are available in the Renewal Wheat Ridge Bond Fund but were not encumbered therefore insufficient appropriations exist in the 2025 Renewal Wheat Ridge Bond Fund to cover these expenditures; and WHEREAS, the City of Wheat Ridge Charter requires that amendments to the budget be affected by the City Council adopting a resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. A transfer of $1,256,679 is hereby approved from the Renewal Wheat Ridge Bond Fund undesignated reserves to account 40-101-800-805 and the 2025 revenues are amended accordingly. Section 2. A contract in an amount not to exceed $1,256,678.25, comprising $1,142,435.25 base and $114,243 in contingency funds, and subsequent payments is hereby approved for an agreement with KECI Civil, Inc. ATTACHMENT 1 DONE AND RESOLVED this 25th day of August 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor ITB-25-031-32nd Avenue Bike Lanes CITY OF WHEAT RIDGE 25-031- 32ND AVENUE BIKE LANES AGREEMENT THIS AGREEMENT, made this 26th day of August, 2025 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and KECI Civil, Inc., 5750 W Airport Rd Sedalia CO 80135, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary tocomplete the construction of the Project titled, ITB-25-031-32nd Avenue Bike Lanes, in accordance with theContract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with theterms therein for the Total Contract amount of one million one hundred forty-two thousand four hundredthirty-five dollars and twenty-five cents, ($1,142,435.25). 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14)calendar days after the date of the Notice to Proceed and to complete the same within 65 working days after thedate of the Notice to Proceed unless the time for completion is extended otherwise by written changes to theContract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, suchamounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorizedexpenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constituteappropriations of the amounts specified therein for the purposes specified therein. (c)No contract to exceed appropriation. During each and any fiscal year, no contract entered into by oron behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall ATTACHMENT 2 ITB-25-031-32nd Avenue Bike Lanes any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Shantanu Tiwari Edward Callejo Office Phone: 303-218-8711 303-791-3759 EXT 3 Email Address: stiwari@ci.wheatridge.co.us ecallejo@kecicivil.com Address: 7500 W. 29th Ave 5750 W Airport Rd City, State, Zip Code Wheat Ridge, CO 80033 Sedalia, CO 80135 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Vendor Performance Feedback The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All ITB-25-031-32nd Avenue Bike Lanes contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 13. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Kelsey Carter, Procurement Coordinator Date Signed ______________________________________ __________ Shantanu Tiwari, Infrastructure Project Manager Date Signed ______________________________________ __________ Kent Kisselman, Interim Director of Public Works Date Signed ITB-25-031-32nd Avenue Bike Lanes IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE Margy Greer, Senior Deputy City Clerk WHEAT RIDGE, C0 80033 303-234-5900 Date Patrick Goff, City Manager (Seal) APPROVED AS TO FORM: CONTRACTOR KECI Civil, Inc. Gerald Dahl, City Attorney 5750 W Airport Rd Sedalia, CO, 80135 ATTEST TO CONTRACTOR: Authorized Signature Full Name Signature Title Title Date Date ITB-25-031-32nd Avenue Bike Lanes PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that KECI Civil, inc. (Name of Contractor) 5750 W Airport Rd Sedalia, CO 80135 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, one million one hundred forty-two thousand four hundred thirty-five dollars and twenty-five cents, ($1,142,435.25) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-25-031-32nd Avenue Bike Lanes, in accordance with the Contract Bid Documents including: Base Bid – $1,142,435.25 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-25-031-32nd Avenue Bike Lanes IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado. ITB-25-031-32nd Avenue Bike Lanes PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that KECI Civil, inc. (Name of Contractor) 5750 W Airport Rd Sedalia, CO 80135 (Address of Contractor) A hereinafter called "PRINCIPAL", and (Name of Surety) (Address of Surety) hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, one million one hundred forty-two thousand four hundred thirty-five dollars and twenty-five cents, ($1,142,435.25) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-25-031-32nd Avenue Bike Lanes, in accordance with the Contract Bid Documents including: Base Bid – $1,142,435.25 NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications. PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. *Insert "a corporation", "a partnership", or "an individual" as applicable. ITB-25-031-32nd Avenue Bike Lanes IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the day of , 2025 ATTEST: PRINCIPAL CORPORATE SECRETARY PRINCIPAL ADDRESS BY ADDRESS (SEAL) SURETY ATTEST: SURETY ADDRESS BY (ATTORNEY IN FACT) ADDRESS (SEAL) Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond. IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.