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HomeMy WebLinkAbout06-08-26 City Council Agenda PacketAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, June 08, 2026 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: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on June 08, 2026) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 5:00 p.m. on June 08, 2026) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. 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 Study Session Notes, May 4, 2026 • City Council Meeting Minutes, May 11, 2026 • City Council Special Study Session Notes, May 11, 2026 • City Council Special Meeting Minutes, May 18, 2026 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – National LGBTQ+ Pride Month 2. Proclamation – Juneteenth 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. 27-2026 – a resolution amending the 2026 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $96,000 for the purpose of Equity Audit services b. Resolution No. 28-2026 – a resolution amending the 2026 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 for the purpose of accepting a grant from Colorado Gives Foundation PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 07-2026 – an ordinance amending the Wheat Ridge Municipal Code concerning animal welfare and regulations for the same ORDINANCES ON FIRST READING 3. Council Bill No. 11-2026 – an ordinance reappointing Jonathan Lucero as presiding Municipal Court Judge and approving a Municipal Judge services agreement 4. Council Bill No. 12-2026 – an ordinance amending Chapter 2 of the Wheat Ridge Code of Laws to transfer the duties of the Board of Adjustment to the Planning Commission 5. Council Bill No. 13-2026 – an ordinance amending Section 205 of the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, or unclaimed property DECISIONS, RESOLUTIONS, AND MOTIONS 6. A motion awarding a contract to Rocksol Consulting Group, Inc., in the amount of $427,536.19 with a contingency amount of $42,753.62 for a total approved amount of $470,289.81 for the Wadsworth Path Construction Management Services contract 7. Consideration of written findings and decision for the Lakeside Autowash Special Use Permit CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO SPECIAL STUDY SESSION Page 1 of 4 NOTES CITY OF WHEAT RIDGE, COLORADO STUDY SESSION Monday, May 4, 2026 The Study Session was held in a hybrid format, with Councilmembers, City staff, and members of the public participating either in person at the Municipal Building (7500 West 29th Avenue, Wheat Ridge, Colorado) in Council Chambers, or virtually. CALL TO ORDER Mayor Korey Stites called the City Council Study Session of May 4, 2026, to order at 6:30 p.m. ATTENDANCE Councilmembers Present: Rachel Hultin (attended remotely); Dan Larson; Kathleen Martell (remote); Scott Ohm; Mike Okada; Patrick Quinn; Jenny Snell; and Susan Wood. Absent: None Staff in Attendance: City Manager Patrick Goff; Chief of Police Chris Murtha, Senior Deputy City Clerk Onorina Maloney; and other staff as needed. PUBLIC COMMENTS ON AGENDA ITEMS No public comments were received in person, via Zoom, or through Wheat Ridge Speaks. 1. West Metro Fire and Arvada Fire Protection Districts Update Fire Chief Jeremy Metz presented on behalf of West Metro Fire Rescue. Chief Metz stated West Metro serves approximately 302,000 residents across multiple municipalities and operates 17 fire stations under an all-hazards response model with cross-trained firefighter/paramedics. Page 2 of 4 He reported calls for service increased by 21 percent between 2017 and 2023, with approximately 62 percent of responses being medical in nature. He attributed growth to population increases, aging-in-place trends, and rising demand for emergency medical services, and noted continued growth is projected. Chief Metz described the district’s automatic aid agreement with Arvada Fire Protection District, under which the closest available unit responds regardless of jurisdiction. He reviewed financial projections indicating expenditures are expected to exceed revenues beginning in 2025, citing inflation, apparatus cost increases, and legislative changes affecting property tax revenues for special districts. He noted long procurement timelines for fire apparatus. Chief Metz summarized findings of the Community Advisory Group, which concluded the district is high-performing but faces a structural funding gap. The group recommended consideration of a sales tax measure for the November 2026 ballot. He reported polling showed stronger support for a sales tax increase than a property tax increase. Additional funding options discussed included grants, public-private partnerships, impact fees, reimbursement reforms, and future capital funding strategies. He identified long-term capital needs, including a proposed station at 5th Avenue and Wadsworth Boulevard and replacement of aging facilities. Captain Mulcahey discussed workforce demands and the expanding role of firefighters in medical response. Board Vice President Wolfram noted efforts to extend equipment life through maintenance and resource management. Council discussion included Taxpayer’s Bill of Rights (TABOR) constraints, service demand growth, emergency response models, ballot timing, high-utilization call locations, and coordination among regional fire agencies, including potential impacts of multiple November 2026 ballot measures. 2. Arvada Fire Protection District Presentation Fire Chief Locke presented on behalf of Arvada Fire Protection District. Chief Locke stated the district serves approximately 150,000 residents across Arvada, portions of Wheat Ridge north of Clear Creek, and parts of Golden, and responded to more than 19,000 calls in 2025, approximately 75 percent Emergency Medical Services (EMS) related. He noted that the district merged with Fairmount Fire Protection District in 2025. He highlighted community risk reduction programs, workforce retention efforts, and specialty response capabilities, including behavioral health response, wildfire Page 3 of 4 preparedness, hazardous materials response, and whole blood administration. He noted the district is currently fully staffed but anticipates significant retirements in the coming years. Chief Locke reviewed increasing capital and operational costs, including apparatus and facility replacement needs, and stated the district anticipates future funding challenges. The board is evaluating long-term revenue options. Polling indicated stronger support for a sales tax measure than a property tax increase. Chief Locke stated no final decisions have been made and that the objective is to identify a sustainable long-term funding solution. Council discussion included comparisons of sales tax and property tax approaches, Interstate 70 response considerations, regional tax benchmarking, and impacts of state property tax legislation on special districts. 3. Staff Reports City Manager Goff had no matters to report Police Chief Murtha emphasized the importance of continued collaboration between law enforcement and fire agencies and noted that Wheat Ridge benefits from strong interagency partnerships in addressing public safety challenges. 4. Elected Officials' Reports Councilmember Okada announced a District 4 community meeting scheduled for May 23, 2026 and reported meeting with residents regarding preservation concerns associated with a potential development site on Garrison Street. Councilmember Snell announced the “How the West Was Worn” community fashion show scheduled for May 10, 2026. Councilmember Martell announced rescheduled District 1 coffee office hours for May 12, 2026 and May 19, 2026. Mayor Pro Tem Hultin reported on discussions regarding bicycle access and safety considerations along the Tabor Lake Trail and portions of the Clear Creek Trail. Councilmember Wood reported attending the American Planning Association National Conference and the Jefferson County Regional Forum on Homelessness. Councilmember Larson reported attending Wheat Ridge High School senior capstone presentations and recognized Military Appreciation Month, National Bicycle Month, and National Motorcycle Safety Awareness Month. Page 4 of 4 Councilmember Quinn had no report. Mayor Stites announced the launch of a Community Champion Award program recognizing residents for contributions to the community. Councilmember Ohm shared reflections related to student presentations addressing mental health and outdoor activity. ADJOURNMENT Mayor Stites adjourned the May 4, 2026, Study Session at 8:39 p.m. _____________________________ Rachel Hultin, Mayor Pro Tem _____________________________________ Onorina Z. Maloney, Senior Deputy City Clerk Page 1 of 12 CITY OF WHEAT RIDGE, COLORADO CITY COUNCIL REGULAR MEETING Monday, May 11, 2026 The meeting was held in a hybrid format, with Councilmembers, City staff, and members of the public participating either in person at the Municipal Building (7500 W. 29th Avenue, Wheat Ridge, Colorado) in Council Chambers, or virtually. CALL TO ORDER Mayor Stites called the regular City Council meeting to order on May 11, 2026, at 6:30 p.m. PLEDGE OF ALLEGIANCE Those present stood, if able, and recited the Pledge of Allegiance. ROLL CALL OF MEMBERS Councilmembers Present: Rachel Hultin; Dan Larson; Kathleen Martell; Scott Ohm; Mike Okada; Patrick Quinn; Jenny Snell; and Susan Wood Absent: none A quorum was established. STAFF IN ATTENDANCE City Manager Patrick Goff; Deputy City Manager Marianne Schilling; City Attorney Gerald Dah; City Clerk Janeece Hoppe; Police Chief Chris Murtha; Division Chief Eric Kellogg; Director of Community Development Lauren Mikulak; Director of Public Works Kent Kisselman; Communications and Engagement Manager Amanda Harrison; Planner Chris Masar; Senior Deputy City Clerk Onorina Maloney; and Deputy City Clerk Luz Elena Spalenka. APPROVAL OF MINUTES Council approved the Study Session Notes of April 20, 2026; and the City Council Meeting Minutes of April 27, 2026, as presented APPROVAL OF AGENDA The agenda stood as presented. PROCLAMATIONS AND CEREMONIES Page 2 of 12 National Police Week & National Peace Officers Memorial Day Mayor Stites read the proclamation designating the week of May 15–21, 2026 as National Police Week and May 15, 2026, as National Peace Officers Memorial Day. Chief Chris Murtha accepted the proclamation on behalf of the Wheat Ridge Police Department, joined by Officer Taggart and Division Chief Kellogg. Chief Murtha took the opportunity to speak about Officer Alan Fisher, who was seriously injured on duty in April 2022 and officially retired this year. Chief Murtha chose to retain Fisher's name in the proclamation to honor the ongoing sacrifice he and his family have made, noting that Fisher has no regrets about his career. The Chief expressed gratitude to the Mayor and Council for the recognition. National Public Works Week Mayor Stites read the proclamation designating the week of May 17–23, 2026 as National Public Works Week, noting the 66th annual observance and the theme "Rooted in Service, Powered by Community." The proclamation highlighted the department's management of 133 miles of streets, 850 street lights, 45 traffic signals, 36 miles of storm sewer, 190,000 square feet of public buildings, and 230 vehicles and large equipment. Director of Public Works Kent Kisselman accepted the proclamation alongside department staff members. Director Kisselman invited the community to an open house at the Public Works facility on Tuesday, May 19, from 3:00 p.m. to 7:00 p.m., which will be the department's first-ever public open house. 57th Annual Professional Municipal Clerks Week Mayor Stites read the proclamation declaring the week of May 3–9, 2026 as Professional Municipal Clerks Week, recognizing City Clerk Janeece Hoppe, Senior Deputy Clerk Onorina Maloney, and Deputy City Clerk Lucy Spalenka. City Clerk Janeece Hoppe offered remarks on behalf of the clerks' team, describing the breadth of their responsibilities and serving as a link between the community and government. She thanked Maloney and Spalenka for their dedication and professionalism. Mental Health Awareness Month – May 2026 Mayor Stites read a proclamation for Mental Health Awareness Month, recognizing Jefferson Center for Mental Health as a community partner. Julie DiTullio, Senior Coordinator of Donor Engagement at Jefferson Center, accepted the proclamation and noted that the Center serves nearly 25,000 people annually through partnerships with more than 150 community organizations, including the City of Wheat Ridge. She highlighted available services including therapy, counseling, substance use and crisis services, and community trainings such as Mental Health First Aid and QPR suicide Page 3 of 12 prevention. She emphasized the importance of reducing stigma and ensuring equitable access to care. PUBLIC’S RIGHT TO SPEAK In person Three students from Wheat Ridge High School addressed the Council regarding the "Wheat Ridge Board Factory" program: Addison Gothard: Described the program's partnership with GoneBoarding, allowing students to design and build personalized boards. Highlighted its uniqueness in Colorado with only 50 schools nationwide offering it. Emphasized project-based learning benefits and potential to boost school enrollment. Gabriel Wortman: As an ambassador for the program, noted benefits like accessing outdoor recreation and community through board design. Stressed mental health, physical health, and the program's role in connecting students across demographics. Ryker Urbont: Emphasized Colorado's culture around skiing and snowboarding and noted the program's potential to promote access and equality for students not typically able to partake in those activities. Highlighted opportunities for skills development in trades and carpentry. Mayor Pro Tem Hultin commended the student speakers, noting they presented with the polish of professional speakers. Public Comment for Special Study Session Candice Tomlinson, a Wheat Ridge resident, addressed Council regarding the proposed cats-at-large code amendment to be discussed in the Special Study Session. She expressed concern that the change would place an unfair burden on responsible cat owners, noting the practical difficulty of preventing cats from roaming. She also offered her perspective as a birder, arguing that outdoor cats are only one part of a complex problem affecting bird populations and that other factors—such as window strikes, light pollution, and rodenticides—contribute more substantially to bird mortality. Via Zoom: No participants Wheat Ridge Speaks: Item Public's Right to Speak Page 4 of 12 Posted by Gretchen Josten on May 10, 2026, at 6:06 p.m. I want to publicly thank the city staff and city council for affording time to study and review the Special Use Permit for Autowash at Lakeside next week. I’m writing on behalf of all of the Gray Street neighbors. We thank you for making time to hear this issue in detail. We are grateful to the city staff for compiling all documentation from the last several years from planning through the first year of operation. We hold that there can be an amicable resolution to the stress and loss of peace that our neighborhood has experienced. We thank you for holding space for this on May 18. With gratitude and hope, Gray Street neighbors Item Public's Right to Speak Posted by Michael Moody on May 8, 2026, at 11:36 a.m. Following up on the presentation and submitted petition for a crossing guard and/or rumble strips in front of Stevens Elementary. Safety on 38th is a sensitive issue for us. When it comes to the kiddos (especially our son attending Stevens), it undoubtedly elevates the emotional side. Many discussions have taken place over the past year, but the necessary change has not been implemented in front of the school (although we recognize the changes to the signage, the light, etc., which have led to some statistical change). When a community doesn't employ a crossing guard and/or rumble strips as a solution, it's hard not to question the intention (especially since they are aware of the challenge). We even offered to raise the funds for the rumble strips but haven't heard a response. To make it worse, 14 separate businesses near the intersection have confirmed a chronic safety problem on 38th. We, like many residents, noticed how dangerous the street can be walking the kids to Stevens on day one. It was painful to hear that my son's friend was almost hit and killed when it could have been prevented with the steps taken by other schools and towns, including RMPB, Lumberg, Centennial, Brown, etc, etc. Very frustrating and disappointing. While thankful for the steps already taken, the appropriate steps have yet to be taken. We hope to work together to build a safer Wheat Ridge. Item No. 1 - ORD - Rezone of 3338 Depew Posted by Lauren on May 7, 2026, at 7:10p.m. Comment We support the proposed rezoning at 3338 Depew and appreciate continued thoughtful investment in this part of Wheat Ridge. We believe well-designed residential redevelopment can positively contribute to the neighborhood and surrounding property upkeep. 1. CONSENT AGENDA None Page 5 of 12 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item Number 1 Council Bill No. 09-2026 Title: An ordinance approving the rezoning for property located at 3338 Depew Street from Residential-Three (R-3) to Residential-One C (R-1C) Issue: The owner of the property at 3338 Depew Street is requesting approval of a zone change from Residential-Three (R-3) to Residential-One C (R-1C). The zone change will result in zoning that encourages investment in the site and will enable the existing land use to become more conforming with the zoning. Councilmember Martell read the title and issue into the record Mayor Stites opened the Public Hearing Planner Chris Masar presented Case No. WZ26-1 on behalf of the Community Development Department. The request is to rezone two lots totaling approximately 5,890 square feet on the east side of Depew Street from R-3 to R-1C to allow redevelopment with a new single-unit dwelling. Staff explained that the existing R-3 zoning resulted from a 1996 rezoning action and stated that the proposed R-1C zoning is consistent with surrounding properties and applicable dimensional standards. Staff reported no objections from reviewing agencies and noted receipt of one online public comment in support. The Planning Commission recommended approval on March 19, 2026. Betsy Lawton, representing the project architect on behalf of the property owner, was available for questions. Council asked regarding the distinction between R-1 and R-1C zoning, and staff explained that the surrounding properties are all zoned R-1C, making that designation the most consistent choice. Discussion also addressed whether the internal lot line between the two parcels would require formal dissolution; staff confirmed that a consolidation covenant or similar instrument would address the lot line, though such action is not strictly required. Mayor Stites closed the Public Hearing Motion: Councilmember Martell moved to approve Council Bill No. 09-2026, an ordinance approving the rezoning of property located at 3338 Depew Street from Residential-Three (R- 3) to Residential-One C (R1-C) on second reading, order it published, and that it takes effect 15 days after final publication Seconded: Councilmember Snell Vote: 8 ayes; 0 nays Motion carried Page 6 of 12 Item Number 2 Council Bill No. 10-2026 Title: An ordinance amending the Wheat Ridge Code of Laws concerning vehicular public nuisance Issue The Ordinance revises the definition of “vehicular public nuisance” to facilitate tow and impound of vehicles identified as having been used to elude or otherwise having been used in the commission of a crime. Councilmember Larson read the title and issue into the record Mayor Stites opened the Public Hearing City Attorney Dahl introduced the item, describing a gap in the existing law: while prior amendments addressed eluding, officers currently lack the authority to act against a vehicle—as distinct from an identified driver—when the operator has fled and cannot be identified. The ordinance amends the definition of vehicular public nuisance to include eluding and other criminal behaviors beyond racing and exhibitions of speed, allowing the vehicle itself to be seized based on probable cause. Division Chief Kellogg provided an example of recent incidents involving motorcyclists evading law enforcement and stated that the proposed ordinance would allow the department to identify vehicles through license plate information and pursue vehicle seizure when operators cannot be identified. Staff noted that approximately 200 similar incidents have been documented over the past two years, with no fatalities reported. Chief Murtha explained that the ordinance would function as a civil action against the vehicle, holding the registered owner responsible for the conduct of the vehicle operator. The owner would have the right to challenge probable cause through a hearing process, and vehicles determined to be subject to the ordinance could be impounded for up to one year. Council discussed enforcement protocols for vehicles without license plates, including possible applicability to high-powered e-bikes that have been modified beyond legal speed limits. Discussion also addressed whether enforcement would occur solely through the Wheat Ridge Police Department or be coordinated regionally through the Colorado Crime Information Center (CCIC), as well as how the ordinance would apply when a vehicle is located away from the registered owner’s address. It was noted that legally defined e-bikes are limited to 28 mph and that vehicles affected by the ordinance are likely altered beyond those specifications. The ordinance was described as a clear, targeted response to recurring constituent concerns, particularly along Ward Road. Page 7 of 12 Motion: Councilmember Larson moved to approve Council Bill No. 10-2026, an ordinance amending the Wheat Ridge Code of Laws concerning vehicular public nuisance and that it take effect upon adoption at second reading as provided by Section 5.11 of the Charter. Seconded: Councilmember Quinn Vote: 8 ayes; 0 nays Motion carried ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS, AND MOTIONS Item Number: 3 Resolution No. 23-2026 Title: A resolution in opposition to House Bill 26-1114 prohibiting cities from requiring minimum lot sizes ISSUE: House Bill 26-1114 would limit municipal authority over local land use by prohibiting cities from requiring minimum lot sizes greater than 2,000 square feet for certain residential development. The City Council is being asked to consider adopting a formal position opposing the bill, based on concerns that it would preempt local zoning authority, conflict with Wheat Ridge’s adopted plans and community-driven policies, and impose a one-size-fits-all approach to land use regulation across diverse communities. Councilmember Wood read the title and issue into the record Mayor Pro Tem Hultin and the Legislative Affairs Committee provided context for the four resolutions under consideration. The committee—Mayor Pro Tem Hultin, Councilmember Larson, and Councilmember Okada, with staff support from Ms. Harrison—focused on bills with the most direct impact on Wheat Ridge and required unanimous agreement before taking an advocacy position. Committee members noted the volume and pace of legislation this session and described their participation in two Senate hearings. City Manager Goff reported that HB 26-1114 did not advance, noting the council’s opposition. Councilmember Quinn expressed support for the resolution, emphasizing the importance of preserving local zoning authority and the city’s home-rule charter. Motion: Councilmember Wood moved to approve Resolution No. 23-2026, a resolution in Page 8 of 12 opposition to House Bill 26-1114 prohibiting cities from requiring minimum lot sizes. Second: Mayor Pro Tem Hultin Vote: 8 ayes; 0 nays Motion Carried Item Number: 4 Resolution No. 24-2026 Title: A resolution in opposition to Senate Bill 26-117 proposing restrictions on how Colorado Lottery tickets may be sold. ISSUE: The Legislative Committee is requesting City Council consideration of an advocacy position regarding Senate Bill 26-117, Permissible Methods of Selling Lottery Tickets. The bill proposes new restrictions on how Colorado Lottery tickets may be sold, including limitations on modernization efforts such as online sales and updated payment methods. The Committee recommends that City Council adopt a position opposing SB26-117 to help protect essential funding for parks and outdoor infrastructure. Councilmember Ohm read the title and issue into the record City Manager Goff noted that SB 26-117 did pass Motion: Councilmember Ohm moved to approve Resolution No. 24-2026, a resolution in opposition to Senate Bill 26-117 proposing restrictions on how Colorado Lottery tickets may be sold. Second: Councilmember Okada Vote: 8 ayes; 0 nays Motion carried Item Number: 5 Resolution No. 25-2026 Title: A resolution in support of House Bill 26-1318 concerning traffic safety near schools ISSUE: The Legislative Committee is requesting City Council consideration of an advocacy position on HB26-1318, a bill currently before the Colorado General Assembly that concerns traffic safety near schools. The proposed position aligns with the City’s adopted legislative priorities, including public safety, local control, transportation safety, and protection of local funding sources. HB26-1318 would expand local authority to implement school-zone safety measures, and the Committee recommends that City Council formally support the legislation. Mayor Pro Tem Hultin read the title and issue into the record Page 9 of 12 Council asked whether the bill could address speeding concerns raised by constituents on 38th Avenue near a local school. Mayor Pro Tem Hultin explained that the bill primarily addresses speed limit enforcement authority and zone expansion rather than physical street design but noted it could allow for enhanced treatments near Stevens Elementary School and would remove barriers to police speed enforcement near schools. Motion: Mayor Pro Tem Hultin moved to approve Resolution No. 25-2026, a resolution in support of House Bill 26-1318 concerning traffic safety near schools. Second: Councilmember Quinn Vote: 8 ayes; 0 nays Motion carried Item 6 Resolution No. 26-2026 Title: A resolution in support of House Bill 26-1071 to implement Local Government Vehicle Identification Systems on interstate highways ISSUE: The Legislative Committee is requesting City Council consideration of an advocacy position on HB26-1071, legislation before the Colorado General Assembly that would authorize municipalities to deploy automated vehicle identification systems on interstate highways within their jurisdiction. This request aligns with the City’s adopted legislative priorities related to public safety, local control, transportation safety, and preservation of local funding sources. Adoption of an advocacy position would allow the City to formally communicate support for legislation that may enhance roadway safety and provide additional enforcement tools for high-risk interstate corridors Councilmember Okada read the title and issue into the record. Councilmember Larson reported that the bill originated from discussions with Chief Murtha about the high number of serious high-speed crashes on the 8–9 mile stretch of I-70 within Wheat Ridge and the fact that the Wheat Ridge Police Department is not reimbursed by the Colorado Department of Transportation (CDOT) for the substantial time spent managing interstate crash scenes. The bill was intended to deter speeding and help offset those costs. Councilmember Larson noted that the bill was defeated in a Senate hearing the same day he testified in support, largely due to concerns that speed-camera provisions were linked in the debate to broader issues of public surveillance. Chief Murtha noted that municipalities currently respond to interstate crashes without a formal Memorandum of Understanding (MOU) with the state. He is working to convene a coalition of agencies that police state highways to formalize this relationship and pursue additional resources. Page 10 of 12 City Manager Goff stated that the Colorado Municipal League (CML) will be involved in next steps after the legislative session. Councilmember Okada clarified for the record that speed cameras are permitted on Colorado interstates by the state itself; the bill's restriction was specifically on local government deployment. Motion: Councilmember Okada moved to approve Resolution No. 26-2026, a resolution in support of House Bill 26-1071 to implement Local Government Vehicle Identification Systems on interstate highways. Second: Councilmember Ohm Vote: 8 ayes; 0 nays Motion carried Item Number: 7 Motion: Motion to cancel the November 2, 2026, City Council Study Session ISSUE: The City Council Study Session of November 2, 2026, currently coincides with the week of the upcoming November 2026 Election. The City of Wheat Ridge will sign an IGA to run a concurrent election with Jefferson County. The Wheat Ridge City Council Chamber is an advertised Jefferson County polling place. As such, the City Council Chamber will require election equipment, election judges, and the utmost security to ensure a valid election, free from protest. It is for these reasons that staff and the City Clerk’s office request to cancel the November 2, 2026, City Council Study Session. Councilmember Snell read the title and issue into the record Motion: Councilmember Snell moved to cancel the November 2, 2026, City Council Study Session. Second: Councilmember Martell Vote: 8 ayes; 0 nays Motion carried CITY MANAGER'S MATTERS City Manager Patrick Goff provided several updates. Lutheran Legacy Campus: E5X is actively marketing the redevelopment project to stakeholder groups, including the Colorado Real Estate Expo, Colorado bond buyers, and the Urban Land Institute. A short conceptual video was shown, highlighting preservation of the chapel and Blue House and dedicating 20% of the site to open space and public gathering areas. Demolition work is underway. Page 11 of 12 Homeless Navigation Program Grant: The City received a $50,000 grant from the Colorado Gives Foundation to support outreach goods and services for the homeless navigation program. Community Polling: Per Council direction from the April 11, 2026 workshop, the polling instrument was distributed to Council. The consultant, Magellan, will begin polling this week, with results expected for the June 1, 2026 Study Session. CITY ATTORNEY'S MATTERS City Attorney Dahl informed the Council that he would be unable to attend the special meeting scheduled for the following Monday regarding the auto wash special use permit hearing. He arranged for his law partner, Thad Renaud, to attend in his place. Mr. Dahl confirmed that Mr. Renaud is a municipal city attorney for other communities, has reviewed all case materials, and will meet with staff prior to the hearing to ensure full preparation ELECTED OFFICIALS' MATTERS Councilmember Okada: Announced that he and Councilmember Larson will hold a District 4 meeting on May 23, 2026 at the Wheat Ridge Historical Society's historic park. Councilmember Larson: Shared that May 20, 2026, is Armed Forces Day, and both he and Councilmember Okada will attend the Red Rocks Community College commencement ceremony. He noted May as Older Americans Month with the theme "Champion Your Health.” Councilmember Wood: Will attend Red Rocks Community College commencement; appreciated the parks tour and Family Tree celebration event, highlighting the meaningful community impact. Councilmember Quinn: Echoed appreciation for the parks tour and Family Tree event; announced upcoming District 3 events on July 8, 2026, and July 25, 2026. Councilmember Martell: Attended the Family Tree event and parks tour, noting continuous learning from city staff; participated in a vintage fashion show benefiting the community. Councilmember Snell: Recognized Teacher Appreciation Week; applauded the Wheat Ridge High School students and their board-building program; reminded District 1 constituents of office hours on May 12, 2026 at Anne's Pie Café. Councilmember Ohm: Attended Leadership Jefferson County and Civic Spark events; highlighted concerns over a problematic tall wall on Wadsworth; commended city Page 12 of 12 improvements like the well-lit Kipling Tunnel and new sidewalk work; thanked city services for property and branch cleanup efforts. Mayor Pro Tem Hultin: Highlighted a fleet-management update from the city manager’s quarterly report: through cross-departmental auditing, the City shifted from purchasing three heavy-duty pickups to acquiring fuel-efficient midsize trucks and three electric vehicles, aligning with fiscal and environmental priorities. Mayor Pro Tem Hultin also reported on a peer exchange trip with the Denver Regional Council of Governments (DRCOG) to the Puget Sound Regional Council in Seattle, which included meetings on transit-oriented development, regional housing planning, and transportation initiatives. She concluded by expressing appreciation for the strong civic culture and conduct of the Wheat Ridge City Council compared with challenges described by peers in other communities. Mayor Stites: Reported on the Education Coalition meeting, upcoming kindergarten T-shirt events at Everett, field day visits to Prospect Valley and Stover elementary schools, and the Civic Spark event. He noted the importance of connecting homelessness and housing discussions to early childhood development and childcare access. He recapped a Coffee with the Mayor event at the new Starbucks at Wadsworth and 38th, and shared a letter received from a young community member named Liliana, who asked the city to consider parks and the history of the Lutheran Legacy Campus. He reminded the public that the first Concert on the Green of the season is Friday evening, featuring a 14-year-old DJ. ADJOURNMENT There being no further business to come before Council, Mayor Stites adjourned the May 11, 2026, Regular Council Meeting at 8:20 p.m. Council will reconvene at 8:30 p.m. for the Special Study Session. _________________________________________________ Rachel Hultin, Mayor Pro Tem __________________________________________________ Onorina Z. Maloney, Senior Deputy City Clerk Page 1 of 4 NOTES CITY OF WHEAT RIDGE, COLORADO SPECIAL STUDY SESSION Monday, May 11, 2026 The Special Study Session was held in a hybrid format, with Councilmembers, City staff, and members of the public participating either in person at the Municipal Building (7500 West 29th Avenue, Wheat Ridge, Colorado) in Council Chambers, or virtually. CALL TO ORDER Mayor Korey Stites called the City Council Special Study Session of May 11, 2026, to order at 8:30 p.m. ATTENDANCE Councilmembers Present: Rachel Hultin; Dan Larson; Kathleen Martell; Scott Ohm; Mike Okada; Patrick Quinn; Jenny Snell; and Susan Wood. Absent: None Staff in Attendance: City Manager Patrick Goff; Deputy City Manager Marianne Schilling; City Attorney Gerald Dahl; Chief of Police Chris Murtha; Community Services Supervisor Marie Trujillo; Community Services Supervisor Phil Schroeder; Senior Deputy City Clerk Onorina Maloney; and other staff as needed. PUBLIC COMMENTS ON AGENDA ITEMS Candice Tomlinson, a Wheat Ridge resident, commented on the proposed cats-at-large amendment. Her comments are reflected in the Regular Meeting minutes. No public comments were received via Zoom or through Wheat Ridge Speaks. 1. Animal Code Update Deputy City Manager Schilling presented an overview of three remaining topics from the ongoing Chapter 4 (Animals) code update project, which has been under review since Page 2 of 4 the prior year and went through first and second readings in March and April, respectively. The public hearing was continued to address these three specific items. Venomous Animals Staff identified that the previously proposed Section 4-14(d) had become overly complex and risked unintended consequences for lawful businesses—specifically The Reptile Room, a local business. Staff noted that several of the proposed prohibitions were already covered under state law (e.g., venomous snakes), creating unnecessary duplication. Additionally, staff agreed with feedback that the term "insects" should be updated to "invertebrates" to better reflect the scope intended. The recommendation was to simplify the proposed language and defer more heavily to existing state regulations rather than restating them at the local level. Council unanimously supported staff's recommendation. Pot Bellied Pigs and Swine Under the existing code, pot-bellied pigs are not permitted without an annual exemption from the Chief of Police. Requirements for exemption include a maximum weight of 150 pounds, a maximum height of 2 feet, and veterinary certification. Council previously reached consensus to ban swine broadly while retaining the pot-bellied pig exemption process; this was approved by Planning Commission in February 2026. The current discussion addressed two sub-issues: (1) whether the Latin species designation ("Sus scrofa vittatus," referencing wild boar) should be corrected or removed, and (2) whether to allow other small pigs not strictly classified as pot-bellied pigs. City Attorney Dahl noted that the weight and height limits function primarily as an educational tool for applicants at the time of exemption application, rather than as an ongoing enforcement mechanism. Chief Murtha and Community Services Officer Supervisor Trujillo reinforced the practical difficulties of monitoring an animal's weight and size over its lifetime and the complexity of distinguishing species in the field. Staff recommended simply removing the Latin language and relying on veterinary certification, as this is more practical for enforcement and makes the code cleaner. Council asked whether a broader term like "domestic pigs kept as companion animals" might be used instead of "pot-bellied pigs," and whether the size and weight limits remained useful without the Latin classification. After discussion, staff and the City Attorney advised that clear, defined terms are preferable for enforcement purposes, and that the veterinary certification process adequately handles species verification. Council expressed satisfaction with the direction and supported removing the Latin language while retaining the other requirements unchanged. Page 3 of 4 Council noted the 150-pound threshold is not arbitrary—it roughly corresponds to the size of a very large dog and the practical threshold beyond which an animal becomes difficult to keep inside a home or transport conventionally. Council also noted the animal welfare challenges of rehoming pigs that outgrow their living situation, as options for surrender are limited compared to dogs and cats. Council reached consensus to remove the Latin language and otherwise keep the existing recommendation. Cats At Large Under existing code, Section 4-8 (Animals at Large) applies only to dogs. The prior council reached consensus to update the language to say "animals" while creating an explicit exemption for domestic house cats. Staff's current recommendation was to retain that exemption, based on input from Community Service Officers who expressed significant practical concerns about enforcement and noted that cats at large do not represent a widespread complaint in the city. Community Services Supervisor Trujillo reported she has received only one cat-related at-large complaint in 13 years of service. Chief Murtha explained the operational distinction: while cats are generally considered less dangerous to humans than dogs, attempting to physically contain a cat presents logistical challenges distinct from dogs. He also noted that if enforcement of cats at large became widespread, it could require additional staffing consideration. City Attorney Dahl clarified that the inability to physically capture an animal does not preclude issuing a citation—tickets for animals at large can be written based on identification of the owner, regardless of whether the animal is apprehended. The discussion among Council members reflected a split in perspectives. Mayor Pro Tem Hultin, Councilmember Wood, Councilmember Okada, Councilmember Snell, and Councilmember Martell expressed support for removing the exemption and including cats in the animals-at-large enforcement framework. Their shared reasoning included: the well-documented impact of outdoor domestic cats on bird populations (estimated 1–4 billion birds killed annually in North America), the safety risks to cats themselves (outdoor cats have roughly half the lifespan of indoor cats), nuisance impacts on neighboring properties, and a desire for consistent and equitable application of the code. Councilmember Wood and Councilmember Okada each emphasized that this position is pro-animal rather than anti-cat, noting that cats can live full, happy lives indoors and that the harm caused is often invisible to owners. Councilmember Quinn and Councilmember Ohm expressed skepticism about the practical enforceability of the provision and the real-world role that outdoor cats play in managing rodent populations, particularly near areas with chickens, bird feeders, and grain. Councilmember Quinn cited personal experience with his own cats and neighbors' community cats, concluding he could not support removing the exemption. Page 4 of 4 A majority of Council members expressed support for removing the exemption for domestic house cats and including cats within the animals-at-large provisions. Staff confirmed the ordinance would return for public hearing and final Council consideration on June 8, 2026. CITY MANAGER’S MATTERS None CITY ATTORNEY’S MATTERS None ELECTED OFFICIALS’ MATTERS None ADJOURNMENT Mayor Stites adjourned the May 11, 2026, Special Study Session at 9:24 p.m. _____________________________ Rachel Hultin, Mayor Pro Tem _____________________________________ Onorina Z. Maloney, Senior Deputy City Clerk Page 1 of 51 MINUTES CITY OF WHEAT RIDGE, COLORADO CITY COUNCIL SPECIAL MEETING Monday, May 18, 2026 The meeting was held in a hybrid format, with Councilmembers, City staff, and members of the public participating either in person at the Municipal Building (7500 W. 29th Avenue, Wheat Ridge, Colorado) in Council Chambers, or virtually. CALL TO ORDER Mayor Stites called the special City Council meeting to order on May 18, 2026, at 6:30 p.m. PLEDGE OF ALLEGIANCE Those present stood, if able, and recited the Pledge of Allegiance. ROLL CALL OF MEMBERS Councilmembers Present: Rachel Hultin; Dan Larson; Kathleen Martell; Scott Ohm; Mike Okada; Patrick Quinn; Jenny Snell; and Susan Wood. Absent: None A quorum was established. STAFF IN ATTENDANCE City Manager Patrick Goff; City Attorney Thad Renaud; Director of Community Development Lauren Mikulak; Planning Manager Jana Easley; and Senior Deputy City Clerk Onorina Maloney. APPROVAL OF MINUTES None APPROVAL OF AGENDA The agenda stood as presented. PROCLAMATIONS AND CEREMONIES Page 2 of 51 None PUBLIC’S RIGHT TO SPEAK In person Montana Stevenson, Wheat Ridge resident, commented on noise from the Silver Bullet Shooting Range on 38th Avenue, stating it is audible from her property and nearby areas. She expressed concern about compatibility with future development and asked Council to pursue a solution that supports residents and businesses. Nikki Larsen, Wheat Ridge resident, commented on the City-funded noise-mitigation project at the Silver Bullet Shooting Range. She stated the study area did not include homes south of the range and that the 4–6 decibel reduction was limited in effectiveness. She noted a petition with 70 signatures was not provided to Council. She asked Council to acknowledge the project’s limitations, improve oversight of noise-mitigation efforts, and engage with the property owner on the site’s long-term future. Via Zoom: No participants signed up for Public’s Right to Speak Recusal of Mayor Pro Tem Hultin Prior to the opening of the public hearing, Mayor Pro Tem Rachel Hultin addressed the Council on a point of order. She stated that outside counsel for Autowash had submitted a records request for correspondence of several staff members and elected officials, including herself, and had subsequently requested her recusal, citing communications she had with Gray Street neighbors over the preceding 18 months. Mayor Pro Tem Hultin stated she had done nothing wrong, as her communications were not subject to quasi-judicial restrictions and were conducted in good faith as constituent engagement. However, she stated that to avoid casting doubt on the proceedings, she was voluntarily recusing herself. City Attorney Renaud cited Charter Section 5.9, which provides that a Council member may be excused from voting by unanimous consent of the remaining members present. Mayor Stites requested unanimous consent to excuse Mayor Pro Tem Hultin from the hearing. Unanimous consent was granted. Mayor Pro Tem Hultin departed the dais for the remainder of the hearing. 1. CONSENT AGENDA None Page 3 of 51 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item Number 1 MOTION Title: Review of a previously issued special use permit (SUP-23-01) and associated conditions related to Lakeside Autowash. Issue: The purpose of this public hearing is for City Council to review the Special Use Permit (SUP) for Lakeside Autowash, located at 5900 W. 44th Avenue. Pursuant to Section 26- 114.F of the Wheat Ridge Code of Laws, City Council shall determine whether modification, additional conditions, or revocation is warranted based on operational impacts. Councilmember Ohm read the title and issue into the record. Mayor Stites opened the Public Hearing at 6:42 p.m. Mayor Stites read a procedural statement outlining the order of testimony, timing rules, quasi-judicial standards, and conduct expectations. Staff were allotted approximately 30 minutes; Autowash was allotted approximately 45 minutes. Public testimony was limited to four minutes per speaker, with no donation of time permitted. For the record, Mayor Stites noted that all testimony given constitutes an affirmation the speaker will tell the truth as they understand it. Attorney Renaud addressed a letter submitted by Autowash’s outside counsel, John Peckler, requesting the recusal of Councilmember Ohm based on alleged bias. The City Attorney stated that the recitations supporting the allegation were relatively few and proceeded to question Councilmember Ohm on the record. Councilmember Ohm confirmed that he had reviewed the letter, held no ill will toward Autowash or any of its employees or representatives, did not regard Autowash as having been a bad actor, understood that Autowash had an absolute right to an impartial decision-maker, and believed he could serve as a fair, impartial, and unbiased decision-maker in the proceeding. No recusal was granted. Attorney Renaud addressed the matter of ex parte communications, noting that the issue had evolved from citizen complaints and an administrative investigation over a 12–18-month period before becoming a formal quasi-judicial proceeding. He acknowledged that communications had occurred during that period through multiple channels, including public meetings, letters, and electronic correspondence. He asked all Council members present to raise their hands if they understood from prior legal training that, in a quasi-judicial proceeding, they were to consider only the evidence presented at that night’s hearing or included in the written record, and to disregard all prior communications. All members raised their hands. He then asked members to raise Page 4 of 51 their hands if they believed they could do so in making their decision. All members again raised their hands. Staff Presentation Director Mikulak presented the staff report and entered into the record the case file, the municipal code, the comprehensive plan, and the digital presentation. She confirmed that all appropriate notification and posting requirements had been met and that City Council had jurisdiction to hear the case. Overview of Special Use Permits Director Mikulak explained that a special use permit is a discretionary land use that may or may not be permitted depending on operations, characteristics, and location, governed by Section 26-114 of the Wheat Ridge Code of Laws. Special uses may include conditions of approval to mitigate potential impacts and require that the use be properly designed, developed, operated, and maintained. The code provides nine criteria for review focused on appropriate design, operation, and compatibility. Site and Case History The property at 5900 West 44th Avenue and Harlan Street had operated as a car wash since 1997, initially as a self-serve facility with one automatic bay added in 2015. Autowash held a pre-application meeting in 2022 and submitted a formal application in February 2023 to demolish the existing facility and construct four enclosed automatic bays with relocated vacuum stations. The application included a site plan, narrative, and responses to the Special Use Permit criteria, stating that the proposal would not have a detrimental effect on the surrounding area. Director Mikulak reported that the application and review process did not focus heavily on operational noise, as the enclosed bays and relocated vacuums were expected to reduce impacts compared to the prior configuration. Based on the submitted materials, she administratively approved the Special Use Permit in January 2024. The conditions of approval required consistency with the application materials, the issuance of a building permit, and non-transferability of the permit; no specific operational noise conditions were included. Post-Opening Compliance History Autowash opened in February 2025. Neighbor concerns emerged within weeks, focusing on dryer noise, bay doors being left open, 24-hour operations, and general neighborhood impacts. Code enforcement, police, and planning staff became involved. Staff initially sought to open a dialogue and identify voluntary measures to address the concerns. Page 5 of 51 Over the following year, Autowash voluntarily adjusted its hours and modified its vacuum equipment, but impacts continued. Director Mikulak issued a Notice of Special Use Violation in June 2025. In response, Autowash proposed a voluntary 90-day closure, during which it engaged a sound consultant, closed one of the four bays, adopted modified hours of 7 a.m. to 10 p.m., and constructed a six-foot fence with a faux-stone treatment. A follow-up sound study was completed, and Autowash reopened three bays in November 2025. Director Mikulak stated that operational variability and continued neighborhood impacts persisted, leading to the current proceeding. She noted that professional mediation had been offered to both Autowash and neighborhood representatives but was not accepted by either party. Staff Finding and Recommendation Director Mikulak stated that, based on staff observations, noise readings, neighborhood statements, and the history of compliance efforts, she had determined that the car wash operations have resulted in adverse impacts and have materially altered in scope, application, and design from the original SUP application. She noted that the code does not authorize her as director to modify the SUP conditions; that authority rests with City Council. Mikulak presented three options for Council consideration: (1) modify the SUP with additional conditions, (2) leave the SUP as is, or (3) revoke the SUP. She recommended Option 1—modification of the SUP with six proposed conditions: • (a) Bay doors shall remain fully closed on the north and south sides during all wash and dry cycles. • (b) Hours of operation limited to 7 a.m. to 8 p.m. • (c) On-site signage requesting customers limit noise. • (d) Trash receptacles sized and maintained appropriately at vacuum stations. • (e) Compliance with all applicable noise standards. • (f) Sound measurements to be conducted and submitted upon request by the city if Autowash makes operational changes, such as equipment changes or returning the fourth bay to service. Director Mikulak stated that 83 comments were received through Wheat Ridge Speaks, and one letter was received outside that platform; all were incorporated into the public record and provided to both Council and Autowash. Autowash Presentation Dennis Dreeszen, Co-Founder, Autowash, stated that the company was founded approximately 14 years prior and had grown to 26 locations in the Denver area. He Page 6 of 51 described the previous car wash on the site as having deteriorated and stated that Autowash’s intent in redeveloping the property was to improve the corner. He noted that the prior facility included an automatic bay with open doors and that Autowash relocated the vacuum stations farther from adjacent residential properties as an intentional improvement. He stated that the company completed the full city review process, received no noise-related comments during the two years of permitting, and constructed the facility as proposed and approved. He also stated that ambient traffic noise from 44th Avenue often exceeded noise from the car wash and expressed concern about what types of businesses could viably operate in the corridor if existing traffic noise was comparable to or greater than operational noise from the facility. Troy Kirschman, Architect, Hubber Architecture, stated that he had worked on hundreds of car washes over approximately 25 years in Colorado and more than 40 other states. He confirmed that his firm submitted the application, held a neighborhood meeting as required, and received no feedback related to noise during the process. He explained that architectural elevation drawings customarily depict overhead doors in the down position to show design elements such as finishes, materials, and colors, and that such depictions are not representations of operational commitments but standard industry and architectural practice. He stated that he found no provision in the Wheat Ridge code prohibiting overhead doors from remaining open during car wash operations. He further stated that he found no documented discussion of noise— whether in review comments, emails, or meeting notes—throughout the design and permitting process. He noted that when noise or operational issues are raised during design, they are documented in writing and addressed, and that no such issues were raised in this case. He added that car wash equipment varies significantly by operator and location, and that noise levels at one facility are not directly comparable to those at another. He stated that, as a matter of professional reputation, his firm would not knowingly submit deceptive drawings and that depicting the doors in the down position was not intended as a misrepresentation of how the facility would operate. Evan Singleton, Attorney, Spencer Fane, LLP (Outside Land Use Counsel for Autowash) addressed the legal posture of the proceeding. He stated that while the initial approval of a special use is discretionary, once a permit is issued it is governed by its written conditions and stipulations—not by ongoing discretionary review. He argued that City Council's authority under Section 26-114(f) is limited to evaluating compliance with the approved written conditions, and that the SUP approval—containing five conditions—is the relevant standard. He stated that Autowash built exactly what was approved and that there is no written condition in the permit specifically addressing door operation or a site-specific noise standard, which the city had the opportunity to impose during the original review. Page 7 of 51 He described the difficulty of operating under a shifting noise standard. When Autowash was initially cited, the City of Wheat Ridge noise ordinance was applied— setting limits of 65 dBA during daytime hours. In early discussions with the planning department, staff indicated the standard was "inherently subjective" due to the special use context. When Autowash retained a sound engineer to model mitigation, the state statute standard was used in consultation with city staff. Follow-up measurements following installation of the sound fence showed levels in the 47–53 dBA range, which Autowash understood to be compliant. City code enforcement staff indicated in December 2025 that they had no concerns with the results. However, when the city's subsequent sound study was received, the commercial standard had shifted from the city ordinance's 65 dBA daytime to the state statute's 60 dBA daytime, which Singleton characterized as another movement of the goalposts. He stated that the next essential step—before permit action—was for the city to clearly define the applicable standard, which would benefit all parties and provide a path to a workable resolution. He stated that the city's final sound study was only provided to Autowash after an open records request, which he found troubling. Dennis Dreeszen described the financial impact of the voluntary closure—approximately $40,000 per month for four months—and the cost of the sound fence, approximately $70,000, built to the density specifications recommended by the sound engineer. He stated both the Wave Engineering follow-up study and the city's EDI study showed measurable sound reduction on the other side of the fence. He described additional voluntary measures, including sound-dampening foam installed on the interior of bay doors, reduction of dryer motor speed by 25% through variable frequency drives (VFDs), and dampening added to the vacuum equipment. He stated that removing one bay reduced the site's revenue capacity by 25%, placing the location in an ongoing loss position. He noted that Autowash's other 26 locations—including locations directly across from residential housing—do not receive noise complaints, and that none of them include the sound mitigation measures installed at the Wheat Ridge location. Attorney Singleton presented a data table from Wave Engineering's post-fence sound study, showing levels in the 47–53 dBA range under typical operating conditions, and noted that city sound study measurements were taken at the property line and north of 44th Avenue, not at the residential properties to the south where many complainants reside. John Peckler, Attorney, Spencer Fane LLP, summarized Autowash's legal position. He framed the core issue as fairness, stating that the process for reaching a solution must follow the city's own code, provide due process to the holder of a protected property interest, and be based on the written conditions of the issued permit. He stated this is an enforcement hearing for an approved SUP, not a fresh discretionary review, and that the five written conditions—none of which explicitly address door operation or site- specific noise limits—are the applicable standard. Page 8 of 51 He argued that the architectural drawings depicting closed doors were prepared to show design elements, not to constitute an operational commitment, and that converting an assumption drawn from drawings intended for a different purpose into an enforceable condition is unfair. He stated Autowash had no notice that operating with bay doors open would be considered non-compliant until the Notice of Violation was issued in July 2025—after the SUP was issued, the site plan and building permit approved, and a certificate of occupancy obtained. On the proposed conditions, Peckler offered Autowash's perspective on each: Condition (a) – Bay doors closed: Autowash opposed this condition as written, stating that operating with all doors closed in warm weather creates excessive humidity that damages equipment and is not sustainable long-term. He noted Autowash voluntarily closes the south-side bay doors during wash cycles and would continue to do so. He stated that industry practice is to keep doors open in warmer temperatures to protect equipment, and that closing them in winter is to prevent freezing. Condition (b) – Hours 7 a.m. to 8 p.m.: Autowash opposed the 8 p.m. cutoff, noting it does not align with the city noise ordinance or state statute (both of which use 7 p.m. or 10 p.m. thresholds). Autowash recommended continuing its current voluntary hours of 7 a.m. to 10 p.m. Condition (c) – On-site signage: Autowash requested discretion to determine appropriate messaging, noting from experience that prohibitive signage can be counterproductive. Autowash stated there has not been a documented issue with customer behavior generating noise. Condition (d) – Trash receptacles: Autowash stated it was unaware of trash concerns prior to this proceeding and takes pride in site cleanliness. It requested a contact-based remedy rather than a codified condition. Condition (e) – Noise compliance: Autowash stated compliance with city code and state law is always required and need not be a separate SUP condition. Condition (f) – Sound monitoring: Autowash opposed the condition as written due to its open-ended nature, the cost and logistical difficulty of sound studies, and concern that the requirement could be used to compel frequent studies without clear methodology or standard. He also noted that police expressed reluctance to rely on third-party sound data for prosecution purposes. Attorney Peckler recommended that if Council wished to take any action, it should defer imposing conditions until a clear noise standard is established, additional mitigation options are evaluated, and all parties have had the opportunity to review the city's sound study and discuss it collaboratively. He stated that imposing conditions at this hearing would lock them in permanently and foreclose the collaborative process that had been Page 9 of 51 underway. Autowash's preferred outcome was for the Council to take no action and allow the ongoing compliance process to continue. Public Testimony Cat Tarnoff (via Zoom) stated she had previously worked at the veterinary clinic at 4355 Gray Street. She expressed concern that the special use permit was granted with a condition requiring no detrimental effect and argued that the ongoing noise from the car wash constitutes a detrimental effect that places the facility out of compliance. She stated that the neighbors and nearby businesses could not have been expected to anticipate and object to noise during the approval process when they were told there would be no issue. She expressed the view that, given Autowash's experience operating 26 locations, it likely knew noise would be a concern. She noted that the attorney's argument—that without a specific written condition there is no violation—appeared to represent a loophole and emphasized that the neighboring veterinary clinic and residential neighbors are losing quality of life and property value. She acknowledged improvements but said they had not resolved the problem. In Person: Lisa Hamilton Fieldman (Wheat Ridge resident, also appearing as a consultant to a group of concerned residents) stated that she had provided the group with legal guidance but was not entering a formal appearance on their behalf. She noted that her cat had developed a seizure disorder triggered by loud noises and that she no longer brought him to the neighboring veterinary clinic due to concerns about potential noise exposure. Regarding the legal framework, she cited the Colorado Noise Abatement Act, including CRS 25-12-103, which establishes statewide noise limits and defines noise exceeding those limits as a public nuisance. She noted that the statute sets limits of 55 dBA for residential properties during daytime hours and 50 dBA at night, and 60 dBA for commercial properties during daytime hours and 55 dBA at night. She highlighted subsection (3), which treats periodic, impulsive, or shrill noises as a public nuisance when they are 5 dBA below the standard limits and argued that car wash noise could fall within that category. She also referenced CRS 25-12-108, which prohibits municipalities from adopting noise standards less restrictive than state law, and cited the Colorado Supreme Court’s 2025 decision in Hobbs v. City of Salida, which she stated clarified that a municipality cannot exempt a facility from state noise standards through a special use permit. Leslie Baca (Denver resident, client of the neighboring veterinary practice for 26 years) stated she brings animals to the clinic regularly and that the car wash noise disrupts veterinary examinations and distresses her animals, resulting in failed specimen Page 10 of 51 collection and additional costs. She stated she could not recall seeing the conditions described at the prior car wash site. She urged the Council to require mitigation and, if it cannot be achieved, to revoke the permit. Scott Galloway (Wheat Ridge resident) stated that he can hear the car wash dryers from his property and that the prior car wash never produced such noise. He quoted from the July 16, 2024 city memorandum, noting that the SUP was approved in part because the special use would not create or contribute to blight by virtue of physical or operational characteristics. He stated the current noise represents the first negative impact on the neighborhood in his 33 years of residence. He did not ask for closure but supported closing the doors, limiting hours to 7 a.m. to 7 p.m. or 8 p.m., and affirmed the neighborhood's right to protect its quality of life. Brett Lilly (Wheat Ridge resident) stated that sound study data notwithstanding, the noise is disruptive in practice, producing peaks and variations that create a different quality of nuisance than constant background noise. He argued that there are many car washes in the area but only one neighboring veterinary practice and one neighborhood. He questioned the proportion of pro-car wash comments submitted online that came from actual Wheat Ridge residents. He argued that the nine findings of fact in the SUP— not just the five written conditions—are relevant to the compliance question and that the car wash has violated the spirit of those findings. He stated that no business has a vested right to be a nuisance to the surrounding community and recommended revocation, or failing that, specific and enforceable conditions with a clear compliance timeline. Cassandra Cooper stated she is a client of the neighboring veterinary practice. She spoke in support of requiring significantly increased and independently verifiable sound mitigation measures as a condition for continued operation. She stated the noise is disruptive for people and animals in the veterinary office and that the city has an obligation to uphold the standards tied to special use permits. She supported enhanced mitigation with ongoing monitoring and demonstrated compliance over a sustained period. She stated that if the issues persist, the permit should be suspended or revoked. Dr. Jan Facinelli (veterinarian, 4355 Gray Street) addressed Autowash's owners directly, expressing regret that the situation had reached this point and suggesting that an early in-person visit might have led to a different outcome. She spoke to two of the nine SUP approval criteria: (1) that the use will not have a detrimental effect on the general health, welfare, safety, or convenience of persons residing or working in the neighborhood; and (2) that the use will not create or contribute to blight. She stated the car wash has had a detrimental effect on her health, welfare, quality of life, and business operations. She described the noise as shrill, continuous, periodic, sudden, and impulsive, and acknowledged that conditions have improved, particularly in winter when the doors were down. She stated the noise still enters her facility through windows during examinations. She requested a more substantial sound fence constructed of proper acoustic materials, and noted that if doors cannot be kept down, acoustic solutions Page 11 of 51 exist and specialists are available. She stated her intent was not to close the business but to find a workable solution and suggested the Council might benefit from continuing the matter to allow additional time and site visits. She noted that the neighborhood was there first and that the prior car wash did not disturb the peace. Mike Josten (Wheat Ridge resident) stated the prior car wash never caused noise issues. He acknowledged that Autowash has made improvements and that conditions have gotten better, but stated the problem is not fully resolved. He noted that sound reflects off the bank building across the street and the pawnshop next door and returns to the neighborhood. He expressed hope for a solution acceptable to both parties. Sandra Sands (Wheat Ridge resident) stated the car wash noise prevents her from enjoying her front porch in the evenings. She spoke to the traffic and safety concerns at the intersection of 44th Avenue and Gray Street, stating that the curb extension constructed with the car wash project has narrowed the turning radius and created unsafe conditions for motorists. She noted that Randall Park is directly adjacent and expressed concern about increased traffic speeds and stop sign violations in proximity to the park. She stated the neighborhood does not want to close the business but wishes to be able to sit on their porches without disruption. Greg Primavera (Wheat Ridge resident) stated that with three operating bays instead of one, the noise is significantly worse than under the prior car wash. He noted that during the neighborhood meeting he was told traffic would go north and not through Gray Street, but that the do-not-enter signs shown on the approved plans have since been removed. He asked that the Council address both the noise and traffic issues and expressed frustration that neighbors were told there would be no problem and are now bearing the consequences. Gretchen Josten (Wheat Ridge resident) submitted documents to the record from the owner of Gleam Car Wash regarding that facility's noise mitigation experience, including a good neighbor agreement and the approach of engaging an acoustical expert prior to construction. She also submitted materials from an acoustical consultant retained at no charge by Gleam's owner, which identified multiple potential mitigation options estimated at under $40,000, including: filling gaps in the existing fence, applying acoustic felt woven through the fence structure, mounting acoustic block on walls and ceilings and doors, reducing door opening size, applying sound paint or stucco to the adjacent pawnshop wall facing the facility, installing blower inlet silencers on the dryers, and installing sound baffles similar to those used in pools and large gymnasiums. She presented photographs of sound walls at other facilities—Gleam Car Wash, Colorado Autowash on Sheridan Boulevard, and Whistle Car Wash—as examples of proper sound enclosures. She stated neighbors should not be responsible for identifying mitigation solutions, as this is Autowash's 26th location. Chris Nietzold (Wheat Ridge resident) addressed several of Autowash's legal arguments. He argued that the SUP's first condition—requiring operations to be Page 12 of 51 consistent with the representations in the application materials—encompasses the nine findings of fact, not merely the five written conditions, and that the car wash has failed the broader criteria. He stated that vested rights under Wheat Ridge Code Section 26-121 require lawful conduct and justifiable reliance, and that a business that opens in violation of noise standards cannot claim constitutional protection by remaining open. He argued that the architectural drawings depicting closed doors were shown to the neighborhood and that neighbors relied on them in good faith—a form of detrimental reliance that Condition 1 exists to protect. He cited the Colorado Supreme Court's decision in Hobbs v. City of Salida as establishing that CRS 25-12-103 sets binding statewide noise limits that no local process can waive or permit around. He noted police-recorded readings of 85.4 dBA at the facility. He closed by stating that Autowash's owners chose to live in a residential neighborhood insulated from industrial noise, and that the Council should modify the SUP with enforceable conditions and hold Autowash accountable. Wheat Ridge Speaks: Eighty-three public comments were submitted through the Wheat Ridge Speaks platform regarding Item 1 – Review of the Lakeside Autowash Special Use Permit. The names of commenters, along with their submission times, and the full text of their remarks, are included in the official record of this meeting. Nikki S May 18, 2026 ∙ 11:27am As an employee of Autowash for the past six years, I’ve only ever known this company to be deeply community-focused. Our motto, “because you love your car,” reflects the pride we take in serving all kinds of customers and communities across Colorado. Since the beginning of construction at the Lakeside location, Autowash has worked closely with the City of Wheat Ridge to ensure all permits, operational requirements, and city expectations were met. As concerns from nearby residents and businesses were raised, the company also invested significant time, money, and effort into additional mitigation measures because being a good neighbor matters to us. I absolutely understand and respect the importance of peace and quiet for nearby residents and businesses. At the same time, I also see firsthand how much this location means to the thousands of members and customers who rely on it, as well as the employees whose livelihoods depend on it. What stands out to me is that Autowash has continued trying to find solutions rather than ignoring concerns. Hours were adjusted, operational changes were made, and additional sound mitigation efforts were implemented even beyond what was originally required. That willingness to listen and adapt should matter. If the goal is truly to find a workable solution rather than shut the location down entirely, I hope the efforts already made by a local Colorado company are recognized as part of that conversation. I believe there is still a path forward that supports both the surrounding neighborhood and a business that has worked hard to serve the community responsibly. Maryann Kirkhoff Page 13 of 51 May 18, 2026 ∙ 11:06am Hi there, My name is Annie and I just moved into Gray St, and live two houses down. I do hear insanely loud noises, almost like a jet engine. I had no idea what it was until a neighbor told me it was the car wash. I do own a Reiki business that I operate part time from my home, and it requires a calm and quiet environment, and the noises will be business disrupting. Mike Josten May 18, 2026 ∙ 10:46am My name is Mike Josten and my wife and I have lived at our home on Gray Street for 11 years. We bought the home knowing there was a self serve car wash across the street. We never had any issues with that business and there are no noise complaints on record for that business that Autowash has lied about being a space for homelessness, drug use and police activity. Those lies are the actions of a company not acting out of integrity and instead relying on emotional responses from their customers who read their lies on their website and react assuming they are telling the truth. We trusted that they were telling the truth as well during the neighborhood zoom meeting where Autowash owners said there would not be any noise impacts upon our neighborhood or additional traffic concerns. Autowash operates only two of their 25 locations with four automatic wash bays with dryers. One location sits on an 86,000 sq ft lot near TopGolf and one sits on a 19,000 sq ft lot 100 feet from a residential neighborhood. I invite you to guess which location has incurred endless complaints about noise and traffic concerns. Their own sound study found the dryers to hit 94 db from the north point exit doors along the Gray Street sidewalk. These are the doors the city is requesting to be closed during operation. Yet their follow up study conveniently failed to get readings from that point again to truly see how the installation of a decorative fence along just one of four property lines helped. One Autowash owner admitted in front of a city council member, city staff and two Gray Street neighbors that blower motors originally installed from the car wash manufacturer weren’t to the OEM specifications. They knew this to be true, yet they continued to tell their customers and the city that they were operating in compliance and that a small, vocal group of locals were just trying to shut them down. According to the July 14, 2022 pre-application meeting summary document, the city of Wheat Ridge planning staff met with the Autowash owner and the Hover Architecture team and in their notes it reads “The applicant should maintain or replace any existing fences on property lines to the west and south to provide a buffer and screening from the carwash for adjacent properties.” This never happened, and instead was used as a tool after complaints came rolling in to look like they were doing the right thing and investing in mitigation methods after the fact. The site plan also requires two do not enter signs on the Gray Street exit for patrons, however on October 31st we witnessed the Autowash owner removing the do not enter signs just prior to reopening without notifying the city. Autowash is not just a little mom and pop shop trying to figure out how to run one car wash. They know this industry and had they held the intention of upholding their nine Special Use Permit criteria from the start in 2024 upon approval, they would have operated differently and with the intention of doing right Page 14 of 51 by their word to the city of Wheat Ridge and their neighbors. Right now it seems easier to play the victim, lie to the public to evoke emotional reactions and ignore the truth, which is that their actions are having a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. The opportunity to operate a business aligned with the SUP was always been in Autowash's hands, instead they chose to deny those agreements and act as though this location was just like their other by TopGolf and thusly would be fine to operate 24/7, with the doors wide open. There are at least five Autowash customer reviews on the Lakeside google page reflecting negative safety issues that they've experienced at this property. So they have not improved the property that previously had no noise complaints or safety issues, but have instead made the property less efficient, more disruptive and a true safety concern. We simply want a resolution to the noise concern. That too is in their hands. Attachment Stephen Van Es May 18, 2026 ∙ 10:43am I am writing in support of Lakeside Autowash and the continued operation of the car wash at 5900 W. 44th Avenue. Autowash has made a substantial investment to replace a dilapidated car wash with a cleaner, more efficient, and more environmentally responsible facility. This investment also included sound mitigation and operational improvements intended to address neighborhood concerns in good faith. I recognize that nearby residents’ concerns should be taken seriously. At the same time, the reported noise levels should be evaluated in proper context. The sound readings, particularly if they are short-duration exterior readings, appear comparable to common urban traffic conditions, including busy arterial roads, heavy trucks, and motorcycles. These measurements should be reviewed objectively and in context before being characterized as evidence of harm to residents, pets, or the neighborhood. Autowash also provides a public benefit. Professional car washes are designed to capture and manage wash water, helping prevent soap, oil, brake dust, road grime, and other pollutants from entering the stormwater drainage system. Without access to a modern local car wash, more residents may wash vehicles in driveways or on streets, where runoff is much harder to control. The appropriate path forward is continued cooperation among the City, Autowash, and nearby residents. Autowash has already demonstrated a willingness to mitigate its impact and operate responsibly, and I believe a fair resolution can be reached through continued dialogue and objective evaluation. For these reasons, I respectfully support Lakeside Autowash and encourage the City to work with Autowash and its neighbors toward a fair and balanced resolution. Mike Trujillo May 18, 2026 ∙ 10:20am I have lived in Wheatridge for the last 42 years My home is located the area northwest on 45th and Ingalls St. just west of the Lakeside Walmart, It is in close proximity to the Lakeside autowash. When the loud disturbing noises started in 2025 I had no idea Page 15 of 51 where it was coming from I later discovered it was the new autowash that had opened. I was then told by the Gray St. residents the Autowash had closed the south doors to help with the noise problem to the south. I believe that created a new problem to the northwest in my area, immensely amplifying the sound waves towards my neighborhood. I noticed one time they closed the north doors and the sound was almost non existent in my area. I did not know what to do about the noise and spoke with Autowash. They asked me which location it was making the loud noise, and the location of where I lived, I told the representative how I could still hear the disturbing noise in my house on a regular basis, even when the windows and doors are closed They said it will be monitored and if it continues to let them know. After speaking again with Autowash They said they are within noise compliance according to the codes and told me to contact the city regarding the noise problem. I had a friend come over to visit who use to reside nearby in Wheatridge and he asked me what that noise was, almost as soon as he got out of his car in the driveway and was surprised it was the carwash. This has always been a very quiet area until now. When its hot outside, We cant enjoy the breeze when we open our windows to come through to cool our home because the noise is much louder then. We have enjoyed our peace and enjoyment of our home for the last 28 years we have lived here. Now we were unable to. This has become a very stressful situation for my wife and myself. I am retired now, and my wife is on the verge of retirement, this type of regular noise nuisance is unacceptable that will be here to stay on a daily basis. We have lived in Wheatridge since 1984 and lived nearby other carwashes and businesses and never had a complaint. I describe the sound as being near an airport with loud turbines and fluctuating sounds that change like machinery, and towards the end when the turbine dryers turn off it sounds a like an air raid siren shutting down its very alarming and startling because its so random, The noise is unpredictable, startling and the siren noise makes is a reminder of the time I spent during my military service in Germany. It is totally obnoxious and terribly disturbing to hear it. Also especially in our bedroom when we are trying to go to sleep usually around 9pm Is it really necessary to be that loud to dry a car ? This carwash is a whole different animal considering the circumstances of being near peaceful residential areas it is now in and will be there long term, I also read in the comments section of the barths app. someone asking if anyone knows what that random unknown sounds of helicopters landing are coming from. Other carwashes in the area, have enclosures built at the bay where their dryers operate, and it dampens the noise very well. They are also surrounded by residential homes and are being a good neighbor. They have a high respect for their neighbors' well-being for doing that. I am also really concerned about the possible residential property devaluations that have this type of noise problem nearby. Bettina Kimball-Cholewinski May 18, 2026 ∙ 10:06am Hello, I have worked for Dr Facinelli for 11 years, at Holistic Care For Animals. 4355 Gray St Wheat Ridge CO 80212. The new car wash with the blow dryers are so loud even with the windows closed is very disruptive. Thank you Bettina Kimball-Cholewinski Page 16 of 51 Paula Cox May 18, 2026 ∙ 9:10am Good morning! I would love to leave feedback concerning the noise level of the car wash right next to my sister's vet clinic. JAN, has been treating animals in that location for 29 years and has wonderful clientele!!! The noise level from the carwash has been so detrimental to Jan and her neighbors that they feel their peace and quiet will never return! I have watched my sweet, quiet-natured sister struggle with this fixable situation for months now. She's not asking that the carwash shut down and cause the owners to lose money......she just wants the unbearable noise level to be remedied. She and her neighbors deserve that much! Granted, the car wash will have to invest money to reduce the noise but that seems fair since the car wash is causing the distress. Can a noise- blocking wall like they use on the freeways bordering housing developments be installed ? That sounds like a win win situation. I am assuming the carwash owners can afford it!? Please, please help this neighborhood regain its peaceful quality again!! Thank you, thank you, thank you! Samantha Metzger May 18, 2026 ∙ 5:20am My name is Sam Metzger, and Jan Facinelli’s clinic has been a part of my life from the start. My mother was employed at Holistic Care For Animals from the time I was three months old, and she would take me to work with her. The clinic was quiet, peaceful, and homey. I could nap, and my mom could continue working to provide for us without worrying about the additional cost of childcare. Some of my earliest memories are being out in the garden behind the clinic, where I used to play and where my mother and I would pick vegetables to help us get by when money was tight. It was my home away from home, and it still means a great deal to me. I was privileged enough to grow up witnessing Dr. Facinelli’s compassion and expertise, and there’s no shortage of testimonies for all of the animals (and their humans) she has helped during her career. Jan has been a pillar of the Wheat Ridge community for nearly 30 years, and that’s why it’s so upsetting to see all that she’s built being affected by the excessive noise level coming from AutoWash. While I can respect that AutoWash is a family-owned business, I do not believe that excuses the negative impact it is having on surrounding businesses and residents, nor do I believe that ensuring proper sound mitigation being put into place is an unreasonable expectation. Animals deserve a calm environment for veterinary care, and Wheat Ridge locals deserve to be able to open their windows or enjoy time in their yards without the constant barrage of mechanical noise. There is a surplus of car washes all across the Denver metro, but Jan’s clinic and the work she does are truly one-of-a-kind. I hope Wheat Ridge acts to protect businesses like hers by revoking AutoWash’s Special Use Permit until proper measures are taken to lower the disruptive noise levels that have become detrimental over the past year. Cat Tarnoff May 17, 2026 ∙ 7:50pm Page 17 of 51 I began working with Jan Facinelli in 1997. At the time, she had a home practice and invited me to join her, along with my three-month-old daughter. Later that year, she bought the clinic at 4355 Gray St. It was a peaceful, welcoming place to work. We gardened in the backyard, and it was a wonderful place for my daughter to spend her first four years. The love and care remain the same, but the atmosphere has changed dramatically. The original self-serve carwash was not a problem and coexisted peacefully with the neighborhood. The new automated operation has changed that. The increase in noise is dramatic. It is no longer a calm environment for my animals when I bring them in for care. The noise is excessive, disruptive, and intrusive. Even with the windows closed, the sound from the carwash can be overwhelming. In the past, my cats would sit comfortably by the open exam-room window and remain calm throughout their visits. Jan works with people and their animals during deeply traumatic moments, including terminal diagnoses and euthanasia. The industrial noise from next door is not appropriate for the calm, supportive environment these situations require, just as a rock concert or racetrack would be inappropriate beside a hospital. I have seen how these changes have affected Jan. Her office is closest to the carwash, and the constant noise is agitating and makes it hard to concentrate. It is painful to see the damage to the tranquil environment she worked so hard to create. When she works up cases for my animals, I usually receive results after the weekend. With the relentless noise and distraction from the carwash, I can only imagine how difficult it is to focus. I cannot overstate the difference between the carwash as it once operated and as it operates now. I urge the City of Wheat Ridge to address this noise issue. There is a reasonable middle ground between forcing nearby residents and businesses to endure the current noise levels and requiring the carwash to close or return to self-service. Aerodry, a Colorado-based company, is one example of a provider offering modern, high-efficiency systems designed to reduce noise. The responsible solution is to limit noise from the automated carwash so it can be a more welcome, sustainable and profitable part of the community. Kay Cee May 17, 2026 ∙ 1:33pm I use Autowash and have been a customer for many years, most recently this location on Lakeside. The way I see things is the city either did not do their due diligence and/or the neighbors just decided to ignore the posting from the city when they were getting permits to build. Now that it is built and probably cost millions, the city and neighbors want to shut them down??? This is a failure on the part of the city as far as I can see. I hope Autowash can stay in business and if not, the city should be sued by Autowash! Jennifer H May 17, 2026 ∙ 11:40am I live in NW Denver and had been waiting for the Autowash Lakeside to open for quite a while. I have a membership and drive from Denver to Wheat Ridge once or twice a week to get a wash. As such, I have also patronized a lot of businesses along this corridor, adding to the local economy. It’s my understanding that Autowash followed all of the legal avenues to get the car wash approved and have been cooperative in reducing Page 18 of 51 impact on the local residents. If they followed the process and got all the required approvals, they should stay in place and continue to operate at the capacity it was approved for. They certainly improved a section of 44th Ave that needed it and will attract more investments and improvements. I am empathic to surrounding residents and businesses, but when you live and/or operate a small business within a half block of a major commercial district, you can’t expect noise levels to never increase, or for no development to occur. I have personally lived directly next to years of various construction projects and that’s just part of living in an urban and commercial environment. Sometimes change is hard, but it appears that Autowash has been a good steward of this parcel, and were given full permission by the city of Wheat Ridge. I hope I can continue to travel from Denver to Wheat Ridge to utilize Autowash and all the other small businesses like Grammy’s, Molly’s and ModMood. Without Autowash, I wouldn’t be over there. Gretchen Carrolla May 17, 2026 ∙ 9:26am Autowash (Lakeside) is not just a business; it is a vital part of our community. It provides a convenient service that enhances the quality of life for residents and visitors The car wash has also demonstrated a sustainable business model, successfully adapting to the needs of the community. This includes environmentally-friendly practices and competitive pricing that benefits all customers. I believe in the importance of supporting local businesses that contribute to our community’s vibrancy and economy. Therefore, I respectfully request that you reconsider the decision to close Autowash Lakeside. EVA LISA May 17, 2026 ∙ 9:05am Hello, My name is Eva Lisa. I live on Gray Street and can hear the dryers from my home several houses down the street. The noise is distressing and causes unneeded urban noise pollution. It's just awful to hear this at all hours of the day and night. We are requesting the front and back doors of the bays to be closed during residential hours. Residential hours we propose are 9 to 6 pm like many of the other car washes in the area. It is also quite sad that Dr. J Facinelli's practice is suffering as the high noise decibel distresses the poor animals needing her care. Furthermore it is a shame to see so many good people on this street pour so much time and energy into reasonable requests that could have been avoided right from the beginning. These are good people with jobs and families who have spent hours upon hours working on a peaceful resolution. I'm sure they would have liked to spend their time and energy else where. We are just asking Wheat Ridge to do the right thing and support its' residents. Sincerely, Eva Lisa 4301 Gray Street, Wheat Ridge Rachel Rhodes May 17, 2026 ∙ 8:55am Page 19 of 51 The law is the law. The business has followed every requirement, including additional requirements after the fact. The city approved the project, and should not be permitted or required to walk back their decision after a business has been constructed, opened, and been in operation for some time. Additionally, the city has an obligation to approve businesses that are helpful and wanted by the members of its community. The need and desire for car washes has increased massively. Many people prefer to go to a car wash that is well maintained and well lit for safety. Other nearby car washes are older, not well maintained, or do not provide a membership subscription for convenience. I understand that nearby neighbors may not be pleased with the sounds of a successful and bustling city. I’m sure that 25 to 30 years ago the Neighborhood was more quiet than it is now. And even in times more recent. But this entire metro area has been an evolution of massive growth. Roads and streets that used to be more calm are invariably getting more busy. 44th Ave is a major thoroughfare. The sounds of city living are sure to impact residents and businesses that are closest to 44th Ave. I see residing and operating this close to a main thoroughfare as a choice. If your home or your business requires quietude in order to live or operate happily and successfully, then your home or business should perhaps not be located on, or near, a main thoroughfare. Sometimes we need to move away from that which no longer serves us. Mason W May 17, 2026 ∙ 8:54am As a customer of this location, I wanted to share that my experience has been overwhelmingly positive. The staff has always been professional, the property is clean and well-maintained, and it’s clear they’ve invested heavily into the site and surrounding area. I understand nearby residents have concerns, and I think reasonable compromises around operating hours or additional sound mitigation make sense if needed. But I also think it’s important to recognize that this business went through the city approval process, has tried to respond to concerns, and provides a service many local residents use and appreciate. I’d encourage the city to work toward a balanced solution that addresses neighborhood concerns without unfairly penalizing a business that has made a significant investment in the community. Maureen Coghlan May 17, 2026 ∙ 6:30am Autowash is a great addition to the neighborhood and provides a needed diversification of carwash service in the area. The only other carwash options are self service and a significantly more expensive, manned carwash. Autowash is convenient, reasonably priced and keeps up their property. It is in an existing, commercial area, surrounded by other businesses. I do not consider the sound coming from this business to be any more disruptive than it's neighboring businesses. In fact, it is significantly less concerning than the parking lot across the street regularly filled with trash and people clearly living in their automobiles. And, the Dollar Store a block away who regularly has a police presence due to disturbances in the parking lot. Page 20 of 51 RANDALL KASPER May 16, 2026 ∙ 7:27pm For the record I'm a monthly paying member & weekly patron of 3 of your other locations, none of which are even remotely as close to my house as this new one. Would be nice to make a 5 minute trip to get my car washed instead of driving across town & waiting in insufferably long lines at the other locations that ALWAYS have non- functioning bays...but sorry Autowash, I'm going to have to side with the neighbors on this one. I can confirm that every location of your washes is indeed very loud but none of them butt right up to houses that have existed long before your cash cow. You should've known this site would've been an intrusion on their peace so this is on you for neglecting that. Even if you manage to lobby your way into keeping this one open, I won't be visiting it out of basic respect for my fellow humans. I suggest cutting your losses & finding a more considerate location to feed your greed. You can afford it & the people will most likely show up anyway. Be better. Jacob D DeVoe May 16, 2026 ∙ 6:27pm I am writing to express my support for the updated Autowash facility and to provide some perspective as a nearby resident. While I understand that any business can create occasional inconveniences, I believe the concerns being raised do not reflect the overall reality of the situation. I grew up with my backyard directly behind a car wash—an older, louder, and far busier one than the modern systems being installed today. Even living right up against it, the noise and activity were manageable. It simply became part of the normal background of the neighborhood. If an entire townhouse community with fifty or more residents can comfortably live next to a car wash that is significantly louder than this new, updated model, it shows that the impact is far less disruptive than some may fear. It’s also important to recognize that this property was already a car wash. The new owners are improving it, modernizing it, and replacing an outdated, run-down wash with a cleaner, more efficient, and more environmentally responsible operation. This is not a new intrusion—it is an upgrade to something that has existed here for years. Beyond that, the business provides clear benefits to the community. It creates local jobs, increases foot traffic for nearby businesses, and improves the appearance and utility of a property that had previously been neglected. A well-run car wash is a community asset, not a detriment. While I respect that one neighbor with a home-based business may find the activity inconvenient, it is not reasonable for a single individual to expect a long-standing commercial property to halt improvements or operations that benefit the broader community. Living near businesses comes with occasional annoyances, but in this case, they are minimal, manageable, and far outweighed by the positives. Thank you for taking the time to consider my perspective. J Davis May 16, 2026 ∙ 6:23pm It is unconscionable that a city, state or any government authority would revoke a license after a person or organization has spent significant monies on not only the Page 21 of 51 opening of a business, but also to address concerns on an ongoing basis. My question is very simply: what’s the line? Where does this sort of government overreach end? Who’s to say that your own business isn’t at risk when someone nearby no longer likes you operating there? I cannot imagine having invested millions of dollars on something only to be told by the city that it’s too bad, cut your losses and close. I would respectfully ask all who are somehow involved in this to consider the financial ruin that could befall small business if this becomes an accepted precedent. Dan L May 16, 2026 ∙ 6:09pm I’ve also followed some of the back and forth on the noise concerns, and I get it, nobody wants a disruptive neighbor. But from everything I’ve seen, this company actually responded. They reduced hours, shut down a bay permanently, put up a sound wall, kept the doors closed during operation. Most businesses would’ve dug in and done the bare minimum. At the end of the day, closing this place doesn’t make the neighborhood better. It just takes away something a lot of people use and leaves a vacant commercial property in its place — and we’ve all seen how that tends to go. I’d much rather see the city work with Autowash to hold them to the right standards than pull the plug on a business that’s clearly trying to get it right. Please keep this open. Ron Sandberg May 16, 2026 ∙ 6:04pm My name is Ron Sandberg and I am a long time resident in nearby Edgewater, CO. I am also a subscriber to Autowash services, Lakeside being my most convenient locale. I do not find that this site is extremely noisy or obtrusive and the owners have clearly taken steps to mitigate that. I don't understand how the City of Wheat Ridge could review the application, issue construction permits and grant an operating license to a business which subsequently invested what I imagine are millions of dollars only to have that retracted due to complaints from what seems to be one veterinary clinic nearby. To do so would be anti-business and un-American. I can assure you that if this license to function as a business at this location is retracted, I will boycott every business in Wheat Ridge from then on. The time for public comment on this venture has long passed. Diego Burciaga May 16, 2026 ∙ 5:59pm Sounds like autowash has conducted extensive sound studies to be in compliance with the permitted levels. It also appears that they’ve made attempts to be in compliance all the way since before even building the autowash. If you disagree with the levels of noise permitted perhaps that is a rule that should change municipal wise and not force a business to close because you’re unhappy the outcome wasn’t shutting the autowash down. I understand the frustration with the noise levels but it’s what the law says. If city noise frustrates you perhaps don’t live in an urban area. Page 22 of 51 Michael Condon May 16, 2026 ∙ 5:48pm Please allow Autowash at Lakeside to remain open! There are bigger problems in Wheat Ridge and they have made significant improvements to help the neighborhood when they expressed dissatisfaction. Closing another business will not help with the blight of the area. Tara Lane May 16, 2026 ∙ 5:47pm I have been using Autowash in Lakeside the last few months ever since I got a new vehicle that I want to keep clean. The location is so convenient as it is right around the corner from me. I don't understand why this is even a discussion that this location could possibly close or the hours be affected. I wish the they were a 24 hour location to be honest. Sorry, but this is a growing area. It's not like the car wash is in a remote area. It is literally on a busy road with other businesses all around, including Walmart. If someone nearby wants peace and quiet and a remote location for themselves then maybe they need to move their location to a remote area. Please keep this location open and do not put restrictions on this Autowash! STEVEN CICCARELLI May 16, 2026 ∙ 5:40pm I am a chauffeur in Denver and heavily rely on this particular facility daily. It’s no secret that DENVER has a very strong black car business. Please do not even consider closing it. Thank you in advance. Jorge May 16, 2026 ∙ 5:38pm Its a great addition to the town gives that modern look to it and its always clean ,safe and well maintained Ethel Garcia May 16, 2026 ∙ 3:45pm Holistic Care for Animals has been a beneficial business in the Wheat Ridge community since 1997 and I have been fortunate to take my pets there to be treated by Dr. Jan Facinelli for many of those years. Anyone that has ever been to her clinic knows it is one of a kind for pets. Until last year, it has been a quiet, calm environment for pet owners, their pets, and for Dr. Jan to care for pets. Pet owners can relate to their stress when they have to visit the veterinarian, now imagine when you are trying to calm them down and huge, noisy machines come on and keep running. Holistic Care for Animals and the surrounding neighbors are deserving of the same consideration that the car wash business is asking for. The car wash owners and patrons are happy with it and want to keep it going and Holistic Care for Animals and its neighbors were happy with their neighborhood and want to keep it the way that it was. The business was given permission to build and operate following certain rules and regulations and it has come Page 23 of 51 down to Autowash saying they have done their part and the surrounding area saying they have not done enough. How can a decision be made without another independent study to prove the noise levels are meeting regulation? This isn’t about random noises we are all forced to experience in everyday life, this is about people living and working in this environment day in and day out constantly. The community is only asking for what they are legally entitled to as well as some empathy for how they are being forced to live and work. If anyone; city council members, car wash owners or car wash patrons took the time to hang out in the area for any amount of time, it would not take long for them to realize they would not want to live and work in this environment. How can anyone decide it is okay for others to live like this without actually experiencing what they are experiencing? I share the same hope as Dr. Jan and the surrounding neighborhood, a good resolution for all parties involved. Thank you for your consideration, Ethel Garcia Julie Knight May 15, 2026 ∙ 8:56pm I am an Autowash member and use this Wheatridge location frequently (work in area.) This location is so quiet and easy to use and provides this community with an affordable car wash option. I truly hope this location continues to stay open and provide excellent car washes and customer support to our community. Janice Facinelli DVM May 15, 2026 ∙ 4:34pm My name is Janice Facinelli DVM. I have owned the property at 4355 GRAY ST. since 1997, at which time I opened my holistic veterinary homeopathy consulting practice. The property has provided a quiet, peaceful home like environment for me to do my working also enjoy gardening for the last 28 years. My clients have always commented on how unique the atmosphere has been, and that their animals, my patients, weren’t frightened as they were in conventional clinics. The calmness not only helped them, but enabled me to observe them more closely so that I could focus and do the difficult work required to help them. That has all changed since the opening of AutoWash in Feb. 2025. Other uses of my building have been to provide consults while sitting outside in the beautiful back yard, in a very quiet environment. The meditative quality of the back yard made it a perfect place for euthanasia also. That has not been an option in the last year since Autowash opened. When I acquired this property, there was an existing self serve carwash to my north. For 28 years the only occasional problem, had to do with the patrons of the car wash having their radios blaring during the vacuuming process. The vacuums were next to my fence at that time. The previous owners put up signs to keep the sound down to respect the neighbors and that took care of the problem for the most part. There was the occasional patron who didn’t care that they were disturbing the peace. When Autowash had the original community phone meeting , we were told that there wouldn’t be any big changes to what we had lived with for the previous 28 years. That was not true. When the Automated carwash opened in Feb. of 2025, it was obvious that things had changed, and not for the better. The noise coming from the air dry blowers sounded like jets taking off, or air raid sirens. Loud, shrill, obnoxious, startling, Page 24 of 51 and continuous noises came through my exam windows and walls, and were even louder in my private office. My receptionist in the south end of the building could hear them also. Forget being able to work outside in any capacity. Clients coming into the clinic, complained of their animals being startled by the noise, and I could tell a difference in their demeanor in the clinic. They were more anxious, with pacing and hiding. Numerous times during exams I had to run outside and take decibel readings at my property line to document the noise violations. This was disruptive to my clients and to my ability focus and concentrate. I was no longer able to use my office to study my cases, having to take my work home, because the noise was so disruptive. And I was no longer able to enjoy working in my yard. I found it difficult to sleep at night, hearing the sounds of the blowers even though I was miles away. This is a common symptom of auditory noise stress. I experienced incredible stress over the situation and It affected my health. I am extremely concerned about the consequences of the noise pollution on my property values, as the sell of my building is a large part of my retirement plan. I, along with my neighbors have never wanted to close down the car wash. Instead we just want back the peace and quiet we have known for the last 29 years. Problems with dampness and noise are not unique to this car wash. There are many companies that specialize in solutions to these problems that occur commonly in all kinds of car washes. The residents feel that keeping all doors closed during operations and erecting real sound proof barriers, not decorative fences, would be two solutions. As a small business owner, I applaud community development, but not at the expense of existing families and businesses. Not once did the owners offer to come to our properties to observe first hand what we were experiencing so that they could find the correct solution. Instead they have villainized us as the “small and vocal group of residents” that want to close them down and ruin people’s livelihoods. That is so far from the truth. We want solutions. Autowash voluntarily closed last summer when the City of Wheatridge imposed mitigation deadlines. However, on their website, they blamed us instead of taking the high road and admitting that they were volunteering to close for 3 months to mitigate problems. As to those patrons of the car wash who are minimizing the noise issue because you want the car wash for your convenience and benefit, I ask you to consider how you would feel if you could no longer enjoy your home, or find peace of mind in your yard because this Autowash now shared your fence. Remember, that you might spend 15 minutes once a week hearing the noise and then you go to your quiet home. We were hearing the noise for 24 hours a day until the hours were changed to 7-10.pm. This last winter, with the changes Autowash made, and the doors being down during operations, the noise was almost negligible . And for that we were grateful and encouraged that all would be well. However, now that the doors are open during operation it is an intolerable situation once again, contributing to noise blight: (Noise BLIGHT is defined as a severe, negative impact of persistent, unwanted sound on human health, quality of life, and property values and leads to property becoming uncomfortable, unpleasant or unsafe to inhabit. Health effects can be cardiovascular, sleep disturbance, mental health impacts and cognitive impairment.) I know this is a very complicated and many faceted issue. I also believe that solutions can be found Page 25 of 51 that will allow us to all be good neighbors and live in harmony as we have for the past 29 years!! That is my most heartfelt wish. Hannah Sapp May 15, 2026 ∙ 2:41pm Hello all, I work for Autowash on the Customer Success team and wanted to share a little of what the company looks like from the inside. This is a Colorado company, family-owned and run by people who actually live here. The thing I appreciate most is that you feel it. Leadership isn't sitting in some out-of-state headquarters that none of us ever see. The CEO knows employees by name! So do the facility managers, the people in customer success, and the folks in marketing and accounting. That kind of interconnectivity and respect changes how decisions get made when something hard comes up. I've watched the company take neighborhood concerns seriously. When issues were raised around the Lakeside location, no one tried to brush them off. Autowash paid for sound studies and put up sound barriers. The site's operations were adjusted based on what people in the area said. None of that was cheap, and it would have been a lot easier to do nothing. The company chose to do the work. That willingness to listen and adjust is part of why I'm proud to be here! Autowash doesn't pretend it has every answer on day one. It pays attention and gets better. I'm asking that Autowash Lakeside be allowed to keep operating. Autowash cares about the communities where the company operates because they are also the ones we call home. Thank you for taking the time to consider this! Keyasia Saulnier May 15, 2026 ∙ 1:53pm Hi there, I completely understand that some nearby residents have concerns regarding noise. However, from what I have personally witnessed, the company has made consistent efforts to address those concerns and comply with the city’s requirements. They have restricted wash hours, lowered wash bay operations, and worked to make adjustments whenever concerns were brought forward. Having a car wash in that part of town has benefited many people, including local residents, commuters, and employees. It has created jobs, provided a convenient service, and transformed a neglected property into something productive and well maintained from what I can see. We're really hoping that closure of Autowash@ lakeside is reconsidered. Kyle Hollingsworth May 15, 2026 ∙ 12:36pm As a current veterinary client of Dr. Jan Facinelli, I strongly support revoking or suspending AutoWash’s Special Use Permit until appropriate sound mitigation measures are put in place. As someone who regularly visits Dr. Facinelli's veterinary clinic next door to the Autowash, I have personally experienced the excessive noise coming from the facility. It is unbearable and the fact that the Autowash owners, who claim to be community-centered, are fighting their neighbors on this is frankly offensive. The constant sound from dryers, vacuums, and car wash operations is disruptive and Page 26 of 51 inappropriate for an area that includes medical and professional offices, neighboring businesses, and nearby residents. It creates an overwhelming environment not only for people, but for the animals visiting Dr. Facinelli next door who are already experiencing stress and anxiety that so often comes along with a vet visit. You'd think after building 25 other Autowash's around Colorado that the owners would be aware of the need for ample sound mitigation, wouldn't you? Let alone the advanced need for sound mitigation in a residential area... The repeated concerns raised by neighboring businesses and residents make it clear that this is not an isolated issue. If the business cannot operate within acceptable sound limits and without negatively impacting their neighbors, then the Special Use Permit should clearly not remain in place until those problems are fully addressed. I support responsible local business growth, but it should not come at the expense of the health, comfort, and wellbeing of neighboring businesses, residents, clients, and animals. Are we allowing car washes to push people out of their homes now? Is this where we want to be in Denver's already stretched-thin housing market? The City should require independently verified sound mitigation and demonstrated long-term compliance before allowing the SUP to continue. George Aragon May 15, 2026 ∙ 12:35pm Autowash has had a meaningful impact on my life, both personally and professionally. As the Area Manager for the west side locations, including Lakeside, I take a lot of pride in what I do every day. This isn’t just a job to me, it’s a career that I genuinely care about. Autowash has given me the opportunity to grow, build valuable skills, and provide for myself, and I’m grateful for that. Because Lakeside is one of the locations I personally oversee, I’m heavily involved in the day-to-day upkeep of the property. I spend a lot of time making sure the site stays clean, safe, and welcoming for the community. Whether it’s keeping trash under control, addressing homeless activity around the property, or maintaining the overall curb appeal of the lot, I work hard to ensure the area continues looking nice and well maintained. I care deeply about how this location reflects on both the company and the surrounding neighborhood. One thing that has always stood out to me about Autowash is that it’s a family-owned and operated Colorado company. It doesn’t feel corporate or disconnected. Leadership is involved, listens to concerns, and genuinely tries to do the right thing for both employees and the communities we serve. I’ve personally seen the effort the company has made to address concerns raised by nearby residents. We reduced operating hours from being open 24/7 to a set schedule, even though that directly impacted both business and customer convenience. We invested in sound studies, built a sound wall, and installed additional equipment to help reduce dryer noise. Those changes were not easy or inexpensive, but they were done because the company wanted to be a good neighbor. Unfortunately, some of these changes have also made it harder for me to serve customers the way I want to. Since the hours were reduced, I now regularly deal with frustrated customers who come directly to me because late-night washing no longer fits their schedules. Many people only have time to wash their vehicles later in the evening, and it’s difficult not being able to help them the way I used to. Even some of the noise-reduction changes have created Page 27 of 51 new customer complaints that I end up handling personally. What’s difficult is that Lakeside is by far our nicest location. It has our newest equipment, and I truly believe we’ve put more effort into improving and maintaining this site than almost anywhere else. I take pride in trying to provide customers with the best possible Autowash experience, so it’s frustrating and honestly sad when I feel like I can’t fully deliver that because of ongoing restrictions and complaints despite all the efforts we’ve made. From my perspective, Autowash has consistently shown a willingness to listen, adapt, and invest in solutions to support the surrounding community while continuing to operate responsibly. I’m proud to work for this company, proud of the work we do at Lakeside, and thankful for the opportunities it has provided me. I hope that is taken into consideration, and that Autowash Lakeside is allowed to continue operating and serve the community. Thank you for your time. Leslie Baca May 15, 2026 ∙ 11:44am Dr. Jan Facinelli has been the veterinarian for my family pets for 26 years. And her clinic has been at its current location for 29 years. I so appreciate the care my pets receive there at what used to be a very peaceful clinic. I say “used to be” because her neighbor to the north, Autowash has disrupted this peace with noise from their automated car wash since they opened last year in 2025. The noise is very disruptive. I could hear it when I’ve brought my sick pets into her clinic several times. Sick pets do not need loud noises when they are getting medical care. Dr. Jan has also been very distraught by the noise. I worry that my pets can no longer get great veterinary care because Autowash has disturbed the peaceful environment of her clinic. I’ve never heard Dr. Facinelli mention that she wanted the Autowash closed but just that they mitigate the sound so she could get back to a peaceful quiet environment to do her work. I’ve read that Autowash has at least 12 locations in the Denver Metro area and over 25 locations statewide. Surely, they knew how noisy their automated washes are and that their newest location on W44th Ave in Wheat Ridge was not a good fit since it is so close to neighbors and a local small business, my veterinarian’s clinic. Riley Knight May 15, 2026 ∙ 11:24am I have worked for Autowash for 5 years and I’m reaching out today to address the ongoing discussions regarding our Lakeside location. I want to advocate for the value this business brings to the community and highlight the very real, permanent steps we’ve taken to address neighborhood noise concerns. We want to be good neighbors, and we’ve proven that through significant operational changes and physical investments: -Permanent Bay Closure: We have permanently shut down our 4th bay to directly lower the site’s noise output. -Enclosed Operations: We keep all of our bay doors closed while we are operating to ensure sound is muffled and contained. -Sound Wall Installation: We have invested in a sound wall specifically designed to create a physical barrier and further reduce the noise reaching nearby homes. -Restricted Hours: Lakeside is our only site that does not run 24/7. We’ve limited our hours to 7:00 AM – 10:00 PM Page 28 of 51 because we respect the neighborhood’s right to quiet mornings and evenings. It’s also worth remembering what this site was before we took over. It was neglected and unsafe. We stepped in to transform it into a calm, professional environment. For many of our customers, coming here is a part of their self-care or even a form of therapy, and we’ve worked hard to make it a safe space for that. Bringing a business like Autowash into the area is good for the city’s growth and ensures that this property remains a managed, high-quality asset rather than a safety concern. So many of our local customers relied on this site for years and waited a long time for it to be revitalized; now that it is a safe and high-quality space, they truly utilize and value it every day. Thank you for your time and for considering the progress we've made at the Lakeside location. Sheldon Steinbock May 15, 2026 ∙ 10:21am I have been associated with the Holistic Care for Animals Clinic at 4355 Gray Street for 26 years, performing office management and administrative support duties. During those 26 years I have been in the clinic on a weekly, and often daily basis. The previous operation of the car wash that was located there was in operation during that entire time. Not once was I ever bothered or did I even observe a noticeable noise level from that car wash operation. That changed in March of 2025 when the current car wash was put into operation. Not only was the noise level loud enough to be heard but it was immediately disturbing to me while I was trying to do my work there. I have also seen the disturbance it has caused to the owner of the clinic and to the clients and their animals who visit there for diagnostics and treatment. Kasi Cooper May 14, 2026 ∙ 8:15pm About a year ago I ran into our good friend, neighbor, and veterinarian in the neighborhood and noticed immediately that something was wrong. She was tense, agitated, and visibly flustered, which was very unlike her and I immediately became concerned. Jan is the type of neighbor and friend you dream of. Unfailingly kind, calm and generous, Jan is the welcoming committee when you move in and the first one to reach out when you’re going through something. When we had our first child, Jan knew we were far from family and became ours. She’s the first person we trusted to leave our child with overnight, the first person we call when our dog is sick and over the years she has become the first person we call when we need to call on our community. Jan asks for very little in return for all she does for us and the rest of her community, so when I ran into her a year ago and realized that something wasn’t right, I was concerned. When she told me about the struggle that she and her Wheat Ridge neighborhood were having with one of their business-neighbors, I became angry. Jan told me that she wasn’t sleeping due to stress and that she was afraid she would have to close her veterinary business after 29 years of operation, due only to the sound of the Autowash branch which had just re-opened directly next door to her office in the Wheat Ridge neighborhood of Lakeside. She told me the sound emanating from the Autowash’s dryer bays was so overwhelming, so deafening, and so constant that she couldn’t think, let Page 29 of 51 alone run a business focused on the care of animals. But most of all, Jan was dismayed by the response of the owners of the Autowash chain, who seemed unconcerned and largely unbothered by the negative impact of their Lakeside branch on the surrounding neighborhood, even after hearing directly how the sound coming from this re-opened location was negatively impacting their neighbor’s daily quality of life. If you look at their website today, you will see that Autowash has invested a great deal of time and energy into fighting the reality that their neighbors are suffering because of them. You’ll see a list of the efforts they’ve purported to implement in an effort to resolve their neighbor’s complaints, but if you look at the facts behind their “campaign” against their neighbors, you’ll see the extent of the smoke and mirrors. If they’d actually followed the rules, complied within code, and met the requirements of the Special Permit, then why would their neighbors have any reason to complain? Historically, the neighbors of Lakeside have had no issue with the operation of a car wash at this location for the last 10 years. The issues only arose when Autowash expanded its business, increasing the scope of the Autowash chain, including larger and louder drying bays, which thereby amplified the auditory impact on the surrounding neighborhood. The neighbors of Wheat Ridge are not asking that the Lakewood Autowash branch be shut down, they’re simply asking for them to comply within the criteria that was outlined in the Special Use Permit to assist in mitigating the negative auditory impact on the surrounding community; and yet, Autowash continues to fight its neighbors. At the end of the day, Jan can go home. And yes, she can close her business of nearly 30 years and find an escape from the overwhelming, deafening, and unrelenting sound coming from her closest “neighbor”, but Jan stays because her other neighbors cannot do the same. From what I know, the neighbors who live full time in Wheat Ridge’s Lakeside neighborhood have had to rearrange their homes in order to find a place as far away from the Autowash as possible to find even a modicum of relief from the sound emitted from their “neighbor”. They’ve tried wearing sound-cancelling headphones, they’ve tried sound machines, they’ve tried working elsewhere, they’ve tried communicating, and they’ve tried compromising; and Autowash continues to fight their neighbors. The neighbors of Lakeside Autowash cannot live comfortably in their own homes, they cannot escape the unrelenting sound the Autowash emits, they cannot reason with the owners of Autowash, and Autowash continues to fight their neighbors. After learning the full extent of facts in this situation, as far as I’m concerned the owners of Autowash are corporate bullies who are attempting to present themselves as a small, local Colorado business that adds value to their community while simultaneously making choices that actively go against that spirit of community and neighborliness in favor of protecting their own greed. This is not the type of neighbor I want, and I’d be willing to guess it’s not the kind of neighbor that the majority of commenters on this board would want to have directly next door either. There are a plethora of options for car washes within a five-mile radius of the Lakewood Autowash branch which the members of our community can utilize without much impact to their day-to-day, as well as 25 additional “Autowash” locations from the “Autowash Companies” chain throughout Colorado for their members to take advantage of their car washing memberships. If Autowash Companies continues to flout code in favor of their bottom line, I do not think it Page 30 of 51 unreasonable to ask the city council to revoke their Special Use Permit until they can clearly demonstrate that they can follow the rules of said Permit and come into compliance, with the option to reinstate when modifications have been made which align to the rules that are clearly laid out for them. Furthermore, I do not find it unreasonable for the community to ask that there be enforcement of civil penalties should any issues arise again after reinstatement, considering the propensity of Autowash’s owners towards the belief that they are nonexempt from the very most basic laws of a civil and neighborly society. Sarah Moberg May 13, 2026 ∙ 10:02pm I have been taking my pets to Holistic Care for Animals since 2017. In November 2025, while at an appointment, a very loud industrial noise came from outside the building where the Lakeside Car Wash now operates directly against the clinic. The sound was impossible to ignore and disrupted the treatment room. My cat was visibly frightened, and even the veterinarian stepped out to record the noise. The noise reminded me of heavy industrial equipment, like a grain auger or elevator, and was loud enough that hearing protection would feel necessary. I can easily see how this would disturb nearby residents and cause stress and fear in animals. I’m surprised some comments are pro supporting a car wash that is so disturbing to the ones who are affected the most. Surely the Autowash could do the right thing and consider their neighbors. Sarah Moberg May 13, 2026 ∙ 8:18pm I have been taking my pets to Holistic Care for Animals since 2017. In November 2025, while at an appointment, a very loud industrial noise came from outside the building where the Lakeside Car Wash now operates directly against the clinic. The sound was impossible to ignore and disrupted the treatment room. My cat was visibly frightened, and even the veterinarian stepped out to record the noise. The noise reminded me of heavy industrial equipment, like a grain auger or elevator, and was loud enough that hearing protection would feel necessary. I can easily see how this would disturb nearby residents and cause stress and fear in animals. Gretchen Josten May 13, 2026 ∙ 7:49am My name is Gretchen and my family and I live directly across from Autowash. This is an emotionally charged issue that has been going on for over a year. I am a former small business owner and I strongly support local business. I value a business that brings a service to the community that makes their lives easier and does it in a responsible way with their resources. I see the way that Autowash fulfills this role in a lot of people’s lives and for that I am grateful. We as a community have never sought to shut down Autowash over the last two years. We took them at their word during the neighborhood meeting that they would not cause detrimental effects on our neighborhood. We have simply asked for the city to enforce the criteria that was outlined in Autowash’s Special Use Permit. These are the guidelines that have not been met, and thus for the last year, Page 31 of 51 they have been found to be out of compliance with the rules that were laid out in 2024 prior to building the facility and opening in 2025. The community is welcome to read through the nine points that were clearly defined in the approval of their special use permit. They had clear choice in the way they would choose to either align with the rules that were laid out or defy the rules. Our neighborhood has been reasonable and patient. We are not asking for anything outside of what was outlined in 2024 when Autowash was approved for their permit. They have chosen to defy the rules and therefore are being subjected to the process of reviewing their permit. We are not unreasonable. We have been here for decades prior to the construction of this business living across from a very functional and well kept self-serve car wash for almost 10 years that never caused any issues in the neighborhood. The city was under the assumption that Autowash would continue along that same path. However, things have not worked out that way. The power to remedy this issue and come into compliance lies solely in the hands of Autowash. They had over two years to plan a building that could operate in compliance, but did not. They have chosen to blame us as the problem. We are not the problem. The solution is clearly outlined in the rules of their special use permit. There are five car washes between 38th Ave. and 44th Ave. and Sheridan Blvd and Pierce. This type of business must follow the rules that the city implements in order to operate. The answer lies with Autowash, and if they choose to follow the rules or not. They can make this happen. They are choosing not to and blame us instead. We ask the city council to revoke their special use permit until they can clearly demonstrate that they can follow the rules of their permit and come into compliance. We ask for the permit to be reinstated when they make the modifications that align to the rules that are clearly laid out. And following that we ask that there be enforcement of civil penalties should any issues arise again after reinstatement. We thank you for holding space for this review process. Matthew Lanclos May 12, 2026 ∙ 2:45pm I feel Autowash has done MORE than enough to please neighbors who clearly will never be happy. We live in a big city. I hear sirens all the time Am I to tell those in need nobody gets help because of some noise?! NO! KEEP AUTOWASH LAKESIDE OPEN. Sean covi May 12, 2026 ∙ 11:27am I use this carwash frequently and feel strongly that when a municipality approves a business design that they should grandfather businesses they approved if future changes occur. Thank you. DAVID MELDMAN May 12, 2026 ∙ 6:35am Autowash is an excellent community asset. It’s the best car wash in the area and you should allow its SUP in perpetuity. Page 32 of 51 Michael Zamora May 10, 2026 ∙ 7:50pm As someone who lives nearby, I really hope Autowash Lakeside is able to stay open. This location has become part of the routine for a lot of people in the area, including myself. It is convenient, well-maintained, and provides a service that people genuinely use on a regular basis. Living in Colorado, our cars take a beating from snow, road salt, dust, pollen, and everything else that comes with the seasons here. Having a reliable car wash nearby is not just about appearances — it helps protect our vehicles from long-term damage. The Lakeside location is especially valuable because it offers touchless washes that are safer for newer vehicles, ceramic coatings, wraps, and sensitive paint finishes. A lot of us specifically choose this location because we trust the quality of the wash and know we are not risking damage from traditional brush systems. The property is also clean, well-lit, and professionally operated. That matters to residents. It contributes positively to the area instead of becoming another empty or neglected commercial property. The location is easy to access, close to other businesses people already visit, and open during hours that work for commuters and working families. What I appreciate most is that Autowash clearly invested in creating a customer- focused experience. From the unlimited membership options to the free vacuums and app convenience, it feels like a business that actually listens to and values its customers. You can tell people use this location regularly because there is always steady activity there. Businesses like this are part of what make a neighborhood functional and convenient to live in. Losing it would not improve the area or benefit residents. It would take away a service that many people rely on every week and replace it with uncertainty about what comes next for the property. I respectfully ask that the Lakeside Autowash be allowed to remain open. It is a responsible business, a useful service for the community, and something many local residents would truly miss if it were gone. Dane Vickers May 10, 2026 ∙ 1:48pm I live right by this location. It is well kempt and a great addition to our neighborhood. Rebecca Johnson May 10, 2026 ∙ 12:34pm I'm a huge fan of Autowash!! I've been a member for years and it's one of the best car washes I've ever used. The team is always willing to make things right, as they've shown with this location. As a member of this neighborhood, I'm very thankful for this location and the corporation as a whole. If the city goes back on its word and its standards, I'd be ashamed to live in this area. David Kelley May 10, 2026 ∙ 12:24pm Page 33 of 51 This car wash has been a great addition to the area. Areas are always changing and this change was for the better. A carwash is needed in the area and it seems that the Autowash has taken all the steps to accommodate the neighborhood complaints. Davidson M May 10, 2026 ∙ 7:27am I think that this car wash should remain open because it provides a service to the community that in that area is somewhat scarce, everyone complaining about it making too much noise but don’t say anything about the 3 tire shops/ mechanic shops within 5 blocks from this car wash. If you’re gonna target Autowash then target them too or stop hassling Autowash. Worse case scenario maybe reduce the hours of operation but keep it open!!! Joni Moore May 9, 2026 ∙ 4:07pm I am writing to support the neighbors by the Autowash on 44th &Gray St. in Wheat Ridge. While visiting in late November and recently, I became aware of the noise that is generated from that business. The drying cycle of the carwash is extremely offensive and bothersome. Residents nearby cannot eliminate the overpowering sounds made all day long from the dryers because the doors remain open during those drying times. The Autowash also rudely opens too early and closes too late. Business hours should be 9- 5, with the doors fixed to be closed during each drying cycle. When a local resident has to wear noise-blocking headphones and move/alter their home set-up toward the back of their home because of the obnoxious noise disturbance, it should trigger action by the council to correct the problem. The hours and noise levels are so offensive, the residents are correct in requesting that changes need to be made. AJ Tarachanowicz May 9, 2026 ∙ 9:31am I use this car wash weekly and choose it because it was in the neighborhood and it’s the most modern car wash around. I really hope to see that they’ll be able to continue operations. Will S May 8, 2026 ∙ 7:20pm A great car wash that was desperate for updates. The noise can easily be limited with doors during the cycle and limiting hours to typical hours people are awake like 6am to 8pm. Autowash is a greatly appreciated business in our town beyond the few negative comments most of us really love the convenience and quality of the wash! Keep up the good work, will be back again next week. Brett Lilly May 8, 2026 ∙ 11:53am Page 34 of 51 Thank you for your time my name is Brett Lilly I am a long-term wheat ridge resident and a long-term client of Dr. Janice Facinelli I am writing to share my experience with Dr. Facinelli and the car wash next-door I believe it is important for the city to support new development but that new development cannot adversely and negatively impact the existing businesses that we rely on I can state for many experiences that the new car wash was creating much noise and foam spray and water disruption and other problems that Dr. Facinelli had to focus on and deal with to the adverse effect of her practice and her clients I would strongly urge that wheat ridge not allow the special use permit to be renewed as the adverse impacts from the car wash on Dr. Facinelli‘s practice have been profound and should not be tolerated Thank you for your time and consideration Brett Lilly Jase Thulin May 8, 2026 ∙ 11:02am Noise pollution is a real issue in an urban environment and the decibel level created by the car wash and their machinery doesn’t align with current code. As such, efforts must be made to rectify this issue. Kelsey Moore Thulin May 8, 2026 ∙ 10:32am The autowash team has clearly come to the message board with some AI bots. Its disturbing to see when this is quite obviously disturbing the peace to their neighbors. No matter if they are a commercial business or not, they still should be neighborly. If I had a garage band and was disturbing my neighbors at all hours of the day, I’d still try to work with them to keep the door shut and only practice during normal hours. That is the neighborly thing to do. We’d really just like for them to keep the doors shut in the front AND back while the machines are running the wash and especially the dryers. They can leave the doors open the rest of the time to help air out the bays. Many car washes are near neighborhoods throughout the city, but the ones who want to actually work with their neighbors have agreed to only operate during simple business hours. 9-6 is reasonable operating hours. 24 hours for this location is just wrong and excessive. Two simple asks: 1. operate the machines with the doors closed. 2. Keep it in normal business hours. Please and thank you! Heather Josten May 8, 2026 ∙ 7:33am This 24-hour car wash has had a major impact on our family and others who live on the same block. My family has had to rearrange the entire layout of their home and move their living spaces toward the back of the house just to reduce the constant noise. No family should have to redesign their home simply to escape the sound of a neighboring business. I understand that many people in the community appreciate having access to the car wash, and I support local businesses. However, residents also deserve peace and quiet in their own homes. A home should be a sanctuary — a place where families can rest, sleep, and enjoy time together without constant disruption from commercial Page 35 of 51 noise at all hours of the day and night. I believe there are reasonable compromises that could better support both the business and the surrounding neighborhood. Limiting operations to normal business hours, such as 9 a.m. to 6 p.m., and keeping the doors closed during the loudest wash and drying cycles could make a significant difference for the families who live nearby. I hope the council will consider the long-term impact this 24-hour operation has on the people who call this neighborhood home. Trent Josten May 8, 2026 ∙ 7:27am The new car wash has been very disruptive to our friends and families. The noise increase from the previous car wash has made our family have to rearrange their living set up in their house to try and find peace in their own home. Shutting the bay doors during washes and closing at regular business hours (6/7pm) would bring more peace back to our families lives. A local business should strive to be a part of the community they do business in, not create conflict and disruption. Gregory M Isabel May 8, 2026 ∙ 6:59am Keep this car wash open please! This location has been a carwash for a long time. The new owners have made it look kept and the surrounding residents that live close to busy W 44th Ave should not be allowed to shut this commercial property down! Eric Norsworthy May 7, 2026 ∙ 8:55am This facility improved the area and has made significant investments. Now the community wants another abandoned car wash? Hodding Hall May 7, 2026 ∙ 8:52am Here’s a more polished and persuasive version that keeps your core points intact while improving the flow, tone, and impact: This Autowash provides tremendous value to my household and to the Wheat Ridge community as a whole. In Colorado, where weather and road conditions make it difficult to keep vehicles clean, this business serves an important practical need and has become one of the most frequented businesses in the area. Beyond the service itself, Autowash transformed what was once a neglected and unattractive property into a clean, modern establishment that the community can take pride in. They invested in Wheat Ridge, improved the appearance of the area, created jobs, and built a business that residents actively use and support. What is especially concerning is that the City of Wheat Ridge initially approved this project, allowing the company to move forward with substantial investments in construction and development, only to later impose additional restrictions, fines, and operational limitations. Requiring the business to remove a quarter of its service bays after approvals were already granted sends a troubling message to current and future business owners considering investing in Wheat Ridge. What confidence can local Page 36 of 51 businesses have in the city’s approval process if projects can later be subjected to changing standards after significant investments have already been made? Actions like this risk discouraging other businesses from putting down roots in Wheat Ridge and investing in our community. If this location is forced to close, Wheat Ridge will lose a valuable and heavily utilized community asset, and the city will be turning its back on a local business that has worked to comply with the requirements placed before it. I strongly encourage the city to work collaboratively toward a reasonable solution that allows this business to continue serving the community. Scott Galloway May 7, 2026 ∙ 7:45am I live down the street south of 43rd and have heard the dryers running during the day and that's living a block away. I can't imagine what it's like being right next door. The car wash is very disruptive to the neighborhood especially at all hours. In my opinion the neighborhood was here first and the business should fit in whether it be limiting hours of operation or closing bay doors to silence the noise or both preferably. Eric Greer May 7, 2026 ∙ 6:13am Autowash is more than just a business, it's a community. The team at Autowash has always been dedicated to clean, updated and great facilities. The location at Lakeside transformed the community and we hope to see other businesses transform over time as well. Stapleton/Northfield as an example of a run down city looks impeccable now, businesses including autowash work very hard to maintain a clean and awesome facility for enthusiasts such as myself. Autowash has always been about the culture of the car community and its commitment to do better, has been at the top of their priorities. I ask that you step back and let Autowash continue to service the Lakeside area and continue to see the positive image the company brings. We've got to stop living in a culture that is ran negatively by a handful of people that complain or report businesses and stand up to those and put an end to the negative changes this world has come to in recent years. Thank you for your consideration. Reed Matthew Goede May 6, 2026 ∙ 8:57pm Where do I start? This is one of the best AutoWash locations in Town. There is no doubt this location adds value to the surrounding area! In our current climate, water is a precious resource. This location recycles and helps eliminate wasted water. It sounds like they have spent extensive time and resources into ensuring this facility would comply with all regulations and neighboring desires. This location is extremely beneficial and to see it not be allowed to operate is extremely disappointing. Please support Local, and not regulate them to death! Keegan Remsen May 6, 2026 ∙ 8:37pm Page 37 of 51 This is the nicest carwash in the area and I was sad when it closed down last year. Noise complaints for an all enclosed automatic carwash is interesting. I’m not sure Autowash could have done anything better when building this carwash as far as noise levels go. Amru Ashour May 6, 2026 ∙ 8:12pm As an Autowash, customer, I can confidently say that they are committed to creating a wonderful experience for everybody. As a frequent visitor of their many locations, I can, without a doubt say that they are always listening to critiques and concerned citizens. The city is unfairly targeting them, and backing out of their approved agreements Aaron Pilcher May 6, 2026 ∙ 7:49pm My Dad and I share a membership for all-out cars at Autowash and are huge fans of the company. They’ve consistently gone above and beyond to provide excellent customer service, maintain clean and welcoming locations, and invest in high-quality technology that truly stands out from other car wash companies. Their attention to detail — from advanced water filtration systems to the overall customer experience — clearly shows they care about both their customers and the community. Colorado is lucky to have a local company like Autowash. Not every car wash appeals to people who genuinely care about their vehicles, but Autowash has built a reputation that car enthusiasts and everyday drivers alike trust and appreciate. I honestly believe in the company so much that I would buy stock in them if they were publicly traded. It’s disappointing to see them being treated unfairly when they have spent years building a respected business that serves the community well. I strongly support Autowash and hope the City allows them to continue operating and expanding. Businesses that invest in quality, innovation, and customer care like this should be encouraged, not pushed aside. Israel May 6, 2026 ∙ 6:43pm Keeping The AutoWash open is important not only for the customers who rely on it every day, but also for the surrounding community that has benefited from the positive changes it brought to the area. Before The AutoWash opened, the property was occupied by an older car wash that had become neglected and was widely associated with criminal activity, vandalism, loitering, and homelessness-related issues that made nearby residents and businesses feel unsafe. The abandoned appearance of the previous property hurt the image of the neighborhood and discouraged investment and customer traffic in the surrounding area. Since replacing the former business, The AutoWash has helped transform the location into a cleaner, safer, and more professional environment that serves a real purpose for the community. A functioning car wash is more than just a convenience; in an area where many residents depend on their vehicles for commuting to work, transporting family members, and daily responsibilities, access to an affordable and reliable car wash is a practical necessity. Page 38 of 51 Clean vehicles also contribute to community pride and help maintain a more welcoming appearance throughout the neighborhood. Unlike the previous property, The AutoWash operates as an active business that attracts paying customers, and increases activity from responsible members of the community. This type of legitimate business presence naturally discourages criminal behavior and reduces opportunities for illegal activity that often occur around abandoned or poorly maintained properties. In addition, The AutoWash contributes to the local economy through taxes, employment opportunities, and support for nearby businesses that benefit from increased traffic in the area. Closing the business could risk allowing the property to once again fall into neglect, reopening the door to the same problems the neighborhood previously struggled with for years. Residents and business owners have already seen firsthand how quickly an unmanaged property can become a hotspot for crime and disorder, and many people recognize the improvements that came after The AutoWash took over the location. Businesses that invest in maintaining their property, improving safety, and providing useful services should be supported because they play a major role in stabilizing neighborhoods and encouraging future development. The AutoWash has shown that it can successfully operate in a way that benefits the community while replacing a property that once created fear, frustration, and negative conditions for the area. Rather than removing a business that has contributed positively to the neighborhood, community leaders and residents should work together to support businesses like The AutoWash that offer services people genuinely use. Keeping The AutoWash open would continue the progress already made in the area and help ensure the property remains a productive and positive part of the community instead of returning to the harmful conditions that existed before its arrival. Mitch Cox May 6, 2026 ∙ 4:34pm My family and I started going to the Lakeside Walmart, Goodwill, and Molly’s when this Autowash opened up. Since we have a subscription, it’s an easy and fun family outing hitting all the locations, especially since this location is brand new with state of the art equipment. Unfortunately, since we live in the Golden area, there is little reason for us to continue shopping in this area if this Autowash location is forced to be shut down. Also seems like quite a waste to shut that invested so heavily in the community, and was approved to do so. Liat Fuller May 6, 2026 ∙ 12:48pm My family and I have utilized Autowash services for nearly a decade, and can first-hand acknowledge that Autowash takes pride in their renovations, remodels, and new builds. While this site was once vacant and neglected, today - it is clean, maintained, well lit, and actively serving the community. What stands out to me is that Autowash has continued making adjustments in response to concerns that were raised. Reduced hours, sound mitigation efforts, and continued investment into the property show there has been a genuine effort to work alongside the City and surrounding neighborhood. I Page 39 of 51 also think it’s important to recognize the positive impact local businesses have on employees, families, and the community around them. Businesses willing to invest in aging properties, create jobs, and continue adapting when concerns arise should be encouraged to keep finding solutions. I hope the City considers the improvements made to the property and the broader community impact before making a final decision regarding the permit. Travis H May 6, 2026 ∙ 12:28pm Watching this situation unfold has honestly been tough because I was using the Lakeside location long before I even worked for Autowash or really knew much about the company. I always thought it was a great wash and a really nice addition to the area, especially compared to how the property used to look. Now after working here, I’ve gotten to see firsthand how much effort has actually gone into trying to make this location work for everyone and how kind and considerate the owners really are. When concerns were raised, the company didn’t ignore them or just do the bare minimum. They spent a serious amount of time and money making adjustments, reducing noise, changing operations, and trying to be respectful to the neighborhood. I live closest to this location so it’s still the one I use all the time, and I’d genuinely be really sad to see anything happen to it after all the effort that’s been put into making it work. I’m proud to work for a local Colorado company that genuinely cares about its employees, customers, and the communities it’s part of, and I hope the city takes all of that into consideration. Eddy Lin May 6, 2026 ∙ 10:42am As a nearby Denver-area resident, I strongly support allowing Autowash @ Lakeside to remain in operation and believe the Special Use Permit should be upheld. This site was previously a long-neglected, deteriorating carwash that created ongoing issues for the surrounding community. Its redevelopment into a clean, modern, and well-maintained facility is clearly an improvement for the neighborhood and the surrounding area. The overall condition of the property has made the area feel safer and more welcoming for all. Just as important, this project followed the full approval process established by the City. It received the necessary approvals based on the determination that it would not create impacts beyond what zoning allows. Changing course after the fact raises concerns about consistency and fairness in how approved projects are treated. Since opening, Autowash has demonstrated a willingness to listen and adapt. The company has made multiple efforts to address concerns, including investing significant resources into sound mitigation, modifying equipment, reducing operating hours, and even closing one wash bay indefinitely. These are meaningful, good-faith actions that show a commitment to being a responsible neighbor. No business operates with zero impact, especially in a commercial zone. The question should be if reasonable steps have been taken to mitigate concerns, and in this case, Autowash has shown it has. This situation is not just about one property. It reflects how the City supports local Page 40 of 51 businesses that follow the rules, invest in the community, and respond to feedback. Autowash has done all of these following. I encourage the City Council to uphold the Special Use Permit and allow Autowash @ Lakeside to continue operating. Thank you for your consideration and for supporting fair and consistent decision-making in our community. Logan J May 6, 2026 ∙ 10:19am Autowash is a local business built by Coloradans who genuinely care about the service they provide, those who keep it running, and the community they serve, as opposed to conglomerate corporations that only care about profits and shareholder value. It would be such a shame for the people of Wheat Ridge and others in the Western Denver region to lose such a convenient location. It's also uncommon to have access to a touchless car wash that doesn't damage your vehicle's paint like a typical brush wash. The company has gone above and beyond to accommodate the demands of a small group of people who had plenty of time prior to the build of the wash to voice their concerns. The owners have made changes to their operation and invested hundreds of thousands of dollars to install new equipment all to appease a few unreasonably entitled people. Allowing Autowash to continue operating in this location is an opportunity to support a beneficial local business that provides a valuable service to the community. Seth C. May 5, 2026 ∙ 4:56pm Love this location and its services. So convenient and well maintained. An instant improvement compared to the old worn down wash that was there before. Not to mention the company is entirely local which is what we should be supporting in our neighborhoods. We should find solutions to keep a local business running not finding reasons to shut it down. Really sad if the neighbors aren't willing to compromise. Richard Bates May 5, 2026 ∙ 1:58pm Every town in Colorado needs a car wash with everything that gets on your vehicle here winter or summer. Autowash is one of the best there is for a touch less wash. They keep there Autowash facilities clean and in tip top shape for there customers. Any town should be glad to have them in it for the convenience it offers to the people that live there. Teri Bates May 5, 2026 ∙ 1:52pm Autowash is the best car wash available. Their facilities are attractive, well maintained and an important addition to every city they are in. Autowash is far superior being brushless and the best wash for every car. Every good business adds to the cities they are in and should be supported. This is important to everyone who wants fairness to Page 41 of 51 operate this and all businesses. Autowash is a much needed business in this city and all others where they are located. They deserve your support. Brandon May 5, 2026 ∙ 1:26pm I’m writing as a loyal customer and community member to express my full support for allowing this car wash to continue operating at its current location. This business has consistently shown that it cares about the neighborhood, its customers, and its long-term presence in our community. When concerns were raised about noise, they didn’t ignore them—they invested in real upgrades, including soundproofing and noise-reduction measures, to ensure they remain a respectful and responsible neighbor. Local businesses like this one are part of the fabric of our community. They provide jobs, convenience, and reliable service, and they’ve shown a willingness to listen, adapt, and improve when issues arise. The steps they’ve taken demonstrate good faith and a genuine commitment to addressing the concerns of nearby residents. Given the improvements already made and their ongoing efforts to operate responsibly, I believe they’ve earned the opportunity to continue serving the community at their current location. I hope the city recognizes the value they bring and supports their ability to remain open. Zachariah DelGado May 5, 2026 ∙ 12:44pm I love this location especially when the Old Town Arvada location has multiple cars lined up. The Lakeside location has saved me so much time. I work graveyard shifts and I wash my car before going to work at 11pm and it’s the only location that isn’t flooded with other cars. Nathan Luebbehusen May 5, 2026 ∙ 12:13pm Small and local businesses like Autowash are the lifeblood of our greater Denver neighborhoods. As a car enthusiast who’s experienced dozens of car wash brands, Autowash stands head and shoulders above the run-down self-service washes and the low quality corporate automatic washes. If you’re going to impose burdensome approval processes for local businesses, the LEAST you can do is keep your word that these expensive regulatory hoops allow for the continued operation of a great business. You are our employees, not our overlords. Christopher R Stapor May 5, 2026 ∙ 12:07pm While I don't live in Wheat Ridge, I am an Autowash employee. And I'm very happy to be an Autowash employee. Autowash is a local 'mom and pop' operation that has not only brought a wonderful service to the greater Denver/Front Range area, it is also the source of many of our livelihoods. Furthermore, even though I've only been part of the team for about a month now, I have to say, this business is run with consideration, integrity, and Page 42 of 51 compassion. And I've worked for a lot of local businesses that can't say that. It is, quite frankly, a blessing to find a company that believes in its mission and, more importantly, its people. And the communities in which it operates. I believe in democracy, and the process of self-determination. My hope is that the local citizens will see the good-faith efforts Autowash has put into ameliorating the concerns they have addressed. Thank you for listening to my perspective. I wish you all nothing but the best. Donald Trump May 5, 2026 ∙ 11:15am Stop harming small business! MAGAtards have already made life hard enough! (Comment reproduced verbatim as submitted; language reflects the commenter’s submission.) Lee Burris May 5, 2026 ∙ 10:49am As the husband of an Autowash employee, I’ve followed the developments at the Lakeside site closely. I’ve been impressed—and frankly, surprised—by the length the company has gone to accommodate the neighbors, spending over half a million dollars on improvements and sound walls. It’s rare to see a business act with that much integrity. My wife’s livelihood depends on this location, and I believe Wheat Ridge is better off with a business that is this committed to following the rules and improving the neighborhood. Veronica Burris May 5, 2026 ∙ 10:46am As an employee, I’ve seen firsthand how much effort and money Autowash has put into being a good neighbor. We didn't just ignore the noise concerns; the company spent over half a million dollars on sound walls and equipment upgrades to make things right. It’s rare to see a business go to these lengths to cooperate with the city and residents. We want to be here, and we’ve proven we’re willing to do the work to fit in. Working at Autowash is more than just a job to me. I take pride in providing a quality service to our customers and we take pride in keeping our site in top shape. Seeing the City consider revoking our permit is disheartening because we’ve followed every rule and jumped through every hoop asked of us. Our customers love going there, and I love working here. Losing this location would be a loss for the employees and the many residents who rely on us. Amanda von Kleist May 5, 2026 ∙ 6:58am I am writing in strong support of Autowash and asking the City of Wheat Ridge to please consider what this business truly means to the families and community around it. My husband works for Autowash, and his job there helps provide for our family. Like so many local employees, this is not just a business to us. It represents stability, security, and the ability to care for the people we love. Autowash has also shown that it cares about this community in ways that go far beyond washing cars. They have supported Page 43 of 51 charitable causes like The Joshua School, a Colorado school for children with autism and developmental disabilities. This is deeply personal to me because our special needs son attends The Joshua School. As a parent, I know how important community support is for families raising children with special needs, and it means so much to see a local company choose to give back in that way. Autowash is a family-owned business that employs local people, supports local families, and contributes to organizations helping some of the most vulnerable members of our community. Taking away their permit would not just hurt a company. It would hurt employees, spouses, children, and families who depend on those jobs. It would also send the message that a business that has invested in this community is not valued here. Please consider the human impact of this decision. Autowash has been a positive force for many families, including mine, and I hope they are allowed to continue serving Wheat Ridge. Dylan von Kleist May 4, 2026 ∙ 1:20pm Autowash has been a meaningful part of my life, both professionally and personally. I’ve had the opportunity to grow within the company, take on more responsibility, and build a career while supporting my family. That’s not something I take lightly. The actions being considered by the City of Wheat Ridge put at risk a company that has provided so much to me and many others. What makes Autowash different is that it’s a family-owned and operated Colorado business. Every location is here in Colorado, and there is a real commitment to investing in the communities we serve. Decisions are made by people who are involved, accessible, and genuinely care about doing things the right way. This is not an out-of-state company moving in as so many other car washes are. It was founded in Denver and has grown over more than a decade as a local family business right here in Colorado. In my role, I’ve been fortunate to be part of community outreach efforts supporting causes like breast cancer research, food banks, disabled veterans, programs for children with autism, and animal rescue organizations. Autowash has consistently given back to the communities it operates in, and that matters. Beyond that, Autowash operates at the forefront of technology and conservation—values that are core to Colorado. The company continues to innovate and improve, representing the kind of entrepreneurial spirit that helps put local businesses on the map. From my perspective, this is a business that followed the process, received approval through the proper channels, and then continued to invest significant time and resources to meet evolving expectations. That level of effort should matter. Autowash provides real value. Not just as a service, but as a local employer and community partner. I’m proud to be part of it and hope to continue building my future here. I respectfully ask that you consider the full picture and allow Autowash to continue operating the Lakeside location. Thank you for your time and consideration. At 8:50 p.m. Mayor Stites declared a ten-minute recess. Mayor Stites called the meeting to order at 9 p.m. Staff Closing Remarks Page 44 of 51 Director Mikulak stated that a special use permit is not a one-time entitlement disconnected from future operations. She reiterated that the code does not provide the Director with the authority to require site improvements to mitigate impacts—that authority rests solely with Council. She stated that voluntary changes have not sufficiently mitigated impacts, that enforcement is not a permanent management strategy, and that after more than a year of efforts, concerns have persisted. She indicated that the car wash does not comply with applicable noise limits under all conditions, that professional mediation was offered and declined, and that additional conditions are necessary to provide operational clarity consistent with the original SUP criteria and application. Autowash Closing Remarks Attorney Peckler thanked Council and the public for their testimony. He acknowledged the sincerity of neighbors' concerns and stated that the data does not show sound levels equivalent to a jet engine—that sound is improving and further mitigation may be possible. He asked Council not to cut off the 18-month collaborative process by imposing permanent conditions at this hearing, stating that doing so would eliminate flexibility to find new solutions and lock in conditions without knowing whether they will achieve the desired standard. He reiterated that Autowash's request for "no action" means no permanent conditions on the SUP, not the absence of further noise mitigation efforts. He requested the opportunity to review the mitigation materials submitted by the neighbors and indicated openness to continued engagement. Council Questions Councilmember Okada asked about the basis for the trash can condition. Director Mikulak confirmed it was based on periodic staff observation of overflowing receptacles at the vacuum stations, a lesser concern than the noise issues but included as a site maintenance expectation. Councilmember Okada also confirmed that professional mediation was offered and not accepted by either party. He asked Auto Wash about the decision to close the fourth bay; Mr. Dreeszen explained it was based on sound study data showing that operating with only three bays brought measurements within the then-understood standard. Councilmember Okada asked Autowash about the apparent incongruity between claiming to operate the quietest car wash in the country while community noise complaints persist; Mr. Dreeszen acknowledged the difficulty in reconciling those positions given that measurements show approximately 55 dBA at the property line, and expressed concern about the lack of a fixed, agreed-upon standard. Councilmember Quinn asked whether the car wash had violated the noise ordinance. Director Mikulak confirmed there had been measurements over the past year that violated the noise ordinance. On the applicable standards, City Attorney Renaud clarified that the city's noise code decibel limits apply only to industrial properties; for residential and commercial properties, the city's code applies to a reasonableness standard. The Page 45 of 51 state statute, however, establishes binding statewide noise limits—55 dBA daytime and 50 dBA nighttime for residential; 60 dBA daytime and 55 dBA nighttime for commercial—and those standards take precedence. On the applicability of the Hobbs v. City of Salida decision, Attorney Renaud noted that the case involved an outdoor amplified sound permit, which is factually distinct from this matter; however, he stated most municipal practitioners read it as signaling that future cases will hold that statewide noise standards trump conflicting local enactments. Councilmember Quinn also noted that the two sound studies in the packet—one by Wave Engineering (retained by Autowash) and one by EDI (commissioned by the City)—reached different conclusions. Director Mikulak confirmed they were performed by different consultants under different methodologies and conditions and that this variability is part of why she moved away from relying solely on sound studies and toward the special use permit enforcement framework. Councilmember Ohm asked how state law addresses shooting-range noise. City Manager Goff explained that state statute grants shooting ranges use-by-right protection and prevents lawsuits from property owners who moved in after a range was established. Councilmember Ohm noted that the approved site plan showed two “do not enter” signs on the Gray Street access and asked whether the City authorized their removal. Director Mikulak stated she did not know and would follow up. Referencing staff’s statement that the Gray Street access was intended as exit-only, Councilmember Ohm asked whether that access could be closed. Director Mikulak confirmed it must remain at least an exit and also serve as required fire access. Councilmember Ohm asked whether staff reasonably relied on the application’s depiction of closed bay doors as representing typical operations. Director Mikulak confirmed that staff did rely on that representation. Councilmember Ohm then asked whether dryers or blowers were referenced in the special use permit application, project narrative, or criteria. Director Mikulak stated she could not locate those terms in the special use permit materials and noted they would more likely appear in the building permit application. Councilmember Snell asked whether the prior car wash at the location ever had blowers or dryers. Director Mikulak stated she believed the automatic bay added in 2015 may have, but the four open self-serve bays did not. She also asked the fence's composition. Dreeszen confirmed it consists of steel framing, three-quarter-inch plywood, and one- and-a-half-inch polyurethane foam, selected based on density specifications recommended by the sound engineer, constructed on a two-foot berm, making the effective height approximately eight feet from the site's grade zero. Councilmember Wood asked whether standard modeling techniques for sound walls could be used going forward to design a barrier that would reliably achieve compliance with applicable standards. Director Mikulak confirmed that an appropriate sound engineer could design and model a more effective barrier, though it is not the city's role to develop those design solutions. Page 46 of 51 Councilmember Martell asked whether the fence could have been built taller. Dreeszen stated the eight-foot total height was what the sound engineer recommended, that it could theoretically be built taller, and that before construction Autowash asked staff whether the proposed wall would satisfy the requirement and received confirmation that it would. Attorney Peckler added that the city code allows fences up to six feet by right and that a taller fence would require a variance, which he indicated staff had historically signaled they would likely support. Councilmember Larson confirmed that the previous car wash operated as a legally nonconforming use without a special use permit. He asked about the wall along the west side, referenced in some materials; Director Mikulak stated she did not have details on that specific element. He noted the claim that the city ended collaborative discussions before the technical review was complete, citing language in the agenda packet. Director Mikulak stated there was no withholding of the city's sound study; it had simply not been provided until shortly after the city received its final version from the consultant, at which point Director Mikulak had decided to pursue a different course of action given the absence of sustained voluntary progress over 15 months. Mayor Stites asked why sound-dampening foam was installed on the interior of the bay doors if the doors are not closed during operation. Dreeszen clarified that the south-side entry doors have been closed during every wash cycle since the first enforcement action, with the sound foam applied to those doors. The north-side exit doors are left open in warm weather due to humidity and equipment protection concerns. Mayor Stites closed the testimony portion of the hearing and opened deliberation. Council Deliberation Councilmember Wood stated she was inclined toward Option 1—modification of the special use permit—as the path most likely to provide a workable outcome that allows the car wash to continue operating while addressing community impacts. Councilmember Larson also supported Option 1 and recommended: retain (a) with refinement; retain (b); remove (c) and (d); retain (e); and revise (f) to allow periodic, random, non-announced monitoring, with City-initiated studies required after operational changes. Councilmember Okada expressed agreement with Councilmember Larson's framework and proposed a modification to Condition A specifying that bay doors may be open when no vehicle is actively in a wash or dry cycle, clarifying that the restriction applies only during active use of a bay. He also proposed limiting City requests for sound monitoring under Condition F to no more than twice per calendar year. Page 47 of 51 Councilmember Ohm supported Option 1 with all conditions, including the bay-door requirement, unless Autowash demonstrates additional mitigation that would allow doors to open. He supported the twice-per-year limit. Councilmember Quinn stated he had initially favored revocation but was persuaded otherwise by the public testimony. He stated he would support Option 1 but expressed concern about certain actions taken by Auto Wash during the process that he felt were inconsistent with the stated commitment to operating in good faith. Councilmember Snell supported Option 1 with the doors open only when no active wash or dry cycle is occurring, supported removing the signage condition, and supported the twice-per-year sound monitoring limitation. Councilmember Martell supported Option 1 and suggested expanding (E) to explicitly reference the reasonableness standard in Section 16-103. She also expressed concern that twice-per-year monitoring may be insufficient initially. Councilmember Okada also noted that adding "reasonableness" to Condition E could reintroduce the very interpretive ambiguity that had complicated the process to date, given Autowash’s concern about a shifting standard. He indicated comfort with the existing language given the City Attorney's explanation of the existing statutory definitions. Attorney Renaud advised on Condition E, noting that the reasonableness standard is already inherent in the reference to Section 16-103, which defines unreasonable noise through several specific sentences, and cautioned against adding a shorthand reference to “reasonableness” that might be interpreted out of context. Councilmember Martell accepted this clarification and indicated she could support Condition E as written. Councilmember Wood proposed additional language for Condition E that would require compliance to be achieved through identified operational or physical mitigation, as determined through modeling, so as to ensure a proactive path to sustained compliance rather than reactive monitoring. Councilmember Larson expressed some skepticism about the additional specificity, and the proposal was discussed but not incorporated into the final motion. On the frequency of sound monitoring under Condition F, Councilmember Martell and Councilmember Snell both suggested that more than twice annually might be appropriate in the near term given recent violations. Councilmember Okada reiterated that given the cost and logistical complexity of obtaining sound studies and the existing limitation to city-requested measurements, twice annually is appropriate and potentially frequent enough on its own. Page 48 of 51 Attorney Renaud summarized the emerging consensus as a motion to adopt Option 1 with the following modifications: Condition A limited to requiring all bay doors remain fully closed during all wash and dry cycles (removing the second sentence from staff’s draft); Condition B retained as written; Condition C removed entirely; Condition D retained as written (note: subsequently amended out); Condition E retained as written; and Condition F revised to limit city requests for sound monitoring to no more than twice per calendar year, and directing the City Attorney to prepare written findings for the next regular council meeting. A friendly amendment was raised by Councilmember Okada to remove Condition D (site maintenance and trash cans) from the motion. Motion to amend: Councilmember Quinn Second: Councilmember Okada Vote: 7 ayes; 0 nays Amendment to remove condition D carried. Council voted on the motion as amended Motion to adopt Option 1 — modification of the Special Use Permit — with the following conditions: (a) Bay Doors Closed: All bay doors (north and south) shall remain fully closed during all wash and dry cycles. Doors may be opened only for vehicle entry and exit. (b) Hours of operation limited to 7:00 a.m.–8:00 p.m. (c) On-Site Signage: The operator shall install and maintain signage in visible locations requesting that customers minimize noise, including prohibiting amplified music while on site. (d) Site Maintenance: The operator shall install and regularly service trash cans which are appropriately sized to accommodate trash deposited by customers without the potential for overflow. (c) (e) Operation shall comply with all applicable noise standards, including CRS 25-12-103 and Section 16-103 of the Wheat Ridge Code of Laws. (d) (f) Monitoring: Upon request of the City made not more than twice in each calendar year, the operator shall conduct and submit sound measurements prepared by a qualified professional to demonstrate compliance. Such requests may be made under circumstances that include but are not limited to, equipment changes, operational changes, or recommissioning of the eastern bay. Page 49 of 51 The City Attorney’s Office was directed to prepare written findings consistent with this decision for consideration at the next regular meeting. Motion: Councilmember Ohm Second: Councilmember Quinn. Vote: 7 ayes; 0 nays Motion as amended carried Motion as amended and adopted: (a) Bay Doors Closed: All bay doors (north and south) shall remain fully closed during all wash and dry cycles. (b) Hours of operation limited to 7:00 a.m.–8:00 p.m. (c) Operation shall comply with all applicable noise standards, including CRS 25-12-103 and Section 16-103 of the Wheat Ridge Code of Laws. (d) Monitoring: Upon request of the City made not more than twice in each calendar year, the operator shall conduct and submit sound measurements prepared by a qualified professional to demonstrate compliance. Such requests may be made under circumstances that include but are not limited to, equipment changes, operational changes, or recommissioning of the eastern bay. The City Attorney’s Office was directed to prepare written findings consistent with this decision for consideration at the next regular meeting. ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS, AND MOTIONS None. CITY MANAGER'S MATTERS City Manager Goff requested consensus from the Council to send a letter to West Metro Fire District, co-signed with the cities of Lakewood and Edgewater, ahead of the fire district's board meeting the following day. He explained that West Metro Fire District and South Metro Fire District are both considering sales tax ballot increases this November. Because sales tax is the city's primary revenue source, the letter would encourage West Metro to explore alternatives, such as a property tax increase—similar to the approach that South Metro Fire District ultimately took after engagement from Page 50 of 51 neighboring cities. The City Manager noted that the City of Edgewater had drafted the letter for signature by the respective mayors. Consensus granted by the Council to send the letter to West Metro Fire District. CITY ATTORNEY'S MATTERS Attorney Renaud noted that the direction to prepare written findings consistent with the Council's decision on the Lakeside Autowash SUP was incorporated as part of the motion, and that the findings would be brought before the council at the next regular meeting. ELECTED OFFICIALS' MATTERS Councilmember Okada reported attending the Red Rocks Community College graduation on Saturday alongside Councilmembers Ohm, Larson, and Wood. He also announced that he and Councilmember Larson would be hosting a district meeting at the historical society the following Saturday from 9:00 a.m. to noon. Councilmember Larson expressed appreciation for the Red Rocks graduation. He reported attending the Wheat Ridge Business Association meeting the previous Tuesday, where City Manager Goff presented the State of the City. He also attended the O’Reilly Auto Parts ribbon cutting on Friday morning. Later in the week, he traveled to Pueblo for the National Association of Housing and Redevelopment Officials Colorado Chapter 2026 Annual Conference, where he moderated a panel featuring Wheat Ridge Senior Housing Planner Shannon Terrell on the Ridge Road foothills regional housing project connected to the Red Rocks Community College nursing campus. Councilmember Ohm reflected on the Red Rocks Community College graduation, noting the inspiring remarks by President Landon Curry and the community built among students. He shared that his son, along with two friends made in sixth grade, are graduating and all three are attending Western Colorado University together. Councilmember Wood also commented on the Red Rocks graduation. She announced that she and Mayor Pro Tem Hultin would be attending the Civic Canopy Summit in Colorado Springs on Thursday and Friday—a conference focused on civil discourse and constructive dialogue in a polarized environment. Councilmember Quinn congratulated Steve Art on his retirement, noting an official retirement party had taken place that day. He thanked members of the public who testified at tonight's meeting. He also noted the concert at the Green on 38th Avenue on Friday evening and the block party at Esters Gold’s Marketplace on Saturday. Page 51 of 51 Councilmember Martell reported attending her nephews' graduation in Kansas over the weekend and the Action Center Western Gala fundraising event the previous week. She reminded the public of an upcoming movie at the Green on Friday evening. Councilmember Snell recognized the neighbors who attended tonight's hearing and expressed appreciation for the council's collaborative deliberation. She announced that she and Councilmember Martell would hold office hours the following morning at Ann's Pie Cafe from 9:00 a.m. to 11:00 a.m. and that regular office hours would resume on the first and third Tuesday of each month going forward. Mayor Stites thanked attendees for their respectful conduct. He noted City Manager Goff’s State of the City presentation at the Wheat Ridge Business Association meeting, the O’Reilly Auto Parts ribbon cutting, and the second round of Wadsworth Business Grant Program awards, which distributed $42,000 to local businesses. He commended the Parks and Recreation Department—particularly Beth June—for the first Concert on the Green, featuring 14-year-old DJ Kai White and drawing strong attendance alongside the Stevens Elementary School carnival. He reported handing out Wheat Ridge T-shirts to graduating kindergarteners at Peak Elementary School. He also highlighted the Public Works Open House scheduled for the following day from 3:00 to 7:00 p.m. at the Public Works facility. Mayor Stites noted there would be no City Council meeting on May 25, 2026, in observance of Memorial Day, with the next meeting scheduled as a study session on June 1, 2026. ADJOURNMENT There being no further business to come before Council, Mayor Stites adjourned the May 18, 2026, City Council Special Meeting at 10:25 p.m. _________________________________________________ Rachel Hultin, Mayor Pro Tem __________________________________________________ Onorina Z. Maloney, Senior Deputy City Clerk PROCLAMATION NATIONAL LGBTQ+ PRIDE MONTH JUNE 2026 WHEREAS, the City of Wheat Ridge cherishes the value and dignity of each person and appreciates the importance of equality and freedom; and WHEREAS, all are welcome in the City of Wheat Ridge to live, work, play, and every family deserves a place to call home where they feel safe, happy, and supported by friends and neighbors; and WHEREAS, the City denounces prejudice and unfair discrimination based on age, gender identity, gender expression, race, color, religion, marital status, national origin, sexual orientation, or physical attributes as an affront to our fundamental principles; and WHEREAS, during Lesbian, Gay, Bisexual, Transgender, Queer (LGBTQ+) Pride Month, we reflect on the progress we have made as a nation in the fight for justice, inclusion, and equality while reaffirming our commitment to do more to support LGBTQ+ rights; and WHEREAS, today, the rights of LGBTQ+ Americans are under relentless attack and many of these individuals continue to face discrimination and cruel, persistent efforts to undermine their human rights; and WHEREAS, despite being marginalized, LGBTQ+ people continue to celebrate authenticity, acceptance, and love; and WHEREAS, we appreciate the cultural, civic, and economic contributions of the LGBTQ+ community which strengthen our social welfare. NOW THEREFORE BE IT RESOLVED that I Korey Stites, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council do hereby declare the month of June 2026 as LGBTQI+ PRIDE MONTH And we honor the resilience of the LGBTQ+ people who are fighting to live authentically and freely, we reaffirm our belief that LGBTQ+ rights are human rights, and we recommit to delivering protection, safety and equality to LGBTQ+ families so that everyone can realize the full promise of America. IN WITNESS WHEREOF, On this 8th day of June 2026. Janeece Hoppe, City Clerk Korey Stites, Mayor ITEM NUMBER: 1a DATE: June 8, 2026 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 27-2026 TITLE: A RESOLUTION AMENDING THE 2026 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $96,000 FOR THE PURPOSE OF EQUITY AUDIT SERVICES ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: At the direction of City Council, Staff is requesting approval of a budget supplemental of $96,000 to complete an internal equity audit. PRIOR ACTION: • October 27, 2025: During the City Council meeting, following the adoption of the 2026 Budget, Councilmember Snell requested that staff return at a future study session to discuss an equity audit. Consensus was provided by City Council. • January 4, 2026: Staff presented information on a proposed equity audit and received consensus from City Council to return with a contract and budget supplemental for the agreed-upon scope. FINANCIAL IMPACT: These funds have not been appropriated in the 2026 budget. This resolution will amend the budget to appropriate the funds in the General Fund in the amount of $96,000 for equity audit services. BACKGROUND: Following the adoption of the 2026 budget, Councilmember Snell proposed that staff look into completing a City equity audit to gain a greater understanding of IDEA-related gaps within the City and asked for City Council support to bring this topic back to a future Council Action Form – Equity Audit Budget Supplemental June 8, 2026 Page 2 study session for discussion. Consensus was provided by City Council. An equity audit is a systematic examination of the City’s policies, practices, and culture to identify disparities and biases that may be affecting certain groups of employees or community members. Additionally, an equity audit would provide a comprehensive understanding of the City’s equity landscape, identify areas for improvement and “blind spots”, and inform strategies for promoting greater equity and inclusion. It can help identify inequities, benchmark best practices, and create a roadmap to facilitate change. Oftentimes, equity audits involve key stakeholders, ensuring all groups are heard and are involved in identifying issues and finding solutions. Equity audits traditionally involve taking a close look at policies and procedures, the decision-making process, representation and diversity, support and access, and Human Resource practices. In January 2026, staff presented a draft scope of work to City Council, and received feedback and consensus to move forward with the following details to include in a request for proposals, and to return with a contract and supplemental budget request for the agreed-upon scope: 1. Evaluation Collect, organize, review, analyze, interpret, and assess policies, programs, and practices that directly or indirectly impact City staff and residents regarding their race, ethnicity, gender, national origin, color, disability, age, sexual orientation, gender identity, religion, or other socio-culturally significant factors. The equity audit will include the review of the following, but not limited to: • City policies, practices and training (including Personnel/Human Resources) • Organizational structure • Protocols • Communications • City staff demographics (compared to peer agencies and the most recent census) • Community engagement 2. Equity Audit Report and Presentations Prepare formal presentation of findings to stakeholders including City Council, City Staff, and the Community. The data should be comprehensive and identify the current state of the organization, and any organizational trends. 3. Recommendations Develop a final report of recommendations and insights including the equity audit evaluation data. This report should identify strengths, gaps, and best practices for the desired level of IDEA success; establish a baseline from which to measure and benchmark progress; determine IDEA priorities, strategies, objectives, programs, and initiatives; ascertain aspects of employees’ experience and where attention should be Council Action Form – Equity Audit Budget Supplemental June 8, 2026 Page 3 focused in the future; and pinpoint policies, programs, and practices that may be inhibiting IDEA success in key organizational areas. Following the request for proposal process, Staff received 11 proposals and selected UPD Consulting to lead the equity audit process. The initial proposal submitted was $125,000, however, Staff and the Consultant were able to modify the scope of work to reduce the cost of services to $90,000 with an additional $6,000 set aside for travel, with the Not to Exceed amount of $96,000. The equity audit is anticipated to take four to six months, with a desired completion date of December 31, 2026. RECOMMENDATIONS: Staff recommend approval of the supplemental budget appropriation. RECOMMENDED MOTION: “I move to approve Resolution No. 27-2026, a resolution amending the 2026 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $96,000 for the purpose of equity audit services” Or, “I move to postpone indefinitely Resolution No. 27-2026, a resolution amending the 2026 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $96,000 for the purpose of equity audit services for the following reason(s) _______________________________.” REPORT PREPARED/REVIEWED BY: Carli Seeba, Manager of People and Culture Marianne Schilling, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 27-2026 2. Contract with UPD Consulting CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 27 SERIES OF 2026 TITLE: A RESOLUTION AMENDING THE 2026 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $96,000 FOR THE PURPOSE OF EQUITY AUDIT SERVICES WHEREAS, following adoption of the 2026 Budget, City Council expressed interest in conducting an internal equity audit to better understand IDEA-related gaps within the City, including policies, practices, and organizational culture; and WHEREAS, at the October 27, 2025 City Council meeting, Council reached consensus directing staff to return with additional information regarding an equity audit; and WHEREAS, at the January 4, 2026 City Council Study Session, staff presented a proposed audit scope and received consensus to return with a contract and a supplemental budget appropriation request; and WHEREAS, staff conducted a competitive request-for-proposals process, receiving 11 proposals, and subsequently selected UPD Consulting as the preferred vendor; and WHEREAS, staff negotiated a final not-to-exceed cost of $96,000, consisting of $90,000 in consulting services and $6,000 in travel; and WHEREAS, funds for this purpose were not appropriated in the adopted 2026 Fiscal Year Budget; and WHEREAS, the City Council now wishes to amend the 2026 Fiscal Year General Fund Budget to provide for this supplemental appropriation; and WHEREAS, the 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 AS FOLLOWS: Section 1. A transfer of $96,000 is hereby approved from the General Fund undesignated reserves to account 100-70704-106. ATTACHMENT 1 DONE AND RESOLVED this 8th day of June 2026. Korey Stites, Mayor ATTEST: Janeece Hoppe, City Clerk Equity Audit 26-8 THIS AGREEMENT made this Monday, June 1, 2026, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and UPD Consulting, 2526 St. Paul Street, 2nd Floor, Baltimore, MD 21218, hereinafter referred to as the “Contractor.” WITNESSETH, that the City of Wheat Ridge and the Contractor agree as follows: Article 1 - Services The Consultant will serve as the City’s Consultant and provide at a minimum all the professional services required as per 26-8-Equity Audit (Exhibit A), as more fully described in the Consultant's response to the RFP (Exhibit B) incorporated herein by reference. The Consultant agrees to perform the following services: •Develop a workplan, listening plan, sampling plan •Develop survey •Identify early actions •Survey administration, facilitate interviews and group discussions •Policy / Practice Review •Communications and Website scan •Draft Findings including baseline measures •Draft Roadmap and Monitoring Approach •Deliverable Walkthrough •Staff & Council Presentation •Draft Final Reports and Tools Package To meet the project goals fully while remaining within the $90,000 budget the consultant will modify the scope in the following ways: •A leaner staffing model: a core delivery team of Philip Jacobs (PM/facilitation), Sherry Jackson (senior lead/facilitation and synthesis), and Ian Brown (survey/analysis), plus design/production support for report/deck clarity. •A more consolidated listening approach that stays meaningful: including a mixed-method listening campaign (survey, targeted interviews, group discussions), the team will reduce the overall number of sessions and which interviewees are prioritized, reduced duplication across sessions. •Survey to ensure broad reach, then seek a smaller set of well-selected interviews/groups to deepen and validate themes. •More targeted review vs. “review everything” prioritizing the policies, practices, and communications most connected to staff experience and the themes emerging from listening, rather than trying to cover every possible artifact with the same depth. ATTACHMENT 2 • Tighter synthesis and review cycles: we’ll build in clear review points (workplan/instruments, interim themes, draft findings, final) and keep feedback windows disciplined so time isn’t lost in multiple rounds of rework. Article 2 - Term The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Consultant has been authorized to proceed by the City. This agreement is intended to extend the length of the engagement and is not eligible for renewal. Services shall be completed no later than December 31, 2026, unless extended by mutual agreement. Article 3 - Payment and Fee Schedule It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services provided, and the Consultant will accept a not-to-exceed a not-to-exceed amount of ninety thousand dollars ($90,000) as full payment for the services and an additional not-to-exceed amount of six thousand dollars ($6,000) for travel expenses related to the project. The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 20, in order to be processed in the same calendar year. 1. Invoices by Task Invoices will be submitted monthly by the Contractor for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Consultant within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. 2. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The Consultant is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. Article 4 - No Damages for Delay Pursuant to Section 2-4 of the Code of Laws, Consultant agrees to waive, release or extinguish its right to recover costs or damages, or obtain an equitable adjustment, for delays in performing this contract if such delay is caused in whole or in part by acts or omissions of the City or its agents, provided however an extension of time is the Consultant’s remedy for such delay. Article 5 - Sales and Use Taxes The City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 Article 6 - Independent Contractor In performing the work under this agreement, the Consultant acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Consultant, as an independent Contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Consultant are not and shall not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the Consultant—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Article 7 - Insurance In accordance with Article 6 above, the Contractor shall furnish a certificate of insurance upon notification of award, and prior to performance. Work shall not commence under this agreement until the Contractor has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance: Type of Insurance Minimum Limits of Liability coverage for all employees at work site. $500,000 per accident $500,000 each disease (including Premises-Operations, Independent Damage, and Contractual Liability) • Bodily Injury • Property Damage $1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. Article 8 - Indemnification The Consultant agrees to indemnify, defend, and to hold the City and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities— including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligent, acts, omissions, performance or failure of the Consultant to provide services pursuant to the terms of this agreement. Article 9 - Equal Employment Opportunity The Consultant shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Consultant shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action shall include—but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training—including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Article 10 - Charter, Laws, and Ordinances The Consultant at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. Article 11 - Law and Venue The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. Article 12 - Termination The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions—including, but not limited to re-procurement costs, insufficient or improper work. The City and the Consultant agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Consultant will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Consultant prior to the date of such termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. Article 13 - Notices Contact Information City Consultant Name: Carli Seeba UPD Consulting Office Phone: (720) 216-4999 410-361-1187 Email Address: cseeba@wheatridge.gov schen@updconsulting.com Address: 7500 W 29th Ave. 2526 St. Paul Street, 2nd Floor City, State, Zip Code: Article 14 - Assignment and Subcontractors The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this agreement, and the Consultant is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The Consultant shall be responsible for the performance of any subcontractor. Article 15 - Severability To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. Article 16 - Integration of Understandings This agreement is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Consultant. Article 17 - Disadvantaged Business Enterprises Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert this provision in all subcontracts for any work covered by this Agreement, so that it shall be binding upon each sub-consultant or subcontractor providing labor or services. Article 18 - Ownership of Contract Products All products produced from the awarded contract shall be the sole property of the City. Article 19 - Personally Identifiable Information (PII) and Open Records Act Contractors, consultants, business partners and vendors that handle, process, or work in areas where personally identifiable information may reside in hard copy or electronic records must maintain the confidentiality of all Personally Identifiable Information (PII). Violation may result in contractual penalties and termination of the business relationship with the City. In extreme cases criminal punishment under Colorado Law (C.R.S. § 24-73-101) may occur. Consultant acknowledges that the City is subject to the provisions of the Colorado Open Records Act, CRS 24-72-201, et seq., (“The Act”) and that all documents, correspondence, email messages and other communications between the Consultant and the City are subject to public disclosure under the provisions of that Act, with limited exceptions for proprietary information, business secrets, and similar information. Consultant shall identify all proprietary and confidential information on the document or communication itself. In the event the City receives a request for disclosure of such information under the Act, Consultant agrees to indemnify the City against any attorney fees and court costs incurred by the City in defending its refusal to disclose such information. Article 20 - Accessibility Consultant(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Consultant also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Consultant agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Consultant's failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Any additional costs to add accessibility features will be the obligation of the Consultant, and any addition or change to the Price Proposal will be disallowed. Article 21 - Cooperative Procurement The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). Consultants are hereby advised that any member of MAPO/CPEC is permitted to avail itself of this contract at the prices resulting from the successful award of this contract. Article 22 - 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 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: 1. Work completed on time 2. Work completed within budget 3. Work completed as per the Scope of Work 4. Future Award Recommendation SIGNATURE PAGE TO FOLLOW This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. SIGNATURE FULL NAME TITLE DATE SIGNED SIGNATURE FULL NAME DATE SIGNED TITLE SIGNATURE FULL NAME TITLE DATE SIGNED SIGNATURE FULL NAME TITLE DATE SIGNED May 26, 2026 **signature_125214** SIGNATURE Christopher Molison FULL NAME Director of Administrative Services TITLE **date_signed_125214** DATE SIGNED CITY OF WHEAT RIDGE Equity Audit (26-8) Proposal Submitted by UPD Consulting Mar 5, 2026 CITY OF WHEAT RIDGE Table of Contents Cover Letter 2 1. Firm Capabilities and References 3 2. Scope of Submission 5 3. Effective Approach and Timeline 8 4. Plan Effectiveness 10 Appendix: Resumes 13 1 CITY OF WHEAT RIDGE Cover Letter To the Selection Committee, UPD Consulting is pleased to submit our proposal to partner with the City of Wheat Ridge on its Equity Audit. UPD is a public-sector consulting firm founded in 2006 with a 14-person team supporting clients nationwide from our Baltimore office. We help public agencies close opportunity gaps by turning equity commitments into measurable, day-to-day practices that improve how organizations operate and serve their communities. Our understanding of the request The City of Wheat Ridge is seeking a consultant to conduct a comprehensive equity audit that includes: review and analysis of City policies, programs, practices, training, organizational structure, protocols and initiatives; a listening campaign using a staff survey, interviews, and group discussions; review of community engagement, internal/external communications and the City website; and a final report and presentations to City staff and City Council that establish a baseline, identify strengths and gaps, recommend IDEA priorities and strategies, and propose short- and long-term actions with monitoring and evaluation methods. What makes UPD’s approach different (and more likely to stick) Equity audits often succeed at documenting perspectives and confirming patterns, but progress stalls when the findings don’t connect to daily work. UPD’s approach is designed to prevent “report-to-shelf” outcomes. We deliver the required audit and recommendations, and we also build in implementation readiness: clear owners, a concise baseline scorecard (10–12 measures), and a small set of practical early actions that can begin during the audit period and be refined as findings emerge. We don’t assume everyone must share the same beliefs or language for outcomes to improve. We meet teams where they are, align around shared outcomes, and focus on changing routine behaviors and decisions—the places where equity becomes real. Proposed schedule (April–August 2026) Assuming a contract start around April 1, 2026, UPD will complete the audit by August 31, 2026 in four phases: 1. Launch & Audit Framework (April) 2. Evidence Review & Listening Campaign (May–June) 3. Analysis, Baseline Measures & Draft Findings (July) 4. Final Report & Presentations (August) We appreciate the opportunity to be considered. UPD would be excited to help Wheat Ridge complete a rigorous equity audit—and, just as importantly, leave the City with a clear baseline, practical next steps, and the routines needed to sustain progress. Sincerely, Sherry Jackson Executive Vice-President | UPD Consulting (410) 361-1187| schen@updconsulting.com 2526 St. Paul Street, 2nd Floor, Baltimore, MD 21218 2 CITY OF WHEAT RIDGE 1. Firm Capabilities and References 1) Company overview and history UPD Consulting is a public-sector consulting firm founded in 2006. UPD is led by an experienced management team and currently operates as a 14-person firm, with team members based across the United States and supported by a central office in Baltimore, Maryland. UPD’s working office for this project is Baltimore, with remote delivery and on-site travel to Wheat Ridge as needed. UPD does not operate under any other “doing business as” names (DBAs). 2) References for projects of similar size and scope UPD has successfully delivered equity-centered organizational assessments, strategy/action planning, and implementation support for public agencies and mission-driven organizations. Three references are provided below; each includes the owner’s project manager contact information, total contract amount, and a brief scope summary. No sub-consultants were used on these engagements unless otherwise noted. ● Massachusetts Department of Elementary & Secondary Education — Adult & Community Learning Services (ACLS) Contact: Wyvonne Stevens-Carter, Director, ACLS • (781) 338-3835 • wyvonne.stevens-carter@mass.gov Contract Amount: Approximately $350,000 per year (multi-year engagement; currently in Year 5) Scope Summary: Design and delivery of a statewide equity/anti-racism learning and capacity-building effort across an adult education provider network, including facilitation, coaching, and tools that translate learning into practice. ● City of Duluth, Minnesota Contact: Jessica Casper, Budget Manager • (218) 730-5195 • jkasper@duluthmn.gov Contract Amount: Approximately $150,000 Scope Summary: City-wide equity/DEI assessment and development of recommendations and structures to support coordinated implementation across departments. ● Safe Horizon, New York Contact: Vagnes de la Rosa, Chief of Organizational Culture & Community Engagement, Vagnes.DeLaRosa@safehorizon.org, (917) 658-5260 Contract Amount: $115,000 Scope Summary: Conduct organizational equity review and assessment. Develop strategies for prioritization that bring equity to action in day to day operations. 3) Experience overseeing and coordinating multiple, concurrent projects UPD regularly manages multiple concurrent projects across jurisdictions and client types. We use a disciplined project management approach that includes a clear workplan, milestone-based deliverables, defined roles and decision points, and regular check-ins with client leads. Internally, we maintain weekly delivery huddles to 3 CITY OF WHEAT RIDGE manage workload, track dependencies, and ensure quality and timeliness across simultaneous engagements. This structure enables UPD to deliver on schedule while maintaining consistent standards and responsiveness. 4) Familiarity with the project area and local market UPD has completed project work in Colorado and understands the regional context and operating environment for public and nonprofit partners. In 2019, UPD supported the Colorado Education Initiative (CEI) in standing up a continuous improvement process, including a measurement framework and coaching staff working with a school improvement network. While UPD’s municipal and public-sector work is national in scope, we apply a consistent local-learning approach in every engagement: rapid orientation to local context, stakeholder mapping, and alignment to the City’s existing routines and constraints. 5) MBE/WBE/DBE participation UPD is a certified Disadvantaged Business Enterprise (DBE) through the Colorado Department of Transportation. UPD’s DBE renewal is currently pending, and documentation can be provided upon request. UPD also holds MBE/DBE certifications in multiple jurisdictions across the country. 6) Insurance statement UPD agrees to provide and maintain all required insurance in accordance with the RFP requirements upon award. 7) Conflicts of interest UPD has no known relationships with the City, its employees, or other entities that would be construed or perceived as a personal or organizational conflict of interest related to this solicitation. 8) Financial stability UPD Consulting is financially stable and in good standing. Neither UPD nor any affiliates have filed for bankruptcy or reorganization under bankruptcy laws, and no such proceedings are pending. UPD has the financial capacity to perform and complete the services described in this proposal. 4 CITY OF WHEAT RIDGE 2. Scope of Submission 2.1 Team members and respective roles (including any sub-consultants) UPD proposes the following team for the City of Wheat Ridge Equity Audit. No sub-consultants are proposed at this time. ● Philip Jacobs — Project Manager: day-to-day project management, schedule control, stakeholder coordination, and facilitation support across the audit process; ensures deliverables are produced on time and in alignment with the City’s expectations. ● Jenni Greene — Principal Consultant: senior engagement lead; oversees audit design, synthesis of findings, and development of actionable recommendations; leads key facilitation moments and presentation preparation. ● Ian Brown — Senior Consultant / Analyst: leads mixed-method data collection and analysis (survey results, interview/group themes, workforce/operational inputs where available) and supports development of baseline measures and monitoring methods. ● Sherry Jackson — Executive Oversight (and facilitation support): provides senior oversight for quality and alignment; participates in key stakeholder sessions and deliverable walkthroughs, and may facilitate select meetings or workstreams as needed to ensure momentum and high-quality synthesis. Resumes for essential staff are in the Appendix section at the end of this proposal. 2.2 Resumes of essential staff (similar project experience, credentials, education/certifications, time with company) Resumes for Philip Jacobs, Jenni Greene, Ian Brown, and Sherry (Chen) Jackson are included as attachments. Each team member brings extensive experience with equity-focused organizational assessments, facilitation, and implementation planning for public agencies and mission-driven organizations. ● Philip Jacobs is a certified Project Management Professional (PMP) and has served as project manager for multiple equity assessments and strategic planning efforts, including work for Queens Public Library and the State of California Department of Human Resources. He has also supported clients such as Massachusetts DESE/ACLS, Benton County (OR), Summit County (OH), A Better Whitehaven (Memphis), and San Diego Association of Governments (SANDAG), and has worked with the Port of Seattle, Washington Department of Health, Washington State Equity Office, and Washington State Auditor’s Office. Prior to UPD (joined 2022), he served as Executive Director of Washington Employers for Racial Equity (WERE). ● Jenni Greene served as project manager for the City of Duluth (MN) engagement and currently serves as project lead for Safe Horizon (NYC) and as a project lead on Massachusetts DESE/ACLS. Jenni brings deep expertise in learner-centered design, curriculum and professional development systems, and facilitation—supporting practical, job-embedded learning and behavior change. ● Ian Brown currently supports Massachusetts DESE/ACLS, Safe Horizon (project team), the San Diego Office of Race Equity and Justice, and the Nevada Department of Education. Ian brings strong mixed-methods capability and facilitation experience, including youth mentorship and speaking, which strengthens inclusive engagement and the ability to surface real themes through listening sessions. 5 CITY OF WHEAT RIDGE ● Sherry Jackson brings 20 years of experience helping public, nonprofit, and philanthropic organizations improve performance and strengthen equitable outcomes. A founding partner at UPD, she leads the firm’s strategy and delivery in Strategic Planning, Design, and Continuous Improvement. Sherry has led district- and state-level professional learning engagements across the country focused on strengthening implementation systems—building the structures, routines, and capacity that help organizations translate priorities into measurable results. 2.3 Project manager experience and references (similar projects in the same capacity) Philip Jacobs will serve as Project Manager for this engagement. Philip has served as project manager for equity assessments and related strategic planning work for Queens Public Library and the State of California Department of Human Resources, and has supported additional public agency and civic engagements including Massachusetts DESE/ACLS, Summit County (OH), Benton County (OR), SANDAG, and others listed in his résumé. Philip brings disciplined schedule management, risk tracking, and client communication practices as a certified PMP. He also brings equity implementation experience from his prior role as Executive Director of Washington Employers for Racial Equity (WERE), strengthening his ability to manage both technical delivery and relational dynamics typical in equity audits. 2.4 Individual experience with the City or other government agencies; experience in Denver metro and Colorado UPD’s experience includes extensive work with local and state government agencies nationwide. In Colorado, UPD supported the Colorado Education Initiative (CEI) in 2019 to stand up a continuous improvement process, including a measurement framework and coaching staff working within a school improvement network. While UPD has limited direct Denver-metro project history, our team applies a disciplined “local learning” approach in each engagement: rapid orientation to City context and priorities, stakeholder mapping, and alignment to the City’s existing routines, constraints, and decision processes. 2.5 Prior client relationships not renewed after the agreed upon term and why Many UPD engagements are designed with a defined start/end period and specific deliverables, and conclude as planned when scope is completed. In some instances, work has not extended beyond the initial term due to factors such as budget shifts, contracting conditions, leadership transitions, or completion of the original scope. At the same time, UPD has a strong record of renewal and scope expansion, including multi-year renewals and follow-on work after initial assessments and plans (for example, Massachusetts DESE/ACLS is currently in Year 5; Safe Horizon has added a Year 2; and Summit County, Ohio expanded scope beyond the initial engagement). 2.6 Unique strengths and relevant experience UPD offers UPD’s distinctive value is combining deep equity practice with the disciplines that make change stick. Many equity audits accurately document patterns and perceptions, but progress stalls when findings do not translate into the realities of daily work. UPD addresses that risk by pairing a rigorous audit with implementation readiness: clear ownership, a concise baseline of measures, and a small set of practical actions that can begin 6 CITY OF WHEAT RIDGE during the audit period and be refined as findings emerge. This helps staff build the habit of deliberate practice—small steps, repeated over time—so equity becomes part of how work is done. UPD’s team brings strong facilitation and trauma-informed practices that support meaningful participation, psychological safety, and credible synthesis—particularly important when staff perspectives differ on priorities or experience. The team is people- and community-centered, grounded in lived experience, and experienced at bridging gaps in communication and building transparency and inclusive decision-making. UPD also brings learning design capability that strengthens follow-through. Jenni Greene and Ian Brown have deep experience designing learner-centered professional development and facilitation that translates recommendations into practical routines and tools. In addition, Philip Jacobs has developed an interactive learning tool that helps teams practice equity-related skills in a structured, collaborative format—useful for building shared language and “muscle memory” for action without relying on lecture-style training. 2.7 Client-firm dispute resolution in the past five years UPD has had no formal client-firm disputes requiring dispute resolution in the past five years. 7 CITY OF WHEAT RIDGE 3. Effective Approach and Timeline Overview UPD’s approach is designed to ensure the Equity Audit strengthens day-to-day practice—not only documents perspectives. A common reason equity audits stall is that findings don’t translate into the realities of daily work, so even when there is agreement about what the City “should” do, people aren’t sure what to do differently on Monday. UPD addresses that risk by translating findings into small, practical actions embedded in existing routines—incremental does not mean less impactful when the practices are repeated, measured, and refined over time. This section describes how we will complete a rigorous audit and deliver the required report and presentations, while also establishing the minimal implementation conditions that make change more likely (clear owners, baseline measures, and early actions). 3.1 Workload and project accomplishment Our plan is built around a simple arc: start with clarity and trust, gather solid evidence, turn that evidence into usable priorities, and deliver a final package the City can actually act on. Assuming an April 1, 2026 start, UPD will complete the Equity Audit by August 31, 2026, including the listening campaign, analysis, presentations to staff and Council, and the final report with baseline measures, priorities, and monitoring methods. The timeline is realistic for a City of Wheat Ridge’s size and scope because we run several workstreams in parallel, keep decisions moving through a steady cadence, and avoid leaving major synthesis to the very end. The phases below follow that arc and describe the work and deliverables from April through August 2026: Phase 1: Launch & Audit Framework (April 2026) ○ Confirm scope, roles, and decision cadence; issue a document/data request. ○ Finalize the listening plan (survey + interviews + group discussions) and communications plan. ○ Select 2–3 “early implementation actions” (small, low-risk practice changes within City control) that can begin during the audit period. ○ Deliverables: audit workplan; instruments and sampling plan; early-action shortlist; document/data inventory. Phase 2: Evidence Review, Listening & Engagement (May–June 2026) ○ Review policies, programs, and practices affecting staff; review organizational structure, protocols, and training. ○ Execute listening campaign: survey(s), 1:1 interviews, and group discussions with staff and community stakeholders (including historically underrepresented populations). ○ Review internal/external communications and website for accessibility, clarity, and inclusion; compile staff demographics and relevant resource allocation inputs. ○ Deliverables: interim themes memo; participation summary; preliminary observations by audit domain. 8 CITY OF WHEAT RIDGE Phase 3: Analysis, Baseline Measures & Draft Findings (July 2026) ○ Synthesize findings into strengths, gaps, patterns, and root causes; identify barriers preventing inclusive practices from taking hold. ○ Establish the required baseline (10–12 measures) with definitions, data sources, and practical ownership/refresh cadence. ○ Draft recommendations, including near-term actions and longer-term goals, plus monitoring/evaluation methods. ○ Deliverables: draft findings; baseline measures; draft action roadmap and monitoring plan. Phase 4: Final Report & Presentations (August 2026) ○ Present findings to City staff and City Council; incorporate feedback. ○ Deliver final report including baseline, priorities, strategies/objectives, short-term steps, long-term goals, barriers, and monitoring/evaluation approach. ○ Deliverables: final report; Council/staff presentation materials; implementation-ready action roadmap. 3.2 Managing work to meet deadlines / ability to expedite schedule if needed The City of Wheat Ridge’s timeline runs straight through spring and summer, which means calendars, vacations, and Council schedules can slow momentum if the work isn’t tightly managed. UPD keeps projects moving by locking in key dates early, running the audit in short phases with clear outputs, and using a steady check-in rhythm so decisions don’t pile up at the end. How we will stay on track: ● Lock key dates early: confirm the survey window, interview/group discussion weeks, draft review windows, and Council/staff presentation dates during kickoff. ● Run in short phases with clear outputs: each phase ends with a specific deliverable (workplan/instruments; interim themes; draft findings + baseline; final report + presentations). ● Parallel workstreams (without chaos): policy/practice review, listening activities, and communications/website review run concurrently, with one integrated workplan and clear owners. ● Biweekly City check-ins + monthly written updates: biweekly check-ins with the City lead to clear obstacles and confirm decisions; a concise monthly written update summarizing progress, upcoming work, and decisions needed. ● Time-bound review cycles: draft materials are shared in manageable increments with agreed feedback windows, so revisions happen continuously rather than all at once at the end. If the City asks for an expedited schedule: UPD can compress the timeline by increasing interview blocks, adding additional group sessions, and shortening draft review cycles—while maintaining confidentiality protections and analytic rigor. 3.3 Foreseeable problems and mitigations 9 CITY OF WHEAT RIDGE Equity audits can lose momentum for predictable reasons—low participation, messy data, and findings that don’t translate into daily practice. We plan for those risks up front so the City isn’t stuck troubleshooting late in the process. ● Participation and trust (survey, interviews, group discussions): People won’t share candid input if they’re unsure how it will be used. We address this by being clear about confidentiality, offering multiple ways to participate (anonymous survey + 1:1 + small groups), and communicating what will be reported (themes and patterns) versus what will not (attribution of comments). ● Data gaps or inconsistent records: City data is often spread across systems or not clean enough for perfect trend analysis. We start with “good enough” baselines using what’s available, document limitations transparently, and recommend practical improvements to data ownership and tracking so the baseline gets stronger over time. ● Findings that don’t change day-to-day work: Even strong findings can stall if they aren’t connected to the routines where decisions happen. We reduce this risk by packaging recommendations as specific actions with owners, sequencing, and measures—and by identifying a small set of early actions during the audit period so follow-through starts before the final report. ● Spring/summer scheduling constraints: Delays often come from calendars, not content. We mitigate this by booking key interview/group windows early, offering flexible meeting times and virtual options, and reserving presentation dates well in advance so the project can still close by the end of August. 3.4 How project objectives will be achieved UPD will help Wheat Ridge get to an Equity Audit that is credible, usable, and easier to act on—by combining three things: a clear look at how the City operates today, honest input from staff and stakeholders, and recommendations that translate directly into day-to-day practice. ● Look at the systems that shape outcomes: We will review the policies, practices, training, organizational structure, and protocols that affect staff experience and opportunity. We will also review communications and the City website for accessibility and clarity, and use available workforce demographics and relevant funding/expense information to understand patterns and establish a baseline. ● Gather input people will actually give: We will run a listening campaign that includes one staff survey, targeted 1:1 interviews, and small group discussions. We will design the process so it feels safe and worth people’s time, and so the findings reflect both lived experience and how work actually gets done. ● Turn findings into a practical path forward: Rather than a long list of recommendations, we will deliver a prioritized roadmap with short- and long-term actions that are ready to run—each with an owner, what changes in routine practice, what gets measured, and how progress will be reviewed. ● Start early so momentum isn’t deferred: By the end of the first month, we will identify 2–3 small, practical actions the City can begin immediately and refine as findings emerge. This helps teams build the habit of deliberate practice while the broader audit is underway. 3.5 Understanding of technical requirements UPD understands the City expects a multi-method equity audit and will address each requirement explicitly: 10 CITY OF WHEAT RIDGE ● Listening methods: survey(s), 1:1 interviews, and group discussions; instruments designed to support participation, confidentiality, and usable synthesis. ● Internal review domains: internal policies and training, organizational structure, protocols, initiatives/programs, and practices affecting staff across protected and socio-cultural factors. ● External-facing domains: community engagement practices; internal/external communications; website review for accessibility, clarity, and inclusion. ● Data inputs for baselining and benchmarking: staff demographics and relevant funding/expense patterns (as available and appropriate), plus clearly defined baseline measures from which progress can be tracked. ● Deliverables: formal presentation(s) to City Council and staff; final report identifying strengths/gaps, barriers, priorities and strategies, short-term actions and long-term goals, and monitoring/evaluation methods. 4. Plan Effectiveness 4.1 Customer service philosophy; client communication and reporting UPD’s customer service philosophy is simple: be clear, be responsive, and make the work easy for the City to manage. We use a predictable cadence, transparent communication, and “no-surprise” reporting so the City always knows what is happening, what is coming next, and what decisions are needed. This is consistent with Wheat Ridge’s ACTION values—especially Accountability and NOW!—and it will show in how we partner day to day. Communication and reporting approach ● Single point of contact and escalation path: Philip Jacobs will serve as the day-to-day Project Manager, with Jenni Greene as the senior engagement lead and Sherry Jackson providing executive oversight and escalation support as needed. ● Biweekly check-ins (and more as needed): UPD will hold biweekly check-ins with the City’s designated project lead (anticipated to be HR and/or an Inclusion/Equity committee liaison), with additional touchpoints during time-sensitive windows (e.g., survey launch, draft findings review, Council/staff presentation planning). ● Regular progress reporting: UPD will provide a concise written update at least monthly summarizing completed work, upcoming activities, key risks/constraints, and decisions needed from the City. ● Responsiveness: UPD will acknowledge City questions and requests promptly and will work collaboratively to resolve issues or adjust sequencing when conditions change. What it is like to work with UPD (commitments) ● Equity: UPD brings deep equity expertise and a people-centered approach designed to support meaningful participation and reduce barriers to inclusion. ● Alignment: UPD builds on existing City approaches, language, and structures rather than creating parallel systems that are difficult to sustain. ● Flexibility: capacity-building and change work is rarely linear; UPD adapts sequencing and methods to fit real-world constraints while protecting the integrity of the audit. 11 CITY OF WHEAT RIDGE ● Collaboration: UPD works in a collaborative, stakeholder-informed way that reflects local wisdom and builds ownership. ● Implementation focus: UPD emphasizes practical, feasible next steps—so findings translate into day-to-day practice and measurable progress. 4.2 Quality control methodology and adherence to widely accepted standards UPD’s quality control is designed to keep the audit rigorous, fair, and usable. We don’t assume there is “perfect data.” Instead, we use multiple sources, check them against each other, and document what is strong, what is limited, and what that means for decision-making. ● Planned review points: we confirm alignment at key moments—after the workplan and instruments are set, after early themes emerge, after draft findings/baseline are developed, and before final materials are released. ● Triangulation across data sources: we compare what we learn from document review, survey results, interviews, and group discussions so findings are grounded in more than one source. ● Consistent qualitative analysis: we use a structured approach to coding themes so patterns are clear and not dependent on a single note-taker’s interpretation. ● Confidentiality and secure handling: clear confidentiality norms for listening activities; secure file transfer and controlled access to sensitive materials. ● Accessible, plain-language deliverables: clear writing, readable visuals, and common digital accessibility practices for reports and presentations. ● Shared understanding with leaders: short check-ins on emerging themes and draft deliverables so leaders interpret results consistently and decisions don’t get delayed late in the process. 4.3 Billing procedures, reporting, collection, and customer service policies UPD’s billing approach is designed to be transparent, predictable, and easy for the City to process. UPD proposes a fixed-fee contract structure with billing tied to agreed milestones and monthly invoicing. ● Monthly invoicing: UPD will submit invoices monthly, with clear descriptions of work completed during the invoice period and progress toward milestones. ● Milestone-based billing: invoices will reflect the agreed milestone schedule and percent complete as appropriate, consistent with public-sector billing expectations. ● Reimbursable expenses: reimbursable expenses, if any, will be invoiced at cost and supported by documentation consistent with the City’s requirements. ● Payment terms: UPD will comply with the City’s standard payment terms and administrative requirements. ● Billing inquiries and customer service: UPD will respond promptly to billing questions, provide clarification as needed, and resolve any discrepancies in a timely and professional manner. 4.4 Value-added services UPD’s value-add is not more deliverables for their own sake—it’s the capability to help Wheat Ridge use the audit. Equity audits often stall because organizations don’t have the routines, skills, and practical habits that 12 CITY OF WHEAT RIDGE turn insight into sustained practice. UPD brings deep experience in change management and data-driven continuous improvement, and we apply that discipline so the City can move from findings to consistent action and organizational learning over time. Just as importantly, we bring seasoned equity and facilitation expertise that helps the work land with real people. Our team is experienced at creating space for honest input, supporting managers and leaders who may be navigating discomfort or uncertainty, and still maintaining clear expectations for progress. We combine empathy with accountability—meeting teams where they are while helping them move toward more equitable practice. Included value-add supports (built into our approach): ● Continuous improvement setup (lightweight): a small baseline scorecard (10–12 measures) with definitions, owners, and refresh cadence—so progress is visible and the City can benchmark over time. ● Action planning that is runnable: a prioritized roadmap with first steps, owners, sequencing, and what “success” looks like—so teams know what to do next and how to start. ● Simple routines that build follow-through: a concise monthly progress update format and decision prompts that help leaders review what’s working, adjust, and avoid losing momentum after the report is delivered. ● Facilitation that supports real change: structured sessions and discussion guides that help leaders and teams translate findings into practical next steps, surface barriers early, and build shared ownership. ● Clear, usable communication products: well-designed visuals and plain-language summaries that make findings easier to understand, discuss, and act on across the organization. Appendix: Resumes 13 Philip is an experienced DEI consultant and project manager. He is a skilled equity coach and facilitator with expertise in applying change management and continuous improvement practices in the diversity and inclusion space. Philip has extensive experience in the private sector as a consultant and project manager and holds the PMP credential in Project Management. At UPD, Philip has supported the DEI strategic planning work in Summit County, Ohio, the creation of equity action plans for the San Diego Association of Governments (SANDAG), and the facilitation of ADEI training workshops for 80 adult education agencies across the state of Massachusetts. WO R K E X P E R I E N C E : UPD CONSULTING Baltimore, MD Senior Consultant 2021-Present WASHINGTON EMPLOYERS FOR RACIAL EQUITY Seattle, WA Executive Director 2021 GREATHEART CONSULTING Seattle, WA Program Analyst 2008-2010 R.E.B.E.L. FIRM Tacoma, WA Consultant/Speaker 2007-2021 ICF Seattle, WA Project Manager/Analyst 2014-2017 Account Manager 2014 FCI MANAGEMENT, INC. Long Beach, CA Project Analyst/Energy Services Representative 2012-2014 Business Development Account Manager 2011-2012 Program Manager 2010-2011 Field Supervisor 2010 Energy Services Representative 2008-2010 RELEVANT EXPERTISE: PMP Certification Equity Strategy Communications/Messaging Continuous Improvement Client Delivery Capacity Planning Workforce Development Stakeholder Management Facilitation Project Documentation Quality Assurance Project Planning EDUCATION: Business Administration, Seattle Pacific University. Associate of Arts, Highline Community College C H A N G E A G E N T S F O R E Q U I T Y.W W W . U P D C O N S U L T I N G . C O M P H I L I P JACO B S senior consultant Jenni leads UPD’s professional learning practice and leads several engagements with school districts and state education agencies. She brings over 20 years in educational leadership and focuses on anti-racism, diversity, equity and inclusion (ADEI) and how it intersects with curriculum and instruction, aligned people and processes, and the adult mindsets that are needed to make liberatory change scalable and sustainable. Jenni’s real-world experience leading in large school districts (including Charlotte-Mecklenburg Schools, NC) give her the skills needed to help others design and lead with empathy and innovation. Clients have included Tulsa Public Schools (OK), districts in Florida including The School District of Palm Beach County, Miami-Dade County Public Schools, Pasco County Schools, other districts in Florida and throughout the nation. In addition, Jenni has recently partnered with Student Achievement Partners (SAP), the Bill & Melinda Gates Foundation (BMGF), and Impact Florida. WO R K E X P E R I E N C E : UPD CONSULTING Baltimore, MD 2020-Present Senior Consultant CHARLOTTE-MECKLENBURG SCHOOLS Charlotte, NC 2018-2020 Director, Secondary Curriculum WAKE COUNTY PUBLIC SCHOOLS Raleigh, NC 2015-2018 Senior Administrator, High School ELA WAKE COUNTY PUBLIC SCHOOLS Raleigh, NC 2010-2015 Literary Specialist, Foundational + Disciplinary Literacy HOLLY SPRINGS HIGH SCHOOL Holly Springs, NC SOUTHEAST RALEIGH HIGH SCHOOL Raleigh, NC MIDWAY HIGH SCHOOL Dunn, NC CLAYTON HIGH SCHOOL Clayton, NC 1999-2010 High School English Educator and Leader RELEVANT EXPERTISE: Successfully organized a multi-phase curriculum selection process across a wide array of stakeholders Created a governance structure at the district level Curriculum creation for high- quality instructional design, alignment to standards, and inclusive, diverse text sets EDUCATION: Bachelor of Arts in Education from her tribally- affiliated institution, the University of North Carolina at Pembroke, Master of Science in Curriculum and Instruction from Concordia University (OR) License in Educational Leadership, Superintendent & School Administration C H A N G E A G E N T S F O R E Q U I T Y.W W W . U P D C O N S U L T I N G . C O M J E N N I G R E E N E senior consultant Ian is experienced in the development and implementation of evidence-based, results-driven, community-informed, and transformative programs that are rooted in decolonial practices and aim to advance the goals of diversity, equity, and inclusion at a system level. His recent engagements as an educational consultant working with school districts across North America has focused on working with historically marginalized communities, navigating institutional resistance and leading equity and anti-oppression work. Ian also has experience in data governance, qualitative data collection and analysis, knowledge management, community-based consultations, program evaluation and research. His past work has been on UPD’s internal project, Knowledge Management, which sought to create a seamless process and be the vehicle to coordinate and support the sharing of information, ideas and artifacts between UPD entities in support of our strategic business goals. WO R K E X P E R I E N C E : UPD CONSULTING Baltimore, MD Senior Consultant 2008–Present EMERY SUMMIT DEVELOPMENT Newark, NJ Planner/Designer 2007–2008 TOWN OF HALTON HILLS Georgetown, ON Assistant Planner 2004–2006 VO L U N T E E R I N G : • Executive Board Member, Excellence Conference Toronto East, 2017 • Councilor Candidate Dr. Jennifer McKelvie (Ward 44), Campaign Volunteer, 2014 • Baltimore Mayoral Candidate Otis Rolley, Campaign Volunteer, 2010 • Baltimore Memorial, Youth Leader, 2009 • Lawrence Heights Community Revitalization Project, Community Liaison, 2006 RELEVANT EXPERTISE: Advancing ADEI goals Education Data Use for Performance Management Aligning Technology Department with Business and Strategic Goals Change management Antiracism, Diversity, Equity and Inclusion (ADEI) Analytics & Data Use Community & Stakeholder Engagement Professional Learning & Training EDUCATION: Masters in Social Justice Education, Ontario Institute of Studies in Education, 2021 GIS Certification, Oklahoma University, 2008 Bachelors in Urban and Regional Planning, Ryerson University, 2008 C H A N G E A G E N T S F O R E Q U I T Y.W W W . U P D C O N S U L T I N G . C O M I A N B R OW N senior consultant Sherry brings 20 years of experience in helping public, nonprofit and philanthropic organizations transform outcomes. A founding partner at UPD, Sherry oversees the company’s strategy around equity-centered strategic planning, performance management, and professional learning. Sherry has worked with great leaders and managers in strategic visioning, transforming ideas into action, and building organizational capacity to lead complex change initiatives effectively and sustainably. While she has supported a wide range of organizations including school districts, state education agencies, local government agencies, nonprofit and philanthropic entities over the past 15 years at UPD, Sherry’s focus and passion has been on addressing the systemic racial, social and economic disparities that exist in our public and private institutions that drive inequitable outcomes in our communities. She’s had the privilege of working with leaders on equity-based improvement initiatives in school districts across the country, including: the School District of Palm Beach County, Charlotte Mecklenburg Schools, Miami-Dade Public Schools, Hartford Public Schools, and the District of Columbia Public Schools, as well as state level initiatives in Florida, Delaware, Rhode Island, North Carolina, and Hawaii. She’s led multiple organizational assessment, strategic planning projects with public and nonprofit agencies that incorporated strategies for meaningful stakeholder input and engagement, resulting in strategies, plans and actions more equitably aligned with the needs of the community being served. Prior to joining UPD, she served as Director of Special Projects for the Chief Executive Officer of the Baltimore City Public School System, where she led the implementation of several management reform initiatives to improve performance and accountability. WO R K E X P E R I E N C E : UPD CONSULTING Baltimore, MD Partner 2007–present BALTIMORE CITY PUBLIC SCHOOL SYSTEM Baltimore, MD Special Assistant to the CEO 2005-2007 BALTIMORE CITY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT Baltimore, MD Special Assistant to the Deputy Commissioner 2003-2005 EMPOWER BALTIMORE MANAGEMENT CORPORATION, Baltimore, MD Coordinator for Data, Research and Evaluation 2000-2003 DAY CARE & CHILD DEVELOPMENT COUNCIL OF TOMPKINS COUNTY, Ithaca, NY Consultant, Early Education Partnership Initiative 1999-2000 RELEVANT EXPERTISE: Equity-Based Assessment, Planning and Design Continuous Improvement and Performance Management Professional Learning/ Communities of Practice Business Process Reengineering Metrics and Measurement Data Use and Data-Driven Decision Making Change Management EDUCATION: Masters of Public Administration, Institute for Public Affairs, Cornell University, 2001 Bachelor of Arts, Cornell University, 1999 C H A N G E A G E N T S F O R E Q U I T Y.W W W . U P D C O N S U L T I N G . C O M S H E R RY C H E N partner Price Proposal 5. Price and/or Total Cost of Ownership 5.1 Statement of fees (individual rates) and reimbursable expenses (billed at cost, no markup) UPD proposes a fixed-fee engagement for the Equity Audit, supported by the fully loaded hourly rates below for transparency and for any City-approved additional services. Reimbursable expenses, if any, will be billed at actual cost without markup and submitted with appropriate documentation. Fully loaded hourly rates (no additional fringe/overhead added): Staff Role Hourly Rate Sherry Jackson Executive Oversight $225/hr Philip Jacobs Project Manager (PMP) $225/hr Jenni Greene Principal Consultant $225/hr Ian Brown Senior Consultant / Analyst $200/hr Design & Production Support Report/deck production and data visualization support $175/hr Reimbursable expenses (billed at cost, no markup): Reimbursables may include air/ground transportation, lodging, and per diem for approved site visits. UPD will not exceed the agreed travel not-to-exceed (NTE) amount without written authorization. 5.2 Rates/fees include fringe benefits, payroll taxes, insurance, and overhead costs All hourly rates shown above are fully loaded and include fringe benefits, payroll taxes, insurance, administrative costs, and overhead. No additional indirect cost rates or overhead multipliers will be applied. 5.3 Pricing for requested services (fixed fee by milestone) UPD’s fixed fee covers the full scope described in the RFP, including: policy/program/practice review; listening and gathering campaign (survey(s), 1:1 interviews, and group discussions); analysis and synthesis; presentation of findings to City staff and City Council; and a final report including baseline 1 measures, IDEA priorities and strategies, short- and long-term actions, and monitoring/evaluation methods. Fixed Fee by Milestone (Labor): Total = $125,100 Milestone Deliverables (summary) Fixed Fee (Labor) Milestone 1 – Project Launch & Audit Framework (Weeks 1–4) Kickoff; workplan; document/data request; listening plan; survey instrument draft/final; sampling plan; early actions identified $27,600 Milestone 2 – Evidence Review & Listening Campaign (Weeks 5–10) Survey administration + analysis (incl. 1–2 open-ended items); interviews + group discussions; policy/practice review; comms/website scan; interim themes memo $49,750 Milestone 3 – Analysis, Draft Findings & Baseline (Weeks 11–14) Draft findings; baseline measures (definitions/owners/cadence); draft roadmap + monitoring approach; draft deliverable walkthrough $31,500 Milestone 4 – Final Report & Presentations (Weeks 15–16) Staff + Council presentation(s); final report; final roadmap + monitoring tools; final files packaged $16,250 Total Fixed Fee (Labor) $125,100 (Design/production support is included within the fixed fee.) Travel / Reimbursables (billed at cost, no markup): Not to Exceed $6,000 Assumptions: up to 2 site visits, up to 2 travelers per visit, 2 nights lodging per traveler, per diem for 3 days per traveler, airfare and local ground transportation. If fewer travelers are used, actual costs will be lower. ● Transportation (air + ground): $3,213 ● Accommodations: $1,836 ● Per diem: $95 ● Total Travel (NTE): $6,000 5.4 Rates are negotiable UPD understands rates are negotiable and is willing to work collaboratively with the City to finalize scope, staffing, and pricing consistent with the City’s budget and procurement requirements. 2 UPD Consulting Proposal 3.1. Major Account History* Attach a list of all major accounts for the past two (2) years. For each account indicate the following: 1. Account: Massachusets Department of Elementary and Secondary Educa�on – Adult and Community Learning Services (ACLS) a. Contract Amount: $350,000 (annual) b. Owner: Gilary Massa, gmassa@updconsul�ng.com, (647) 869-2101, 2526 St. Paul Street, Bal�more, MD 21218 c. Account Services Provided: Equity Based Professional Development, Equity Centered Program Design, Strategic Planning d. Li�ga�on or claims: N/A e. Name, address and phone number of reference: Wyvonne Stevens-Carter, Director, ACLS • (781) 338-3835 • wyvonne.stevens-carter@mass.gov 2. Account: Seatle Public U�li�es a. Contract Amount: $250,000 b. Owner: Sherry Jackson, schen@updconsul�ng.com, (410) 361-1187, 2526 St. Paul Street, Bal�more, MD 21218 c. Account Services Provided: Race and Equity training d. Li�ga�on or claims: N/A e. Name, address and phone number of reference: Sapan Parekh, Racial Equity Advisor at SPU, sapan.parekh@seatle.gov 3. Account: City of Duluth, MN a. Contract Amount: $150,000 b. Owner: Gilary Massa, gmassa@updconsul�ng.com, (647) 869-2101, 2526 St. Paul Street, Bal�more, MD 21218 c. Account Services Provided: Organiza�onal Assessment and Strategic Planning d. Li�ga�on or claims: N/A e. Name, address and phone number of reference: Jessica B. Kasper, Budget Manager, 218-730-5195, Jkasper@duluthmn.gov 4. Account: TD Jakes Founda�on a. Contract Amount: $185,000 b. Owner: Sherry Jackson, schen@updconsul�ng.com, (410) 361-1187, 2526 St. Paul Street, Bal�more, MD 21218 c. Account Services Provided: An�-recidivism program toolkit design and development. d. Li�ga�on or claims: N/A UPD Consulting Proposal e. Name, address and phone number of reference: Marc Alexandar. Chief Strategy Officer, TD Jakes Founda�on. MAlexander@tdjfounda�on.org 5. Account: Safe Horizon a. Contract Amount: $115,000 b. Owner: Douglass Aus�n, daus�n@updconsul�ng.com, (410) 627-8778 c. Account Services Provided: Organiza�onal Equity Assessment d. Li�ga�on or claims: N/A e. Name, address and phone number of reference: Vagnes de la Rosa, Chief of Organiza�onal Culture & Community Engagement, Vagnes.DeLaRosa@safehorizon.org, (917) 658-5260. 6. Account: Maryland Family Network a. Contract Amount: $175,355 b. Owner: Douglass Aus�n, daus�n@updconsul�ng.com, (410) 627-8778 c. Account Services Provided: Improving the organiza�onal and opera�onal prac�ces associated with the Family Support Center program. d. Li�ga�on or claims: N/A e. Name, address and phone number of reference: Michael Herschenfeld, Chief Impact Officer, 410-659-7701, mherschenfeld@marylandfamilynetwork.org 7. Account: Maryland Family Network – Bal�more Police Department a. Contract Amount: $62,000 b. Owner: Sherry Jackson, schen@updconsul�ng.com, (410) 361-1187, 2526 St. Paul Street, Bal�more, MD 21218 c. Account Services Provided: Employee-designed child care pilot with BPD Office of Equity. d. Li�ga�on or claims: N/A e. Name, address and phone number of reference: Michael Herschenfeld, Chief Impact Officer, 410-659-7701, mherschenfeld@marylandfamilynetwork.org 8. Account: City of Philadelphia Department of Licensing and Inspec�ons a. Contract Amount: $99,840 b. Owner: Gilary Massa, gmassa@updconsul�ng.com, (647) 869-2101, 2526 St. Paul Street, Bal�more, MD 21218 c. Account Services Provided: DEI Assessment, facilita�ng an equity Ac�on Plan, and establishing an implementa�on framework for the city's code enforcement department. d. Li�ga�on or claims: N/A e. Name, address and phone number of reference: Saleem Muhammad, Fiscal Officer, Saleem.Muhammad@phila.gov Price Proposal 5. Price and/or Total Cost of Ownership 5.1 Statement of fees (individual rates) and reimbursable expenses (billed at cost, no markup) UPD proposes a fixed-fee engagement for the Equity Audit, supported by the fully loaded hourly rates below for transparency and for any City-approved additional services. Reimbursable expenses, if any, will be billed at actual cost without markup and submitted with appropriate documentation. Fully loaded hourly rates (no additional fringe/overhead added): Staff Role Hourly Rate Sherry Jackson Executive Oversight $225/hr Philip Jacobs Project Manager (PMP) $225/hr Jenni Greene Principal Consultant $225/hr Ian Brown Senior Consultant / Analyst $200/hr Design & Production Support Report/deck production and data visualization support $175/hr Reimbursable expenses (billed at cost, no markup): Reimbursables may include air/ground transportation, lodging, and per diem for approved site visits. UPD will not exceed the agreed travel not-to-exceed (NTE) amount without written authorization. 5.2 Rates/fees include fringe benefits, payroll taxes, insurance, and overhead costs All hourly rates shown above are fully loaded and include fringe benefits, payroll taxes, insurance, administrative costs, and overhead. No additional indirect cost rates or overhead multipliers will be applied. 5.3 Pricing for requested services (fixed fee by milestone) UPD’s fixed fee covers the full scope described in the RFP, including: policy/program/practice review; listening and gathering campaign (survey(s), 1:1 interviews, and group discussions); analysis and synthesis; presentation of findings to City staff and City Council; and a final report including baseline 1 measures, IDEA priorities and strategies, short- and long-term actions, and monitoring/evaluation methods. Fixed Fee by Milestone (Labor): Total = $125,100 Milestone Deliverables (summary) Fixed Fee (Labor) Milestone 1 – Project Launch & Audit Framework (Weeks 1–4) Kickoff; workplan; document/data request; listening plan; survey instrument draft/final; sampling plan; early actions identified $27,600 Milestone 2 – Evidence Review & Listening Campaign (Weeks 5–10) Survey administration + analysis (incl. 1–2 open-ended items); interviews + group discussions; policy/practice review; comms/website scan; interim themes memo $49,750 Milestone 3 – Analysis, Draft Findings & Baseline (Weeks 11–14) Draft findings; baseline measures (definitions/owners/cadence); draft roadmap + monitoring approach; draft deliverable walkthrough $31,500 Milestone 4 – Final Report & Presentations (Weeks 15–16) Staff + Council presentation(s); final report; final roadmap + monitoring tools; final files packaged $16,250 Total Fixed Fee (Labor) $125,100 (Design/production support is included within the fixed fee.) Travel / Reimbursables (billed at cost, no markup): Not to Exceed $6,000 Assumptions: up to 2 site visits, up to 2 travelers per visit, 2 nights lodging per traveler, per diem for 3 days per traveler, airfare and local ground transportation. If fewer travelers are used, actual costs will be lower. ● Transportation (air + ground): $3,213 ● Accommodations: $1,836 ● Per diem: $95 ● Total Travel (NTE): $6,000 5.4 Rates are negotiable UPD understands rates are negotiable and is willing to work collaboratively with the City to finalize scope, staffing, and pricing consistent with the City’s budget and procurement requirements. 2 ITEM NUMBER: 1b DATE: June 8, 2026 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 28-2026 TITLE: A RESOLUTION AMENDING THE 2026 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $50,000 FOR THE PURPOSE OF ACCEPTING A GRANT FROM COLORADO GIVES FOUNDATION ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: In May 2026, Colorado Gives Foundation awarded the Wheat Ridge Homeless Navigation Program $50,000 to be used for unrestricted operational support through December 31, 2027. PRIOR ACTION: None. FINANCIAL IMPACT: These grant funds have not been appropriated in the 2026 budget. This resolution will amend the budget to accept these grant funds and appropriate the funds in the General Fund for the following purposes: $50,000 to support people experiencing homelessness and place them into transitional or permanent housing. BACKGROUND: Colorado Gives Foundation is a community foundation dedicated to improving the lives of people in Jefferson County through responsive grant opportunities designed to support non-profits and local governments with projects they believe will help Jeffco communities thrive. The funding from this grant will allow the Homeless Navigation Program to continue its Council Action Form – 2026 Colorado Gives Foundation Grant June 8, 2026 Page 2 operations and potentially expand the number of clients it is able to assist. The Homeless Navigation Program uses operational funds for a variety of activities including but not limited to application fee and deposit assistance, bridge housing (motel vouchers), outreach supplies, and transportation for clients. RECOMMENDATIONS: Staff recommend City Council accept the grant funds from Colorado Gives Foundation to supplement and expand the scope of the Homeless Navigation Program. RECOMMENDED MOTION: “I move to approve Resolution No. 28-2026, a resolution amending the 2026 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 for the purpose of accepting a grant from Colorado Gives Foundation” Or, “I move to postpone indefinitely Resolution No. 28-2026, a resolution amending the 2026 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $50,000 for the purpose of accepting a grant from Colorado Gives Foundation for the following reason(s) _______________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager Marianne Schilling, Deputy City Manager Wyatt Peterson, Assistant to the City Manager Kory Kolar, Housing Navigator ATTACHMENTS: 1. Resolution No. 28-2026 2. Grant award letter CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 28 SERIES OF 2026 TITLE: A RESOLUTION AMENDING THE 2026 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $50,000 FOR THE PURPOSE OF ACCEPTING A GRANT FROM COLORADO GIVES FOUNDATION WHEREAS, the City of Wheat Ridge Homeless Navigation Program engages with people experiencing homelessness within Wheat Ridge and Edgewater to provide basic needs and referral services, as well as housing-focused case management; and WHEREAS, Colorado Gives Foundation awards Jefferson County-serving nonprofits and municipalities grant funds to be used for community needs; and WHEREAS, in 2026, Colorado Gives Foundation has awarded the City of Wheat Ridge Homeless Navigation Program $50,000 in funds to be used for unrestricted operational support; and WHEREAS, the City Council wishes to accept the 2026 Colorado Gives Foundation funds for the aforementioned homeless navigation purposes, as set forth herein; and WHEREAS, the 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 AS FOLLOWS: 1. The City of Wheat Ridge hereby accepts the 2026 Colorado Gives Foundation grant funding in the amount of $50,000 for the outlined purposes. 2. A transfer of $50,000 is hereby approved from the General Fund undesignated reserves to account 100-65660-114 and the 2026 revenues are amended accordingly. DONE AND RESOLVED this 8th day of June 2026 ATTACHMENT 1 _______________________________________ Korey Stites, Mayor ATTEST: ___________________________________ Janeece Hoppe, City Clerk                    ! "#$ %& '    '""  '  "  !#" (  ' ##'  !" !! (   !   $  ) '   " ' "   *   ! '  '!  (  ##'  !! !! *   # #  ! !  !!+'        ##'     " #  ! !! "        #" ,' ! !0012345607530 '  ' #"! ""!        #   !" "     9 #  '!!   '/:/;<=5005; >;/?04/@A5?0# ! '#" !!' ('CDDE  ' !" !!'( ' FCDDGH!! #      !;50.5J11<75:K '  '       ' '    '!   '$ $'!     ! ! MN5:J;/?055JON<5=N?5K ATTACHMENT 2                       !"##$%&    '   ()) ) * +   ,$-$.$/0 12$"./$(   (3 %%4   %56557  8 9 44 (6:::;<=:>6?6>5?:: ITEM NUMBER: 2 DATE: June 8, 2026 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 07-2026 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE MUNICIPAL CODE CONCERNING ANIMAL WELFARE AND REGULATIONS FOR THE SAME ☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Several sections of the City’s animal code are outdated, inconsistent, confusing, or do not reflect current needs or practices. As such, Staff propose several amendments to the Wheat Ridge Animal and Land Use Code for City Council’s consideration. PRIOR ACTION: • June 2, 2025: the City Council held a Study Session to review several proposed amendments to the City’s animal code, aimed at clarifying language, aligning with best practices, and keeping pace with peer cities. Council discussed many of these items and directed staff to return with the remaining amendments and additional considerations. • September 15, 2025: Council reconvened to address those outstanding issues. This ordinance reflects the guidance provided by Council at both meetings. • February 19, 2026: Planning Commission recommended approval of the proposed changes to Chapter 26 of the Wheat Ridge Code of Laws concerning the keeping of small animals by a vote of 5 to 0 on February 19, 2026. • March 23, 2026: City Council approved Ordinance No. 1840 on first reading. A motion was made by Councilmember Hultin and seconded by Councilmember Ohm and approved by a vote of 8 to 0. Council Action Form – Animal Welfare Regulations April 13, 2026 • April 13, 2026: Mayor Pro Tem Hultin moved to continue the public hearing for this ordinance to the regular business meeting of the Council scheduled to commence at 6:30 p.m. on June 8, 2026. The motion was seconded by Councilmember Okada and approved by a vote of 8 to 0. During the City Council reports, Mayor Pro Tem Hultin clarified that the upcoming animal code hearing in June would address three specific items: swine/domestic pigs, cats at large, and venomous animals. • May 11, 2026: City Council held a Special Study Session to discuss swine/domestic pigs, cats at large, and venomous animals, and directed staff to update the proposed ordinance to reflect those changes. FINANCIAL IMPACT: No impact. BACKGROUND: The City of Wheat Ridge’s Municipal Code defines the manner and method by which animals may be kept within the community and it establishes regulations to safeguard residents and public safety. As such, Council Bill No. 07-2026 makes the following changes to Chapter 2: Administration, Chapter 4: Animals, and Chapter 26: Zoning and Development of the Wheat Ridge Code of Laws. Chapter 2 Section 2-80: Purpose, scope This section reflects the addition of procedural language as well as the inclusion of Chapter 4: Animals to the administrative scope of the article. Chapter 4 Section 4-1: Vicious Animal, Dangerous Dog, and Aggressive Dog Definitions: Currently, the animal code includes definitions for vicious animals, aggressive dogs, and dangerous dogs. This amendment consolidates those categories into aggressive animals and dangerous animals to improve clarity and ensure consistent treatment across different animal species. Section 4-8: Animal at Large Currently, the “animal at large” provisions apply only to dogs. This amendment extends these regulations to all animals and clarifies that animals remaining on their owner’s property are not considered at large. During the May 11 Special Study Session, City Council provided consensus to remove the exemption to domestic house cats. Council Action Form – Animal Welfare Regulations March 23, 2026 Section 4-8: Off-Leash Dog Park Regulations Currently, violations of off-leash dog park regulations are treated as criminal offenses. This amendment deletes the relevant clause in Chapter 4, allowing such violations to be addressed solely as civil offenses. This amendment also provides clarity to allow all off- leash regulations to live entirely within Chapter 17: Parks and Recreation. Section 4-10: Owners Required to Report Bites Currently, the City of Wheat Ridge does not require animal owners to report when their animal bites a person. This amendment requires that bites breaking the skin be reported to the City within 48 hours, aligning with best practices for rabies control. Section 4-10: Rabies Quarantine Vaccinations Animals that bite a person are required to be placed under quarantine for ten days to monitor for signs of rabies. However, the code does not currently prohibit an owner from obtaining a rabies vaccination for an animal during the quarantine period. This amendment establishes such a prohibition, as vaccination during quarantine could interfere with the rabies evaluation process. Section 4-10: Rabies Outbreak Powers Currently, in the event of a rabies outbreak, the Mayor is authorized to impose strict regulations on animals within the City limits. This authority has never been exercised in practice. This ordinance amends the code to remove this provision, so that any emergency declarations or regulatory actions related to rabies would instead follow the City’s standard health and safety emergency procedures, which defer to county public health officials. Section 4-11: Unsafe Transport of Animals The code is amended to define transporting an animal in a motor vehicle or trailer without appropriate safety restraints, sufficient to prevent the animal from falling or jumping from a moving vehicle in a public place, as a form of animal cruelty. Section 4-11: Animals Exposed to Extreme Temperatures in Vehicles Currently, the code does not explicitly prohibit leaving animals unattended in vehicles without adequate ventilation or in extreme temperatures. Although City law enforcement may address such situations under state law, this amendment establishes the conduct as a form of animal cruelty under the City’s code and authorizes law enforcement to immediately enter and inspect the vehicle to rescue an endangered animal. Council Action Form – Animal Welfare Regulations April 13, 2026 Section 4-14: Reptiles, Amphibians, and Insects in the City of Wheat Ridge Currently, Section 4-14(d) prohibits the keeping of amphibians, reptiles, and insects. This amendment revises the section to allow the keeping of such animals under specified conditions. During the May 11 Study Session, City Council provided consensus to 1) replace “insects” with “invertebrates” and to 2) simplify the City Code to align with State statutes. Section 4-14: Endangered Species The code currently prohibits the ownership of exotic or wild animals. This amendment allows endangered or threatened species listed under state, federal, or international law to be kept within the City of Wheat Ridge, provided they are cared for by a properly licensed entity. Section 4-14: Chief’s Exemption Process The Chief of Police may grant exemptions to the exotic or wild animal provisions on a 12- month basis. This amendment clarifies the expectations and procedures for this process and authorizes the Chief to approve, approve with conditions, or deny exemption requests. Section 4-14: Swine in the City of Wheat Ridge Swine are currently permitted in the City of Wheat Ridge under both the animal code and the land-use code. This amendment revises the animal code to prohibit the keeping of swine. A separate ordinance addresses swine regulations within the land-use code. During the May 11 Special Study Session, City Council provided consensus to remove Latin language descriptors and to use plain language instead. Section 4-17: Dangerous Animal Defenses The defenses available for dangerous dogs, including defense of an owner or provocation, were expanded to apply to all animals. Section 4-17: Childproof Structures for Dangerous Dogs A presiding judge of the City of Wheat Ridge Municipal Court may allow a dog, meeting the definition of a dangerous animal, to be kept within the City of Wheat Ridge, provided the dog is maintained in a secured enclosure. This amendment clarifies that such enclosures must be childproof. Section 4-17: Transfer of Dangerous Dogs Currently, a dog meeting the definition of a dangerous animal may be transferred only to a family member. This amendment revises the code to allow transfers solely to responsible caretakers, as evaluated by the City’s Community Service Officers, regardless Council Action Form – Animal Welfare Regulations March 23, 2026 of the relationship between the transferring parties. Section 4-17/4-18: Possession of Dangerous and Aggressive Dogs Currently, the code allows dogs, meeting the definition of a dangerous or aggressive animal, to be kept within the City of Wheat Ridge, provided the owner complies with certain conditions specified by a presiding judge of the City of Wheat Ridge Municipal Court. This amendment clarifies the section without making any substantive changes. Section 4-31: Licensing Authority The code was amended to authorize staff to establish approved licensing administrators. The code previously required a Mile Hi rabies tag, which existed at one time but is no longer in use. Section 4-33: Childproof Structures for Guard Dogs The code was amended to require that enclosures for guard dogs be childproof. Section 4-33: Guard Dog Cease and Desist Orders The code was amended to authorize the City’s law enforcement to issue a cease-and- desist order to an entity using a guard dog when such use poses a danger to the public. Any such order would be subject to the administrative hearing appeals process. Section 4-34: Kennel Licenses The City currently issues kennel licenses. This amendment establishes that, as a condition of the license, the City’s law enforcement may inspect the facility at any time if there is reasonable cause to suspect a danger to the animals. Section 4-52: Hearings Required for the Disposal of Animals Current practice at the City of Wheat Ridge and the Foothills Animal Shelter is that no animal may be sold, donated, or euthanized without a signed order from a judge, except in cases where the animal is ill, severely injured, or experiencing extreme pain. This amendment codifies that existing practice. Section 4-52: Court Ordered Animal Holds The code establishes that the municipal court is authorized to place a hold on animals suspected of neglect, seized due to cruelty, designated as dangerous or aggressive, or identified as service animals, until the resolution of their case. While this has been standard practice in the City of Wheat Ridge, the authority was previously inferred rather than explicitly granted to the judge. Council Action Form – Animal Welfare Regulations April 13, 2026 Chapter 26 Section 26-204: Zone District Use Schedule This amends the code by replacing the note in the “Table of Uses - Agricultural and Public Facilities” to prohibit the raising or keeping of swine in all zone districts. Sec. 26-606: Small Animals and Poultry Section 26-206 of the Code is amended to: • Establish limits on the number of roosters permitted per property: one rooster is allowed on property under one acre, and up to three roosters are allowed on larger properties. This applies to residential and agricultural zone districts. • Prohibit the raising or keeping of swine in all zone districts RECOMMENDED MOTION: “I move to approve Council Bill No. 07-2026, an ordinance amending the Wheat Ridge Code of Laws concerning animal welfare and regulations for the same 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 No. 07-2026, an ordinance amending the Wheat Ridge Code of Laws concerning animal welfare and regulations for the same, for the following reason(s).” REPORT PREPARED/REVIEWED BY: Marianne Schilling, Deputy City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 07-2026 2. Planning Commission Minutes 1 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER HULTIN COUNCIL BILL NO. 07 ORDINANCE NO. 1840 Series 2026 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE MUNICIPAL CODE CONCERNING ANIMAL WELFARE AND REGULATIONS FOR THE SAME WHEREAS, the City of Wheat Ridge (the “City”) is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, the Council previously adopted and amended Chapter 4 of the Wheat Ridge Code of Laws (the “Code”) concerning animals; and WHEREAS, the Council also previously adopted and amended Chapter 26 of the Code which also contains provisions concerning animals; and WHEREAS, the Council now wishes to further amend Chapters 4 and 26 of the Code concerning the regulation and welfare of animals within the City and provide for administrative enforcement of the same; and WHEREAS, the City of Wheat Ridge Planning Commission held a public hearing on February 19, 2026, and voted to recommend approval of the Chapter 26 amendments. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. The following sections of Chapter 4 of the Code are amended as follows: Sec. 4-1. Definitions. […] Aggressive dog means any dog that (1) approaches any person, without provocation, in a menacing manner or in an attitude of attack, whether or not an attack actually occurs; (2) inflicts a puncture wound, abrasion, or other wound caused by the dog's teeth upon a person or domestic animal, but the injury does not meet the definition of bodily injury or serious bodily injury; or (3) in an attacking manner encroaches 2 ATTACHMENT 1 over, through, or under a fence onto public property or the private property of another. AGGRESSIVE ANIMAL: i. ANIMALS THAT APPROACH ANY PERSON, WITHOUT PROVOCATION, IN A MENACING MANNER OR WITH AN APPARENT ATTITUDE OF ATTACK, WHETHER OR NOT AN ATTACK ACTUALLY OCCURS, INCLUDING ANIMALS THAT ARE NOT ADEQUATELY RESTRAINED WITHIN AN ENCLOSED AREA; ii. ANIMALS THAT, IN AN ATTACKING MANNER, ENCROACH OVER, THROUGH, OR UNDER A FENCE ONTO PUBLIC PROPERTY OR THE PRIVATE PROPERTY OF ANOTHER; iii. ANIMALS THAT INFLICT A PUNCTURE WOUND, ABRASION, OR OTHER INJURY ON A PERSON OR DOMESTIC ANIMAL, BUT THE INJURY DOES NOT MEET THE DEFINITION OF BODILY INJURY OR SERIOUS BODILY INJURY; […] DANGEROUS ANIMALS: i. ANIMALS THAT INFLICT OR CAUSE BODILY INJURY, SERIOUS BODILY INJURY UPON A PERSON, OR DEATH UPON A PERSON OR DOMESTIC ANIMAL; ii. ANIMALS THAT ENGAGE IN OR HAVE BEEN TRAINED FOR ANIMAL FIGHTING; iii. ANIMALS THAT HAVE BEEN DETERMINED BY A COURT OF RECORD WITHIN THE STATE OF COLORADO TO BE A VICIOUS OR DANGEROUS ANIMAL AND FOR WHOM THE OWNER DOES NOT COMPLY WITH THE CONDITIONS IMPOSED BY STATE STATUTE, LOCAL ORDINANCE, OR COURT ORDER FOR OWNERSHIP OF SAID ANIMAL. […] Vicious animal means an animal, other than a dog, that unprovokedly bites or attacks humans or other animals, or an animal which is not adequately restrained in an enclosed area that approaches any person in an apparent attitude of attack or in a terrorizing or menacing manner. Sec. 4-8. Running at large; off-leash dog parks. (a) A person who is a dog AN ANIMAL owner shall be guilty of dogANIMAL at large if such dogANIMAL runs at large within the City. ANIMALS PRESENT ON REAL PROPERTY OWNED BY THE OWNER OR PERSON RESPONSIBLE FOR THE ANIMAL SHALL NOT BE CONSIDERED AT LARGE. (b) . . . (c) The city council may, from time to time, direct the creation, alteration and removal of off-leash dog parks within the city. Off-leash dog parks shall be located on city property and shall be governed by and posted with signs giving notice of the following rules and regulations. It shall be unlawful to violate any 3 ATTACHMENT 1 provision of this subsection (c). Conviction of any provision of this subsection (c) may also result in a loss of privilege to the owner, handler or subject dog to use the city's off-leash dog parks: (1) Off-leash dog parks are open to the public during the same hours the surrounding city property is open to the public. (2) All dogs must be under the effective control of their owners or handlers by means of a leash, cord, or chain not to exceed six (6) feet in length when entering and leaving the designated dog park area. (3) All dogs must display a current rabies tag affixed to the collar. (4) All dogs belonging to city residents must display a current license issued by the licensing administrator as required by section 4-31(c). (5) All dogs must be accompanied by a person seventeen (17) years of age or older. (6) Dog owners and handlers assume full responsibility for their dogs and minor children within the dog park area. (7) Dog owners and handlers must remain within the off-leash dog park area and within sight of their dogs at all times. (8) Dog owners and handlers must remove and promptly dispose of any feces deposited within the dog park area by their dogs. (9) Dogs may not chase or otherwise harass wildlife. (10) The following dogs are not permitted within off-leash dog parks: a. Aggressive dogs, as defined by section 4-1. b. Female dogs in heat. c. Dogs without a current rabies tag affixed to the collar or without a current license issued by the licensing administrator, as applicable. d. Dogs under the age of four (4) months. e. Dogs exhibiting visible signs of illness or known by the owner or handler to be ill. f. Dogs that do not respond to and obey their owners' or handlers' sight or voice commands. Sec. 4-10. Rabies control. (a) . . . (b) Any dog, cat or other animal that has bitten any person CAUSING A WOUND BREAKING THE SKIN shall be immediately confined for a period of ten (10) days. No animal under confinement shall be released from confinement until such release has been approved by the community service officer. THE OWNER OF SUCH ANIMAL SHALL FILE, WITHIN FORTY-EIGHT (48) HOURS OF THE 4 ATTACHMENT 1 INCIDENT, A REPORT OF THAT INCIDENT WITH A COMMUNITY SERVICE OFFICER], THE REPORT TO CONTAIN DATE/TIME OF BITE, PERSON BITTEN, NAME OF ANIMAL OWNER. (c) . . . (d) . . . (e) When an animal under quarantine has been diagnosed as being rabid by a licensesD veterinarian the veterinarian making such diagnosis shall immediately notify the county public health officer and advise THEMhim of any reports of human contact with such rabid dog [animal]. If any animal under quarantine dies while under observation, the community service officer or his THEIR agents shall immediately take action to obtain a pathological and inoculation examination of the animal. As soon as a diagnosis is made available, the community service officer shall notify the county public health officer of any reports of human contact with the animal. Any animal which has not beEN inoculated against rabies and known to have been bitten by a rabid animal shall be humanely destroyed. (f) . . . (g) . . . (h) In case of an outbreak of rabies, constituting an emergency situation, the mayor shall be authorized to impose strict regulations pertaining to animals within the city. IT SHALL BE UNLAWFUL FOR AN OWNER TO PROCURE A RABIES VACCINATION FOR AN ANIMAL UNDER QUARANTINE, UNLESS APPROVED BY THE COMMUNITY SERVICES OFFICER IN WRITING. Sec. 4-11. Cruelty or inhumane treatment; HARASSMENT. (a) IT SHALL BE CRUEL OR INHUMANE FOR ANY PERSON TO: (1) It shall be unlawful for any person to Commit or cause to be committed any act of cruelty, harassment, abandonment, torture, mistreatment or neglect to any animal, or to cause any animal to be wounded, mutilated, strangulated or inhumanely killed. (2) For purposes of this section, a person commits an act of harassment upon an animal if such person's conduct or actions causes CAUSE an animal to behave as if frightened, causes the animal displeasure or pain, or otherwise causes the animal to become likely to injure either itself or other persons or animals, or causes the animal to create a nuisance. (3) TRANSPORT AN ANIMAL IN OR ON ANY MOTOR VEHICLE OR TRAILER UNLESS THE ANIMAL IS SAFELY RESTRAINED. AS USED IN THIS SECTION, RESTRAINED IS DEFINED AS ENCLOSED WITHIN A VEHICLE OR TRAILER WITH NO OPENINGS LARGE ENOUGH TO PERMIT THE ANIMAL TO EXIT THE VEHICLE OR TRAILER ON ITS OWN, OR PLACED WITHIN A SECURED CONTAINER, CAGE OR OTHER ENCLOSURE OR RESTRAINING DEVICE SUFFICIENT TO PREVENT THE 5 ATTACHMENT 1 ANIMAL FROM FALLING FROM, BEING THROWN FROM OR JUMPING FROM THE VEHICLE. AS USED IN THIS SECTION, PUBLIC PLACE IS DEFINED AS ANY PLACE OPEN TO AND GENERALLY USED BY THE PUBLIC, WHETHER PUBLICLY OR PRIVATELY OWNED, INCLUDING, BUT NOT LIMITED TO STREETS, HIGHWAYS, ALLEYS, PARKING LOTS, SCHOOLS AND COMMERCIAL ESTABLISHMENTS. (4) LEAVE AN ANIMAL IN AN UNATTENDED VEHICLE WITHOUT ADEQUATE VENTILATION OR IN ANY MANNER WHICH SUBJECTS THE ANIMAL TO EXTREME TEMPERATURES OR OTHER CIRCUMSTANCES THAT ARE DANGEROUS OR DETRIMENTAL TO THE ANIMAL’S HEALTH OR WELFARE. a. IF THE COMMUNITY SERVICE OFFICER OR POLICE OFFICER HAS REASONABLE CAUSE TO BELIEVE THAT THE KEEPING OR MAINTAINING OF ANY ANIMAL IS SO HAZARDOUS, UNSAFE, OR DANGEROUS AS TO REQUIRE IMMEDIATE INSPECTION TO SAFEGUARD THE ANIMAL OR THE PUBLIC HEALTH OR SAFETY, THE COMMUNITY SERVIE OFFICER OR POLICE OFFICER SHALL HAVE THE RIGHT IMMEDIATELY TO ENTER AND INSPECT THE PROPERTY OR VEHICLE IN OR UPON WHICH THE ANIMAL IS KEPT, AND MAY USE ANY REASONABLE MEANS REQUIRED TO EFFECT SUCH ENTRY AND MAKE SUCH INSPECTION, WHETHER THE PROPERTY OR VEHICLE IS OCCUPIED OR UNOCCUPIED AND WHETHER PERMISSION TO INSPECT HAS BEEN OBTAINED OR NOT. IF THE PROPERTY OR VEHICLE IS OCCUPIED, THE COMMUNITY SERVIE OFFICER OR POLICE OFFICER SHALL FIRST PRESENT PROPER CREDENTIALS TO THE OWNER OR OCCUPANT OF THE PROPERTY OR VEHICLE AND DEMAND ENTRY, EXPLAINING REASONS THEREFOR AND THE PURPOSE OF THE INSPECTION. SUCH ENTRY SHALL BE SOLELY FOR THE PURPOSE OF ABATING THE VIOLATION AND NO EVIDENCE OBTAINED DURING OR AS A RESULT OF SUCH ENTRY SHALL BE ADMISSIBLE FOR PURPOSES OF PROSECUTION. (b) Ownership of the animal in question shall not be a justifiable defense for acts or conduct prohibited by this section or for a violation of this section. (c) AnY community service officer or other employee or official of the city may impound an animal or animals pursuant to section 4-52 if the officer, employee or official reasonably believes that such impoundment is necessary for the health or safety of any mistreated animal. The animal owner shall be liable for all expenses arising from such impoundment or any medical treatment for the animal during such impoundment. Sec. 4-14. Exotic or wild animals. 6 ATTACHMENT 1 (a) Prohibited. It shall be unlawful for any person to own, possess, harbor, sell, or in any other manner traffic in any exotic or wild animals, that is, any animal that is not a domestic animal, whether it is a native animal of this state or not. THIS PROHIBITION SHALL NOT APPLY TO THREATENED OR ENDANGERED SPECIES LISTED UNDER STATE, FEDERAL, OR INTERNATIONAL LAW AND KEPT BY A LICENSED ENTITY WITHIN THE CITY. (b) Exceptions. The chief of police may grant exceptions to this section for successive periods of time not to exceed twelve (12) months. APPLICATIONS FOR AN EXCEPTION MUST BE FILED WITH THE CHIEF OF POLICE ON FORMS MAINTAINED BY THE CHIEF’S OFFICE, ALONG WITH THE APPLICATION FEE SET BY THE CITY COUNCIL FROM TIME TO TIME. THE CHIEF OF POLICE IN THEIR SOLE DISCRETION MAY GRANT, GRANT WITH CONDITIONS OR DENY THE APPLICATION. Notwithstanding the requirements of Chapter 26, the keeping of an exotic animal for which the chief of police has granted an exception pursuant to this subsection (b) shall be deemed a lawful use of the affected property (c) Potbellied pigs: Any exceptions granted by the chief of police for a potbellied pig, Sus scrofa vittatus, pursuant to subsection (b), shall be limited as follows: (1) No more than two (2) potbellied pigs may be kept at one residence or location, provided, however, that an additional pig may be kept for each one acre of property in excess of the minimum lot size; (2) Every potbellied pig must be neutered or spayed by the age of four (4) months; (3) No potbellied pig may weigh more than one hundred fifty (150) pounds nor be taller than twenty-two (22) inches in height; (4) The potbellied pig must be certified as such by a licensed veterinarian or be an officially registered potbellied pig; (5) Penned exterior areas confining potbellied pigs must be no closer than fifteen (15) feet to a side or rear yard lot line and no closer than thirty (30) feet to a residential structure located on an adjacent lot; (6) Outdoor enclosures must be kept clean; (7) Prior to the granting of an exception, owners must review educational materials provided by the chief of police related to the care and keeping of potbellied pigs; (8) The chief of police shall adopt rules of procedure related to the review of complaints regarding the keeping of potbellied pigs for which an exception has been granted; and (9) The chief of police may impose reasonable conditions prior to granting or during the term of any exception which is necessary to protect the animal's health and the safety and enjoyment of adjacent properties and owners. 7 ATTACHMENT 1 (1) The keeping of potbellied pigs, Sus scrofa vittatus, which is an exotic animal, shall be permitted in the Agricultural-Two Zone District and shall not be subject to the requirements of subsections (b) and (c). (d) Specific animals enumerated. (1) The following animals are domestic animals: a. Aquarium fishes b. Psitocine birds, aviary finches, etc, farm birds (ducks, geese, swans, poultry) c. Domestic rabbit (Oryctolagus cuniculus) d. Mongolian gerbil (Meriones unguicularus) e. Guinea pig ( Cavia porceilus) f. Hamster (Musorcriectus auratus) g. Domestic laboratory mouse (Mus domesticus) h. Domestic laboratory rat (Rattus rattus albino strain) i. Domestic cat (Felis catus) j. Domestic dog (Canas familiaris) k. Domestic livestock, including but not limited to: horses, cattle, sheep, goats, mules, donkeys, burros, llamas, honeybees, and swine l. SWINE AS DOMESTIC ANIMALS ARE PROHIBITED IN ALL ZONE DISTRICTS PER CHAPTER 26 (except potbellied pigs, Sus scrofa vittatus, which is an imported variety of swine and which shall be considered exotic animals). (2) REPTILES, AMPHIBIANS, INVERTEBRATES, INCLUDING TARANTULAS, SCORPORIONS, AND CENTIPEDES, SHALL BE ALLOWED WITHOUT ANY REQUIREMENT FOR AN EXCEPTION FROM THE CHIEF OF POLICE, EXCEPT FOR THE FOLLOWING: a. ANY ANIMALS THAT HAVE BEEN CLASSIFIED AS A DANGEROUS OR HAZARDOUS SPECIES UNDER STATE OR FEDERAL LAW b. ANY ANIMALS THAT ARE NOT PERMITTED AND/OR REQUIRE A LICENSE FROM COLORADO PARKS AND WILDLIFE TO POSSESS c. ANY SPECIES LISTED UNDER STATE OR FEDERAL LAW AS INJURIOUS TO WILDLIFE OR AQUATIC NUISANCE SPECIES (3) Exotic and wild animals shall consist of every other creature within the animal kingdom. Sec. 4-17. Unlawful possession of dangerous ANIMAL OR dog. (a) It is unlawful for a person who is a dog owner to keep, harbor or possess a VICIOUS ANIMAL OR A dangerous dog within the city. NOTHWITHSTANDING THIS PROHIBITION, A COURT MAY AUTHORIZE THE POSSESSION OF SUCH AN ANIMAL IF THE OWNER COMPLIES WITH THE REQUIREMENTS OF SECTIONS 4-17(e) AND 4-17(f), AS WELL AS ANY OTHER CONDITIONS IMPOSED BY THE COURT. 8 ATTACHMENT 1 (b) An affirmative defense to the violation of subsection (a) of this section shall be: (1) That, at the time of the attack by the ANIMALdangerous dog, which caused injury to or the death of a domestic animal: a. . . . b. The domestic animal was biting or otherwise attacking the dangerous OR VICIOUS animal or its owner. (2) That, at the time of the attack by the dangerous dog, which caused injury to a person, the victim of the attack was: a. Committing or attempting to commit a criminal offense against the dog ANIMAL owner, and the attack did not occur on the owner's property; or b. . . . c. Tormenting, provoking, abusing or inflicting injury upon the ANIMAL dog in such an extreme manner that the attack was a result of the victim's actions. (c) . . . (d) . . . (e) . . . (1) . . . (2) . . . (3) At all times when the dog is at the property of the dog owner, the dog owner shall keep the dog confined except as further allowed by this section. When outdoors, the dog shall be confined in an escape-proof enclosure WHICH IS ALSO DESIGNED TO PREVENT ACCIDENTAL ENTRY BY ANYONE, INCLUDING CHILDREN. All structures must be locked with a key or combination lock when the dog is within the structure. Such structure shall have a secure bottom or floor attached to the sides of the pen or the sides of the pen shall be embedded in the ground no less than two (2) feet. All such structures must be adequately lighted and ventilated and kept in a clean and sanitary condition. All structures erected to house such dog must comply with all zoning and building requirements. The community services officer shall inspect the structure to ensure compliance with suchTHESE conditions. (4) . . . (5) . . . (6) . . . (7) . . . (8) . . . (9) The dog owner shall not sell or transfer the dog to any person except a member of the dog owner's immediate family OR TO A RESPONSIBLE CARETAKER who shall then be deemed the dog owner and subject to all the requirements of this title. For the purposes of this subsection, "immediate family" shall mean the owner's spouse, child, parent, or sibling, 9 ATTACHMENT 1 “RESPONISBLE CARETAKER” SHALL MEAN A PERSON APPROVED IN THE REASONABLE JUDGEMENT OF THE COMMUNITY SERVICE OFFICER. […] Sec. 4-18. Unlawful possession of aggressive ANIMAL OR dog. (a) It is unlawful for a person who is a dog owner to keep, harbor or possess an aggressive dog within the city. NOTWITHSTANDING THIS PROHIBITION, A COURT MAY AUTHORIZE THE POSSESSION OF SUCH AN ANIMAL IF THE OWNER COMPLIES WITH THE REQUIREMENTS OF SECTIONS 4-18(C) AND 4-18(D), AS WELL AS ANY OTHER CONDITIONS IMPOSED BY THE COURT. (b) . . . (c) . . . (1) The dog owner shall, at the dog owner's expense, have a microchip containing an identification number implanted into the dog and provide such information to the COMMUNITY SERVICE OFFICER section of the wheat ridge police department. The dog owner shall produce the dog for verification by a COMMUNITY SERVICE OFFICER of the microchip implementation. THE COMMUNITY SERVICE OFFICER SECTION OF THE WHEAT RIDGE POLICE DEPARTMENT shall maintain records containing the registration number and name of said dog and name and address of the dog owner. The dog owner shall be responsible for notifying THE COMMUNITY SERVICE OFFICER of any change in the address, ownership, or death of the dog. (2) . . . (3) . . . (4) . . . (d) . . . (1) . . . (2) . . . (3) The dog owner shall, at the dog owner's expense, have the animal spayed or neutered and shall provide proof to the COMMUNITY SERVICE OFFICER section of the wheat ridge police department that the sterilization has been performed. (e) . . . Sec. 4-31. Dog and cat licenses. (a) . . . (b) . . . (c) Required; described. A license is required for all dogs and cats FROM THE LICENSING AUTHORITY IDENTIFIED BY, AND IN FORM AND CONTENT APPROVED BY THE LICENSING ADMINISTRATOR the city as follows: A valid cat license shall be a current Mile-Hi rabies tag and registration certificate. A valid dog license shall be a dog license issued by the licensing 10 ATTACHMENT 1 administrator. A cat or dog owner may request an exemption to this requirement if, for medical reasons, his/her cat or dog cannot be vaccinated. In this event, a cat or dog owner must submit an affidavit from a licensed veterinarian stating the reasons why the cat or dog is unable to be vaccinated. (d) Wearing of tag; availability of certificate. A current and valid Mile-Hi rabies tag shall be worn on a collar or harness by the dog at all times, unless a current and valid tag from the licensing administrator, which requires proof of current rabies vaccination for its issuance, is worn on a collar or harness by the dog at all times. A current and valid registration certificate, as above-described, shall be kept in the possession of the owner of any dog or cat within the city, and such registration certificate or a copy of it shall be produced or producible by the owner as proof of current registration in the event of loss or the correspondingly numbered tag. (e) . . . (f) . . . (g) Obtainment from licensed veterinarian. Mile-Hi rabies tags and registration certificates are only to be issued by and obtained from veterinarians currently licensed to practice veterinary medicine in the state. (h) New residents. New residents of the city may be issued a current Mile-Hi rabies tag and registration certificate for their cat or dog by a veterinarian licensed to practice in the state, upon proof of having had the cat or dog vaccinated for rabies by a licensed veterinarian. (i) . . . Sec. 4-33. Guard dogs. It shall be unlawful for any person to place or maintain guard dogs in any area for the protection of persons or property unless the following conditions are met: (1) The dogs shall be confined to an enclosed area adequate to ensure they will not escape AND SO AS TO HAVE SAFEGUARDS IN PLACE THAT PREVENT ACCIDENTAL OR UNINTENTIONAL ENTRY BY ANYONE, INLCUDING CHILDREN; or (2) . . . (3) . . . (4) . . . (5) COMMUNITY SERVICE OFFICERS SHALL HAVE THE AUTHORITY TO ISSUE A CEASE AND DESIST ORDER IF THEY DETERMINE THAT THE PRESENCE OR CIRCUMSTANCES OF GUARD DOGS POSE A DANGER TO ANY PERSON, PROPERTY, OR ANIMAL. SUCH CEASE AND DESIST ORDER IS SUBJECT TO THE ADMINISTRATIVE HEARING APPEALS PROCESS AT CODE SECTION 2-80 et seq. Sec. 4-34. Kennel licenses. 11 ATTACHMENT 1 (a) . . . (b) . . . (c) . . . (d) . . . (e) .. . . (1) . . . (2) . . . (3) . . . (4) . . . (5) Community service officers or any agent of the chief of police have the authority to inspect any licensed facility under this section during normal posted business hours, OR AT ANY TIME IF THERE IS REASONABLE CAUSE TO SUSPECT THAT THE OPERATION IS A DANGER TO THE HEALTH AND SAFETY OF THE ANIMAL OR THE PUBLIC. Sec. 4-52. Custody and disposition of impounded animals. (a) . . . (b) . . . (c) . . . (d) . . . (e) . Whenever a community services officer or other employee or agent of the city impounds an animal, such animal shall be impounded in a humane manner for a period of not less than five (5) days following the date of notice to the animal owner of such impoundment pursuant to section 4-53; any animal so impounded which is not claimed within said five-day period may be disposed of by sale, donation or destruction at the sole discretion of the animal shelter. WHENEVER A COMMUNITY SERVICES OFFICER OR OTHER EMPLOYEE OR AGENT OF THE CITY IMPOUNDS AN ANIMAL, SUCH ANIMAL SHALL BE IMPOUNDED IN A HUMANE MANNER FOR A PERIOD OF NOT LESS THAN FIVE (5) DAYS FOLLOWING THE DATE OF NOTICE TO THE ANIMAL OWNER OF SUCH IMPOUNDMENT PURSUANT TO SECTION 4-53. NO ANIMAL SHALL BE DESTROYED, SOLD, OR DONATED UNLESS ORDERED BY A JUDGE AFTER A HEARING, WHICH MAY BE NOTICED AT THE SAME TIME AS THE IMPOUNDMENT NOTICE, PROVIDED THE HEARING OCCURS NO SOONER THAN FIVE (5) DAYS AFTER THE HEARING NOTICE IS GIVEN. EXCEPTIONS APPLY IN CASES WHERE THE ANIMAL IS CRITICALLY ILL OR INJURED, SUFFERING EXTREME PAIN, AND/OR HAS A POOR PROGNOSIS FOR RECOVERY. THE ANIMAL SHELTER SHALL CONSULT WITH A VETERINARIAN AS TO THE DISPOSITION OF INJURED ANIMAL, WHEN THE ANIMAL’S PROGNOSIS CANNOT BE ASCERTAINED BY THE ANIMAL SHELTER WITH REASONABLE CERTAINTY. THE OWNER OF AN IMPOUNDED ANIMAL IS RESPONSIBLE FOR BOARDING AND IMPOUNDMENT FEES ESTABLISHED BY THE SHELTER. THE CITY, ITS EMPLOYEES, THE ANIMAL SHELTER, AND ANY 12 ATTACHMENT 1 CONSULTED VETERINARIAN SHALL BE IMMUNE FROM LIABILITY FOR ANY ACTIONS TAKEN PURSUANT TO THIS SECTION. (f) No animal shall be destroyed before the lapse of five (5) days following notice of impoundment pursuant to section 4-53, unless the animal shelter determines that the animal is critically ill or injured, is suffering extreme pain, and/or has a poor prognosis for recovery. The animal shelter shall consult with a veterinarian as to the disposition of injured animals, when the animal's prognosis cannot be ascertained by the animal shelter with reasonable certainty. The owner of any impounded animal shall be responsible for the payment of such boarding and impoundment fees established by the animal shelter. The city and its employees, the animal shelter and its employees, and any veterinarian consulted shall be immune from liability for any actions taken pursuant to this section. (g) (f) Notwithstanding the foregoing, whenever an animal is impounded by order of the municipal court or other court, the animal shelter shall not sell, donate or destroy such animal unless such action is permitted by a subsequent order of the same court which ordered the initial impoundment. THE MUNICIPAL COURT IS AUTHORIZED TO ORDER A HOLD ON ANIMALS SUSPECTED OF NEGLECT, AS WELL AS ANY ANIMALS SEIZED OR IMPOUNDED DUE TO CRUELTY, INHUMANE CONDITIONS, DESIGNATION AS A DANGEROUS OR AGGRESSIVE DOG, OR FOR BEING A SERVICE ANIMAL, UNTIL THE RESOLUTION OF THEIR CASE. Section 2. Section 2-80 of the Municipal Code is amended to read: Purpose; scope. The purpose of this article is to encourage prompt compliance with this Code and prompt payment of penalties for violations thereof. This article provides for administrative PROCEDURES AND penalties that may be imposed for violation of the following portions of this Code CHAPTER 4, ARTICLES I AND II ANIMALS, chapter 5, buildings and building regulations; chapter 9, health; chapter 13, motor vehicles and traffic; chapter 15, nuisances; article X of chapter 11 concerning massage businesses, article XIV of chapter 11 concerning short term rentals; chapter 21, streets and sidewalks; chapter 22, taxation; chapter 24, vegetation; chapter 26, zoning. Section 3. Section 26-204 (zone district use schedule) of the Code is amended by replacing the note in the “Table of Uses - Agricultural and Public Facilities” as follows: 13 ATTACHMENT 1 Uses Notes A-1 A-2 PF […] General farming and raising or keeping of stock, bee keeping, poultry or small animals such as rabbits or chinchillas keeping of swine INCLUDED in A-2: The keeping of swine and/or potbellied pigs, Sus Scrofa Vittatus, except such animals shall not be fed garbage PROHIBITED IN ALL DISTRICTS: THE RAISING OR KEEPING OF SWINE, WITH THE EXCEPTION OF POTBELLIED PIGS, . Section 2. Section 26-206 of the Code is amended by the addition of new subsections B and G with appropriate re-numbering of the section to read as follows: Sec. 26-606. - Small animals and poultry. The private keeping of small animals, such as dwarf goats, rabbits and chinchillas, or poultry, such as chickens, ducks, geese, pheasants or pigeons, shall be subject to the following requirements. This section shall not apply to conforming lots in the A-1 or A-2 districts. A. Except when in compliance with section 26-605 (large animals), dwarf goats shall be limited to a maximum of three (3) per residential dwelling unit, plus their unweaned offspring and provided no un-neutered male dwarf goats shall be allowed. For each dwarf goat, a minimum of one hundred thirty (130) square feet of permeable lot area shall be provided in the side or rear yard. B. FOR LOTS THAT ARE UNDER ONE (1) ACRE IN SIZE, ONLY ONE (1) ROOSTER IS PERMITTED IN RESIDENTIAL AND AGRICULTURAL ZONE DISTRICTS. FOR LOTS THAT ARE ONE (1) ACRE IN SIZE OR LARGER, UP TO THREE (3) ROOSTERS ARE PERMITTED IN RESIDENTIAL AND AGRICULTURAL DISTRICTS. ROOSTERS ARE NOT PERMITTED IN ANY OTHER ZONE DISTRICTS. C. Poultry houses and pigeon coops, or the portions of these and other structures used to house or provide shelter for small animals, shall not exceed four hundred (400) square feet of ground floor area nor twelve (12) feet in height. D. Hutches for small animals shall not exceed one hundred (100) square feet of ground floor area with a maximum of two (2) floors or levels. E. Maximum ground floor areas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. F. All houses, coops, hutches or portions of these and other structures housing or providing shelter for small animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines, and shall be 14 ATTACHMENT 1 no closer than thirty (30) feet from a residence or other main structure on an adjacent property. G. THE RAISING OR KEEPING OF SWINE IS PROHIBITED IN ALL ZONE DISTRICTS WITH THE CITY. THIS PROHIBITION SHALL NOT APPLY TO POTBELLIED PIGS WHICH MUST COMPLY WITH SECTION 4-14. H. The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibited, as regulated by chapter 15 of this Code of Laws. I. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. 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 23rd day of March 2026, ordered published by title in a newspaper of general circulation in the City of Wheat Ridge and in full on the City’s website, and Public Hearing and consideration on final passage set for April 13, 2026, continued to June 8, 2026 for final passage at 6:30p.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 8th day of June 2026. SIGNED by the Mayor on this _____ day of ____________, 2026. ________________________________ Korey Stites, Mayor ATTEST: _____________________________________ Onorina Maloney, Sr Deputy City Clerk Approved as to Form ______________________________ Gerald E. Dahl, City Attorney 15 ATTACHMENT 1 First Publication: March 24, 2026 Second Publication: June 9, 2026 Effective Date: June 24, 2026 Published: Jeffco Transcript and www.ci.wheatridge.co.us Planning Commission Minutes -1 – February 19, 2026 PLANNING COMMISSION Draft Minutes of Meeting February 19, 2026 CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair DISNEY at 6:30 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 Michael Moore Syrma Quinones Anna Sparks Commission Members Absent: Krista Holub Staff Members Present: Marianne Schilling, Deputy City Manager Jana Easley, Planning Manager Stephanie Stevens, Senior Planner (via Zoom) Scott Cutler, Senior 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 – December 18, 2025 It was moved by Commissioner SPARKS and seconded by Commissioner MOORE to approve the minutes of December 18, 2025, as written. Motion approved 5-0. 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 ATTACHMENT 2 Planning Commission Minutes - 5 – February 19, 2026 found Wheat Ridge's can-do and proactive attitude refreshing, making the city appear forward-looking, and he appreciated it. Commissioner SPARKS stated she would not want the city to miss out on millions of dollars from state grants in the future. If this is what the state wishes, even though it takes away some authority from the commission, and if it makes sense to the state, it makes sense to her. Vice Chair DISNEY close the public hearing. It was moved by Commissioner MOORE and seconded by Commissioner QUINONES to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws supporting compliance with state legislation regarding housing supportive code amendments to remain eligible for state funding opportunities. Commissioner MOORE stated he wanted to thank staff for the presentation and work. He was excited about what's happening at Ridge Road. Motion carried 5-0. C. Case No. ZOA-26-3: An Ordinance amending the Wheat Ridge Municipal Code to impose zoning limitations on the keeping of small animals. Vice Chair DISNEY opened the public hearing. Ms. Schilling gave a short presentation regarding the ordinance. Public Comment No one wished to speak at this time. Commissioner SPARKS asked about the system to help with roosters, similar to the system for barking dogs. Ms. Schilling explained that they are called "crow collars" and help with noise mitigation as best they can. Community service officers treat roosters similarly to barking dogs, where it's not necessarily always a noise violation but rather an expectation of reasonability regarding what you can expect from crowing or barking. Commissioner QUINONES asked if there are individuals in residential areas on less than one acre with more than one rooster. Planning Commission Minutes - 6 – February 19, 2026 Ms. Schilling responded that the city doesn't currently track this since no permit is required, so they don't have any numbers. Commissioner QUINONES asked what happens once this ordinance passes. Ms. Schilling explained that if a property had more than one rooster, it would likely be able to maintain their roosters, but as the roosters pass, they wouldn't be able to replace those roosters. Vice Chair DISNEY asked how many properties in Wheat Ridge are larger than an acre that would have roosters, noting there can't be many left. Ms. Easley, referring to a table from the previous agenda item, stated that there is very little agricultural or larger-than-one-acre residential property within the city, so it would be a very small percentage. Vice Chair DISNEY asked how animal control polices work—whether it's one strike, two strikes, three strikes. Ms. Schilling explained it's similar to how they police dogs. It would be a longer-term issue that wasn't being mitigated. Sometimes they request folks to bring their roosters indoors for a certain amount of time or wear crow collars, and they ask for support from owners. It depends on how often they're crowing, how loud, and how disruptive. There's no one-size- fits-all solution. Crow collars have proven helpful. Vice Chair DISNEY asked why roosters are necessary, noting they help breed chickens but questioning why someone would need a rooster. Commissioner SPARKS offered to answer, having grown up on a chicken farm. She explained that roosters have a large spur on the back of their leg and aggressively protect hens under their control. Many predators want to eat hens and eggs, and they're very clever. Sometimes roosters lead hens up into trees to protect them from ground-dwelling predators. Commissioner GRAEVE then noted finding one of the more interesting points in the materials: that all surrounding neighboring communities don't allow roosters. He asked what about the city's decision made City Council go a different direction than neighboring communities and actually permit them. Ms. Schilling clarified that the city has always implicitly allowed roosters through allowing poultry, so that hasn't changed. Now they would be Planning Commission Minutes - 7 – February 19, 2026 explicitly allowing roosters for lots of a certain size. She stated that City Council was trying to maintain its urban agricultural roots and felt areas and lots of that size make sense. For City Council, there wasn't any perspective during the conversation where they felt it was worth abandoning roosters completely. Commissioner MOORE asked whether the city currently has a swine problem or if this is more battening down the hatches. Ms. Schilling stated she's not aware of an existing swine problem. Ms. Easley added that the city does get inquiries, and the code is somewhat unclear. Vice Chair DISNEY closed the public hearing. It was moved by Commissioner GRAEVE and seconded by Commissioner QUINONES to recommend approval of the proposed ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning the keeping of small animals and making conforming amendments therewith. Commissioner GRAEVE offered a quick comment, noting that he's known people who have gotten chicks and don't know when they arrive if it will be a hen or a rooster. What if one turns out to be a rooster? Urban folks with chickens then have to do something with the rooster. As someone who embraced the city's urban agriculture reputation many years ago, it's comforting to see this carried forward and the city being bold enough to allow folks to have something on their property that is an element of sustainability and can be beneficial in many ways. He commended this decision by council and the city. Motion carried 5-0. 7. OLD BUSINESS 8. NEW BUSINESS A. Upcoming Dates Ms. Easley confirmed there is no meeting on March 5 but possibly on March 19. B. Project and Development Updates Ms. Easley provided several updates including that former City Councilor Janeece Hoppe has been newly elected as city clerk, and the city is ITEM NUMBER: 3 DATE: June 8, 2026 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 11-2026 TITLE: AN ORDINANCE REAPPOINTING JONATHAN LUCERO AS PRESIDING MUNICIPAL COURT JUDGE AND APPROVING A MUNICIPAL JUDGE SERVICES AGREEMENT ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City’s Home Rule Charter provides for appointment of the municipal court judge for a term of two years. The current term of Presiding Judge Jonathan Lucero expires July 1, 2026. PRIOR ACTION: June 22, 2024: Judge Lucero was appointed by City Council in 2024. FINANCIAL IMPACT: The Judge is presently compensated at $110.00 per hour and has requested a new rate of $135.00 per hour. BACKGROUND: The City of Wheat Ridge Municipal Court operates an Administrative Management Model, as opposed to the previous Judicial Management Model, assigning hiring and personnel management to the Court Administrator under the direction of City management, while still aligning with the Charter giving assignment of general supervision of the court personnel to the presiding judge. Administrative functions are overseen by the Court Administrator who reports to the Deputy City Manager. The Presiding Municipal Judge retains all judicial responsibilities. Charter and Code Considerations Sec. 8.2 of the Municipal Charter enables the City of Wheat Ridge to organize a Council Action Form – Appointment of Presiding Judge June 8, 2026 municipal court. The Charter requires that the City Council appoint a judge to serve a two (2) year term and that they be a member of the Bar of the State of Colorado and have a minimum of five years’ experience on the bench or in the active practice of law in Colorado immediately prior to appointment. Chapter 14 of Municipal Code further codifies the powers, jurisdiction and workings of the court and presiding judge. Presiding Judge Scope of Work The City of Wheat Ridge Municipal Court has authority over traffic violations and local ordinances. Court is in session ten to twelve days per month (Tuesday, Wednesday and two Thursdays) with additional virtual prisoner hearings on Mondays and Fridays as necessary to meet the state’s regulation that prisoners be seen within 48 hours. It is anticipated the Presiding Judge will work approximately 20 – 25 hours per week. The Presiding Municipal Judge works with the Court Administrator and Court Staff in a professional and courteous manner to establish and maintain processes and procedures to ensure efficient and legally defensible courtroom practices. The Presiding Judge will participate in implementation of various City programs as they relate to Municipal Court. The selected appointee will demonstrate impeccable character, integrity, reputation, judgment, experience, and efficiency. Judicial functions include, but may not be limited to: • Preside over court sessions. Interpret and apply the law, make legal rulings, and ensure that the proceedings are conducted fairly and according to established legal procedures. • Responsible for making legal decisions based on the facts presented and applicable laws. Adjudicate cases by listening to evidence, determining the guilt or innocence of the accused, and in the case of guilt, imposing appropriate penalties. • Interpret and apply the law to specific cases. • Ensure that legal principles are correctly understood and followed. • Uphold the principles of due process, ensuring that all parties involved in a case are treated fairly and have the opportunity to present their case. • Adopt rules and regulations to conduct the business of the Court. • Appoint referees or administrative hearing officers. RECOMMENDED MOTION: “I move to approve Council Bill No. 11-2026, an ordinance reappointing Jonathan Lucero as Presiding Municipal Court Judge and approving a Municipal Judge Services Agreement, on first reading, order it published, public hearing set for Monday, June 22, 2026, at 6:30 p.m., as a virtual meeting and in City Council Chambers, 7500 West 29th Avenue, and that it takes effect upon adoption at second reading.” Council Action Form – Appointment of Presiding Judge June 8, 2026 Or, “I move to postpone indefinitely Council Bill No. 11-2026, an ordinance reappointing Jonathan Lucero as Presiding Municipal Court Judge and approving a Municipal Services Agreement for the following reason(s).” REPORT PREPARED/REVIEWED BY: Marianne Schillng, Deputy City Manager Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 11-2026 2. Municipal Judge Services Agreement ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 11 Ordinance No. 1844 Series 2026 TITLE: AN ORDINANCE REAPPOINTING JONATHAN LUCERO AS PRESIDING MUNICIPAL COURT JUDGE AND APPROVING A MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and as authorized by the charter the Council has provided for a municipal court and judge; and WHEREAS, the Council wishes to continue the appointment of Jonathan Lucero as Presiding Municipal Court Judge and approve a Municipal Judge Services Agreement; and WHEREAS, Charter Section 8.5 requires the Council to set the Judge’s compensation by ordinance. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Jonathan Lucero is hereby reappointed as municipal court judge to serve a term of two years, expiring on July 1, 2028, at which time the Council shall consider reappointment. The Judge’s compensation shall be $135.00 per hour. The terms and conditions of the Judge’s employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2026, attached hereto as Exhibit A and incorporated herein by this reference. Section 2. Severability: Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall 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 upon adoption at second reading, as permitted by the Charter. ATTACHMENT 1 INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 8th day of June 2026, 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 June 22, 2026, 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 ______, 2026. SIGNED by the Mayor on this _____ day of ____________, 2026 ATTEST: Janeece Hoppe, City Clerk Korey Stites, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: June 9, 2026 Second Publication: June 23, 2026 Effective Date: June 22, 2026 Published: Jeffco Transcript and www.wheatridge.gov ATTACHMENT 2 CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2026 ("Effective Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the “City”) and JONATHAN M. LUCERO, (“Presiding Judge”), together referred to herein as the "Parties." In consideration of the mutual promises and covenants contained herein, the Parties agree as follows: ARTICLE 1 – SERVICES The Presiding Municipal Judge works with the Court Administrator and Court Staff in a professional and courteous manner to establish and maintain processes and procedures to ensure efficient and legally defensible courtroom practices. The Presiding Judge will participate in implementation of various City programs as they relate to Municipal Court. The Presiding Judge will demonstrate impeccable character, integrity, reputation, judgment, experience, and efficiency. Judicial functions include, but may not be limited to: A. Ensure the presence of a municipal judge at all Court cases, by either presiding over such cases personally or by arranging for relief or associate Judges. B. Interpret and apply the law, make legal rulings, and ensure that the proceedings are conducted fairly and according to established legal procedures. C. Make legal decisions based on the facts presented and applicable laws. Adjudicate cases by listening to evidence, determining the guilt or innocence of the accused, and in case of guilt impose appropriate penalties. D. Interpret and apply the law to specific cases. Ensure that legal principals are correctly understood and followed. E. Uphold the principles of due process, ensuring that all parties involved in a case are treated fairly and have the opportunity to present their case. F. Adopt rules and regulations to conduct the business of the Court. G. Appoint referees or administrative hearing officers. ARTICLE 2 – QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications: A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of Colorado; and B. Resident within 40 miles of the Wheat Ridge Municipal Court. -2- ARTICLE 3 - TERM; TERMINATION Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on July 1, 2028. This Agreement may be terminated during its term for any of the reasons enumerated in Section 8.3 of the Charter. ARTICLE 4 – COMPENSATION The Parties agree that the Presiding Judge shall be compensated at $135.00 per hour for services rendered under this Agreement. This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget year. ARTICLE 5 – INDEMNIFICATION AND INSURANCE Pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S., Presiding Judge is an appointed official of the City entitled to any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising out of his performance of his official duties as described. ARTICLE 6 – CHARTER, LAWS, AND ORDINANCES The Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal, state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated. ARTICLE 7 – INDEPENDENT CONTRACTOR The Presiding Judge shall be and remain at all times an independent contractor. Although the Presiding Judge will be an official of the City, the Presiding Judge shall make no representation that he is an employee of the City for any reason. ARTICLE 8 – JUDICIAL INDEPENDENCE An independent, fair, and impartial judiciary is indispensable to our system of justice. The United States legal system is based upon the principle that an independent, impartial, and competent judiciary, composed of men and women of integrity will interpret and apply the law that governs our society. Thus, the judiciary plays a vital role in preserving the principles of justice and the rule of law. Judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to maintain and enhance confidence in the legal system. The Presiding Judge is expected to uphold these principles. -3- ARTICLE 9 – JUDICIAL IMPARTIALITY The Presiding Judge shall uphold and apply the law and shall perform all duties of judicial office impartially. Impartially means absence of bias or prejudice in favor of, or against, particular parties or classes of parties, as well as maintenance of an open mind in considering issues that may come before the judge. The Presiding Judge shall perform the duties of the judicial office without bias or prejudice. The Presiding Judge shall not be swayed by public clamor or fear of criticism. Presiding Judge shall not permit social, political, financial, or other interests or relationships to influence the judge’s judicial conduct or judgment. The Presiding Judge shall not convey or permit others to convey the impression that any person is able to influence the judge. ARTICLE 10 – LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County, Colorado. ARTICLE 11 – NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed to have been given when deposited in the United States Mail. If to the City: City Manager 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924 With a copy to: City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80033 Fax: (303) 234-5924 If to Presiding Judge: Jonathan M. Lucero, Esq. 7500 W. 29th Avenue Wheat Ridge, CO 80033 Fax (303) 980-1721 Jonathan.Lucero@yahoo.com -4- ARTICLE 12 – ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Presiding Judge may not be assigned, delegated, or subcontracted (other than via the use of associate or relief judges as herein described) except with the express written consent of the City. ARTICLE 13 – SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. ARTICLE 14 – INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by the Presiding Judge and an authorized representative of the City. ARTICLE 15 – AMENDMENTS The City may from time to time require changes in the scope of services of the Presiding Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge’s compensation, must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and year first written above. -5- ATTEST: CITY OF WHEAT RIDGE, COLORADO ________________________________ By: ____________________________ Janeece Hoppe, City Clerk Korey Stites, Mayor APPROVED AS TO FORM: ______________________________ Gerald E. Dahl, City Attorney PRESIDING JUDGE ________________________________ Jonathan M. Lucero ITEM NUMBER: 4 DATE: June 8, 2026 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 12-2026 TITLE: AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO TRANSFER THE DUTIES OF THE BOARD OF ADJUSTMENT TO THE PLANNING COMMISSION ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The item under consideration is to amend Chapter 2 of the Wheat Ridge Code of Laws to transfer the duties of the Board of Adjustment to the Planning Commission. PRIOR ACTION: City Council discussed this topic at its April 20, 2026, study session and directed staff to proceed with preparing an ordinance to effect transferring the duties of the Board of Adjustment to the Planning Commission. FINANCIAL IMPACT: Approval of this ordinance is not expected to have any financial impact on the city. BACKGROUND: The Board of Adjustment (BOA) is created in the Wheat Ridge Code of Laws in Section 2-61. The BOA’s primary role is to preside over public hearings related to variances from certain standards in the city’s zoning and sign code. They also hold public hearings when an applicant appeals for an interpretation of the zoning code. These responsibilities are described in Section 26-115 (Variances/temporary permits/interpretations). The volume of variance applications has dropped over the years. Additionally, as a result of expanding the use of administrative review for variance requests in 2007, the number of non-administrative variances has decreased, and the BOA has met less frequently over the past two decades. Council Action Form – Transfer of BOA Duties June 8, 2026 The BOA is comprised of resident volunteers, including two residents from each district as well as alternates, who have an interest in serving the community in a quasi-judicial capacity. Because the BOA meets only occasionally, appointed individuals often have limited opportunities to actively engage in decision-making. This can be a disservice for volunteers who have committed their time and interest to serving in a public role but are unable to regularly exercise the duties associated with that appointment. This transfer of duties would occur following the completion of the BOA members’ current terms through March 2027 to provide an orderly transition of duties. During this interim period, current members of the BOA shall not be subject to the single-board limit established by Section 2-53(a) and would be eligible to apply for and begin serving on one other city board or commission until their BOA term expires in March 2027. RECOMMENDATION: Staff and the city attorney recommend approval of the ordinance. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. RECOMMENDED MOTION: “I move to approve Council Bill No. 12-2026, an ordinance amending Chapter 2 of the Wheat Ridge Code of Laws to transfer the duties of the Board of Adjustment to the Planning Commission, on first reading, order it published, public hearing set for Monday, July 13, 2026, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately after final publication.” Or, “I move to postpone indefinitely Council Bill No. 12-2026, an ordinance amending Chapter 2 of the Wheat Ridge Code of Laws to transfer the duties of the Board of Adjustment to the Planning Commission, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager Gerald Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 12-2026. ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 12 Ordinance No. 1845 Series of 2026 TITLE: AN ORDINANCE AMENDING CHAPTER 2 OF THE WHEAT RIDGE CODE OF LAWS TO TRANSFER THE DUTIES OF THE BOARD OF ADJUSTMENT TO THE PLANNING COMMISSION WHEREAS, the City of Wheat Ridge (“City”) is a Colorado home rule municipality operating under a Charter approved by the electorate pursuant to Article XX of the Colorado Constitution and governed by its elected City Council (“Council”); and WHEREAS, the Council has authority pursuant to the Home Rule Charter and C.R.S. §31-16-101, et seq. to adopt and enforce ordinances and to create, modify, or dissolve boards and commissions; and WHEREAS, Section 2-61 of the Wheat Ridge Code of Laws establishes the Board of Adjustment to hear and decide requests for variances, waivers, and interpretations related to the City’s zoning ordinance, sign code, and subdivision regulations; and WHEREAS, the volume of variance requests has dropped significantly over the last 20 years resulting in a significant reduction in the number of cases requiring Board of Adjustment review; and WHEREAS, the Board of Adjustment now meets infrequently, and appointed members have limited opportunities to actively participate in quasi-judicial proceedings and public service; and WHEREAS, the Planning Commission already serves in a quasi-judicial role and currently hears certain variance requests associated with other land use applications; and WHEREAS, the City Council finds that consolidating Board of Adjustment duties with the Planning Commission will promote administrative efficiency, provide more consistent land use decision-making, and create greater opportunities for appointed officials to participate in public hearings and land use matters; and WHEREAS, the City Council further finds that maintaining the Board of Adjustment as a legally distinct body while assigning its duties to the members of the Planning Commission is in the best interests of the City; and ATTACHMENT 1 WHEREAS, the City Council desires to allow current Board of Adjustment members to complete their current terms through March 2027 in order to provide an orderly transition of duties. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-61(a) of the Wheat Ridge Code of Laws, regarding the Board of Adjustment, is hereby amended as follows: (a) The board of adjustment shall have the authority to hear and decide requests for variances and waivers of the city zoning ordinance and sign code, and for interpretation of those ordinances and codes and the subdivision regulations, subject to those guidelines set forth in section 26-115, and as approved by the city council in the form of official rules and regulations for the board of adjustment. The members of the board of adjustment shall be those individuals appointed to serve as the planning commission, as described in Section 2-60(h). Terms of office for the planning commission and board of adjustment shall run concurrently. Section 2. Section 2-60 of the Wheat Ridge Code of Laws, regarding the Planning Commission, is hereby amended by the addition of a new subsection (h) as follows: (h) The members appointed to serve as the planning commission shall also serve as and perform the duties of the board of adjustment as described in Section 2-61. Terms of office for the planning commission and board of adjustment shall run concurrently. Section 3. Section 2-53(a) of the Wheat Ridge Code of Laws, regarding board and commission members, is hereby amended as follows: (a) Members of all boards and commissions shall be residents of the city and registered voters. Members of all boards and commissions shall be at least eighteen (18) years of age at the time of appointment. All board and commission members shall serve without compensation. No board or commission member shall hold elective governmental office for the city or be employed by the city during tenure as a member of a board or commission. Except for members of the election commission, no board or commission member shall simultaneously serve on more than one (1) city board or commission. No board or commission member shall simultaneously serve on more than one (1) city board or commission, except as follows: i. Members of the election commission shall be eligible to serve on one (1) other city board or commission ATTACHMENT 1 ii. Members of the planning commission shall also serve as the board of adjustment as described in Sections 2-60 and 2-61. Section 4. Term of Current BOA Members. Effective immediately, the terms of all current board of adjustment members shall be modified to expire in March 2027. Section 5. Transition Period. Effective immediately and in recognition of the transfer of duties of the board of adjustment, current members of the board shall not be subject to the single-board limit established by Section 2-53(a) and are eligible to apply for and serve on one (1) other city board or commission until their board of adjustment term expires in March 2027. Section 6. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 7. 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 8. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 8th day of June 2026, 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 July 13, 2026 at 6:30 p.m., as a virtual meeting and in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this __ day of ____, 2026. ATTACHMENT 1 SIGNED by the Mayor on this _____ day of ____________, 2026. _______________________________ Korey Stites, Mayor ATTEST: _______________________________ Janeece Hoppe, City Clerk Approved as to Form _______________________________ Gerald E. Dahl, City Attorney First Publication: June 9, 2026 Second Publication: July 14, 2026 Effective Date: July 13, 2026 Jeffco Transcript and https://www.wheatridge.gov ITEM NUMBER: 5 DATE: June 8, 2026 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 13-2026 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING DISPOSITION OF LOST, ABANDONED, AND UNCLAIMED PROPERTY ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Colorado Revised Uniform Unclaimed Property Act (the “Act’) generally requires holders of unclaimed property, such as the City, to disburse unclaimed cash and cash instruments to the state treasurer. The Act had allowed a local government to exempt itself from the Act if it adopted a local ordinance concerning unclaimed property, which the City did in February 2025. However, on June 4, 2025, Governer Polis signed House Bill 25-1224 which removed this exemption from the Act. This ordinance revises Code sections to comply with the Act, as amended on June 4, 2025, and simplifies the procedure for the City’s disposition of unclaimed property. PRIOR ACTION: City Council approved an ordinance on February 24, 2025 exempting the City from certain provisions of the Act. FINANCIAL IMPACT: There is no significant fiscal impact associated with adoption of this ordinance. The amendments provide administrative clarity and establish updated procedures for the handling and disposition of property held by the City. Any revenue resulting from forfeited or disposed property is expected to be minimal and consistent with current practice. BACKGROUND: The proposed ordinance modernizes the City’s procedures for managing unclaimed property and aligns municipal practices with applicable provisions of Colorado law. Council Action Form – Lost, Abandoned, and Unclaimed Property June 8, 2026 Key amendments include: • Clarifying the distinction between tangible and intangible unclaimed property. • Requiring intangible property, such as cash and financial instruments, to be remitted to the State Treasurer in accordance with Colorado’s Unclaimed Property Act. • Establishing clear procedures for notice, claims, and disposition of tangible unclaimed property held by the City. • Updating Police Department procedures governing lost and abandoned property to reflect current operational practices and state law requirements. • Repealing obsolete sections of Chapter 19 and consolidating procedures into a more streamlined and administratively efficient framework. • Preserving the rights of finders of lost property under specified circumstances. The ordinance also authorizes the City Manager to establish administrative procedures necessary to implement and enforce the updated requirements. RECOMMENDATIONS: Staff and City Attorney recommend approval. RECOMMENDED MOTION: “I move to approve Council Bill No. 13-2026, an ordinance amending the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, and unclaimed property, on first reading, order it published, public hearing set for Monday, June 22, 2026, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect fifteen days after final publication as provided by the Charter.” Or, “I move to postpone indefinitely Council Bill No. 13-2026, an ordinance amending the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, and unclaimed property, for the following reason(s) _________________.” REPORT PREPARED/REVIEWED BY: Gerald Dahl, City Attorney Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 13-2026 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 13 Ordinance No. 1846 Series 2026 TITLE: AN ORDINANCE AMENDING SECTION 205 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING DISPOSITION OF LOST, ABANDONED, OR UNCLAIMED PROPERTY WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-23-101, the City, acting through its City Council (the “Council”), is authorized to adopt ordinances for the protection of the public health, safety or welfare; and WHEREAS, in the exercise of this authority the Council has previously adopted provisions withing the Code of Laws concerning lost or abandoned property; and WHEREAS, the Council wishes to amend Section 2-5 of the Code on disposition of unclaimed property generally; and WHEREAS, the Council also wishes to amend Code section 19-80 to render it consistent with state law, Code section 19-79, and the standard operating procedures of the Police Department. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-5 of the Code of Laws is amended to read in its entirety as follows: Sec. 2-5. Disposition of unclaimed property. (a) Purpose. The purpose of this section is to provide for the administration and disposition of unclaimed property which is in the possession of or under the control of the municipalityCITY. (b) Definitions. Unless otherwise required by context or use, words and terms shall be defined as follows: (1) .Unclaimed property means INTANGIBLE PROPERTY AND TANGIBLE PROPERTY AS DEFINED HEREIN. Any tangible or intangible property, including any income or increment derived therefrom, less any lawful charges, that is held by or under the control of the CITYmunicipality and which has not been claimed by its owner AS PROVIDED HEREIN. for a period of more than two (2) years after it became payable or distributable. For purposes of this section, "unclaimed property" shall not mean lost, abandoned, stolen or confiscated personal property as provided in article IV, chapter 19 of this Code. The disposition of lost, abandoned, stolen or confiscated personal property shall be governed by the provisions contained in article IV, chapter 19, notwithstanding the provisions of this section. (2) INTANGIBLE PROPERTY MEANS CASH AND FINANCIAL INSTRUMENTS AS DEFINED AT CRS 38-13-102 AND CRS 38-13-205, AND THE CONTENTS OF SAFE DEPOSIT BOXES. (3) Municipality means the City of Wheat Ridge, Colorado. (3) Owner means a person or entity, including a corporation, partnership, association, governmental entity other than the municipality, or a duly authorized legal representative or successor in interest of same, which owns unclaimed property held by the municipalityCITY. (4) TANGIBLE PROPERTY MEANS ALL PROPERTY OTHER THAN INTANGIBLE PROPERTY. (c) Procedure for disposition of property DISPOSITION PROCEDURE - TANGIBLE PROPERTY: (1) TANGIBLE PROPERTY MAY BE DISPOSED OF 60 DAYS AFTER IT HAS BEEN HELD BY THE CITY AS UNCLAIMED. (2) Prior to disposition of any unclaimed property, the city clerk shall cause a notice to be SENTpublished in a newspaper of general circulation in the municipality. In addition, the city clerk shall send a written notice by certified mail, return receipt requested, to the last known address, if any, of any owner of THE unclaimed property. The last known address of the owner shall be the last address of the owner as shown by the records of the municipal department or agency holding the property. Each such notice shall include a description of the property, the amount or estimated value of the property and when available, the purpose for which the property was deposited or otherwise held. Each suchTHE notice shall state where the owner may make inquiry of or claim the property,. Each such notice AND shall also state that if the owner fails to provide the city clerk with a written claim for the return of the property within sixty (60) days of the date of the notice, the property shall become the sole property of the CITYmunicipality and any claim of the owner to such property shall be deemed forfeited. (3) If the city clerk receives no written claim within the above sixty-day claim period, the property shall become the sole property of the CITYmunicipality and any claim of the owner to such property shall be deemed forfeited. (4) If the city clerk receives a written claim within the sixty-day claim period, the city manager shall evaluate the claim and DETERMINE WHETHER THE CLAIM IS give written notice to the city clerk and the claimant within ninety (90) days thereof that the claim has been accepted or denied in whole or in part. The city manager may request further supporting documentation from the claimant prior to disbursing or refusing to disburse the property. In the event that there is more than one claimant for the same property, the city manager may, at the city manager's option, resolve such claims or may resolve such claims by depositing the disputed property with the registry of the District Court in an interpleader action. (5) In the event that all THE claims filed are IS denied, the property shall become the sole property of the CITYmunicipality and any claim of the owner of such property shall be deemed forfeited. (6) Any legal action filed challenging a decision of the city manager shall be filed pursuant to Rule 106 of the Colorado Rules of Civil Procedure within thirty (30) days of such decision or shall be forever barred. If any legal action is timely filed, the property shall be disbursed by the city manager pursuant to the order of the court having jurisdiction over such claim. (d) DISPOSITION PROCEDURE: INTANTIGLE UNCLAIMED PROPOETY SHALL BE DIRECTED TO THE STATE TREASURER IN COMPLIANCE WITH CRS 38-13-101, ET SEQ. (e) The City Manager is authorized to establish and administer procedures for the administration and disposition of unclaimed property consistent with this section, including compliance requirements for other municipal officers and employees in the identification and disposition of such property. Section 2. Code section 19-80 is repealed and reenacted in its entirety to read as follows: Sec. 19-80. - Disposition if OF unclaimed PROPERTY. If property held in custody BY THE CHIEF OF POLICE remains unclaimed sixty (60) days after such property is no longer required to be held in evidence pursuant to section 19-77, or sixty (60) days after such property has come into the possession of the chief of police or thirty (30) days after the mailing of any letter of notice provided for in section 19-79, such property may be retained by the police department and kept for use by the city for training programs or otherwise, or disposed of from time to time by the chief of police or his designee IN THE MANNER PROVIDED BY CODE SECTION 2-5, WHEREBY THE CHIEF OF POLICE SHALL HAVE THE POWERS AND DUTIES OF THE CITY MANAGER AND CITY CLERK WITH RESPECT TO NOTICE TO OWNERS AND DISPOSAL AS DESCRIBED THEREIN as follows: Section 3. The following sections of Article IV of Chapter 19 of the Code of Laws are repealed: 19-81, 19-83, 19-84, 19-85, 19-86, 19-87, 19-88, 19-89, 19-90, and 19-92. Section 4. Present Code sections 19-82 and 19-91 are renumbered as 19-81 and 19-82, respectively. As renumbered, Code section 19-82 is amended to read in its entirety: Sec 19-82 Rights of Finder. Notwithstanding any other provision of this article, whenever any item of lost or abandoned property has been found and delivered to the chief of police or to one (1) of his subordinates for care, custody and control, such item shall be returned to the original finder whenever claim has been made by the finder and the following conditions have been met: (1) The claimant is the person who originally found the lost or abandoned property. (2) The claimant, after surrendering the property to the chief of police, has served written notice of his intention to make a claim on that item within sixty (60) days of the surrender of the item. (3) The lost or abandoned property has remained unclaimed by the owner or person having a right to the property for sixty (60) days after surrender of the property to the chief of police. (4) The lost or abandoned property is not stolen or confiscated property, nor property held under the exceptions outlined in sections 19-86 to 19-89, nor property held as evidence pursuant to section 19-77. Section 5. 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 6. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of ___ to ___ on this ____ day of ____ 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 _________ _______, 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: Janeece Hoppe, City Clerk Korey Stites, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: June 9, 2026 Second Publication: June 23, 2026 Effective Date: July 8, 2026 Published: Jeffco Transcript and www.ci.wheatridge.co.us ITEM NUMBER: 6 DATE: June 8, 2026 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: A MOTION AWARDING A CONTRACT TO ROCKSOL CONSULTING GROUP, INC IN THE AMOUNT OF $427,536.19 WITH A CONTINGENCY AMOUNT OF $42,753.62 FOR A TOTAL APPROVED AMOUNT OF $470,289.81 FOR THE WADSWORTH PATH CONSTRUCTION MANAGEMENT SERVICES CONTRACT ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The City entered into an IGA with CDOT to construct a shared used path along Wadsworth Boulevard between 32nd Avenue and 35th Avenue. The IGA allows for reimbursement of design, construction, and construction management services. Staff issued a request for qualifications (RFQ) for construction management services per CDOT guidelines and received two responses. Based on the information provided and past work experience, staff determined Rocksol Consulting Group, Inc to be the most qualified firm to provide construction management services for the project. It is recommended that the city enter into a contract with Rocksol Consulting Group, Inc to provide construction management services for the Wadsworth Path project. PRIOR ACTION: On May 29, 2023, the City entered into an IGA with CDOT to construct a shared used path along Wadsworth Boulevard between 32nd Avenue and 35th Avenue. On September 9, 2024, the City entered into a contract with Olsson to provide design services for the Wadsworth Path project. On March 9, 2026, the City entered into a contract with Jalisco International, Inc to construct the Wadsworth Path project. Council Action Form – Wadsworth Path CM Services June 8, 2026 Page 2 FINANCIAL IMPACT: In 2022, the City was awarded a $7.5M grant through the Denver Regional Council of Governments Transportation Improvement Program. Federal funding requires a local match in the amount of $1,000,000. The original estimated budget for this project is as follows: Task Budget Amount Design, Environmental, and Right-of-way services plus 3% contingency $1,067,000 Right-of-way Acquisition $1,413,500 (estimated) Construction Management services $528,000 (estimated) Construction $4,400,000 (estimated) Additional Contingencies $91,500 (estimated) Total $7,500,000 BACKGROUND: Closing the gap in the bicycle and pedestrian path along Wadsworth Boulevard between 32nd and 35th Avenues has been a high priority for several years. The proposed improvements will add a wide, detached, shared use path on the west side of Wadsworth between 32nd and 35th Avenues. An amenity zone will be included varying between 4' and 8' wide that will match the current Wadsworth project to the north. Pedestrian lights and an enhanced bus stop with a bus shelter will also be included. Rocksol Consulting Group, Inc will serve as the City’s consultant and provide all construction management services required for the Wadsworth Path project. These services will be reimbursed at an 86.7 percent rate per the Wadsworth Path CDOT IGA. RECOMMENDATIONS: Staff recommend awarding a contract to Rocksol Consulting Group, Inc. in the amount of $427,536.19 for the Wadsworth Path Project, with a contingency amount of 10% or $42,753.62 for a total not-to-exceed amount of $470,289.81. RECOMMENDED MOTION: “I move to award a contract to Rocksol Consulting Group, Inc. in the amount of $427,536.19 with a contingency amount of $42,753.62 for a total approved amount of $470,289.81 for the Wadsworth Path Project.” Or, “I move to deny award of a contract to Rocksol Consulting Group, Inc. in the amount of $427,536.19 with a contingency amount of $42,753.62 for a total approved amount of $470,289.81 for the Wadsworth Path Project for the following reason(s).” Council Action Form – Wadsworth Path CM Services June 8, 2026 Page 3 REPORT PREPARED/REVIEWED BY: Daniel Martinez, CIP Program Manager Kent Kisselman, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Rocksol Consulting Group, Inc Contract Wadsworth Path Construction Management Contract #26-25 THIS AGREEMENT made this 10th day of June, 2026, by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the “City” or “Owner” and RockSol Consulting Group, Inc., 12076 Grant St., Thornton, CO 80215, hereinafter referred to as the “Consultant.” WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows: Article 1 – Services The Consultant will serve as the City’s Consultant and provide at a minimum all the professional services required as per 26-25-Wadsworth Path Construction Management (Exhibit A), as more fully described in the Vendor’s response to the RFP (Exhibit B) incorporated herein by reference. The Consultant agrees to perform the following construction management services: •Pre-Construction Activities o Project Coordination o Baseline Schedule Review o Document Review o Permit Review •Construction Management Services o Civil Rights Monitoring o Field Inspections and Material Testing o Progress Monitoring o Punch List Repairs o Construction Completion •Post-Construction Activities o Final Documentation o Final Material Review o Project Closeout o Documentation Submitted to City of Wheat Ridge Article 2 – Term The work to be performed under this agreement may commence promptly after receipt of a fully-executed copy of the agreement, to the extent that the Consultant has been authorized to proceed by the City. This agreement is intended to extend the length of the engagement and is not eligible for renewal. The agreement may be extended if needed to accommodate construction schedule adjustments. Article 3 – Payment and Fee Schedule It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services provided, and the Consultant will accept a not-to-exceed amount of four-hundred twenty-seven thousand, five-hundred thirty-six dollars and nineteen cents ($427,536.19) as full payment for the services provided. As detailed in Exhibit C incorporated herein by reference. ATTACHMENT 1 The City operates on a calendar year as its fiscal year; as such, all invoices must be received no later than December 20, in order to be processed in the same calendar year. A. Invoices by Task Invoices will be submitted monthly by the Consultant for services performed and expenses incurred, pursuant to this agreement during the prior month. Payment is then made to the Consultant within thirty (30) days of receipt via Electronic Funds Transfer (EFT). The City may elect the alternative method of payment by the Treasurer’s Office through proper accounting procedures. B. Funding There is in effect within the City of Wheat Ridge, Colorado, a provision of the City’s Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid award. The Consultant is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge, which was enacted pursuant to Ordinance 787, Series of 1989, and expressly incorporated herein. This contract is specifically subject to the provisions of said Ordinance and adopted Code Section. Article 4 – No Damages for Delay Pursuant to Section 2-4 of the Code of Laws, Consultant agrees to waive, release or extinguish its right to recover costs or damages, or obtain an equitable adjustment, for delays in performing this contract if such delay is caused in whole or in part by acts or omissions of the City or its agents, provided however an extension of time is the Consultant’s remedy for such delay. Article 5 - Escalation All prices/fees/wages offered in response to this RFP shall be firm against any increase for one (1) year after acceptance by the City. For subsequent periods, it shall be the Consultant’s responsibility to notify the City in advance of any anticipated changes in prices and submit a request for a price increase. This City limits price escalation requests to no more than one (1) rate adjustment per contract term. Increases anticipated to exceed 10% of the original cost will not be accepted, rather the City will resolicit at that time. The City reserves the right to accept or reject the request for a price/fee/wage increase prior to the renewal option period. If the price/fee/wage increase is approved, prices will remain firm for a year from the date of increase, at a minimum. Article 6 -Sales and Use Taxes The City of Wheat Ridge is exempt from City, County, State, and Federal sales and excise taxes. Certificates will be issued upon request. City of Wheat Ridge Sales Tax Exempt: 98-03515 Article 7 – Independent Contractor In performing the work under this agreement, the Consultant acts as an independent contractor and is solely responsible for necessary and adequate worker’s compensation insurance, personal injury and property damage insurance, as well errors and omissions insurance. The Consultant, as an independent Contractor, is obligated to pay Federal and State income tax on monies earned. The personnel employed by the Consultant are not and shall not become employees, agents, or servants of the City because of the performance of any work by this agreement. The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person—other than bona fide employees working solely for the Consultant—any commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty the City will have the right to annul this agreement without liability or in its discretion to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Article 8 – Insurance In accordance with Article 7 above, the Consultant shall furnish a certificate of insurance upon notification of award, and prior to performance. Work shall not commence under this agreement until the Consultant has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverages of insurance: Type of Insurance Minimum Limits of Liability for all employees at work site. $500,000 per accident $500,000 each disease (including Premises- Operations, Independent Consultant’s Protective, Broad Form Property Damage, and Contractual Liability) • Bodily Injury • Property Damage $1 million per occurrence $2 million aggregate $1 million per occurrence $2 million aggregate (owned, hired, and non-owned vehicles) • Bodily Injury • Property Damage $2 million per occurrence $2 million per occurrence An endorsement covering any explosion, collapse, and underground exposures, “XCU,” in the Commercial General Liability policy is also required. The City of Wheat Ridge shall be named as additional insured on all liability policies. Insurance shall include provisions preventing cancellation without 30 days prior notice by certified mail to the City. Nothing herein shall be deemed or construed as a waiver of any of the protections to, which the agencies may be entitled pursuant to the Colorado Governmental Immunity Act, Sections 24-10-101, CRS, as amended. Article 9 – Indemnification The Consultant agrees to indemnify, defend, and to hold the City, CDOT, and its agents, officials, officers and employees harmless for, from and against any and all claims, suits, expenses, damages, or other liabilities— including reasonable attorney fees and court costs arising out of damage or injury to persons, entities, or property causes or sustained by any person or persons to the extent caused by the negligence (acts or omissions) of the Consultant with regard to this agreement or failure of the Consultant to provide services pursuant to the terms of this agreement. Article 10 – Equal Employment Opportunity The Consultant shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Consultant shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to age, race, color, religion, sex, or national origin. Such action shall include—but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training— including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this agreement so that such provisions will be binding upon each subcontractor—provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. Article 11 – Charter, Laws, and Ordinances The Consultant at all times during the performance of this agreement, agrees to strictly adhere to all applicable Federal, State, and local laws, rules, regulations, and ordinances that affect or govern the work as contemplated under this agreement. Article 12 – Law and Venue The laws of the State of Colorado shall govern as to the interpretation, validity, and effect of this agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County, Colorado. Article 12 – Termination The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts, or omissions—including, but not limited to re-procurement costs, insufficient or improper work. The City and the Consultant agree that this agreement may be canceled for cause by either party, with a fifteen (15) day prior written notice. The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made. The City may terminate the agreement for its convenience, upon thirty (30) days written notice. In the event of such termination the Consultant will be paid for all work and expenses incurred up until the time of such termination. All work accomplished by the Consultant prior to the date of such termination shall be recorded, and tangible work documents shall be transferred to and become the sole property of the City, prior to payment for services rendered. Article 14 – Notices Contact Information City Consultant Article 15 – Assignment and Subcontractors The duties and obligations of the Consultant arising hereunder cannot be assigned, delegated, nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the requirements of this agreement, and the Consultant is responsible for all subcontracting arrangements, as well as the delivery of services as set forth in this agreement. The Consultant shall be responsible for the performance of any subcontractor. Article 16 – Severability To the extent that the agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the agreement, the terms of this agreement are severable. Should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. Article 17 – Integration of Understandings This agreement is intended as the complete integration of all understanding between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by an authorized representative of the City and the Consultant. Article 18 - Disadvantaged Business Enterprises Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award. Consultants shall insert this provision in all sub-contracts for any work covered by this Agreement, so that it shall be binding upon each sub-consultant or sub-contractor providing labor or services. Article 19 – Ownership of Contract Products All products produced from the awarded contract shall be the sole property of the City. Article 20 – Personally Identifiable Information (PII) and Open Records Act Contractors, consultants, business partners and vendors that handle, process, or work in areas where personally identifiable information may reside in hard copy or electronic records must maintain the confidentiality of all Personally Identifiable Information (PII). Violation may result in contractual penalties and termination of the business relationship with the City. In extreme cases criminal punishment under Colorado Law (C.R.S. § 24-73-101) may occur. Consultant acknowledges that the City is subject to the provisions of the Colorado Open Records Act, CRS 24-72-201, et seq., (“The Act”) and that all documents, correspondence, email messages and other communications between the Consultant and the City are subject to public disclosure under the provisions of that Act, with limited exceptions for proprietary information, business secrets, and similar information. Consultant shall identify all proprietary and confidential information on the document or communication itself. In the event the City receives a request for disclosure of such information under the Act, Consultant agrees to indemnify the City against any attorney fees and court costs incurred by the City in defending its refusal to disclose such information. Article 21 - Accessibility Consultant(s) and solutions complies with all applicable provisions of §§24-85-101, et seq., C.R.S., [1] and the Accessibility Standards for Individuals with a Disability, as established by the Office Of Information Technology pursuant to Section §24-85-103(2.5). Consultant also complies with the latest version of Level AA of the Web Content Accessibility Guidelines (WCAG), currently version 2.1, as described in State of Colorado Technical Standard TS-OEA-002, Technology Accessibility for Web Content and Applications when developing solutions for the state. The Consultant agrees to indemnify, save, and hold harmless the state, its employees, agents and assignees (collectively, the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relation to the Consultant’s failure to comply with §§24-85-101, et seq., C.R.S., or the Accessibility Standards for Individuals with a Disability as established by the Office of Information Technology pursuant to Section §24-85-103(2.5). Any additional costs to add accessibility features will be the obligation of the Consultant, and any addition or change to the Price Proposal will be disallowed. Article 22 - Cooperative Procurement The City of What Ridge encourages and participates in cooperative procurement endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials (MAPO) and the Cooperative Educational Purchasing Council (CPEC). Consultants are hereby advised that any member of MAPO/CPEC is permitted to avail itself of this contract at the prices resulting from the successful award of this contract. Article 23 – Contractor Performance Feedback The City of Wheat Ridge has implemented a requirement for Project Managers to assess each Consultant’s performance and issue a determination as to whether the City should award the Consultant future City contracts. All 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 Award Recommendation Article 24 – Internal Team Review Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Dan Klenjoski, Infrastructure Project Manager Date Signed ______________________________________ __________ Kent Kisselman, Director of Public Works Date Signed Article 25 – Authorization Each party represents and warrants that it has the power and ability to enter into this agreement, to grant the rights granted herein, and to perform the duties and obligations described herein. IN WITNESS WHEREOF, the parties hereto have executed this agreement in two (2) copies, each of which shall be deemed an original on the day and year first written above. Attest: Owner CITY OF WHEAT RIDGE 7500 W. 29TH AVENUE Onorina Maloney, Senior Deputy City Clerk WHEAT RIDGE, CO 80033 303-234-5900 Date Patrick Goff, City Manager Consultant Approved as to Form: RockSol Consulting Group, Inc. 12076 Grant St. Thornton, CO 80241 Gerald Dahl, City Attorney Authorized Signature Attest to Consultant: Printed Name Name Title Title Date Date EXHIBIT A WADSWORTH PATH CONSTRUCTION MANAGEMENT SERVICES PROJECT # 2625 MAY 8, 2026 EXHIBIT B WADSWORTH PATH CONSTRUCTION MANAGEMENT COVER LETTER | 1 May 8, 2026 Whitney Mugford-Smith City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, CO 80033 SUBJECT: WADSWORTH PATH CONSTRUCTION MANAGEMENT | CITY OF WHEAT RIDGE PROJECT # 26-25 Dear Ms. Mugford-Smith and Selection Committee: RockSol Consulting Group, Inc. (RockSol) is pleased to submit this proposal to provide construction management, inspection, and testing services under the subject contract. We are a Colorado firm with a full service testing laboratory in nearby Thornton, and we are dedicated to providing high quality transportation engineering services to federal, state, and local government agencies. Our guiding work approach is to provide exceptional attention to the needs of our clients. Thus, we have proposed a construction team with a firm grasp of this project’s challenges and are prepared to manage the construction of this project as an extension of the City of Wheat Ridge’s staff. The RockSol team brings a collaborative approach to best meet your needs. We offer: • Local Agency Knowledge Our Project Principal, Mark Gosselin, is a former CDOT Program and Resident Engineer who has managed numerous municipal, state, and federally funded projects, including many in the Denver metropolitan area. He is supported by Project Manager, Alex DeWitt, who will oversee the field operations of the project and serve as the day-to-day contact for the City. Alex is extremely familiar with the distinct processes, expectations, and requirements for municipal projects with external funding and CDOT oversight. He will be supported by our Construction Inspector, Vander Bemelen, who brings 6 years of experience on inspection projects for CDOT and local agency projects. Our team will ensure that all documentation is thorough, accurate, and submitted on time. • Local Experience with a Collaborative Team RockSol has a long history of successfully partnering with agencies in the Denver metropolitan area. Alex, in particular, has provided oversight on projects for the City of Arvada, the City and County of Broomfield, the City of Boulder, the City of Northglenn, and many others. He works collaboratively with owner-agencies to ensure the project runs smoothly and that issues are handled at the project level. • Commitment to Quality Services The RockSol team is committed to providing superior performance. Our Quality Management System was designed to provide all services with care, keeping project needs in mind, thereby meeting and exceeding our client’s expectations. We excel at responding quickly to client requests, developing the right teams, and executing the scope of services to meet your needs. Combined, these qualifications demonstrate RockSol’s ability to produce excellent work for the City of Wheat Ridge. We appreciate the opportunity to provide this proposal and look forward to continuing to build our relationship with the City. Please contact Alex DeWitt at 720. 471.3759 or via e-mail at dewitt@rocksol.com, if we can be of any assistance. Sincerely, Alex DeWitt, PE Mark Gosselin, PE Project Manager Project Principal FIRM CAPABILITIES AND REFERENCES WADSWORTH PATH CONSTRUCTION MANAGEMENT FIRM CAPABILITIES AND REFERENCES | 2 FIRM OVERVIEW & CAPABILITIES RockSol Consulting Group, Inc. (RockSol) provides engineering and construction management services to government agency clients, many with similarities to the City of Wheat Ridge. We are a Colorado- based firm of over 250 employees providing engineering services for the analysis, design, and construction of roadways, bridges, structures, retaining walls, pavements, and foundations. Our full capabilities include construction management, inspection, and quality assurance materials testing services as well as geotechnical investigations, pavement design, structural engineering, roadway design, environmental services, and traffic engineering. For nearly 30 years, RockSol has built its reputation on providing top quality services to all our clients. Recently, RockSol joined the Egis group of companies, providing our team access to many more resources across the family of companies. We remain committed to serving our clients with the same attention to quality and personal service. Our core values of responsiveness, flexibility, and high quality work result in superior service to our clients. We look forward to providing the City of Wheat Ridge with the same high level of service. We are dedicated to serving as an extension of your staff for the duration of this contract and will prioritize responsiveness to Wheat Ridge staff. Local Presence RockSol’s staff are located in the Denver metropolitan area. They understand the local construction market and the area. Alex has provided oversight on other Wadsworth projects just north for the City of Arvada. We are ready to serve the City of Wheat Ridge for this project. Insurance RockSol agrees to provide and maintain insurance at the levels requested in the RFP. Conflicts of Interest RockSol and our staff do not have any conflicts of interest for this project. As an added benefit to the City, RockSol has opted to only provide services to owner-agencies, never contractors or developers. This allows us full separation from those we provide oversight of and maintains are full commitment to our agency clients. Financial Stability Neither RockSol nor our parent company, Egis, has filed for bankruptcy or reorganization under bankruptcy laws. Input by Alex into all construction elements and coordination was invaluable and the high level of collaboration between me, the contractor and Alex led to a successful completion of the project under budget.” Lindsay Merz, PE, PMP, ENV SP City of Boulder Project Manager RockSol Consulting Group, Inc. Thornton Office (Headquarters): 12076 Grant St, Thornton, CO 80241 303.962.9300 Saeid Saeb, PhD, PE, President 52CONSTRUCTION MANAGERS 5STRUCTURALSTAFF TRAFFIC ENGINEERING/ITS STAFF 5 7 ENVIRONMENTALSTAFF 14 TRANSPORTATIONDESIGN STAFF MATERIALSTECHNICIANS INSPECTORS 93 6 GEOTECHNICALSTAFF TRAFFIC ENGINEERING STRUCTURAL DESIGN GEOTECHNICAL ENGINEERING ENVIRONMENTAL SERVICES 44 WADSWORTH PATH CONSTRUCTION MANAGEMENT FIRM CAPABILITIES AND REFERENCES | 3 PAST PROJECTS WITH SIMILAR FEATURES & REFERENCES RockSol works efficiently to provide our clients with quality services. Our dedication to this mission is demonstrated by the fact that 90% of our business is from repeat clientele. Our team puts into practice lessons learned on previous projects to progress and improve our services on current projects. RockSol has experience providing services with similar scopes of work and project settings to those we anticipate with this contract. The projects shown below and on the next page are a few examples of Local Agency projects for which RockSol has provided construction management, inspection, and testing services. These projects and others demonstrate our ability to assist Local Agencies with state and federally funded project documentation. RockSol specializes in construction management of CDOT and federal managed projects, and our team members utilize this expertise to help agencies navigate the process. These Local Agency projects typically involve similar scope of work such as traffic signals, concrete structures, earthwork, concrete trails, and HMA paving. RockSol takes pride in ensuring the construction of the project is delivered as the Local Agency intends and also satisfies the procedural intricacies of the state and federal oversight, with the ultimate goal of proper reimbursements from their grant funding. 120TH AVENUE CORRIDOR IMPROVEMENTS CITY OF NORTHGLENN Daniel Martinez, former City of Northglenn Engineering Manager, 303.450.8839, dmartinez@wheatridge.gov Contract Amount: $422,141 The City of Northglenn completed a roadway widening project along 120th between Sylvia Drive and the RTD Overpass near Claude Court. This project included City and Federal funding. Most of the project work involved roadway widening with HMA along with several storm drains throughout the site. Other pay items included removal of concrete and HMA, unclassified excavation, sidewalks, RCP, inlets, overhead signal work, and more. RockSol provided construction management services for this project with Alex as the lead engineer. Alex wrote several CMOs for this project and worked with CDOT R1 to close the project out quickly. 19TH STREET MULTIMODAL CITY OF BOULDER Lindsay Merz, Project Engineer, 303.441.1983, merzl@bouldercolorado.gov Contract Amount: $433,361 The 19th Street Multimodal Improvements Project constructed continuous sidewalks, curb and gutter, on-street bike lane facilities, upgraded or new pedestrian curb ramps, bus stop improvements, speed cushions, and landscaping along both sides of 19th St from the south side of Norwood Avenue to the north side of Sumac Avenue. The project also installed new storm sewer pipe and drainage inlets from Sumac Avenue to Wonderland Creek and replaced the existing Wonderland Creek CMP culvert with a larger concrete box culvert to meet floodplain development requirements. The existing travel lanes on the roadway received a 2” asphalt mill and overlay. Alex served as the Project Engineer on this project ensuring all of the state and federal requirements were met. As Project Engineer and Assistant Project Engineer, Stephany and Alex helped Arvada meet all CDOT documentation requirements by managing and documenting the weekly construction meetings, tracking contractor’s submittals, negotiating and drafting CMO Form 90s and corresponding “Letters of Explanation”, creating payment documentation (Form #266s for each pay item), creating materials notebooks per CDOT requirements, and completing CDOT’s final documentation process. Chris Lisberg City of Arvada Assistant City Engineer WADSWORTH PATH CONSTRUCTION MANAGEMENT FIRM CAPABILITIES AND REFERENCES | 4 120TH OVER COAL CREEK City of Lafayette Casey Carlson, PE, Senior Civil Engineer, 720.438.0571, Casey.Carlson@ lafayetteco.gov Contract Amount: $109,986 This project consisted of the rehabilitation of the bridge on 120th Street over Coal Creek. The project included the replacement of the bridge deck and rail, asphalt improvements, relocation of the pedestrian crossing signal, signing, striping, and final stabilization of the area. The project was completed within 60 working days and key aspects of the project included: replacement of the bridge deck and rail, asphalt improvements leading up to the bridge, and relocation of the pedestrian crossing signal. RockSol provided construction management and inspection/materials testing services and design and utility support services. Alex provided Project Engineering services on this project assisting with all state/federal requirements. ROCK CREEK PARKWAY BRIDGE IMPROVEMENTS Town of Superior Christine Katz, Public Works & Utilities Civil Engineer, 720.738.7693, christinek@superiorcolorado.gov Contract Amount: $143,116 The Town of Superior received a CDOT Off-System Bridge Grant to perform bridge rehabilitation on a significant structure for the Town. Rock Creek Parkway runs over a pedestrian trail and a small water ditch. This project involved bridge repair and reinforcement, requiring the material covering the box culvert be removed to allow for patching on the top and bottom surfaces of the box culvert top slab. A waterproof membrane was applied before the soil and road surface were reinstalled over the bridge. Additionally, new steel supports were added to reinforce the midline of the bridge to prevent future structural deterioration. New helical piles were installed along with steel columns and a steel support beam. Alex also served as the Project Engineer on this project. WADSWORTH BOULEVARD TURN LANES City of Arvada Chris Lisberg, PE, Project Manager, 720.898.7645, clisberg@arvada.org Contract Amount: $62,922 This project consisted of constructing new turn lanes and acceleration lanes at several locations along Wadsworth Boulevard. Project work also included minor widening on Wadsworth Boulevard to provide a safer transition for turning drivers. The project replaced a section of storm sewer pipe, reconstructed impacted sidewalks and curb ramps, and constructed a soil nail retaining wall. RockSol provided state and federal documentation support services for this project. Team members tracked, reviewed and prepared all documentation for this project working with the City’s ROW inspection team. SCOPE OF SUBMISSION WADSWORTH PATH CONSTRUCTION MANAGEMENT SCOPE OF SUBMISSION | 5 CITY CONTACT ORGANIZATION CHART PROJECT PRINCIPAL Mark Gosselin, PE Dan Klenjonski City of Wheat Ridge Project Manager ADDITIONAL ROCKSOL RESOURCES (AVAILABLE IF REQUESTED BY THE CITY) Jeremy Feltner: Laboratory Manager/Head Technician Tracy Sanders: Documentation Support Jarren Wiersma, PE, PMP, PSP: Schedule Review Jim Zufall, PE: Dispute Mitigation and Claims Avoidance Gloria Hice-Idler: Civil Rights Support INSPECTION & TESTING Vander Bemelen Kaleb Tischler (backup) Timothy Garcia-Banaga PROJECT MANAGER Alex DeWitt, PE WADSWORTH PATH CONSTRUCTION MANAGEMENT SCOPE OF SUBMISSION | 6 Mark retired from the Colorado Department of Transportation (CDOT) as the Project Director of the $497 million US 36 Phase I and II Express Lanes Design Build Projects. Prior to that, he served as the CDOT Region 4 South Program Engineer, overseeing a staff of over 50. Mark also served for 19 years at the CDOT Boulder Residency, the last 9 as the Resident Engineer, providing him with exceptional knowledge of both design and construction of bike/pedestrian facilities. Since joining RockSol, he has been primarily involved in our innovative contracting work, including work on the North I 25 Segments 5 & 6 CMGC project, the SH 7 Lower Permanent Repairs CMGC Project and the North I-25 Segments 7 & 8 Design-Build project. Mark will bring Lessons Learned from his extensive CMGC experience. North Broadway Reconstruction | City of Boulder Consultant Project Manager The North Broadway Reconstruction Project provided long-term pavement maintenance and improve safety and comfort for people using all modes of travel through this section of roadway from Violet Avenue to US 36. This project provided a more durable pavement that does not require as frequent maintenance and provides a safer and better riding experience for drivers, transit riders, and on-street bicyclists. These improvements include a CBC underpass, concrete pavement, raised bicycle lane, multi-use path, concrete curb & gutter, raised median cover, and new traffic signals. RockSol provided inspection and materials testing services for this project. Mark provided overall Consultant Management throughout the project and guidance during the dispute process. Arapahoe Road Multi-Use Path | City of Boulder Consultant Project Manager RockSol assisted with inspection and materials testing of the City of Boulder Arapahoe Road Multi-Use Path project. The project installed widened sidewalk, upgraded pedestrian curb ramps, pedestrian railing, bus stop improvements, and landscaping along both sides of Arapahoe Road from the south side of Marine Street to the south side of Old Tale Road. The project also installed a new manhole and inlet at Macarthur Drive and a new inlet at Conestoga Street. RockSol provided inspection and materials testing services for this project. 37th Street Utility Improvement | City of Evans Consultant Project Manager This project involved the construction of utility improvements along 37th Street in Evans. Project work included waterline improvements from 23rd Avenue to Latham Avenue, sanitary sewer improvements from 17th Avenue to 11th Avenue and State Street, and storm sewer improvements from Valmont Avenue and SH 85 to the railroad. RockSol provided construction management and inspection services for this project. I-25 North Express Lanes, Segments 5 & 6 | CDOT Region 4 Consultant Project Manager Mark is responsible for managing the RockSol Team members and ensuring a successful project delivery for CDOT. This project consists of the design and reconstruction of I-25 from CO 66 to CO 402. This project included the design and construction of managed lanes, reconstruction of interchanges, center loading I-25 express bus station, and bridge replacements. RockSol is providing preconstruction support which includes plan and specification review, assistance with Risk Register development, and assistance with OPCC and CAP negotiations. RockSol is also providing; geotechnical and pavement design, documentation, construction management, construction inspection, and quality assurance materials testing services for this project. MARK GOSSELIN, PE RockSol Project Principal Availability: 10% 37 Years of Experience 11 Years with RockSol Professional Engineer: Colorado BS, Basic Engineering, Colorado School of Mines WADSWORTH PATH CONSTRUCTION MANAGEMENT SCOPE OF SUBMISSION | 7 Alex is a talented engineer in transportation construction whose broad experience with inspection and testing services as well as oversight on state and federal documentation for municipalities with CDOT oversight has given him a unique and broad perspective. In addition, he can communicate well with contractors and team members. He has experience in the inspection of concrete, asphalt paving, construction traffic control, erosion control, earthwork, as well as experience with materials testing including flatwork and structural concrete, asphalt paving, subgrade, and base course construction. Alex is a skilled inspector and tester with a broad knowledge of project documentation having provided services to various agencies along the front range. He is an asset to any project team. 19th Street Multimodal CM | City of Boulder Project Engineer Alex DeWitt was responsible for inspecting removals, concrete sidewalks, ADA ramps, curb and gutter installations, and a large box culvert structure. He supervised contractor crews of 25+ employees daily and assisted the City of Boulder with creating 105’s, CMOs, and weekly meeting agendas. He was also the main point of contact for residents impacted by construction and ensured daily contract conformance by reviewing plans and specifications. A key success was identifying plan errors before work commenced, which prevented costly delays. Through this project, Alex ensured the critical importance of proper documentation to accurately track the overall budget during construction. Commerce, Nickel, and Industrial Intersection Improvements | City and County of Broomfield Project Engineer RockSol provided construction management, inspection, and materials testing services for the Commerce Street, Nickel Street, and Industrial Lane Intersection Improvements project which reduces congestion, improve safety and circulation, and allow for enhanced pedestrian and cyclist access. Work items included intersection widening, pavement reconstruction, traffic signal installation, and railroad coordination. Additional work to be managed will include storm drainage, fire hydrants, adjusting valves and manholes as needed, curb and gutter, improving local access, and new signage and striping, including pedestrian crossing improvements. The project occurred at a very busy and complicated intersection with an at grade railroad crossing. 120th Avenue Corridor Improvements | City of Northglenn Project Engineer As Assistant Project Engineer, Alex led weekly, pre-pave, and specialty meetings. Alex oversaw the budget and pay estimates, certified payrolls, organized and delivered documentation in the proper file structure, tracked change order and submittals, and performed force account analysis throughout the project’s life. Alex drafted multiple change orders on this project and worked with Northglenn and CDOT R1 on the project documentation and closeout process. Alkire Path, 78th to 80th Avenue | City of Arvada Project Engineer The Alkire Street Path Project in Arvada, Colorado, involved constructing a path along Alkire Street between 78th and 80th Avenues. This project was federally funded and involved CDOT oversight. RockSol provided construction coordination and documentation assistance. 120th over Coal Creek | City of Louisville Project Engineer Project improvements for the 120th St at Coal Creek Culvert included repairs to address condition deficiencies related to spall damage of curb and longitudinal cracking and efflorescence of the underside of the top slab. Improvements included the replacement of the entire top slab for the 120th St. at Coal Creek Culvert. ALEX DEWITT, PE Project Engineer Availability: 50% 12 Years of Experience 10 Years with RockSol Professional Engineer: Colorado BS, Mechanical Engineering Technology, Oklahoma State University Certifications: Traffic Control Supervisor Certified Flagger Transportation Erosion Control Supervisor WAQTC ACI Concrete Strength Technician ACI Aggregate Testing Technician ACI Laboratory Testing Technician Level I CAPA I Asphalt Inspection OSHA 10 Hour LIMS/SiteManager Labor Compliance Certified Payroll Checking WADSWORTH PATH CONSTRUCTION MANAGEMENT SCOPE OF SUBMISSION | 8 Vander is a Construction Inspector with over 6 years of experience in the transportation and heavy civil construction industry, including two years with RockSol. He holds a Bachelor of Science in Construction Management from Colorado State University and has worked on major projects such as the US 85 Widening project for Douglas County Vander’s experience spans field inspection, environmental compliance, RFIs and submittal management, and detailed project documentation. His background includes supervising large-scale infrastructure projects, developing quality control plans, and managing complex material tracking during his internship with Ames Construction and CDOT. Vander is certified in concrete pavement inspection, traffic control supervision, erosion control, and multiple materials testing disciplines, bringing a comprehensive understanding of CDOT standards and best practices to every project. US 85 Widening and Reconstruction | Douglas County Construction Inspector Vander served as Field Inspector for a two-mile highway widening project, overseeing the inspection of walls, drainage systems, and a bikeway, while also acting as lead environmental inspector. His responsibilities included conducting Equal Employment Opportunity (EEO) interviews, organizing and distributing RFIs and submittals, and documenting progress through daily reports and detailed 266s for walls, drainage, environmental, and bikeway features. Vander adapted to changes in project staffing, inheriting additional responsibilities and supporting the field engineer with submittal and RFI tracking. This experience taught him the value of consistent documentation and organization, which streamlined project tracking and coordination. He also learned that building strong relationships with contractors is essential for effective issue resolution, ultimately enhancing project efficiency. GO Bond Staff Augmentation | City of Denver Construction Inspector This project involves assisting DOTI with construction management services for the West Colfax Transit, Elevate Bond Hampden Multimodal Project, Elevate Alameda Underpass, Elevate Highline and Yale, Elevate Washington Street projects. Vander is providing construction inspection services. Ames Construction Engineering Intern* Vander constructed numerous quantity take-offs both in field and through Bluebeam. He created quality control plans for field use by using owner’s specifications and created multiple AHAs for craftsmen for any new on-site hazard. Vander also supervised construction of large department of defense facility during his internship. He tracked and graphed production for 500 cubic yard wall activity and received and tracked all rebar delivered on site. He developed excel sheet for weekly and daily production rate tracking and managed tracking and storage of over 2 million pounds of rebar. Additionally, Vander processed and collected data on all concrete pours on site some pours up 500 cubic yards. I-25 South Gap | CDOT Region 1 Senior Intern* During his internship with CDOT, Vander gained extensive hands-on experience supervising the construction of an 18-mile, $419 million heavy civil highway expansion project. He ensured all construction activities adhered to CDOT plans and specifications, while also supervising specialized operations such as night work demolition of a bridge structure and the construction of multiple on- site bridges. Vander took an active role in project documentation and financial oversight by reviewing and drafting pay applications for completed structures, assembling accurate quantity takeoffs (QTOs), and monitoring subcontractor work through force account tracking to ensure proper payment via SiteManager. To verify the accuracy of completed work, Vander utilized both field measurements and Bluebeam software, demonstrating his ability to apply technical tools in a professional construction environment. VANDER BEMELEN Inspector/Tester Availability: 100% 6 Years of Experience 3 Years with RockSol BS, Construction Management, Colorado State University Certifications: Design and Operation of Work Zone Traffic Control OSHA 10 Hour Road Construction and Infrastructure CAPA LabCAT A CAPA LabCAT APM Inspector Certified Flagger WAQTC/ Soils inspector Embankment and Base Testing Technician UPRR Worker Protection Transportation Erosion Control Supervisor Traffic Control Supervisor ACPA Concrete Pavement Inspector *Completed at previous employer EFFECTIVE APPROACH AND TIMELINE WADSWORTH PATH CONSTRUCTION MANAGEMENT EFFECTIVE APPROACH & TIMELINE | 9 ID Task Name Duration Start Finish0Construction Project Management and Materials Testing 215 days Mon 3/31/25 Thu 2/5/26 1 Execute Contract (anticipated)0 days Mon 3/31/25 Mon 3/31/25 2 Initial coordination meeting between RockSol and Town of Avon 0 days Thu 4/10/25 Thu 4/10/25 3 Progress reports and billing (Monthly)211 days Mon 3/31/25 Sat 1/31/26 15 50% documentation review (RockSol Staff) 0 days Fri 9/5/25 Fri 9/5/25 16 90% documentation review (RockSol Staff)0 days Tue 12/2/25 Tue 12/2/25 17 Pre-Construction 25 days Thu 4/24/25 Thu 5/29/25 18 Pre-Construction Meeting 0 days Wed 4/30/25 Wed 4/30/25 19 Set up project documentation folders 5 days Thu 4/24/25 Wed 4/30/25 20 Baseline Schedule Review 10 days Thu 5/1/25 Wed 5/14/25 21 Review submittals, shop drawings, mix designs(initial)20 days Thu 5/1/25 Thu 5/29/25 22 Review sublet permits and EEO bulletinboards10 days Thu 5/1/25 Wed 5/14/25 23 Review MHTs(initial)10 days Thu 5/1/25 Wed 5/14/25 24 Construction 150 days Mon 5/19/25 Tue 12/23/25 25 Construction start (May/June 2025)0 days Mon 5/19/25 Mon 5/19/25 26 Weekly meetings 143 days Wed 5/21/25 Wed 12/17/25 58 Monitor contractor civil rights compliance (Including 280 interviews)150 days Mon 5/19/25 Tue 12/23/25 59 Perform field inspections and materialstesting150 days Mon 5/19/25 Tue 12/23/25 60 Daily and weekly traffic control inspections 150 days Mon 5/19/25 Tue 12/23/25 61 Generate change orders, and respond to RFIs 150 days Mon 5/19/25 Tue 12/23/25 62 Monthly progress payments 147 days Mon 5/19/25 Fri 12/19/25 71 Punch list of repairs 10 days Wed 12/10/25 Tue 12/23/25 72 Construction final completion 0 days Tue 12/23/25 Tue 12/23/25 73 Post-Construction 30 days Wed 12/24/25 Thu 2/5/26 74 Final construction documentation services (final acceptance letter and as-constructed plans) 20 days Wed 12/24/25 Thu 1/22/26 75 Final material documentation review 3 days Fri 1/23/26 Tue 1/27/26 76 Final project documentation review 4 days Wed 1/28/26 Mon 2/2/26 77 Project closeout 3 days Tue 2/3/26 Thu 2/5/26 78 Submit documentation to Town of Avon 0 days Thu 2/5/26 Thu 2/5/26 3/31 4/10 9/5 12/2 4/30 5/19 12/23 2/5 March 2025April 2025 May 2025 June 2025 July 2025 August 2025September 2025October 2025November 2025December 2025January 2026February 2026M SCHEDULE MANAGEMENT Managing Workload to Meet Schedules | Meeting project schedule demands is Mark’s main task. He has extensive experience in scaling staff up and down to meet project workloads based on the Contractor’s schedule. The team’s knowledge of construction processes will allow our field staff to complete work in a timely manner, without delay. With our depth of resources, we can assign construction services personnel to meet the Contractor’s schedule of operations and accommodate emerging or urgent needs at any time. Reviewing & Analyzing the Contractor’s Schedule | RockSol’s PSP certified schedulers, including Jarren Wiersma, have strong abilities in reviewing contractor schedules. We will review of contractors’ initial, baseline, and monthly update schedules for compliance with contract requirements including reviewing narratives and evaluating logic changes. Our initial baseline schedule review will include an in-depth analysis of critical path components, and monthly schedule update reviews will verify accurate reporting of actual progress, evaluation of logic, and overall compliance with contract requirements. In addition, RockSol staff understand the typical milestones of a construction project and the associated work required at each stage from preconstruciton through closeout. The sample schedule below highlights how these tasks are completed. CURRENT & PROJECTED WORKLOAD RockSol commits our staff to projects for their duration. We have reviewed the availability of our staff and only propose them for work when they have capacity to dedicate time to a given project and ensure quality work. Below, we note the projects and commitments for our primary staff. To the right is a histogram showing commitments against total firm capacity for construction management and inspection services. Alex DeWitt Superior Rock Creek Bridge Improvements: 3% Broomfield Industrial, Nickel, Commerce Intersection: 10% Boulder HSIP Signal Project: 5% Wheat Ridge 32nd Ave Bike Lanes at I-70: 25% Miscellaneous Projects – Closeout: 5% Vander Bemelen Available 6/1 WADSWORTH PATH CONSTRUCTION MANAGEMENT EFFECTIVE APPROACH & TIMELINE | 10 PROJECT UNDERSTANDING The City of Wheat Ridge will be constructing a shared-use path along the west side of Wadsworth Boulevard between 32nd and 35th Avenues. This sidewalk connection allows a safer route for both pedestrians and bicyclists who currently use a social path in this gap between paved sidewalk sections. The new pathway creates improved access for Crown Hill Park and other amenities in the area, including new business development. The project will provide significant safety measures along the corridor for pedestrians and cyclists moving through the area and has been an increasing concern among residents as development grows. This project will involve significant stakeholder coordination, including with the City staff, CDOT, and others. Additional amenities included in the project are pedestrian lights and enhanced bus stops with bust shelters. The City is requesting construction management and materials testing services that will follow the CDOT Local Agency process. RockSol is well-suited for this project, and our team is excited for the opportunity. The following pages outline our approach to construction management and testing on Local Agency projects. PROJECT APPROACH Approach to Construction Management RockSol has the ability to take a project through construction and closeout. This is achieved through coordinating resources to efficiently and effectively complete projects. Our team is familiar with working on both State and Federally funded projects and has managed similar projects effectively in the past. Our Project Manager, Mark Gosselin, has over 37 years of experience managing projects on a State and Federal level and ensuring their success. Alex DeWitt has been working on local municipality projects with state and federal funding for the last 8 years. He has great attention to detail and has successfully completed several projects with CDOT R1 LA over site staff. RockSol will utilize a core group of personnel to work cohesively with the City of Wheat Ridge and will also provide specialty resources to the City on an as-needed basis. Quality Management RockSol is a quality-conscious organization, and we will comply with City of Wheat Ridge standards and requirements, CDOT’s Construction Manual, CDOT Field Materials Manual, Local Agency Manual, M&S Standards, CDOT Standard Specifications, Project & Standard Special Provisions, Project Plans, and standard industry practices. Our QMS requires the RockSol Project Principal, Mark, to oversee the performance of each of the project personnel. Head Technician Jeremy Feltner can use his extensive expertise to review project materials documents for quality and accuracy. Local Agency Construction Oversight RockSol has extensive experience with the CDOT Construction Oversight Checklist for Local Agency Projects. The checklist is used to guide our construction engineers and managers through the Local Agency documentation process. With this checklist, a portion shown below, our team will ensure that all Local Agency requirements are satisfied. The RockSol team we have proposed has experience and a great relationship with CDOT Region 1 Local Agency CM Staff. WADSWORTH PATH CONSTRUCTION MANAGEMENT EFFECTIVE APPROACH & TIMELINE | 11 Construction Management & Inspection Contract Administration, Coordination, and Correspondence | RockSol will provide administrative organization for all project communication and documentation for this construction project especially in relation to required CDOT Local Agency paperwork. We will manage, at a minimum, weekly project meetings with the City, the Contractor, and CDOT, including preparing agendas and minutes. The meetings will be used to track the work, address problems, track action items, and identify coordination and information needs. RockSol staff members are experienced and can point out potential risks to the City’s team to ensure appropriate response is taken prior to the start of construction as well as during construction. RockSol will maintain project files, including meeting minutes and rosters, changes made during construction, project related decisions, communication and memorandums to and from the Contractor and the City, traffic control items, project financial items, change orders, shop drawings, etc. We will ensure all construction documentation for the projects follows all federal-aid requirements, where applicable, and City project procedures. Interpretation of Drawings and Specifications | Our Project Engineer, Alex, will use his years of transportation experience to assist with project submittal review and provide comments to the Town’s Project Manager, Dan Klenjonski. This early work ensures constructability of the project and that all specifications are met. In addition, we will log receipts of all requests for information (RFIs), forward the RFI to the appropriate party or provide responses as appropriate, coordinate with Dan for response and closure, and document the disposition in a tracking system to assure that all questions are resolved promptly. Any field revisions to the plans will be coordinated with the City Project Manager and the Engineer of Record for potential change orders and distributed to the contractor, the City, and affected parties. Tailored Construction Inspection | The majority of our team members can perform multiple roles, allowing for flexibility of tasks. These observations and inspections will be performed prior to and during work on major items, ensuring they are completed in accordance with project plans, standards, and specifications. RockSol will prepare for the City a Materials Data Report (MDR) which meets any applicable City, CDOT, FHWA, or Local Agency standards. Our team will perform daily checks on active items. We will prepare interim measurements for each monthly pay estimate as well as final measurements and documentation for each item as that item is completed. We will monitor traffic control for compliance to approved MHTs, ensuring public and worker safety. For smaller tasks, we can combine the inspection and testing roles to benefit the City and the project as a whole. Written Record of the Daily Construction Activities | All project staff will maintain a project diary and a daily record of the construction manpower and equipment. These records will be documented on CDOT’s Form 103a and be used as an accurate and complete record of the progress of the work on the project. We will provide photo documentation as execution of the work progresses. Our team is well- versed in this work and will maintain all inspection documentation for the project to ensure all work is managed and monitored individually for compliance. RockSol will prepare and distribute routine correspondence to the Contractor, the City’s project staff, and other stakeholders as required throughout the duration of the project. Review Schedule and Payment Requests | RockSol will review, compare, and certify the contractor’s monthly payment request with the field quantity measurements to ensure the payment is reasonable and justified, and promptly make a recommendation to the City on the payment request. RockSol will review the Contractor’s weekly schedule including upcoming inspection and testing requirements and will work with the project team to ensure timely notification to the public and businesses in the nearby area. Monitor Compliance with Project Procedures | RockSol’s staff are very familiar with standard construction industry practices, and have been certified to perform all construction project management and inspection as required by federal statutes. With the years of related experience and the company focus on quality, RockSol personnel can be counted on to continuously maintain the highest level of construction standards. As part of the project documentation, our staff will provide the contractor with verbal and written notifications of any work that is non-compliant. We will follow up at weekly progress meetings and, if necessary, at the final inspection until all issues are corrected. Emphasizing Effective Communication | We believe strongly that communication alleviates most project concerns. Alex will take the lead role in ensuring effective communications on this project and be the sole point of contact for daily inspection operations. The RockSol team prides itself on working with the City every step of the way; our team will maintain effective communication with Dan to ensure all work activities performed by the Contractor are per approved plan and specifications. RockSol management Alex DeWitt helped to make the project a success by providing oversight for the Town, staying within budget and making sure that CDOT’s requirements for federally funded projects were carefully followed.” Alex Gorsevski, PE Former Town of Superior Project Engineer WADSWORTH PATH CONSTRUCTION MANAGEMENT EFFECTIVE APPROACH & TIMELINE | 12 will provide frequent project reviews to maintain full cooperation and understanding with all project participants. Combined, these approaches will allow the RockSol team to serve as a true extension of Wheat Ridge’s staff. Throughout the project, RockSol will maintain excellent communication among all parties and the City. Quality Assurance Materials Testing Fully Certified Personnel and Laboratory: Our primary field materials technicians hold certifications for all field testing they will be performing on the job. Any testing not performed directly in the field will be performed at RockSol’s Thornton laboratory, which is AASHTO-certified and has been inspected by CDOT per CP 10. Documentation: Alex will assure that all materials documentation is completed properly, including all materials testing forms, summary sheets, collect source documentation, and complete worksheets referenced in the CDOT Field Materials Manual—specifically in the section detailing requirements for Local Agency projects —for reporting test results and data related to materials approved and built into the project. Additionally, we will cross check the City testing requirements and complete the most stringent testing requirements. The team will develop electronic materials folders for each pay item which will include all applicable forms, summary sheets, source documentation, and worksheets referenced in the CDOT Field Materials Manual for reporting test results and data related to materials approved and built into the project. We can also create a book with paper documents, at the City’s request. Materials Testing services are listed below: • Prepare materials electronic folders populated with all required documentation. • Complete CDOT Form #250 (Form initiated by CDOT and then populated by the tester listing all required project documentation). RockSol will track materials used on the project, the number of tests performed, and complete the forms used to record test results. The Form #250 will be updated as tests are completed with form numbers, as required, and PE stamped by Alex when completed. If quantities change for any reason, these changes will be reflected in the Form #250. • Review concrete and asphalt mix designs and prepare the necessary forms for CDOT and Wheat Ridge approval and collect other required materials documentation including truck tare weights, concrete truck mixer certifications, and scale certifications. • Buy America and Build America Documentation: RockSol staff will review documentation for all products as specified in Revision of Sections 101 and 106 – Buy America and Build America, which will be incorporated into the project to ensure that all processes and manufacturing meets federal requirements and the materials have proper documentation. • Perform Project Acceptance Samples and Tests per the CDOT Field Materials Manual and the City’s standard testing frequencies. Local Agency Construction Oversight On previous CDOT Local Agency projects, RockSol developed a comprehensive spreadsheet utilizing the bid tabulations to track quantities and cost projections. This spreadsheet included the bid quantities and bid prices, and it established a method to track what was paid month to month. Each estimate had a subsequent tab in the file for quick reference which would be packaged with a CDOT Form 266 for documenting compliance of the work with the contract and payment quantity. Utilizing this methodology for quantity tracking improved the efficiency of the Construction Manager to track the cost of the project and communicate the status of the project with the owners, ultimately saving time and effort when finalizing the project. WADSWORTH PATH CONSTRUCTION MANAGEMENT EFFECTIVE APPROACH & TIMELINE | 13 • Materials Out of Compliance: RockSol will report any material found to be out of compliance with the specifications to the City and the Contractor within 12 hours of the failing result and follow up, as needed. Alex has experience with calculating price reductions or identifying if materials should be rejected due to out of specification results based on the CDOT specifications. If needed, the price reductions would be documented and reflected in the pay applications. • Collect and File Certificates of Compliance (COCs), Certified Test Results (CTRs), and Quality Management Lab (QML) verifications to meet all CDOT requirements and prepare Field Reports, or CDOT Form #157’s as needed. • Independent Assurance Testing (IAT) tests are used to check the project tester’s procedures and are based on project quantities. CDOT will prepare and issue a Form #379 that lists what IAT tests, if any, are required. Alex will coordinate this effort as necessary. If needed, RockSol will work with the City to provide a second materials testing firm to complete the side by side testing confirmation. RockSol has extensive experience with the final materials testing forms necessary for project completion. Examples include Explanation of Exceptions – CDOT Form #473/474 and completion and PE stamp on the Form #250. Alex and his team will coordinate all final documentation with the City and CDOT for final audit approval. Our lab manager, Jeremy Feltner, will be available to support the project team and to review all documentation for contract compliance periodically throughout the project and prior to submitting the final materials documents to the City. I worked with the Rocksol materials team on the US 85 Highlands Ranch Parkway to Dad Clark Gulch (23474) job and wanted everyone to know what a pleasure it was. In my 6 years with the Independent Assurance group I’ve worked with many different individuals from many different companies and I can confidently say that the testing staff on this project performed at a golden standard. The R1 IA group was always treated with professionalism, respect, and kindness when it came to scheduling and performing the 38 IA comparisons that took place on this job over the past 2.5 years.” Lane Robertson CDOT R1 IA Lab Manager WADSWORTH PATH CONSTRUCTION MANAGEMENT EFFECTIVE APPROACH & TIMELINE | 14 PROJECT CRITICAL ISSUES Our team has visited the project site and reviewed the details outlined in the RFQ. From this information, we have noted some critical issues below. UNKNOWN CONDITIONS One narrow access area (shown below) is bordered by dense trees and vegetation. Although this area will be cleared, limited clearance suggests potential unknown subsurface conditions such as roots, buried utilities, or undocumented structures. The west side of Wadsworth has utilities such as several existing fiber optic lines and a water line. RESIDENTIAL ACCESS Key issues include limited driveway width and potential complaints due to construction noise. The close proximity to traffic also raises access and safety considerations during construction. According to the Plans and Specifications, single lane closures on Wadsworth Boulevard are only permitted on weekdays from 7:00 p.m. to 6:00 a.m. and from 9:00 a.m. to 11:00 a.m. Single lane closures are also allowed on weekends, from 7:00 p.m. to 10:00 a.m. EXISTING VEGETATION Due to heavy vegetation encroachment surrounding the structure, the existing conditions limit the ability to fully assess potential deficiencies prior to replacement. Tree root systems may conflict with the new proposed culvert and should be carefully evaluated in the field before cutting or removing any large roots. Existing debris accumulation will be addressed as part of the culvert replacement, which is expected to improve hydraulic performance and help extend the service life of the new structure. PLAN EFFECTIVENESS WADSWORTH PATH CONSTRUCTION MANAGEMENT PLAN EFFECTIVENESS | 15 CUSTOMER SERVICE PHILOSOPHY RockSol defines exceptional customer service as providing consistent, responsive, and high-quality support that builds trust and delivers value beyond expectations. It’s about being proactive, communicative, and solution-focused throughout every phase of a project. We incorporate this into our work by: • Maintaining clear and timely communication with clients to ensure transparency and alignment. • Anticipating challenges and addressing them early to keep projects on track. • Delivering accurate, high-quality work that meets specifications and deadlines. • Listening to client feedback and adapting our approach to better meet their needs. • Collaborating closely with stakeholders to foster strong working relationships and shared success. RockSol has a history of providing exceptional customer service as seen by the fact that 80% of our business is from repeat customers. COMMUNICATION PLAN RockSol understands that effective communication between field personnel, office staff, and the City is essential to the successful delivery of any construction project. As a construction management team specializing in inspection and testing services, we prioritize clarity, timeliness, and thorough documentation in all project communications. Our proactive approach fosters early issue identification, efficient coordination of responses, and consistent progress to keep projects on schedule and within budget. We recognize that success begins with strong communication and the establishment of trust—key elements that allow our team to work collaboratively with all project stakeholders to achieve shared goals. Daily communication between testers, field inspectors, engineers, and project managers is maintained through a combination of phone calls, emails, and cloud-based project management software. Field staff electronically submit daily inspection reports and testing results to the office, enabling timely review and follow-up. When issues arise on-site, they are immediately escalated to the appropriate project engineer or manager for prompt resolution. Weekly coordination meetings are held between field and office staff to review inspection findings, material testing updates, schedule adjustments, and any challenges encountered in the field. These meetings promote team alignment and help ensure quality and efficiency are maintained on-site. We maintain consistent and open communication with the City throughout the duration of the project. Regular progress meetings are held with City staff, contractor representatives, the public information team, and our inspection team to review project updates, field observations, material approvals, submittals and Requests for Information (RFIs), and any necessary schedule coordination. A pre-construction meeting is conducted to establish communication protocols, define expectations, and clarify team roles. Additional coordination meetings are scheduled as needed to address time-sensitive issues or significant design or scope changes. WADSWORTH PATH CONSTRUCTION MANAGEMENT PLAN EFFECTIVENESS | 16 All meeting minutes are thoroughly documented and distributed to project stakeholders to ensure accountability and clarity regarding decisions made. Submittals and RFIs are managed through a centralized tracking system, including Excel-based logs. Contractors submit documentation to our team for initial review, during which we perform a quality check before forwarding them to the appropriate City personnel for final approval, if required. Each submittal is recorded with the received date, review period, and return date to ensure timely processing. The submittal log is updated regularly and shared with the City to maintain transparency and facilitate effective coordination. RFIs are submitted by the contractor to our Project Engineer, who reviews each request and either provides clarification or forwards it to the City with recommended input, as needed. Each RFI is assigned a tracking number and a response deadline. An RFI log is maintained throughout the project and reviewed during progress meetings to ensure timely responses, prevent oversights, and keep all parties informed Plan revisions during construction are carefully tracked and managed to prevent field errors. All original plan sets, addenda, supplemental drawings, and City-approved revisions are organized in both digital and hard-copy formats. Revised plans are clearly labeled with the date and version, and distributed to the field team through formal transmittals. Inspectors and contractors are promptly notified of all updates, and superseded plans are marked “VOID” to eliminate confusion. A master record of all plan revisions is maintained as part of the project documentation, and any changes made during construction are incorporated into the final as- built drawings. This communication plan supports a proactive and transparent approach to construction management, inspection, and testing. Through consistent reporting, structured meetings, and detailed tracking procedures, we ensure alignment across the project team and help the City make timely, informed decisions. QUALITY CONTROLS As a quality-focused organization, RockSol is dedicated to delivering the highest level of service to all clients. We prioritize excellence and rigorous quality assurance across all disciplines provided to the City of Lakewood. Our reputation is built on a steadfast commitment to exceeding client expectations through reliability, expertise, and attention to detail. Quality Management System (QMS) | RockSol employs a comprehensive Quality Management System (QMS) to ensure services meet or exceed client expectations and are done right the first time. Our integrated QA/QC program prioritizes customer satisfaction, strategic planning, and efficient workflows. Rigorous review procedures and multi-level checks ensure all deliverables are high-quality, cost-effective, and thoroughly documented. COST CONTROL Budget Management | RockSol is committed to providing clients with quality projects—on budget and on schedule—and to keeping them informed of costs-to-date. Mark has extensive experience in controlling construction management costs and utilizing Cost Projection Reports, which track charges and compare the budgeted amount against actual expenditures. On a weekly basis, he will review and manage time to ensure efficient and effective use of resources. Prior to submittal, Mark will review monthly invoices and progress reports for accuracy. Controlling Construction Costs | Alex is experienced in tracking and controlling costs on construction projects, and he will ensure all construction costs are justified. The Contractor’s billings will be provided to the Town and evaluated for potential overruns and underruns monthly. During construction, we can identify any issues that could lead to project cost increases and communicate these to the City. Based on our experience, we can suggest solutions that may be more cost effective while achieving the expected high quality. Controlling Consulting Costs through Staffing | Our approach to this project is to use two exceptional staff members for construction management, inspection, and testing. Alex’s 11 years in the industry with a focus specifically on delivering Local Agency projects should give peace of mind to the City. Alex will ensure all documentation is complete and accurate so that the Town receives full reimbursement. As needed, we can supplement our primary team with specialists for utility coordination, environmental considerations, or other areas at the request of the City. Our experience has shown that projects utilizing this approach with flexible staffing is both more efficient and cost effective for our clients. Our goal is to ensure the project is appropriately staffed at the times when the staffing is needed, and we will work with the City to monitor the Contractor’s production schedule. INVOICING RockSol’s accounting group prides itself on prompt and accurate invoicing to our clients. Mark will match all work to our invoicing and provide adequate records to the City. Alongside each invoice is a Monthly Progress Report detailing the work performed for the month and selected photographs of the project’s progress. Mark will meet with the City regularly to discuss any upcoming milestones, at the City’s request. SUMMARY RockSol is genuinely excited for this Wadsworth Path project. We have presented a flexible and experienced team to ensure the City of Wheat Ridge is able to deliver this project and meet all federal requirements. DENVER METRO OFFICE 12076 Grant Street, Thornton, CO 80241 T: 303-962-9300 | F: 303-962-9350 PO # / OLA #: 400002692 / 331003010 Routing #: 23-HA1-XC-00071-ZM0002 Additional PO Reference: 400002262 Document Builder Generated Page 1 of 1 IGA OPTION LETTER Date State Fiscal Year Option Letter No. Project Code Original Contract # 23-HA1-XC-00071 AQC M361-013 (25614) Vendor Name: CITY OF WHEAT RIDGE SUBJECT Option to unilaterally add phasing to include Design, Construction, Environmental, Utilities, ROW incidentals or Miscellaneous and to update encumbrance amount(s). REQUIRED PROVISIONS In accordance with the terms of the original Agreement 23-HA1-XC-00071 between the State of Colorado, Department of Transportation and CITY OF WHEAT RIDGE, the State hereby exercises the option to add a phase that will include Construction and to encumber funds for the phase based on changes in funding availability and authorization. The total encumbrance is now increased by $6,187,500.00. A new Exhibit C-3 is made part of the original Agreement and replaces Exhibit C-2. The total encumbrance as a result of this option and all previous options and/or amendments is now $7,187,500.00, as referenced in Exhibit C-3. The total budgeted funds to satisfy services/goods ordered under the Agreement remains the same: $7,500,000.00 as referenced in Exhibit C-3. The effective date of this option letter is upon approval of the State Controller or delegate. APPROVALS State of Colorado: Jared S. Polis, Governor _____________________________________________ Date: __________________ By: Keith Stefanik, P.E., Chief Engineer For: Shoshana M. Lew, Executive Director, Colorado Department of Transportation ALL CONTRACTS MUST BE APPROVED BY THE STATE CONTROLLER CRS §24-30- performance until such time. If Contractor begin State Controller Robert Jaros, CPA, MBA, JD By: __________________________________ Date: _________________________________ Docusign Envelope ID: CDDE4D16-2DB0-4043-AF41-A5EC01E4C25C 11/25/2025 11/25/2025 Exhibit C-3 - Page 1 of 2 EXHIBIT C-3 - FUNDING PROVISIONS City of Wheat Ridge - AQC M361-013 (25614) A. Cost of Work Estimate The Local Agency has estimated the total cost of the Work to be $7,500,000.00, which is to be funded as follows: 1. FUNDING CMAQ a. Federal Funds (80% of CMAQ Award) $2,750,000.00 b. Local Agency Funds (20% of CMAQ Award) $687,500.00 MMO c. State Funds (50% of MMO Award of $7,500,000.00) $3,750,000.00 d. Local Agency Funds (50% of MMO Award is Total CMAQ Award + Additional Local Agency Funds) $312,500.00 ____________________________________________________________________________________ TOTAL FUNDS ALL SOURCES $7,500,000.00 ____________________________________________________________________________________ 2. OMB UNIFORM GUIDANCE a. Federal Award Identification Number (FAIN): 693JJ22530000Y400COM361013 b. Name of Federal Awarding Agency: FHWA c. Local Agency Unique Entity Identifier TEAYNF4J6VC8 d. Assistance Listing # Highway Planning and Construction ALN 20.205 e. Is the Award for R&D? No f. Indirect Cost Rate (if applicable) N/A g. Amount of Federal Funds Obligated by this Action: $2,350,000.00 h. Amount of Federal Funds Obligated to Date (including this Action): $2,750,000.00 ____________________________________________________________________________________ 3. ESTIMATED PAYMENT TO LOCAL AGENCY a. Federal Funds Budgeted $2,750,000.00 b. State Funds Budgeted $3,750,000.00 c. Less Estimated Federal Share of CDOT-Incurred Costs $0.00 ____________________________________________________________________________________ TOTAL ESTIMATED PAYMENT TO LOCAL AGENCY 86.7% $6,500,000.00 TOTAL ESTIMATED FUNDING BY LOCAL AGENCY 13.3% $1,000,000.00 TOTAL PROJECT ESTIMATED FUNDING 100.0% $7,500,000.00 ________________________________________________________________________________ 4. FOR CDOT ENCUMBRANCE PURPOSES CMAQ Award a. Total Encumbrance Amount (Federal funds + Local Agency funds) $3,437,500.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 MMO Award a. Total Encumbrance Amount (Only State funds are encumbered) $3,750,000.00 b. Less ROW Acquisition 3111 and/or ROW Relocation 3109 $0.00 ____________________________________________________________________________________ NET TO BE ENCUMBERED BY CDOT IS AS FOLLOWS $7,187,500.00 ____________________________________________________________________________________ CMAQ Award WBS Element 25614.10.30 Performance Period Start*/End Date Design 3020 $500,000.00 05/17/2024-07/31/2026 WBS Element 25614.20.10 Performance Period Start*/End Date Const. 3301 $2,937,500.00 10/29/2025-12/31/2027 Docusign Envelope ID: CDDE4D16-2DB0-4043-AF41-A5EC01E4C25C Exhibit C-3 - Page 2 of 2 MMO Award WBS Element 25614.10.30 Performance Period Start**/End Date Design 3020 $500,000.00 N/A-N/A WBS Element 25614.20.10 Performance Period Start**/End Date Const. 3301 $3,250,000.00 N/A-N/A ____________________________________________________________________________________ *The Local Agency should not begin work until all three (3) of the following are in place: 1) Phase Performance Period Start Date; 2) the execution of the document encumbering funds for the respective phase; and 3) Local Agency receipt of the official Notice to Proceed. Any work performed before these three (3) milestones are achieved will not be reimbursable. **The Local Agency should not begin work until both of the following are in place: 1) the execution of the document encumbering funds for the respective phase; and 2) Local Agency receipt of the official Notice to Proceed. Any work performed these two (2) milestones are achieved will not be reimbursable. B. Funding Ratios The funding ratio for the federal & State funds for this Work is 86.7% federal & State funds to 13.3% Local Agency funds, and this ratio applies only to the $7,500,000.00 that is eligible for federal & State funding. All other costs are borne by the Local Agency at 100%. If the total cost of performance of the Work exceeds $7,500,000.00, and additional federal & State funds are not available, the Local Agency shall pay all such excess costs. If the total cost of performance of the Work is less than $7,500,000.00, then the amounts of Local Agency and federal & State funds will be decreased in accordance with the funding ratio described in A1. This applies to the entire scope of Work. C. Maximum Amount Payable The maximum amount payable to the Local Agency under this Agreement shall be $6,500,000.00. For CDOT accounting purposes, the federal funds of $2,750,000.00, the State funds of $3,750,000.00 and the Local Agency funds of $687,500.00 will be encumbered, but the Local Agency funds of $312,500.00 will NOT be encumbered. The total budget of this project is $7,500,000.00, unless this amount is increased by an executed amendment before any increased cost is incurred. The total cost of the Work is the best estimate available, based on the design data as approved at the time of execution of this Agreement, and any cost is subject to revisions agreed to by the parties prior to bid and award. This applies to the entire scope of Work. D. Single Audit Act Amendment All state and local government and non-profit organizations receiving $1,000,000 or more from all funding sources defined as federal financial assistance for Single Audit Act Amendment purposes shall comply with the audit requirements of 2 CFR part 200, subpart F (Audit Requirements. The Single Audit Act Amendment requirements applicable to the Local Agency receiving federal funds are as follows: i. Expenditure less than $1,000,000 If the Local Agency expends less than $1,000,000 in Federal funds (all federal sources, not just Highway funds) in its fiscal year then this requirement does not apply. ii. Expenditure of $1,000,000 or more-Highway Funds Only If the Local Agency expends $1,000,000 or more, in Federal funds, but only received federal Highway funds (Catalog of Federal Domestic Assistance, CFDA 20.205) then a program specific audit shall be performed. This audit will examine the “financial” procedures and processes for this program area. iii. Expenditure of $1,000,000 or more-Multiple Funding Sources If the Local Agency expends $1,000,000 or more in Federal funds, and the Federal funds are from multiple sources (FTA, HUD, NPS, etc.) then the Single Audit Act applies, which is an audit on the entire organization/entity. iv. Independent CPA Single Audit shall only be conducted by an independent CPA, not by an auditor on staff. An audit is an allowable direct or indirect cost. Docusign Envelope ID: CDDE4D16-2DB0-4043-AF41-A5EC01E4C25C ITEM NUMBER: 7 DATE: June 8, 2026 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: CONSIDERATION OF WRITTEN FINDINGS AND DECISION FOR THE LAKESIDE AUTOWASH SPECIAL USE PERMIT ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☒YES ☐NO ISSUE: City Council conducted a public hearing to review the special use permit for Lakeside Autowash which is located at 5900 W. 44th Avenue. Following the hearing, the Council voted to add conditions of approval and further directed the City Attorney to prepare written findings and decision. PRIOR ACTION: The original Special Use Permit (SUP) was approved administratively by the Community Development Director in January 2024. On May 18, 2026 City Council conducted a public hearing to review the SUP upon the initiation of proceedings by the Community Development Director in accordance with Code Section 26-114. At the conclusion of the hearing, a motion was made to modify the SUP with additional conditions. The motion was made by Councilor Ohm and seconded by Councilor Quinn. The motion further directed the City Attorney to prepare written findings and decision for Council’s action. The motion passed 7-0. FINANCIAL IMPACT: None RECOMMENDATIONS: Staff recommend the Council approve the attached written findings and decision. RECOMMENDED MOTION: “I move to approve the written findings and decision for the Lakeside Autowash Special Use Permit as prepared by the City Attorney.” Council Action Form – Lakeside Autowash SUP Findings June 8, 2026 Page 2 REPORT PREPARED/REVIEWED BY: Jerry Dahl, City Attorney Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Findings and Decision 2. Exhibit 1 – Special Use Permit Approval 3. Exhibit 2 – Second Notice of SUP Noncompliance 1 CITY COUNCIL CITY OF WHEAT RIDGE, COLORADO ______________________________________________________________________________ IN RE: Review of previously issued special use permit and associated conditions related to Lakeside Autowash ______________________________________________________________________________ FINDINGS AND DECISION ______________________________________________________________________________ THIS MATTER comes before the Wheat Ridge City Council (the “Council”) upon initiation by the Community Development Director of proceedings to review a previously issued special use permit for Lakeside Autowash, located at 5900 W. 44th Avenue in Wheat Ridge, Colorado. The Council, having conducted the required public hearing and being fully advised in the matter, enters the following findings and decision: BACKGROUND, NOTICE, AND PROCEDURE 1.A special use permit (SUP), attached hereto as Exhibit 1, was issued on January 16, 2024 to Lakeside Autowash to develop and operate an automated car wash (the “facility”) at 5900 W. 44th Avenue (the “subject property”). The purpose of this proceeding is for the Council to determine, pursuant to Section 26-114.F of the Wheat Ridge Code of Laws (the “Code”) whether modification, additional conditions, or revocation of the SUP is warranted based upon a violation of the stipulations and conditions of approval of the SUP due to observed operational characteristics and impacts of the facility. 2.The Council has taken no prior action on this item. The original Special Use Permit (SUP) issued to Lakeside Autowash (“Autowash”) was approved administratively by the Community Development Director pursuant to Section 26-114 of the Code of Laws (the “Code”). 3.Following notice to Autowash and the public as required by Code 24-114.F, the City Council held a hearing on May 18, 2026 to consider review of the Autowash SUP as initiated by the Community Development Director. The hearing was originally scheduled for May 11 but was renoticed for May 18 upon a request by Autowash to accommodate its witness and attorney schedules. 4.Prior to the hearing, attorneys for Autowash filed requests that Councilmembers Rachel Hultin and Scott Ohm be recused from participating in the hearing and any action on the Autowash SUP. Councilmember Hultin recused herself from the proceedings and, on the advice of the City Attorney, Councilmember Hultin’s recusal was approved by the unanimous consent of the Council. Councilmember Hultin did not attend or participate in the hearing. Councilmember Ohm did participate. ATTACHMENT 1 2 5. At the commencement of the May 18 hearing, Councilmembers and the Mayor were asked on the record by the City Attorney whether, despite knowing about the case from statements of the public at Council meetings and from email exchanges with constituents and Autowash opponents and proponents in the months prior to the hearing, they were able to make a decision based solely on the evidence taken in the May 18 hearing itself. The Councilmembers and Mayor present answered in the affirmative. Councilmember Ohm was then separately questioned by the City Attorney, who asked questions focused on whether he understood that Autowash has a right to impartial and unbiased decision-makers in this hearing, and whether he could be impartial in the matter. Councilmember Ohm answered both questions in the affirmative. HEARING TESTIMONY AND EVIDENCE 6. The testimony at the hearing commenced with a presentation by the City's Community Development Director, Lauren Mikulak, who entered into the record the application materials, case file, municipal code, comprehensive plan, and the contents of her digital presentation to the Council. Ms. Mikulak's testimony was followed by testimony and evidence from representatives of Autowash, who also provided a letter dated May 8, 2026, for inclusion into the Council packet, along with a set of exhibits, many of which were also duplicated in the case file. The Autowash presentation was then followed by testimony from members of the public, and finally by questions of Autowash and the staff by members of the Council. At the conclusion of the testimony Mayor Stites closed the testimony portion of the hearing and the Council commenced deliberation. 7. Testimony from Community Development staff established the following, which is a summary of the written staff presentation as elaborated upon in the hearing by Community Development Director Mikulak: a. The subject property is located at 5900 W. 44th Avenue, at the southwest corner of 44th Avenue and Gray Street. The property is zoned Commercial- One (C-1), and the surrounding area is primarily commercial, with a residential neighborhood located to the south. The properties immediately adjacent to the site are commercially zoned and contain commercial land uses. The low-density residential neighborhood is just beyond, to the south. b. The site operated as a carwash for 25 years, from 1997 to 2022. It previously consisted of four open self-service bays, one automatic bay, and a series of vacuums. c. From 2022 through 2024, Autowash pursued redevelopment of the site, proposing to replace the prior carwash with a new automatic facility. Because carwashes are permitted only through a SUP in the C-1 zone district, the proposal required an application under Code Section 26-114. d. Autowash made application which was processed as Case No. SUP-23-01. The application materials included a written narrative, a response to the SUP review criteria, a site plan, and architectural elevations. The architectural 3 elevations depicted wash bays with doors on both sides, consistently shown in the closed position. In response to the SUP criteria, Autowash asserted in its application that the carwash would not have a detrimental effect on the neighborhood and would be compatible with the area. The SUP process included a neighborhood meeting, multiple rounds of review, and public notice. No comments were received during the formal public notice period. e. On January 16, 2024, the SUP was administratively approved based on the application materials and findings by the Community Development staff that the use would not have a detrimental effect on the surrounding area, would not contribute to blight, would not create impacts greater than those allowed under the existing zoning, and that it would be compatible with the character of the area. Conditions included that the carwash shall be consistent with the representations depicted in the application materials, that a building permit be obtained, and that the SUP would run with the applicant rather than the land. f. Community Development staff supported the SUP for several reasons related to location, context, design, and prior use. The staff report entered into the record of this hearing established the basis for the 2024 approval: • Autowash was replacing and upgrading the same land use that had been present on the site since 1997, and there was no reason to believe there would be impacts greater than those previously on site or greater than allowed under the C-1 zoning. • The site is located on and oriented to W. 44th Avenue, one of the City’s minor arterial roadways where such land use is appropriate based on the existing conditions of the roadway, other auto-oriented land uses on the corridor, and the road’s designation in the City’s comprehensive plan. • The architectural drawings depicted doors on both sides of the new bays, an upgrade from the previously operating carwash. The architectural elevations depicted wash bays with doors on both sides, consistently shown in the closed position. • The new carwash was not expected to have a detrimental effect on the general health, welfare, safety, and convenience of persons residing or working in the neighborhood. g. There had been no history of code compliance issues with the prior carwash use. Findings and conditions of approval were included in the approved 2024 SUP (attached as Exhibit 1). h. The new facility began operations in February 2025. Within weeks, the City began receiving complaints from nearby residents related to noise, hours of operation, and operational characteristics. Initial concerns focused on dryer 4 noise, 24-hour operations, and the operation of the facility with bay doors open. i. Throughout March and April 2025, code enforcement officers from the Police Department’s Community Services Team responded to multiple complaints and conducted sound measurements on several occasions. j. While code enforcement actions address discrete violations at specific points in time, they do not resolve broader questions related to how a land use operates on an ongoing basis. In this case, the pattern of complaints and observed conditions raised concerns not only about compliance with noise limits, but also about whether the use, as operated, remained consistent with the representations in the application materials and with the approval criteria of the Special Use Permit. k. In parallel with code enforcement actions, the City initiated a broader administrative review focused on achieving voluntary compliance and addressing operational impacts within the framework of the SUP. l. Beginning in spring 2025, the City initiated a coordinated effort with Autowash seeking to achieve voluntary compliance and to address operational impacts. These efforts spanned a period of six months and included: • Multiple meetings with Autowash, its legal counsel, and sound consultants; • Requests for operational changes and technical analysis; • Issuance of a Notice of Special Use Permit Noncompliance in June 2025; • Acceptance of Autowash’s voluntary 90-day closure to allow for mitigation starting June 30, 2025; • Review of a sound study and proposed improvements, including a sound fence/wall; • Coordination on reopening conditions, including reduced hours and limited bay operations; • Ongoing communication, monitoring, and the offer of third-party mediation; and • Independent third-party sound analysis commissioned by the City. m. After closing the facility for four months, Autowash reopened in November 2025 under modified conditions, including reduced hours (7:00 AM to 10:00 PM) and operation of only three wash bays. Despite these efforts, the City continued to receive complaints, and staff observations indicated that operational issues persisted, including inconsistent use of bay doors, noise impacts, and overflowing trash cans. 5 n. Over the course of more than one year, the City pursued voluntary compliance, operational adjustments, technical study, and facilitated dialogue. While some mitigation measures have been implemented, impacts to the surrounding area have not been consistently resolved. o. During the same period, the City evaluated operations relative to applicable noise standards, including Section 16-103 of the Wheat Ridge Code of Laws and relevant state statute provisions. Sound measurements were conducted by Community Service Officers and two separate third-party consultants; Wave Engineering and EDI, described at paragraph 26 below. Sound measurements varied due to multiple factors (including equipment, doors, car size, and weather); under some conditions operations were within applicable limits, while under others they exceeded those limits. p. Local noise standards in Code Chapter 16 reference both reasonableness and decibel standards. Applicable state law (C.R.S. §25-12-103) establishes thresholds based on time of day and type of use of receiving property: Daytime 7:00 AM to 7:00 PM Nighttime 7:00 PM to 7:00 AM q. In response to initial sound readings in summer 2025, Autowash implemented several mitigation measures, including installation of a six-foot sound wall/fence, discontinuation of the fourth bay, and modifications to vacuum and dryer equipment. 8. The City’s third-party sound study in March 2026 evaluated typical operations and the effectiveness of these changes. Results of that study indicated that some operational conditions fell within applicable limits, while others did not, depending on factors such as wash phase, number of active bays, and whether bay doors are open or closed. While these studies provided useful technical information, they also demonstrated that noise levels vary based on how the facility is operated, and that compliance with applicable standards is not consistently achieved under all conditions. 9. On April 16, 2026, the Community Development Director initiated this proceeding pursuant to Section 26-114.F of the Code, via a second notice of Special Use Permit noncompliance. The Notice, attached hereto as Exhibit 2, recited in pertinent part the determination by the Director that the facility was not incompliance with its 2024 SUP in that: (a) “The operation of the carwash has resulted in ongoing adverse impacts to the surrounding area, particularly related to noise and operational impacts,” and (b) “The facility is not operating in a manner consistent with the representations and assumptions underlying the SUP approval, including the depiction and expected use of enclosed bays.” 6 10.The City staff testimony also included a timeline of the operational history of the facility and efforts by City staff and the facility operators to address the operational impacts. 11.Community Development Director Mikulak concluded her testimony by detailing the three options available for the Council’s action following the hearing, as permitted by Code section 26-114: (1) to modify the SUP with additional or changed conditions of approval, (2) to continue the Autowash SUP in its present form with no changes, or (3) to revoke the SUP. Director Mikulak testified that the staff's recommendation was option number one: to modify the SUP with additional corrective conditions recommended by staff. Director Mikulak testified that in her opinion, the additional conditions recommended by staff would bring the operation into alignment with the operational conditions represented by Autowash in the SUP application and incorporated into the approval criteria of the Special Use Permit. She further stated that these conditions would help ensure the operation does not create adverse impacts on the surrounding community, as required for issuance of an SUP. 12.Following the Community Director’s presentation, Autowash made its presentation: a.Mr. Dennis Dreeszen, owner of Lakeside Autowash and joined by his wife Erin, testified that: Lakewood Autowash is not a new use and that the automatic doors should be open. Mr. Dreeszen testified that as he went through the City's process for approval of the current SUP, Lakeside Autowash did everything that was required and approved. He further testified that sound was not mentioned during the administrative approval process, and that in fact, in his opinion, the noise from the motor vehicles on 44th Avenue is louder most times than the carwash operation itself. b.Autowash presented the testimony of Troy Kirschman, the architect who designed the new Autowash building. Mr. Kirschman testified that during the application process there was no feedback received on noise. He testified that while the application materials showed the exterior doors in the down position, this was to show the finishes and colors for the purpose of architectural review and was not intended to represent the operating condition. He further testified that there is no reference in the Code of Laws prohibiting doors from being open. c.Evan Singleton, attorney with Spencer Fane, representing Autowash, testified that Autowash’s position is that the 2024 SUP, containing five conditions, was the exclusive limitation on the authority of the Council to review the SUP in an enforcement context, and that in the absence of a documented violation of one of those five conditions, the Council is not permitted to impose additional conditions, modify, or revoke the special use permit. Mr. Singleton testified with respect to noise concerns, stating that 7 the City had not clearly articulated to Autowash what the noise standard actually was, as applied to Autowash. He testified that City staff had informed Autowash that the noise was a subjective “detrimental impact standard.” Mr. Singleton described the sound studies conducted by Wave Engineering which recommended the installation of a sound wall, and the later study by the City, which relied on the state statutory standards. d. Mr. Dreeszen returned to the podium to testify with respect to the mitigation measures employed by Autowash: building a sound wall, soundproofing the inside of the bay doors, closing one bay, reducing the dryer power, and closing the Autowash for a four-month period. e. Mr. Singleton returned to the podium to describe that following these efforts, there had been measurable improvement in the opinion of their Wave Engineer consultants, reducing the sound in various locations from 48 to 60 decibels. f. John Peckler, attorney with Spencer Fane, representing Autowash, summarized the Autowash testimony, noting that that the issue before Council is one of fairness and due process, asserting that the City approved the car wash through multiple review stages without ever making “bay doors closed” an explicit condition of the SUP. He testified there has been no violation of the permit’s written conditions, so Council should leave the SUP unchanged, continue collaborative noise mitigation efforts, and avoid imposing conditions that could make the business financially unworkable or effectively force it to close. 13. Following the Autowash presentation, members of the public testified as follows: a. Cat Tarnoff testified (via zoom) that the Autowash has detrimental effects on the adjacent veterinary clinic and homeowners. She stated that the neighbors and nearby businesses could not have expected to anticipate and object to noise during the approval process when they were told there would be no issue. b. Lisa Hamilton Fieldman testified that noise is impacting the adjacent veterinary clinic. The Colorado Noise Abatement Act establishes statewide standards, both for decibel standards, and for periods, episodes, and shrill sounds. c. Leslie Baca, client of the adjacent veterinary clinic, testified that the carwash sounds are disruptive to the testing and treatment of animals at the clinic. d. Scott Galloway, who lives on Gray Street 714 feet south of the carwash, testified that the operational characteristics of the carwash are contrary to the basis for approval and negatively impact the surrounding neighborhood. 8 He stated the current noise represents the first negative impact on the neighborhood in his 33 years of residence. He asked for closing the doors and limiting hours of operation. e. Brett Lilly, Wheat Ridge resident and client of the adjacent veterinary clinic, testified that whether or not Autowash believed the 2024 approval of the SUP allows the present noise level, the operation is disruptive to nearby residents and businesses. He testified that sound study data notwithstanding, in practice it is a different quality of nuisance than background noise, producing peaks and variations. Mr. Lilly testified that the operation is inconsistent with the intent and spirit of the SUP approval and urged the City Council to revoke the permit or impose enforceable mitigation requirements. f. Kasi Cooper, a client of the adjacent veterinary clinic, testified that if the carwash cannot operate within the required limits, it should be required to implement mitigation. g. Jan Facinelli, the owner of the adjacent veterinary clinic at 4355 Gray Street, testified that noise from the carwash has negatively affected her business operations, quality of life, and ability to conduct veterinary examinations and treatment. She described the noise as shrill, continuous, periodic, sudden and impulsive. Dr. Facinelli testified that noise impacts were substantially reduced when the bay doors were closed during colder months, and requested additional sound mitigation measures, including construction of an enhanced sound wall. h. Mike Josten, who resides at 4360 Gray Street, testified that noise from the carwash has negatively affected the use and enjoyment of his property, including requiring windows to remain closed during warmer weather. He further testified that conditions have improved with mitigation efforts but that additional improvements are still needed. i. Sandra Sands, who lives seven houses from the carwash, testified regarding traffic congestion and safety concerns at Gray Street associated with the operation. She stated that the car wash noise prevents her from enjoying her front porch n the evenings. j. Greg Primavera, a nearby resident, testified regarding representations made during the approval process relating to traffic and noise impacts and testified that current operations generate substantially greater noise impacts than the prior carwash operation. k. Gretchen Josten, a property owner at 4360 Gray Street adjacent to Autowash, provided exhibits and testimony relating to the efforts of the other 9 carwashes, including Gleam carwash in Denver, with respect to their successful efforts to mitigate sound of operations. Ms. Jostin testified that the sound fence built along the southern boundary of the property was not an effective sound wall and identified additional mitigation measures that she believes could reduce operational noise. l. Chris Nietzold, a nearby resident and small business owner, challenged the Autowash testimony saying that it ignored what was “actually approved” and that the special use permit criteria in the Code are broader than the permit conditions from 2024. He testified that the architectural drawings submitted with the 2024 SUP Application showing the bay doors closed were not “just aesthetic,” stating “we believed what we were shown" and that the neighbors relied on those representations. He testified that the state law for 55 dB in residential areas. 14. In addition to verbal testimony at the public hearing, written comments from the public were received in response to the public notices, all of which were entered into the hearing record. They include four categories of comments: from the neighborhood, from Autowash customers, from Autowash employees, and from vet clinic clients. The following categories of comments were from residents and property owners in the surrounding residential neighborhood: a. Many commentators articulated how the carwash noise had negatively impacted their lives, including the necessity to rearrange living spaces to face away from the carwash and changing their schedule for being outdoors. b. The noise created by the carwash, and in particular during the drying cycle, was a central theme for the comments from the neighboring community. c. Other commentators specifically identified the drying cycle of the carwash as “extremely offensive and bothersome.” d. Other residents requested that the doors be closed in the front and the back only while the machines are running the wash and especially the dryers, commenting that the doors could be opened the rest of the time to help air out the bays. e. With respect to hours of operation, some residents asked that operation should be limited to normal business hours, such as 9 AM to 6 PM. Another category of written public comment was from customers of Autowash who praised the quality and efficiency of the carwash and the degree to which it provided a service to the community. Some of the commentators indicated they were holders of memberships allowing them to visit the carwash more conveniently. Commentors articulated that the present condition of the carwash facility was vastly superior to the prior facility and that the carwash provided “a major role in stabilizing neighborhoods and encouraging future development.” 10 A further category of comments were from employees of Autowash, who wrote to say that that the business is run with consideration, integrity and compassion, admiring “the length the company has gone to accommodate the neighbors, spending over half a million dollars on improvements in sound walls." Finally, a further category of written comments was received from pet owners who were customers of Holistic Care for Animals, the veterinary clinic located adjacent to and immediately south of the Autowash facility. These commentors stated that when visiting the clinic, the noise from the carwash made their visits very difficult and their pet examinations and treatment problematic. 15. Following public testimony, the staff and Autowash were given the opportunity to provide concluding remarks: a. Community Development Director Mikulak testified that special use permits are not a one-time look at an operation and that the Autowash facility failed to comply with the noise limitations under all conditions and has failed to comply with the depictions in the application materials. b. Responding to a question from the City Council, Director Mikulak confirmed that she had relied, as had the staff, on the depiction of the wash doors being closed in reviewing and acting upon the SUP in 2024. c. In its concluding remarks, Autowash urged that City Council take no present action on the SUP and urged that there was opportunity for Autowash, the City, and the neighborhood to go further in informal dialogue. FINDINGS OF FACT AND LAW 16. Special Use Permits are regulated generally by Section 26-114 of the Wheat Ridge Code of Laws. Subsection A of section 26-114 describes the purpose for special use permits: “Special uses are discretionary uses which, if properly designed, developed, operated and maintained, may be approved for any specific location within a zone district wherein the special use is enumerated. The primary issues to be addressed are those related to justification of need and special design and operational considerations which mitigate potential detrimental impacts of a special use on surrounding land uses, the street system or public services or facilities.” 17. Subsection D of section 26-114 lists nine specific criteria for review of special use permit applications, all of which are designed to further the purpose set forth in subsection (justifying the need and special design and operational considerations to mitigate potential detrimental impacts on surrounding land uses): 11 26-114.D Criteria for review. The community development director or city council shall base its decision in consideration of the extent to which the applicant demonstrates the following criteria have been met: a. The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. b. The special use will not create or contribute to blight in the neighborhood by virtue of physical or operational characteristics. c. The special use will not create adverse impacts greater than allowed under existing zoning for the property. d. The special use will not result in undue traffic congestion or traffic hazards, or unsafe parking, loading, service or internal traffic conflicts to the detriment of persons whether on or off the site. e. The property is appropriately designed, including setbacks, heights, parking, bulk, buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties. f. The special use will not overburden the capacities of the existing streets, utilities, parks, schools and other public facilities and services. g. There is a history of compliance by the applicant and/or property owner with Code requirements and prior conditions, if any, regarding the subject property. h. The application is in substantial compliance with the applicable standards set forth in the Architectural and Site Design Manual. i. The proposed special use promotes goals and outcomes from applicable portions of the city's comprehensive plan and any subarea plan applicable to the subject property. 18. Enforcement of a special use permit is governed by Code Section 26-114.F: F. Enforcement. All conditions and stipulations imposed by the community development director or city council shall be maintained during the entire term of the special use. If at any time the stipulations or conditions are not adhered to or are found to have been materially altered in scope, application, or design, the director of community development shall investigate and, if appropriate, initiate revocation proceedings. . . . 19. In its testimony and exhibits, Autowash argued that the Council has no jurisdiction to revoke or modify the SUP because its jurisdiction to do so is not triggered unless conditions applied to the permit at its issuance have been violated. Autowash further argued that the application materials in 2024 submitted with the application, while 12 showing bay doors, did not thereby represent that the bay doors would be closed during wash operations. 20. The Council finds that this analysis of the City’s (and ultimately the Council’s) jurisdiction over, and the ongoing supervision of special use permits within the City, is impermissibly narrow. The Council finds that the findings underlying issuance of special use permits in Code Section 26-14. D are relevant both at review and approval of a special use permit but also as the Council exercises its authority given by Code Section 26-114.F to ensure that the stipulations or conditions are adhered to and that operation of special uses are not “materially altered in scope, application, or design." The Council finds that to read the five issued conditions on the 2024 SUP as the ultimate and exclusive lens through which the Council must view any request by the Community Development Director to enforce the SUP does not take into account the purpose underlying the SUP process as articulated in Code Section 26-114.A and the Findings necessary to support an SUP in Code Section 26-114 D, both of which are required to be used in evaluating the SUP application as presented by the applicant against how the applicant later operates the facility. 21. The Community Development Director testified that the operation of the facility under the SUP has in fact been altered in scope, application or design, in that the facility is operating with bay doors open rather than closed as depicted in the initial application and relied upon by staff during the 2024 administrative appeal process. Further, the Community Development Director testified that the facility is operating at noise levels that are not consistently below those required by the Code and, necessarily, by applicable state law at CRS 25-12-103. Council finds this testimony compelling in establishing non- compliance of the operation. 22. The Council finds that its jurisdiction to entertain consideration of revocation or modification of the permit clearly emanates from Code Section 26-114.F, in its statement that these proceedings are appropriate “if at any time the stipulations or conditions are not adhered to or found to have been materially altered in scope, application, or design.” 23. The Council finds that changes in the manner in which the facility has been operating, as established by the testimony of the Community Development Director and the public in the hearing record, are material alterations in the scope, application, or design of the facility as applied for and as stipulated in the application materials and are an appropriate basis for the Council to determine whether the SUP should be canceled, revoked, continued in force, or modified. Accordingly, the Council finds that it has jurisdiction to consider whether to revoke or impose additional conditions upon the permit. 24. Council further finds that: • The operation of the facility is resulting in ongoing adverse impacts to the surrounding area, particularly related to noise and operational characteristics; 13 • The facility is operating at sound levels above those permitted by the Code and CRS 25-12-103; and • The facility is not operating in a manner consistent with the stipulations of the application and resulting SUP approval, including the depiction and expected use of enclosed bays and the written assertion in the applicant’s criteria response that there would be no impact on the surrounding the area. 25. The Council finds that these deficiencies in operation under the 2024 permit are not based on a single incident, but on a documented pattern of operational impacts and well-meaning but ultimately unsuccessful attempts to achieve sustained compliance through voluntary measures. 26. Two sound studies were conducted with respect to the facility, and were introduced as a part of the hearing record: a. Wave Engineering (Initial Test) – Autowash hired Wave to conduct a sound study. Noise measurements were taken from nine locations around the facility, both onsite and within the neighborhood to the south. The findings indicated decibel levels exceeded the allowable maximums and recommended a sound wall to be constructed. b. Wave Engineering (Second Test) – After completion of the sound wall/fence, measurements were again taken at four of the nine locations, specifically those off-site. Readings indicated the sound wall achieved lower decibels, though still not all locations were in compliance with the state’s maximum allowable. Of note, the engineer used the industrial table in the City’s Code of Laws as a reference [Section 16-103(c)], which uses only industrial as the source of noise. c. EDI – EDI was hired by the City to conduct an independent sound study. The findings indicated that out of nine locations sampled at two different times of day during regular wash operations, decibel levels exceeded the State’s commercial and residential maximum allowable at receptor sites. It suggested limiting hours of operation, modification to the existing sound wall/fence, and that all doors remain closed during all wash/dry cycles. d. The Council finds that these studies show inconsistent compliance by Autowash with applicable noise standards, and that the same is an additional basis for its decision herein to impose SUP permit conditions designed to address this issue. 27. Sound restrictions in Wheat Ridge are a layered system, relying upon the state statute at CRS 25-12-103, described above, and the Code of Laws at Section 16-103(b), which contains a “reasonableness standard.” The structure of that Code standard is a definition of “unreasonable noise,” and use of that defined term to declare that an unreasonable noise or sound is one “which is audible within a private residence that the 14 person responsible for the sound has no right to occupy…” . The Council finds persuasive the testimony of numerous residents of the surrounding residential community that the noise from the Autowash facility was not only audible with in their private residences, but was of unreasonable volume and nature within the definition of “unreasonable noise” under Code Section 16-103(a) which reads as follows: Unreasonable noise shall mean any noise, which because of its loudness and frequency, while taking into consideration its location and the nature of the typical urban environment, unreasonably disturbs, injures or endangers the comfort, repose, health, peace or safety of reasonable persons of ordinary sensitivity or causes damage to any property or business. 28. The Council finds that with respect to the depiction of the carwash doors being down, despite the Autowash claim that the industry standard is for the doors to be open, the City had a right to reasonably rely on the plans as presented in Autowash’s application. The hearing evidence from the neighboring property owners conclusively established that noise was substantially reduced when the bay doors are closed. The public testimony also established reliance on the description of the doors in Autowash’s submitted application. 29. The Council finds that operation of the facility with bay doors open and noise levels in excess of the City standards and the applicable state noise standard at CRS 25- 12-103 and are in fact material alterations in scope, application, or design of the facility, which alterations are a departure from the characteristics of the facility as represented at the time of its application for a permit. 30. The Council finds that these material alterations are established by testimony and evidence in the hearing record, and that it was reasonable for the Community Development Department and the public to rely upon the submitted application materials showing the wash bay doors closed and asserting no neighborhood impact. Further, this reasonable reliance is borne out by the testimony of the staff and the public that the noise levels were significantly reduced when the doors on both ends of the wash bay are closed. 31. Evidence was presented by Autowash that a different commercial operation in the City, the “Silver Bullet" shooting range, was treated differently by the City with respect to noise impacts, and that the City assisted Silver Bullet in facilitating a noise study and some sound attenuation. The City Manager testified that the Silver Bullet, as a shooting range and not a carwash, benefits from a specific statute, CRS 25-12-109, which provides a near-complete immunity from local noise complaint enforcement, specifically for “shooting ranges." The Council finds that the evidence and argument concerning a different form of commercial enterprise, one not requiring an SUP, and that is legally protected under state law, has no bearing on the City's ability to issue, regulate, and modify special use permits for carwashes, and in particular for Lakeside Autowash at issue in this case. 15 32. Mr. Dreeszen, on behalf of Autowash and in response to a question from Councilmember Martel, alleged the City staff approved the sound fence which Autowash constructed on the southern boundary of the site. However, the Council takes judicial notice of the fact that fences do not require a permit in the City and need only comply with Code requirements as to height and materials generally. The Council finds there is nothing in the record to establish that the City staff evaluated, let alone approved, the noise attenuating functionality and potential effectiveness of the fence which Autowash unilaterally erected. 33. The Council finds that the factors set forth in Code Section 26-114 for review of special use applications at 26-114.A, D, and F, and their enforcement under Code Section 26-114.F, are each a compelling governmental interest, and that these findings and the factors set forth in the Code are each a separate and independent basis for its decision herein. DECISION Based upon the foregoing findings and its review of the hearing evidence and testimony, the Council hereby orders that the special use permit (attached as Exhibit 1) for Lakewood Autowash at 5900 W 44th Avenue in Wheat Ridge, Colorado be modified to include as additional conditions the following: 1. Bay Doors Closed: All bay doors (north and south) shall remain fully closed during all wash and dry cycles. 2. Hours of Operation: All carwash operations (including vacuum use, testing, and maintenance) shall be limited to the hours of 7:00 AM to 8:00 PM for each day of each week. 3. Noise Compliance: The operation shall comply with all applicable noise standards, including state law (C.R.S. § 25-12-103, as amended) and those set forth in Section 16-103 of the Wheat Ridge Code of Laws. 4. Monitoring: Upon request by the City, made not more than twice each calendar year, the operator shall conduct and submit sound measurements prepared by a qualified professional to demonstrate compliance. Such requests may be made under circumstances that include, but are not limited to, equipment changes, operational changes, or recommissioning of the eastern wash bay. 5. Failure to comply with all conditions imposed or a continued pattern of impact on the neighborhood could result in further enforcement action, including additional review or revocation of the Special Use Permit pursuant to Section 26-114.F. 16 APPROVED AND ADOPTED by the Wheat Ridge City Council this ____ day of June 2026. City of Wheat Ridge By: _____________________________ Korey Stites, Mayor ATTEST: ______________________________________ Onorina Maloney, Sr. Deputy City Clerk *********************************************************************************************** CERTIFICATE OF MAILING I hereby certify a true and correct of the foregoing Findings and Decision were placed in the US mail, postage prepaid, this ____ day of __________ 2026 addressed to the following: Lakeside Autowash c/o/ John Peckler, Esq Spencer Fane LLP 1700 Lincoln Street, Suite 2000 Denver, CO 80203 ____________________________________ Onorina Maloney, Sr Deputy City Clerk Special Use Permit Approval WHEREAS, an application was filed by Hover Architecture for approval of a Special Use Permit (SUP) for a carwash use at 5900 W. 44th Avenue and zoned Commercial-One (Case No. SUP-23-01); and WHEREAS, sign and letter notice was completed as required by Section 26-114 of the Wheat Ridge Code of Laws (the “Code”) and no objections were received; and WHEREAS, the application is eligible for administrative review; and WHEREAS, staff finds that the application may be approved based on the criteria for review in Section 26-114 of the Code. NOW, THEREFORE BE IT RESOLVED, that a Special Use Permit is granted for a car wash use at 5900 W. 44th Avenue, based on the following findings of fact: 1.The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood.2. The special use will not create or contribute to blight in the neighborhood by virtue ofphysical or operational characteristics.3. The special use will not create adverse impacts greater than allowed under existing zoningfor the property. 4. The special use will not result in undue traffic congestion or traffic hazards, or unsafeparking, loading, service or internal traffic conflicts to the detriment of persons whether onor off the site.5. The property is appropriately designed, including setbacks, heights, parking, bulk,buffering, screening and landscaping, so as to be in harmony and compatible with the character of the surrounding areas and neighborhood, especially with adjacent properties.6. The special use will not overburden the capacities of the existing streets, utilities, parks,schools and other public facilities and services.7. There is a history of compliance by the applicant and/or property owner with Coderequirements and prior conditions, if any, regarding the subject property. 8.The application is in substantial compliance with the applicable standards set forth in theArchitectural and Site Design Manual.9. The proposed special use promotes goals and outcomes from applicable portions of theCity’s comprehensive plan and any subarea plan applicable to the subject property. And with the following conditions: 1.The special use shall be consistent with the representations depicted in the applicationmaterials. 2.The architectural upgrades and site plan modifications shall be consistent with the SUP Site Plan and Elevations.3. A building permit shall be obtained from the Wheat Ridge Building Division to complete allnew construction. ATTACHMENT 2 4. The approval of this special use is granted to the applicant and may not be inherited by subsequent operators. 5. A Public Improvement Agreement shall be executed prior to issuance of a vertical building permit. _________________________________ _______________________________ Lauren Mikulak, AICP Date Community Development Director January 16, 2024 City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001 P: 303.235.2846 F: 303.235.2857 www.ci.wheatridge.co.us April 16, 2026 John Peckler Spencer Fane LLP 1700 Lincoln Street, Suite 2000 Denver, CO 80203-4554 Subject: Second Notice of Special Use Permit Noncompliance and Revocation Hearing – Lakeside Autowash SENT VIA EMAIL AND CERTIFIED MAIL Dear Mr. Peckler and Autowash Team, The purpose of this letter is to provide a second notice of noncompliance related to the approved Special Use Permit (“SUP”) for Lakeside Autowash, located at 5900 W. 44th Avenue, and to provide notice of a public revocation hearing before the Wheat Ridge City Council who will hear evidence concerning the nature and extent of the alleged noncompliance with the conditions of the SUP. The first Notice of Special Use Permit Noncompliance was issued on June 24, 2025. This second notice is given in compliance with Section 26-114.F of the Wheat Ridge Code of Laws (“Code”). A public hearing has been set for Monday, May 11, 2026 at 6:30pm before the Wheat Ridge City Council for the purpose of reviewing the Special Use Permit and associated conditions related to the Lakeside Autowash at 5900 W. 44th Avenue, and if necessary, taking action with respect to that SUP. Background The subject property, located at 5900 W. 44th Avenue, is zoned Commercial-One (C-1) and has operated as a carwash since 1997. The prior use consisted of an automatic bay and four open self-service bays. The surrounding area includes a mix of commercial uses, with a residential neighborhood located to the south. From July 2022 to June 2024, Autowash pursued redevelopment of the site, including demolition of the existing structure and construction of a new automatic carwash. Because carwashes are permitted only through a Special Use Permit (SUP) in the C-1 zone district, an SUP application (Case No. SUP-23-01) was submitted and required discretionary review. The SUP application materials, including architectural elevations, depicted a facility with doors on both sides of each bay, consistently shown in the closed position. The proposal was reviewed through multiple rounds of staff review and public notice. A neighborhood meeting was held prior to the application submittal in August 2022, and a formal notice period occurred prior to ATTACHMENT 3 2 conclusion of the application review in December 2023. No public comments were received during the formal notice period. On January 16, 2024, I approved the SUP administratively following all required public notice and based on findings that the proposed use would not have a detrimental effect on the surrounding area and would not create impacts greater than those allowed under existing zoning. These findings were informed in part by the expectation that the new facility would improve upon the prior condition, including through enclosed bays. Construction was completed in early 2025, and a Certificate of Occupancy was issued on February 2, 2025. The carwash began operations shortly thereafter. Within weeks of opening, the City began receiving complaints regarding noise, hours of operation, and the opening of bay doors during operation. Complaints were submitted through multiple channels, including via emails, phone calls, testimony at City Council meetings, service requests, and directly to the Police Department. Commencing in April 2025, City staff-initiated outreach to Autowash with a focus on achieving voluntary compliance with the SUP and addressing operational impacts. This included: • Multiple meetings with Autowash, its legal counsel, and technical consultants; • Requests for sound studies and operational adjustments; • Documentation of concerns related to open bay doors and neighborhood impacts; and ultimately • Issuance of a Notice of Special Use Permit Noncompliance on June 24, 2025. Following issuance of the June 24, 2025 Notice of Noncompliance, Autowash proposed and implemented a voluntary 90-day closure to allow for further analysis and mitigation. During and after this period: • A sound study was commissioned by Autowash and mitigation measures were explored, including a proposed sound wall; • The City and Autowash coordinated on potential design solutions and operational changes; • Autowash installed a six-foot tall fence on the southern property line; and • The facility reopened under modified conditions, including limited hours (7:00am to 10:00pm) and limited operations (only three of the four bays). Despite these efforts, the City continued to receive complaints and observed that operational conditions—including inconsistent use of bay doors and ongoing noise impacts—remained unresolved. The City undertook independent third-party sound analysis in March 2026 to better understand existing conditions. While technical data has informed discussions, the core issue remains whether the use, as operated, satisfies the discretionary criteria of the SUP. Over the course of more than one year, the City has pursued voluntary compliance, operational adjustments, technical study, and facilitated dialogue including the offer of professional 3 mediation. These efforts have not resulted in sustained resolution of the identified impacts on the surrounding area. Accordingly and consistent with Code Section 26-114.F, I have determined that formal review by City Council is necessary to evaluate the status of the Special Use Permit and to determine whether modification, additional conditions, or revocation is warranted to protect the public health, safety, and welfare of the surrounding area. Special Use Permit Authority and Findings Pursuant to Section 26-114.A of the Code, special uses are discretionary and may be approved only where they are properly designed, developed, operated, and maintained such that potential adverse impacts are mitigated. Applicable criteria for review include the following: • The special use will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood; and • The special use will not create adverse impacts greater than allowed under existing zoning for the property. Based on the City’s review of operations since the facility opened in February 2025, including documented complaints, staff observations, and ongoing compliance efforts, the City has determined that: • The operation of the carwash has resulted in ongoing adverse impacts to the surrounding area, particularly related to noise and operational characteristics; and • The facility is not operating in a manner consistent with the representations and assumptions underlying the SUP approval, including the depiction and expected use of enclosed bays. These findings are not based on a single incident, but rather on a pattern of operational impacts and unsuccessful attempts to achieve sustained compliance through voluntary measures. These findings form the basis of my request for a hearing and Council action. Public Hearing A public hearing before the Wheat Ridge City Council has been scheduled as follows: • Date: Monday, May 11, 2026 • Time: 6:30 PM • Location: Wheat Ridge City Council Chambers (7500 W. 29th Avenue) At this hearing, City Council will consider the status of the Special Use Permit pursuant to Code Section 26-114.F, including the authority: • To cancel or revoke the Special Use Permit; • To require certain corrective measures to be taken; and/or • To modify the conditions which apply to the SUP. The order of proceedings at the hearing will be: • Staff presentation 4 • Autowash (SUP holder) presentation • Public comment • Autowash response to public comment • Questions from Council to staff and Autowash • Close the public hearing • Council discussion and action You may submit materials for City Council’s review in advance of the meeting. Materials must be received by Friday, May 1 at 11:00am for inclusion in the meeting packet, and should be emailed directly to me at lmikulak@wheatridge.gov. You may also present testimony and evidence at the hearing. Public Notice In accordance with Section 26-109 of the Code: • The City will publish notice of the hearing in the official newspaper; • The City will mail letter notice of the hearing to property owners and occupants within 1,000 feet; and • Posted notice of the hearing is also required on the property. To accomplish this, the City will prepare the required posting signs. The signs are ready for pickup at Wheat Ridge City Hall in the Community Development Department (7500 W. 29th Avenue, Second Floor). Please arrange to retrieve and post these signs on the property by end of day on Friday, April 24. Closing The City has made extensive efforts to work collaboratively toward a resolution. While your efforts over the last year are acknowledged, the impacts have persisted, and formal review by City Council is now necessary. Please contact me if you have any questions regarding this process. Sincerely, Lauren Mikulak, AICP Community Development Director cc: Evan Singleton, Spencer Fane Dennis Dreeszen, Autowash Erin Dreeszen, Autowash Muth Properties LLC, Property Owner Derek Dummermuth, Property Owner Registered Agent City Attorney City Manager Planning Manager SUP case file