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HomeMy WebLinkAbout03-24-2025 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, March 24, 2025 6:30 p.m. This meeting will be conducted as a virtual meeting, and in person, at: 7500 West 29th Avenue, Municipal Building, Council Chambers. City Council members and City staff members will be physically present at the Municipal building for this meeting. The public may participate in these ways: Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on March 24, 2025) Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on March 24, 2025) View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES City Council Meeting Minutes, February 10, 2025 Special Study Session Notes, February 10, 2025 City Council Meeting Minutes, February 24, 2025 Special Study Session Notes, February 24, 2025 Study Session Notes, March 03, 2025 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Child Abuse Prevention Month Sexual Assault Awareness Month PUBLICS’ RIGHT TO SPEAK 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. 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. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Motion to approve the purchase of salt materials for snow and ice control from Independent Salt Company in a total amount not to exceed $135,000 b. Motion to approve the purchase of three Police Department replacement vehicles and installation of lighting and auxiliary equipment in a total amount not to exceed $208,670 c. Resolution No. 15-2025 – a resolution amending the 2025 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $25,000 for the purpose of accepting a grant from Colorado Gives Foundation PUBLIC HEARINGS AND ORDINANCES ON SECOND READING NONE ORDINANCES ON FIRST READING 2. Council Bill No. 06-2025 – an ordinance approving a city-initiated zone change of the Lutheran Legacy Campus from Planned Hospital Development (PHD), Planned Commercial Development (PCD), Residential-Two (R-2), and Residential-One (R-1) to the Mixed Use-Lutheran Legacy Campus (MU-LLC) zone district DECISIONS, RESOLUTIONS, AND MOTIONS 3. Motion to formally approve and adopt “The Green at 38th” park name 4. Resolution No. 16-2025 – a resolution in support of House Bill 25-1272, Construction Defects and Middle Market Housing 5. Resolution No. 17-2025 – a resolution in opposition of Senate Bill 25-001, Colorado Voting Rights Act CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  FEBRUARY 10, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Amanda Weaver, Korey Stites, Janeece Hoppe, Dan Larson, and Leah Dozeman Absent: None. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl, Director of Public Works Maria D’Andrea; Parks and Recreation Director Karen O’Donnell, City Clerk Margy Greer, and other staff, guests and interested members of the public. 4. Approval of Minutes City Council Study Session Notes, January 6, 2025 City Council Meeting Minutes, January 13, 2025 City Council Meeting Minutes, January 27, 2025 Without objection or correction, the Notes were accepted as presented. 5. Approval of Agenda Without objection or correction, the agenda stood as announced. 6. Public’s Right to Speak Wheat Ridge Speaks: In Person Cody Hedges, resident of Wheat Ridge, spoke about ADA accessibility regarding new sidewalks and repair & replacement of sidewalks. Kathleen Martel – resident of Wheat Ridge – spoke as Chair of the Cultural Commission and invited all to an upcoming event that the Cultural Commission is hosting, a Spring mixer and Legacy Lutheran Hospital art sale fundraiser. Julie Pelligran – resident of Wheat Ridge – member of Cambridge Park HOA– spoke about her concerns regarding the proposed traffic circle on 38th Avenue and Miller Street. Erin Martin (via Zoom) – resident of Wheat Ridge – spoke about his concerns of a house on 34th Avenue, wherein the residents are running a car repair business, and cars are overflowing onto the surrounding streets. There was no one signed up to speak on the agenda items on the Study Session following the meeting. 7. CONSENT AGENDA Council Member Larson read the Consent Agenda into the Record. a. Motion to Cancel the March 10, 2025, City Council Meeting b. Motion awarding a contract to KECI Civil Inc., in the amount of $191,029 with contingency amount of $19,103 for a total approved amount of $210132 to construct the Wheat Ridge Recreation Center bridge settlement repair project c. Resolution No. 08-2025 – a resolution approving an amendment to the agreement with Mile High Flood District regarding the Clear Creek Master Drainageway Plan update d. Motion to approve the purchase and installation of various equipment from Holman Upfitting Truck Services in a total amount not to exceed $190,000 e. Resolution No. 09-2025 – a resolution authorizing the Mayor to execute an agreement with Jefferson County Open Space to accept the Trails Partnership Program grant in the amount of $475,854 for concrete improvements and widening throughout segments of the Clear Creek Trail in Wheat Ridge f. Resolution No. 10-2025 – a resolution amending the 2025 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $10,000 for the purpose of accepting and utilizing grant funds from the Jefferson County Open Space Foundation’s Nature’s Next Stewards program Council Member Larson made a motion to approve the Consent Agenda (which consists of Items 7a through 7f, inclusive). It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None. ORDINANCES ON FIRST READING 8. . Council Bill No. 05-2025 – an ordinance amending the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, and unclaimed property Council Member Snell read the Title of Council Bill No. 05-2025 and the Issue Statement into the Record. Issue: The Colorado state treasurer's office has advised the City of a state statute governing unclaimed property. The statute referenced is the Colorado Revised Uniform Unclaimed Property Act, CRS 38-13-101 et seq. (the “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 City may exempt itself from the Act, but only if it has adopted a local ordinance concerning unclaimed property which conflicts with the Act. This ordinance revises Code sections to comply with the Act while preserving the City’s authority to dispose of unclaimed property. The ordinance simplifies the Code sections on disposition of unclaimed property generally and property held by the police department. Council Member Snell made a motion to adopt Council Bill No. 05-2025. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 9. Motion adopting the 2025 Legislative Agenda Council Member Hultin made a motion to adopt the 2025 Legislative Agenda and read the Issue Statement into the Record: It was seconded by Council Member Ohm. Issue: The City of Wheat Ridge’s 2025 Legislative Agenda will guide the City’s advocacy on state-level policy decisions that could significantly impact the City. Developed in collaboration with the City’s Legislative Committee, the Agenda establishes clear positions on anticipated legislation for the 2025 Colorado Legislative Session. It serves as both a framework for the City’s advocacy efforts and a resource for state legislators considering policies affecting Wheat Ridge. Council Comments Several Council Member thanked the Legislative Committee for their work on the Agenda and stated how it was a good representation of the Council’s priorities. Vote: 8 Ayes. 0 Nays. The motion carried. 10. Resolution No. 11-2025 – a resolution amending the Fiscal Year 2025 2J Next Chapter Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,911,963 for the purpose of issuing a contract for professional services to Ayres Associates, Inc., and approving subsequent payments, for the 38th Avenue West Corridor Improvement project Council Member Weaver made a motion to adopt Resolution No. 11-2025 and read the Issue Statement into the Record. It was seconded by Mayor Pro Tem Stites. Issue: In March 2023, the city began a planning study of the 38th Avenue corridor, between Youngfield Street and Kipling Street, with the goals of improving the roadway to accommodate pedestrians and bicyclists while still accommodating vehicular traffic and providing improved stormwater drainage. The study consultant, Ayres Associates, Inc., has presented a final version of their report to staff, and the next step is to develop constructions plans to build the improvements along 38th Avenue. Ayres Associates, Inc. has been selected to complete the design work due to their previous work and current knowledge of the specific needs along 38th Avenue. Council Comments Council Member Weaver asked for an explanation regarding the design of the round-abouts and spoke to the ADA issues regarding sidewalk repairs. Public Works Director D’Andrea explained both processes. Council Member Ohm asked about the type of trees along the south side of street. D’Andrea stated that the City tries to save as many trees as possible and types of trees would be considered when planting began. Council Member Hoppe asked about public outreach. D’Andrea stated the use of the website, meetings, and more. Hoppe also asked about the budget regarding ADA accessibility for sidewalks. D’Andrea explained that the cost to repair or replace all is not in the budget, but they are being replaced as work proceeds in the public rights-of- way. Council Member Hultin asked when the study would come back to Council and stated she agreed with Council Member Ohm regarding having evergreen and spruces on the south side of the street. D’Andrea stated it would be on Council’s March 3rd Agenda and that the design process would take about one year. She stated community outreach plans are being made as well. Council Member Dozeman asked about preserving as much infrastructure as possible and when Council would receive estimates for stormwater and undergrounding of utilities. D’Andrea stated that they will preserve as many trees as possible, and they do not yet have the cost for stormwater and undergrounding. Vote: 8 Ayes. 0 Nays. The motion carried. 11. Motion approving a construction agreement with JOC Contracting, LLC., in the amount of $898,911.56 for Tabor Lake trail improvements 6. Motion approving a construction agreement with Colorado Designscapes in the amount of $1,211,000 for the Panorama tennis courts project Director of Parks and Recreation Karen O’Donnell reviewed the proposed scope of work regarding the contract. Project Manager Mark Route and Manager of Parks, Forest, and Open Space Benny Paiz, were also available to answer questions. Council Member Dozeman made a motion to approve a construction agreement with JOC Contracting, LLC., in the amount of $898,911.56 for Tabor Lake trail improvements She also read the Issue Statement into the Record. It was seconded by Council Member Ohm. Issue: Planning and design work associated with the Tabor Lake Trail project has reached completion. JOC Contracting, LLC was selected through Sourcewell cooperative purchasing to complete the construction phase of this project. This project will create a connection to the Clear Creek Trail from 44th Avenue through Van Gordon Street. Formalizing the existing social trail adjacent to Tabor Lake will provide a wider, safer, ADA accessible path to the Clear Creek Trail, and will enhance birding experiences by adding a bird blind and lake overview shelter. Council Comments Council Member Weaver asked about allowing paddle boats or small boards on the lake and also sked about the fish in the lake. Non-motorized boats are allowed during certain time frames that do not impact the bird population. Benny Paiz stated that there are several different types of fish in the lake. Council Member Larson asked about the ownership of Tabor Lake. Route stated that the City purchased it from Coors years ago. Larson asked if the lake was spring fed. Paiz stated that the lake is fed by groundwater. Larson asked about the solar lights on the bird blinds. Paiz stated there will be a timer on the lights. Conci Member Hultin asked if the City would be taking measure to eliminate the social trail. The answer was yes. Council Member Dozeman asked about the maintenance agreement and if the agreement would follow the change in property ownership. O’Donnell stated that they would have renegotiate with any new owners. Mayor Starker asked about the cooperative purchase agreement. O’Donnell stated that Sourcewell is a cooperative purchasing agreement which is used through the City’s procurement process. It is a cooperative purchasing agreement used throughout the state, so the City does not have to pre-quality contractors. Vote: 8 Ayes. 0 Nays. The motion carried. 12. Motion approving a construction agreement with Colorado Designscapes in the amount of $1,211,000 for the Panorama tennis court project. Council Member Hoppe made a motion to approve a construction agreement with Colorado Designscapes in the amount of $1,211,000 for the Panorama tennis court project. She also read the Issue Statement into the Record. It was seconded by Council Member Snell. Issue: Planning and design work associated with the Panorama Tennis Courts project has reached completion. Colorado Designscapes was selected through a competitive procurement process to complete the construction phase of this project. The existing tennis and basketball courts at Panorama Park have reached the end of their useful life span and need replacement. Court subsurface is in poor condition along with cracking on the play surface, making them unsafe and beyond normal maintenance repair Council Comments Council Member Snell asked if there was a backboard. Karen O’Donnell stated there was not one in the current design. Council Member Larson asked about the court surface product. It will be the typical petroleum-based coating used for all courts. Council Member Ohm asked about the drainage. Route explained the flow was away from the courts and into a small retainage area. Ohm also asked if the shelter would have power. Route stated electricity is not in the current plan. Mayor Starker asked about the changes in parking. Route explained that the parking for the courts on 35th will stay as is, parking off Depew will be altered to be ADA compliant. Council Member Hultin asked if there was any bike parking at the tennis courts. There is not currently, but staff will ensure that it gets added into the design, as there are several areas where bike parking would be appropriate. Council Member Hoppe stated that she would also like to see a backboard in the project design. . 18. City Manager’s Matters None. 19. City Attorney’s Matters None. 20. Elected Official’s Matters Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 21. Adjournment There being no further business to come before City Council, Mayor Starker adjourned the meeting at 8:00 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting February 10, 2025 This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. The Mayor explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. 1. Call to Order Mayor Starker called the Special Study Session to order at 8:04 p.m., following a Regular Meeting of City Council. 2. Attendance Council Members present: Jenny Snell, Rachel Hultin, Janeece Hoppe, Amanda Weaver, Korey Stites, Dan Larson, Leah Dozeman and Scott Ohm. Absent: None. Also present: City Manager Patrick Goff, Deputy City Manager Allison Scheck, City Attorney Jerry Dahl: Senior Deputy City Clerk Margy Greer, and other staff and interested residents. 3. Public’s Right to Speak None. 4. Legacy Metropolitan District Nos 1-12 Service Plan City Manager Patrick Goff introduced this item to City Council. Issue: The City received a draft Service Plan for the Legacy Metropolitan District Nos. 1- 12 (collectively, the “Districts”) on January 27, 2025, for approximately 100 acres of property comprised of the former Lutheran Medical Center campus (the “Property”). The purpose of the Districts will be to provide all or a portion of public improvements for the benefit of the residents and taxpayers located within the boundaries of the Districts. Cost of public improvements is estimated at $99 million. The Service Plan would allow for a maximum debt of $110 million and a maximum debt mill levy of 67 mills for up to 40 years. The proposed Service Plan describes and sets forth those powers and authorities the Districts shall have as allowed by Colorado law. The exercise of such powers, however, will at all times be governed by and subject to the terms of an IGA between the City and the Districts. State law allows local governments to exert significant control over the organization and operation of special districts. The service plan approval process is the key to exercising that control. Goff introduced Megan Murphy from White Bear Ankele Tanaka & Waldron, who prepared the service plan. Murphy gave a brief PowerPoint presentation on the service plan which included information stating that Lutheran Legacy Campus’ request for Council’s approval of the service plan; district boundaries, Districts No. 1-6 which encompass the proposed phases of the project; District No. 7-12 are being held in reserve for further expansion; the vicinity map, the IGA between the Districts and the City of Wheat Ridge, the purpose of metropolitan districts, the debit issuance, cost of public improvements, maximum debt mill levy and the debit mill levy imposition term. She explained the disclosure of districts to future residents of the plan area and the benefits to the city of approving the service plan. Goff stated that there was a requirement to send notification of the proposed plan to the resident of the plan area as well as surrounding property owners. He asked the plan provider to send out another letter clarifying to those residents outside of the plan area that the letter is for notification purposes only and they do not need to take action. Council Comments Council Member Weaver asked for clarification on Districts No. 5 and 6. Murphy stated that they are existing medical buildings which plan to stay on the property. Murphy stated it is not known at this time how much they will participate in the underlying infrastructure. Council Member Larson sated that the documents show the mill levy at 67 for the special district and the county assessor has it at 87.6 mil for the existing property. He asked for an explanation of the difference. Murphy showed the Financial Terms of the Service Plan from the PowerPoint presentation explaining the adjusted mill levy. Council Member Dozeman asked if it was usual for the property owner to ask for the creation of the special districts rather than the developer. Goff stated that they usually want to get these items in place as soon as possible, so the developer can move forward. He stated that one developer will oversee and eventually sell off parcels to other developers. Council Member Hoppe stated it was the home builders’ responsibility to inform new home buyers that there is a metro district involved. She asked if there a specific requirement that the City could add so that home buyers are aware of the special district when they purchase. Murphy stated that one city requires that the notice be printed on a different color paper and conspicuously posted in the sales trailers. A new state law requires that the seller must show the calculation of the taxes of a new home to the buyer who must sign off on it as part of their seller/buyer agreement. Goff stated that we could add some information on the disclosure portion of the service plan agreement. Mayor Starker asked how the voting rights of the districts is allocated. Murphy explained that metro districts are required to have elections every two years. In order to vote in the metro district, you must be registered to vote in the State of Colorado, live within the boundary of own property within the boundary of the district (as an individual, not a company). Each property owner has one vote. Votes are not based on how much property is owned by one person. Council Member Hultin asked what happens if someone does not pay what is owed to the metro district. Murphy explained that the money is collected through the county’s property tax bill. 1.5% collection fee is paid for the County Treasurer to collect these taxes. The County has the authority to foreclose after a certain period of time. The metro district does not directly collect the taxes. Council Member Dozeman asked if a metro district is dissolved, does the City have to pick up the maintenance cost for snow removal, etc. City Attorney Jerry Dahl stated that this is a private financial arrangement and it is private property. There is no obligation by the City. Murphy stated that the city must approve the dissolution plan or the plan will go to district court. Consensus was reached to bring the service plans agreement to City Council on February 24, 2025, for a public hearing. 5. Staff Report(s) None. 6. Elected Officials’ Report(s) None. 7. Adjournment With no further business to come before Council, Mayor Starker adjourned the meeting at 8:40 p.m. _________________________________ Margy Greer, Senior Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  FEBRUARY 24, 2025  Note:    This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session.  Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format.  1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. Mayor Starker recognized the passing of Wheat Ridge’s City Clerk Steve Kirkpatrick. He spoke to the professionalism of Dr. Kirkpatrick and the impact he had on the staff and his colleagues. He held a moment of silence in honor of Dr. Steve Kirkpatrick. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag. 3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin (via Zoom), Amanda Weaver, Korey Stites, Janeece Hoppe, Dan Larson (via Zoom), and Leah Dozeman Absent: None. A quorum was established. Also present: City Manager Patrick Goff; Deputy City Manager Allison Scheck; City Attorney Gerald Dahl, Director of Public Works Maria D’Andrea; Parks and Recreation Director Karen O’Donnell, City Clerk Margy Greer, and other staff, guests and interested members of the public. 5. Approval of Minutes Study Session Notes – February 3, 2025 Without objection or correction, the Minutes were approved. 6. Approval of Agenda Without objection or correction, the agenda stood as announced. PROCLAMATIONS AND CEREMONIES 7. Proclamation – Women’s History Day and International Women’s Day Mayor Starker proclaimed Women’s History Day, March 25, 2025, and International Women’s Day, March 8, 2025, in the City of Wheat Ridge. Paige Piper – Executive Director of LocalWorks – stating that March 8th is the date of LocalWorks’ 20-year anniversary. She invited City Council to help celebrate the anniversary on March 31st at 5:30 p.m. Lisa Wilson – resident of Wheat Ridge – thanked the street staff for plowing the bike path from Wadsworth to the park. She stated there is a section along 32nd from Cody to Dudley that has drainage issue and causes ice build-up. She asked staff to pay special attention to the recurring hazard. 7. Consent Agenda Council Member Ohm read the Consent Agenda and Issue Statements into the Record. a. Resolution No. 12-2025 – a resolution amending the Fiscal Year 2025 Budget to reflect the approval of a supplemental budget appropriation for the reappropriation and re-encumbrance of 2024 Fiscal Year encumbered funds in the amount of $5,164,449 Issue: There are 67 open purchase orders from the 2024 budget that will be carried over to the 2025 budget. Each purchase order is associated with a specific project that was not fully completed in the 2024 fiscal year. The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue or close out these projects in 2025, a supplemental budget appropriation in the amount of $5,164,449 is necessary to allow transfer of these funds into specific budget line items in the 2025 Budget. b. Resolution No.13-2025 – a resolution amending the Fiscal Year 2024 2J and 2E Budgets in the amount of $5,012,967 and approving the transfer of funds from the 2J Next Chapter Bond Fund to the 2E Investing 4 the Future Bond Fund to complete the defeasance of the 2017 bonds. Issue: In discussions with Council prior to the 2J bond issuance, it was agreed that $7.4 million of the $12.6 million 2E Fund balance would be used to pay down the 2017 bonds. At that time, the remaining debit service on the 2017 bonds was approximately $12.4 million. The additional $5.0 million needed to completely pay off the 2017 bonds was included in the $38.7 million 2J bond issuance proceeds. City Staff believed the $5.0 million payoff would be made through escrow, rather than an expense to the City. Rather, the $5.0 million was included in the total amount of 2J bond issuance proceeds that the City received, and the payoff is considered a 2E expense. Therefore, in order to be fully transparent with the community and to comply with the City’s budgetary procedures, a supplemental appropriation and transfer of funds is necessary. Council Member Ohm made a motion to adopt the Consent Agenda. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 8. Resolution No. 14-2025 a resolution approving a Service Plan and Intergovernmental Agreement for the Legacy Metropolitan District Nos. 1-12 Mayor Pro Tem Stites read the Title of the Resolution and the Issue Statement into the Record. Issue: City Council is asked to approve the Service Plan and Intergovernmental Agreement (IGA) for the Legacy Metropolitan District Nos. 1-12, a taxing district to be used to finance certain improvements for the Lutheran Legacy Campus redevelopment. Service Plan approval is the means by which the City oversees the creation of such districts, which are ultimately approved for formation by the district court. City Manager Patrick Goff stated that at the February 10th special study session, Intermountain Health had submitted a Service Plan to the City for the formation of a Metropolitan District for the Lutheran Legacy Campus. Metropolitan Districts in Colorado are a common toll for financing the public infrastructure portion of development projects. He said close to $100 million in public improvements have been identified for the redevelopment of the Lutheran Legacy Campus. The boundaries of the proposed District include only those properties within the 100-acre Lutheran Legacy campus. No properties outside those boundaries would be included in the District or taxed by the District per state statute. Goff stated that Service Plans for the formation of a Metropolitan District must be approved by city council. Patrick Goff introduced Megan Murphy with the law firm representing Intermountain Health to present the Service Plan to City Council Megan Murphy gave a brief PowerPoint presentation which included what was presented at the city council’s February 3, 2025, study session, with the inclusion of additional disclosures as requested by council. She reviewed the boundary map, the proposed districts, the financial terms of the service plan, the service plan being a financial tool for development, and the additional disclosure for future purchasers. Murphy discussed the city council Findings regarding the service plan per CRS 32-1-203. Public Comment Elise Brougham – requested Council vote against the Resolution. Council Comment Mayir Pro Tem Stites asked Mr. Goff to explain why approval of a metro district would benefit the city. Goff stated that it is a financing tool that will allow the developer to pay for over $100 million of public improvements. Council Member Hoppe was appreciative for the extra disclosure language and asked if it could also be linked to the city website. Murphy explained that by law the metro district must have their own website linked to the Division of Local Government’s website and the city could link to that as well. Council Member Hultin asked since the roads and sidewalks are private property, would they still be maintained by the city standards. Murphy stated that the District would require, at a minimum, they be kept to city standards and laws. Mayor Pro Tem Stites made a motion to approve Resolution 14—2025, a resolution approving a Service Plan and Intergovernmental Agreement for the Legacy Metropolitan District Nos. 1-12. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried. 9. Council Bill No. 05-2025 – an ordinance amending the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, and unclaimed property Council Member Snell read the Title of the Bill and Issue Statement into the Record. Issue: The Colorado state treasurer's office has advised the City of a state statute governing unclaimed property. The statute referenced is the Colorado Revised Uniform Unclaimed Property Act, CRS 38-13-101 et seq. (the “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 City may exempt itself from the Act, but only if it has adopted a local ordinance concerning unclaimed property which conflicts with the Act. This ordinance revises Code sections to comply with the Act while preserving the City’s authority to dispose of unclaimed property. The ordinance simplifies the Code sections on disposition of unclaimed property generally and property held by the police department. City Attorney Dahl sated that the State Treasurer takes all cash funds that are unclaimed unless the city has an ordinance in place which preempts the state, allowing the City to hold unclaimed cash for five years and after five years, allowing the city to retain the funds. In addition, clean-up was done on the ordinance regarding all other personal property rather than cash, reducing the hold time. This streamlines the disposition of unclaimed property for the Police Department. Public Comment None Council Member Snell made a motion to approve Council Bill 05-2025 an ordinance amending the Wheat Ridge Code of Laws concerning disposition of lost, abandoned, and unclaimed property. It was seconded by Council Member Hoppe. Vote: 8 Ayes. 0 Nays. The motion carried. ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS, AND MOTIONS 10. Motion to approve appointments to Boards, Commissions, and Committees Mayor Starker read the motion and Issue Statement into the Record. Issue: As of March 2, 2025, the terms of twenty-one Board, Commission, and Committee members of the City of Wheat Ridge will expire. Additionally, there are six existing vacancies to fill which include seats on the Board of Adjustment, Parks and Recreation Commission, Community Partners Grant Program, and the IDEA Committee. These twenty-seven positions in total are to be filled or reappointed. Mayor Starker asked for Council to approve his appointments of the following: John Troisi – Alternate – Board of Adjustment – Term March 2, 2028 Betty Jo Page – Alternate – Board of Adjustment – Term March 2, 2027 Amanda Burch – At Large – Sustainable Wheat Ridge – Term March 2, 2028 Lynn Carter – At Large – IDEA Committee – Term March 2, 2028 Joseph Chisholm – At Large- IDEA Committee – Term March 2, 2028 Edward Nepomuceno – IDEA Committee – Term March 2, 2027 Terra Greer – At Large – IDEA Committee – Term March 2, 2026 Council Member Hoppe made a motion to approve the Mayor’s appointments. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nayes. The motion carried. Council Member Hoppe made a motion to make the following District I appointments: Tom Zelenko – Board of Adjustment – Term March 2, 2028 Ryan Hester – Parks & Recreation Commission – Term March 2, 2028 Ralph Haben – Park and Recreation Commission – Term March 2, 2027 Cody Hedges – Planning Commission – Term March 2, 2028 Corinne Anderson – Sustainable Wheat Ridge – Term March 2, 2028 Kelly Trace – Community Partners Grant program – Term March 2, 2028 It was seconded by Council Member Snell. Vote: 8 Ayes. 0 Nayes. The motion carried. Council Member Ohm made a motion to make the following District II appointments: Alastair Huber – Board of Adjustment – Term March 2, 2028 Jason McCullough – Building Code Advisory Board – Term March 2, 2028 Daniel Graeve – Planning Commission – Term March 2, 2028 Julianne Stern – Renewal Wheat Ridge – Term March 2, 2030 Alix Finnegan – Sustainable Wheat Ridge – Tern March 2, 2028 Alex Gouldsmith – Community Partners Grant Program – Term March 2, 2028 It was seconded by Council Member Hultin. Vote: 8 Ayes. 0 Nays The motion carried. Council Member Weaver made a motion to make the following District III appointments: Susan Wood – Planning Commission – Term March 2, 2028 Alllison Vitello – Community Partners Grant Program – Term March 2, 2027 Amanda Fixsen – Community Partners Grant Program – Term March 2, 2028 Cindy Chang – IDEA Committee – Term March 2, 2027 It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried. Council Member Dozeman made a motion to make the following District IV appointments: John Derosier – Sustainable Wheat Ridge – Term March 2, 2028 Charles Hood – Community Partners Grant Program – Term March 2, 2028 Raven Newberry – Community Partners Grant Program – Term March 2, 2027 It was seconded by Council Member Larson. Vote: 8 Ayes. 0 Nays. The motion carried. 11. Motion approving a contract with Charles Abbott Associates, Inc., for building division services and authorizing subsequent payments Council Member Dozeman read the Motion and Issue Statement into the Record. Issue: Charles Abbott Associates, Inc. has provided Building Division services for the City of Wheat Ridge since 2018 under a contract that ends in March 2025. A competitive procurement process for Building Division services occurred in late 2024 resulting in this award. Community Development Director Lauren Mikulak spoke in favor of contracting with Charles Abbott Associates, Inc., stating they have been a very successful relationship with the City. She stated having a contractor imbedded in City Hall is most helpful to the City’s clients. Council Member Dozeman made a motion to approve a contract with Charles Abbott Associates, Inc., for building division services and authorizing subsequent payments. It was seconded by Council Member Larson. Vote: 8 Ayes. 0 Nays. The motion carried. 12. City Manager’s Matters City Manager Patrick Goff stated that the City’s Teen Night program has been cancelled due to the lack of grant funding from the federal government. Staff is working toward finding an alternative solution to keep the program going including potential partnering with APEX. He also stated that that Phase I of the STACK apartments is breaking ground. The entire complex will be built on Kipling from 44th on the east side to almost I-70. 13. City Attorney’s Matters None. 14. Elected Official’s Matters Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 15. Adjournment There being no further business to come before City Council, Mayor Starker adjourned the meeting at 7:38 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Bud Starker, Mayor SPECIAL STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting February 24, 2025 This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. A quorum of members of Council were present in Council Chambers for this session. The Mayor explained the virtual/hybrid meeting format, how citizens will have the opportunity to be heard, and the procedures and policies to be followed. 1. Call to Order Mayor Starker called the Special Study Session to order at 7:45 p.m., following a Regular Meeting of City Council. 2. Attendance Council Members present: Jenny Snell, Rachel Hultin, Janeece Hoppe, Amanda Weaver, Korey Stites, Dan Larson, Leah Dozeman and Scott Ohm. Absent: None. Also present: City Manager Patrick Goff, Deputy Community Development Director Lauren Mikulak, Senior Deputy City Clerk Margy Greer, and other staff and interested residents. 3. Public’s Right to Speak None. 4. Fruitdale School Lofts City Manager Patrick Goff introduced this item and reviewed the long timeline of prior actions regarding the historic designations, the project milestones, and the current situation. On November 28, 2016, City Council approved an Amended and Restated Development Agreement with the Wheat Ridge Housing Authority (WRHA) and Fruitdale School Partners LLC (FSP), for the redevelopment of Fruitdale School into a sixteen-unit residential development with five of those units restricted as affordable. The investment from the City and the WRHA into this project assisted in the preservation and rehabilitation of a National Registered historic property and the creation of affordable rental units for Wheat Ridge residents. FSP is in active negotiations to sell this property to Foothills Regional Housing. A sale of this property will impact the terms and conditions of the Agreement the City and WRHA entered into with FSP. The timeline for the redevelopment of Fruitdale School goes as far back as 2007 with significant action undertaken by the WRHA. Key actions taken by City Council are summarized below. • October 5, 2015 – City Council reviewed a mixed-use development proposal from Hartman Ely Investments (HEI) for the redevelopment of Fruitdale School • January 11, 2016 – City Council reviewed a residential only development proposal from HEI and considers a public-private partnership • February 8, 2016 – City Council approved Resolution No. 15-2016 supporting the redevelopment of Fruitdale School, authorizing financial participation in the amount of a $1.925 million loan and a $470,000 grant • February 22, 2016 – City Council approved Resolution No. 17-2106 approving the development agreement for the project and authorizing a loan up to $2.115 million and a $470,000 grant • May 9, 2016 – City Council approved an application from the WRHA for a zone change on the property from A-1, C-1 and R-3 to Mixed-Use Neighborhood • November 7, 2016 – City Council received an update on the project at study session including new terms for the City’s $2.115 million loan which would extend the payback period • November 28, 2016 – City Council approved an Amended and Restated Development Agreement with WRHA and FSP As part of the Amended and Restated Development Agreement, the City and WRHA committed to the following financial obligations: City loan - $2,115,000 (20-year term; interest accrues in 2018) City loan - $470,000 (35-year term; interest accrues in 2027) WRHA loan - $170,000 (35-year term; interest accrues in 2037) WRHA loan - $400,000 (35-year term; interest accrues in 2017) Fruitdale School Partners made one payment in the amount of $1.5 million to the City in 2018 towards the $2.115 million Freddie Mac loan leaving an outstanding total balance of $1.085 million owed to the City and $570,000 owed to the WRHA. The repayment of the remaining loans is contingent on FSP earning a 20% cash-on-cash return which has not occurred to date. Foothills Regional Housing has offered to purchase the property and assume the remainder of the $1.494 million loan; contribute $100,000 cash to the purchase price; pay $515,000 to cover deferred development and asset management fees; and increase the affordability of the existing units by additional project-based vouchers over time. Terms the for the Wheat Ridge Housing Authority is to forgive the $570,000 in loans and the City’s contribution would be to contribute $1.5 million of NOAH funds to the purchase price and receive $1,085,000 in repayment of the City load to the General Fund. Goff introduced Dani Ashley with Foothills Regional Housing (FRH) and spoke to the goals of FRH regarding the property and adding to their affordable housing portfolio. Community Development Director Lauren Mikulak reviewed the recommendations with Council. Staff recommended approval of the purchase and sale agreement between FRH and FSP. A sale to FRH would preserve and increase the affordable units from five to sixteen and preserve an historic asset in Wheat Ridge in partnership with FRH as a trust community partner. Staff offered three options to Council. After much discussion amongst Council and staff, Council reached consensus to move forward with the third option which is staff’s recommendation that the WRHA forgive the $570,000 in long-term loans and the city co tribute the full $2 million of NOAH funding to the project. There is some uncertainty concerning the status of the $2 million NOAH funding and if the Federal government will honor the budget appropriation. It may be prudent for the city to allocate the entirety of these funds for this project before the funding is rescinded. Contributing the full $2 million to this project would allow FRH to free up additional funding in their budget for other projects such as IVES II. 5. Staff Report(s) None. 6. Elected Officials’ Report(s) None. 7. Adjournment With no further business to come before Council, Mayor Starker adjourned the meeting at 8:11 p.m. _________________________________ Margy Greer, Senior Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem PROCLAMATION CHILD ABUSE PREVENTION MONTH April 2025 WHEREAS, every child deserves to grow up in a safe, nurturing environment, free from harm and fear. Every responsible person will agree that even one abused child is too many; and WHEREAS, the month of April has been designated nationally as Child Abuse Prevention Month. We encourage all community members to join in renewing our commitment to learning what we can do to promote the safety and well-being of children; and WHEREAS, Wheat Ridge has dedicated individuals and organizations who work daily to counter the problem of child abuse and to help parents obtain assistance they need; and WHEREAS, our community is stronger when all community members become aware of child abuse prevention and become involved in supporting parents to raise their children in a safe and nurturing environment; and WHEREAS, effective child abuse prevention programs succeed because of partnerships among families, social service agencies, schools, religious and civic organizations, law enforcement agencies and the business community; and WHEREAS, Ralston House Child Advocacy Center works with law enforcement, child protective services, district attorney’s offices in the 1st and 17th Judicial Districts, and the community to provide a safe place to investigate child abuse and provide victim services for children who have been physically or sexually abused or witnessed violence. NOW, THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby proclaim the month of April 2025, to be: CHILD ABUSE PREVENTION MONTH IN WITNESS WHEREOF, on this 24th day of March 2025. __________________________________ Bud Starker, Mayor __________________________________ Margy Greer, Sr. Deputy City Clerk PROCLAMATION SEXUAL ASSAULT AWARENESS MONTH - APRIL 2025 COLORADO DENIM DAY - APRIL 23, 2025 WHEREAS, every day, women, men, and children across Colorado suffer the pain and trauma of sexual assault; and WHEREAS, sexual violence affects individuals of all ages, backgrounds, and circumstances; and WHEREAS, this crime occurs far too frequently, goes unreported far too often, and leaves long lasting physical and emotional scars; and WHEREAS, during National Sexual Assault Awareness Month, we recommit ourselves not only to lifting the veil of secrecy and shame surrounding sexual violence, but also to raise awareness and expanding support for victims; and WHEREAS, at the state level, we must work to provide necessary resources to victims of every circumstance, including medical and mental health services, relocation and housing assistance, and advocacy during the criminal justice process; and WHEREAS, PorchLight Family Justice Center provides comprehensive legal, emotional and critical supportive services for survivors of domestic violence, sexual assault, child abuse, abuse of at-risk individuals, elder abuse, and human trafficking. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, do hereby declare the month of April 2025, as SEXUAL ASSAULT AWARENESS MONTH and further recognize April 23, 2025, as Colorado Denim Day, encouraging Wheat Ridge residents to wear denim to show their support for the victims of sexual assault and highlight this issue in our community. IN WITNESS WHEREOF, on this 24th day of March 2025. __________________________ Bud Starker, Mayor _____________________________ Margy Greer, Sr. Deputy City Clerk ITEM NUMBER: 1a DATE: March 24, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: MOTION TO APPROVE THE PURCHASE OF SALT MATERIALS FOR SNOW AND ICE CONTROL FROM INDEPENDENT SALT COMPANY IN A TOTAL AMOUNT NOT TO EXCEED $135,000 ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The city purchases and applies deicer materials each year as part of its snow and ice control efforts. The city has participated in a cooperative bidding process through the Colorado Multiple Assembly of Procurement Officials (MAPO) to obtain the best pricing. The city will utilize a City of Fort Collins contract with Independent Salt to purchase materials for 2025 in an amount not to exceed $135,000. PRIOR ACTION: On January 13, 2025, the City Council approved a contract with Central Salt in the amount of $135,000. It was determined after the Council meeting that Independent Salt offered a better price to the city. FINANCIAL IMPACT: Periodically, the Colorado Multiple Assembly of Procurement Officials (MAPO) will solicit member agencies estimated needs for salt materials and issue one cooperative request for bids. Vendors provide a cost per ton for each agency, based on the agencies’ estimated quantities and other factors such as delivery, location, etc. In 2024, the City of Fort Collins entered into a contract with two vendors for salt materials. The Fort Collins contracts allow other public agencies to purchase off the award of that bid as a cooperative user at the most advantageous price. The two contracts offer the following prices to Wheat Ridge: Council Action Form – Independent Salt Contract March 24, 2025 Page 2 Company 2024/2025 Price per Ton Central Salt $88.56 Independent Salt Company $79.44 The price reflects the cost of both supplying and delivering the material periodically to the Public Works Shop. BACKGROUND: On January 13, 2025, the City Council approved a contract with Central Salt in the amount of $135,000. After the Council meeting, it was determined that Independent Salt Company offered a better price to the city. A purchase order was not issued to Central Salt. Instead, this action is being taken so that the city can, instead, issue a purchase order to Independent Salt at a better price. RECOMMENDATIONS: Staff recommend utilizing the City of Fort Collins contract with the Independent Salt Company to purchase salt materials for snow and ice control in the amount of $135,000. RECOMMENDED MOTION: “I move to approve the purchase of salt materials for snow and ice control from Independent Salt Company in a total amount not to exceed $135,000.” or, “I move to deny the approval of the purchase of salt materials for the following reason(s): __________________.” REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. City of Fort Collins Contract Extension Letter 2. City of Fort Collins Contract with Independent Salt Company May 1, 2024 Independent Salt Company Attn: Christopher Tully 1126 20th Rd Kanopolis, KS 67454 RE: Contract Renewal, 9800 - MAPO Salt Dear Mr. Tully: The City of Fort Collins wishes to extend the agreement term for the above captioned contract pursuant to the existing compensation rates, terms and conditions for one (1) additional year, July 15, 2024 through July 14, 2025. If the renewal is acceptable to your firm, please sign this letter in the space provided and attach a current copy of your insurance certificate naming the City as an additional insured on General Liability and Automobile Liability and including proof of Workers’ Compensation/ Employers’ Liability Insurance within the next fifteen days. If you wish to propose any changes to the existing agreement prior to renewal, please do not sign this renewal and provide details of your requested change for review and consideration. If you do not want to renew this contract, please provide written notification stating the reason for non-renewal. Please contact Adam Hill, Senior Buyer at (970) 221-6777 or adhill@fcgov.com if you have any questions regarding this matter. Sincerely, Gerry Paul Purchasing Director __________________________________________ ____________________________ Signature Date (Please indicate your desire to renew 9800 by signing this letter and returning it to Purchasing Division within the next fifteen days.) GP: kr Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707- fax fcgov.com/purchasing DocuSign Envelope ID: DB34D15D-FD45-410B-B88A-DCEF25C05777 5/9/2024 DocuSign Envelope ID: DB34D15D-FD45-410B-B88A-DCEF25C05777 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 1 of 17 SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Independent Salt Company, a(n) Kansas Corporation, hereinafter referred to as "Service Provider". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Service Provider agrees to provide services in accordance with the scope of services attached hereto as Exhibit A, consisting of four (4) pages and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence July 15, 2023, and shall continue in full force and effect until July 14, 2024, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties only at the time of renewal. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. 3. Delay. If either party is prevented in whole or in part from performing its obligations by unforeseeable causes beyond its reasonable control and without its fault or negligence, then the party so prevented shall be excused from whatever performance is prevented by such cause. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Service Provider. Such notice shall be delivered at least ten (10) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. In the event of early termination by the City, the Service Provider shall be paid for services rendered to the date of termination, subject only to the satisfactory performance of the Service Provider's obligations under this Agreement. Service Provider shall submit a final invoice within ten (10) days of the effective date of termination. Undisputed invoices shall be paid Net 30 days of the date of the invoice. Such payment shall be the Service Provider's sole right and remedy for such termination. 5. Notices. All notices provided under this Agreement shall be effective immediately when emailed or three (3) business days from the date of the notice when mailed to the following DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 2 of 17 addresses: Service Provider: City: Copy to: Independent Salt Company Attn: Christopher Tully 1126 20th Rd Kanopolis, KS 67454 chris@indsalt.com City of Fort Collins Attn: Steve Varnell PO Box 580 Fort Collins, CO 80522 svarnell@fcgov.com City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 purchasing@fcgov.com 6. City Representative. The City will designate, prior to commencement of the work, its representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the services provided under this agreement. All requests for contract interpretations, change order, and other clarification or instruction shall be directed to the City Representative. The initial City Representative for this agreement is Steve Varnell and can be reached at svarnell@fcgov.com. The Representative is subject to change by the City. 7. Compensation. The City shall pay the Service Provider for the performance of this Contract, subject to additions and deletions provided herein, as per the attached Exhibit B, consisting of four (4) pages, and incorporated herein by this reference. Invoices shall be emailed to invoices@fcgov.com with a copy to the City Representative. The cost of the work completed shall be paid to the Service Provider following the submittal of a correct itemized invoice by the Service Provider. The City is exempt from sales and use tax. The City’s Certificate of Exemption license number is 09804502. A copy of the license is available upon written request. The City pays invoices on Net 30 days from the date of the invoice. 8. Appropriation. To the extent this Agreement or any provision in it constitutes a multiple fiscal year debt or financial obligation of the City, it shall be subject to annual appropriation by City Council as required in Article V, Section 8(b) of the City Charter, City Code Section 8-186, and Article X, Section 20 of the Colorado Constitution. The City shall have no obligation to continue this Agreement in any fiscal year for which no such supporting appropriation has been made. 9. Independent Service Provider. The services to be performed by Service Provider are those of an independent service provider and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Service Provider's compensation hereunder for the payment of FICA, Workmen's Compensation or other taxes or benefits or for any other purpose. 10. Subcontractors. Service Provider may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the City, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 3 of 17 the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the work of the subcontractor will be subject to inspection by the City to the same extent as the work of the Service Provider. Irrespective of any subcontractors named in Exhibit A, Service Provider shall be solely responsible for performance of all duties hereunder. 11. Personal Services. It is understood that the City enters into the Agreement based on the special abilities of the Service Provider and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Service Provider shall neither assign any responsibilities nor delegate any duties arising under the Agreement without the prior written consent of the City. 12. Acceptance Not Waiver. The City's approval or acceptance of, or payment for any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement or cause of action arising out of performance of this Agreement. 13. Warranty. a. Service Provider warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature. b. Unless otherwise provided in the Agreement, all materials and equipment incorporated into any work shall be new and, where not specified, of the most suitable grade of their respective kinds for their intended use, and all workmanship shall be acceptable to City. c. Service Provider warrants all equipment, materials, labor and other work, provided under this Agreement, except City-furnished materials, equipment and labor, against defects and nonconformances in design, materials and workmanship/workwomanship for a period, the longer of; i.) The original manufacturer’s warranty term; or ii.) beginning with the start of the work and ending twelve (12) months from and after final acceptance under the Agreement, regardless whether the same were furnished or performed by Service Provider or by any of its subcontractors of any tier. Upon receipt of written notice from City of any such defect or nonconformances, the affected item or part thereof shall be redesigned, repaired, or replaced by Service Provider in a manner and at a time acceptable to City. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default thereof. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 4 of 17 allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail themselves of any other remedy at law or equity. If the non-defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Entire Agreement; Binding Effect; Order of Precedence; Authority to Execute. This Agreement, along with all Exhibits and other documents incorporated herein, shall constitute the entire Agreement of the parties regarding this transaction and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. Covenants or representations not contained in this Agreement shall not be binding on the parties. In the event of a conflict between terms of the Agreement and any exhibit or attachment, the terms of the Agreement shall prevail. Each person executing this Agreement affirms that they have the necessary authority to sign on behalf of their respective party and to bind such party to the terms of this Agreement. 17. Indemnity/Insurance. a. The Service Provider agrees to indemnify and save harmless the City, its officers, agents and employees against and from any and all actions, suits, claims, demands or liability of any character whatsoever brought or asserted for injuries to or death of any person or persons, or damages to property arising out of, result from or occurring in connection with the performance of any service hereunder. b. The Service Provider shall take all necessary precautions in performing the work hereunder to prevent injury to persons and property. c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider shall provide and maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit C, consisting of one (1) page attached hereto, and incorporated herein by this reference. The Service Provider before commencing services hereunder, shall deliver to the City's Purchasing Director, purchasing@fcgov.com or P. O. Box 580, Fort Collins, Colorado 80522, one copy of a certificate evidencing the insurance coverage required from an insurance company acceptable to the City. 18. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution, and enforcement of this Agreement. The Parties further agree that Larimer County District Court is the proper venue for all disputes. If the City subsequently agrees in writing that the matter may be heard in federal court, venue will be in Denver District Court. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 5 of 17 19. Utilization by Other Agencies. The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. Nothing herein shall be deemed to authorize or empower the Agency to act as an agent for the City of Fort Collins in connection with the exercise of any rights hereunder, and neither party shall have any right or authority to assume or create any obligation or responsibility on behalf of the other. The other Agency shall be solely responsible for any debts, liabilities, damages, claims or expenses incurred in connection with any agreement established between them and the Service Provider. The City’s concurrence hereunder is subject to the Service Provider’s commitment that this authorization shall not have a negative impact on the work to be completed for the City. 20. Prohibition Against Unlawful Discrimination. The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, affirmatively ensures that for all contracts entered into with the City, disadvantaged business enterprises are afforded a full and fair opportunity to bid on the contract and are not to be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Service Providers to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Service Providers and their subcontractors at every tier. 21. Governmental Immunity Act. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the notices, requirements, immunities, rights, benefits, protections, limitations of liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. and under any other applicable law. 22. Colorado Open Records Act. The City is subject to Sec. 24-72-201 et seq. of the Colorado Revised Statute (CORA). This Agreement is subject to public disclosure in whole pursuant to CORA. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 6 of 17 23. Dust Control. [Optional] The Service Provider shall abide by the City of Fort Collins “Dust Control and Prevention Manual,” which is available for public download at https://www. fcgov.com/airquality/pdf/dust-prevention-and-control-manual.pdf, and is incorporated herein by this reference. The City of Fort Collins has implemented this manual for all projects performed for the City of Fort Collins or located within the City of Fort Collins City limits. 24. Force Majeure. No Party hereto shall be considered in default in the performance of an obligation hereunder to the extent that performance of such obligation is delayed, hindered, or prevented by force majeure. Force majeure shall be any cause beyond the control of the defaulting Party which could not reasonably have been foreseen and guarded against. Force majeure includes, but is not limited to, acts of God, fires, riots, pandemics, incendiarism, interference by civil or military authorities, compliance with regulations or orders of military authorities, and acts of war (declared or undeclared), provided such cause could not have been reasonably foreseen and guarded against by the defaulting Party. Force majeure shall not include increases in labor, commodity, utility, material, supply, fuel, or energy costs, or compliance with regulations or orders of civil authorities. To the extent that the performance is actually prevented, the Service Provider must provide written notice to the City of such condition within ten (10) days from the onset of such condition. 25. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit D - Confidentiality, consisting of one (1) page, attached hereto, and incorporated herein by this reference. [Signature Page Follows] DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 7 of 17 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul, Purchasing Director Date: ATTEST: APPROVED AS TO FORM: Independent Salt Company By: Printed: Title: Date: DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Sales Manager 7/27/2023 Chris Tully Assistant City Attorney 8/9/2023 Chief Deputy City Clerk Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 8 of 17 EXHIBIT A SCOPE OF SERVICES General: The City of Fort Collins, on behalf of MAPO Agencies, is requesting bids from firms for bulk road salt. Total approximate annual quantity of Rock Salt is 43,000 Tons and Solar Salt is 500 Tons. Renewable Contract: The Agreement will have an initial term of one (1) year. In addition, at the option of the City and the other participating MAPO Agencies, each MAPO Agency may extend their respective Agreements for additional one (1) year periods not to exceed two (4) additional one-year periods. Renewals and pricing changes shall be negotiated by and agreed to by the parties. Written notice of renewal shall be provided to the Service Provider and mailed no later than thirty (30) days prior to contract end. Cooperative Purchasing: The City of Fort Collins allows other Public Agencies the opportunity, but not the obligation, to purchase off the award for this Bid at the option of the awarded Service Provider/s. Other Public Agencies that are members of the Colorado Multiple Assembly of Procurement Officials (MAPO) cooperative purchasing group in particular may contact the awarded Service Provider/s with a desire to participate in any resulting awards as a potential cooperative user. Participating Agencies (the “Agencies”) which may elect to participate at their discretion: Adams County Arapahoe County City of Arvada City of Aurora City of Brighton City of Fort Collins City of Golden City of Greeley City of Lakewood City of Loveland City of Northglenn City of Thornton City of Westminster City of Wheat Ridge El Paso County Pricing: The attached bid form must be completely filled out, listing delivered bulk salt prices/ton to each participating agency’s specific location and meeting their specific requirements. These prices must remain firm for the first year of the contract and any update to pricing may only be proposed at time of the annual contract renewal. Method of Award: This bid may be awarded to one or multiple Service Providers, based on best price to the City of Fort Collins and other participating Agencies. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 9 of 17 I. ADDITIONAL CONTRACT TERMS 1. Each item on the bid must be bid individually, and the Agencies reserve the right to accept the lowest and best bid per item, combination of items, or all items combined, whichever is deemed in the best interest, and actual applications as appropriated by the Agencies. 2. Releases to be made as required throughout the period of the award. Consideration will be given to Service Providers with a favorable firm price period with no minimum release requirements. 3. Any deviation from this specification MUST be noted in detail, and submitted in writing on the Bid Form. Completed specifications should be attached for any substitutions proposed, or when amplifications are desirable or necessary. The absence of the specification deviation statement and accompanying specifications, will hold the Bidder strictly accountable to the specifications as written herein. Failure to submit this document of specification deviation, if applicable, shall be grounds for rejection of the item when offered for delivery. If specifications or descriptive papers are submitted with Bids, the Bidder's name should be clearly shown on each document. No deviation from the specification shall be binding upon any participating Agency unless made in writing and signed by authorized agents of each participating Agency. 4. Prices must remain in effect for first year of the contract. 5. Documented price changes shall be negotiated at the time of the annual agreement renewal upon written approval by the City of Fort Collins. Such proposed price changes must be submitted to the City of Fort Collins Project Manager & Senior Buyer at least sixty (60) days prior to the date of renewal. 6. The quantities listed are estimates and may increase or decrease as deemed necessary by the Agencies unless fixed quantities are stated. In the event of any emergency where quick delivery is a necessity and the successful bidder cannot meet the time constraints, the Agency may order from another Service Provider in order to meet that emergency only. 7. Over-shipments: Material shipped in excess of quantity ordered may be returned at the Bidder’s expense. 8. Vehicles shall not be operated on any roadway in excess of the legal weight limitation. The Service Provider shall be responsible for any and all fines incurred for being overloaded as well as any other safety or moving violations. Overweight trucks will not be accepted or unloaded. 9. All equipment must comply with city, county, state and DOT rules, regulations, requirements, etc. which apply. All operators must be properly licensed for the type of equipment being operated. Each Agency reserves the right to reject any improperly licensed equipment or operator. 10. This award shall be available for use by Local Governments and Public Agencies in the state of Colorado. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 10 of 17 11. All orders will be in truck load quantities or railcars. 12. All prices quoted are to be F.O.B. destination. All salt to be bulk delivered as designated per attached sheets. No deliveries will be accepted on either Saturday or Sunday, unless permission has been previously granted by the ordering Agency. At least twenty-four (24) hours prior notice must be given before any delivery will be accepted at any destination unless the condition is waived by the political subdivision when the order is placed with the Service Provider. All deliveries must be accompanied by a certified weight ticket, otherwise the shipment may be refused. Unloading instructions will vary depending upon the need of each political subdivision and are given on the bid sheets in detail. Additional delivery instructions which do not affect the Service Provider’s cost may be included on the blanket purchase order. 13. A single blanket purchase order will NOT be issued by the City of Fort Collins on behalf of each participating Agency. Each Agency will initiate purchase order(s) to the Service Provider as required. If any problems arise in the performance of the resulting contract, the hosting Agency, City of Fort Collins, should be notified immediately and will reasonably assist in finding a resolution. 14. After October 15 of each year, all orders of one (1) to five (5) truck loads must be delivered within ten (10) working days, and orders of more than five (5) truck loads must be delivered within twenty (20) working days. For each day beyond those deadlines in which delivery is made, twenty-five dollars ($25) shall be deducted from any monies due the Service Provider, not as a penalty but as liquidated damages notwithstanding any act of God. In the event that the Service Provider fails, refuses or otherwise declines to perform in accordance with the terms of the agreement, the Agency may then purchase the road salt ordered from the Service Provider from any other source and the Service Provider shall be liable for the difference between the contract prices and the purchasing price of said material in addition to any liquidated damages that are due and owing the Agency. 15. In order to minimize the possibility of any single Service Provider being committed to delivering more road salt that he can effectively haul, Service Providers are asked to specify a maximum quantity of road salt which can be satisfactorily delivered to the Agencies on this bid invitation. If a Service Provider is the low responsive and responsible bidder for more salt than they have specified, they will be given the opportunity to select a subset of those Agencies to fit within their delivery capacity. 16. Should a bidder find discrepancies in, or omissions from the project specifications, or should be in doubt as to their meaning, please notify the City of Fort Collins Purchasing, Adam Hill, Senior Buyer at adhill@fcgov.com or (970) 221-6777. . DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 11 of 17 PRODUCT SPECIFICATIONS SPECIFICATIONS Rock Salt • Must meet AASHTO Specifications for Sodium Chloride M 143-74, Type 1, Grade 1 or Grade 2 as specified on the bid sheets. In addition, representative samples of delivered material must meet the following maximum moisture content requirements when dried to a constant weight at 105 C: • Salt must be mined rock salt and not evaporated sea salt. • Untreated Sodium Chloride - 2% maximum • Sodium Chloride with non-caking and/or anti-freeze additives - 3% maximum • Non-caking additive may be called for by the ordering agency and must meet the following specifications. Non-caking additive. Yellow Prussiate of Soda (YPS), or other approved chemical shall be uniformly added to the Sodium Chloride at a ratio of not less than 200 parts per million (200ppm) to produce a non-caking material when subjected to the following test: the materials shall be exposed to two (2) twenty-four moisture cycles from 3% minus moisture by weight to 25% plus moisture and back to 3% moisture. The addition of the YPS to the Sodium Chloride shall be done prior to stockpiling and shall be done in such a manner as to produce a uniform coating throughout all crystals. Solar/Evaporated Salt The salt specification shall meet the following minimum requirements: 1. Moisture Content – 5.0% Maximum 2. Insoluble Material – 1.0% Maximum 3. Gradation – Sieve Wt. % Size Passing 3/4" 100 #4 20 – 100 #8 10 - 60 #30 0 - 15 4. Anti-Caking agent will be included to insure that the material remains free from hard caking and suitable for its intended purpose. 5. Material must be clean and free from extraneous matter. The material must be homogenous or manufactured in such a manner to assure that the corrosion inhibitor, anti-caking agent and the chemical product does not segregate. 6. The salt shall be dried to a maximum moisture content of 5.0 % (percent by weight). Water in excess of 5.0% of dry salt weight will not be accepted. 7. Insoluble Residue - The salt shall have a maximum insoluble residue of 1.0 % (percent by dry weight). DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 12 of 17 EXHIBIT B BID SCHEDULE/ COMPENSATION The following pricing shall remain fixed for the initial term of this Agreement. Any applicable price adjustments may only be negotiated and agreed to in writing at the time of renewal. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 16 of 17 EXHIBIT C INSURANCE REQUIREMENTS The Service Provider will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing work under this bid, the Service Provider shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies. In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Service Provider, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Service Provider under this Agreement. Insurance certificates should show the certificate holder as follows: City of Fort Collins Purchasing Division PO Box 580 Fort Collins, CO 80522 The City, its officers, agents and employees shall be named as additional insureds on the Service Provider 's general liability and automobile liability insurance policies by marking the appropriate box or adding a statement to this effect on the certificate, for any claims arising out of work performed under this Agreement. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Service Provider shall maintain during the life of this Agreement for all of the Service Provider's employees engaged in work performed under this agreement. Workers' Compensation & Employer’s Liability insurance shall conform with statutory limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee, or as required by Colorado law. B. General Liability. The Service Provider shall maintain during the life of this Agreement such General Liability as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for General Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. C. Automobile Liability. The Service Provider shall maintain during the life of this Agreement such Automobile Liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for Automobile Liability, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any work is performed by a subcontractor, the Service Provider shall be responsible for any liability directly or indirectly arising out of the work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 Official Purchasing Document Last updated 2/1/2023 Independent Salt Company - Services Agreement BID 9800 MAPO SALT Page 17 of 17 EXHIBIT D CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the “City”) pursuant to this Agreement (the “Agreement”), the Service Provider hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as “information”) that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Service Provider has agreed to perform, the Service Provider hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Service Provider agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City). The Service Provider shall not disclose any such information to any person not having a legitimate need-to-know for purposes authorized by the City. Further, the Service Provider shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Service Provider understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Service Provider shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Service Provider ceases to perform services for the City, or the City so requests for any reason, the Service Provider shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Service Provider understands and agrees that the City’s remedies at law for a breach of the Service Provider’s obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 07/27/2023 Iron Insurance Partners 201 E Iron Avenue P.O. Box 1213 Salina KS 67402-1213 Lindsey Sturn (785) 825-0286 (785) 825-5098 lsturn@ironrisk.com Independent Salt Company PO Box 36 Kanopolis KS 67454 Federal Insurance Company 20281 Carolina Casualty Insurance Company 10510 22.23 All Lines A Y 37110044 11/01/2022 11/01/2023 1,000,000 1,000,000 5,000 1,000,000 2,000,000 2,000,000 A Y 78389735 11/01/2022 11/01/2023 1,000,000 A 0 79764048 11/01/2022 11/01/2023 5,000,000 5,000,000 B CCWC120810 12/31/2022 12/31/2023 1,000,000 1,000,000 1,000,000 City of Fort Collins is named as additional insured with regard to the general liability and auto liability. This is a revised certificate and supersedes any previously issued certificate. City of Fort Collins ATTN: Purchasing Department PO Box 580 Fort Collins CO 80522-0580 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?(Mandatory in NH) DESCRIPTION OF OPERATIONS belowIf yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCEDAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIREDAUTOS ONLY DocuSign Envelope ID: 1969C133-CEFE-4EBF-AE70-C047A3E25537 ITEM NUMBER: 1b DATE: March 24, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: MOTION TO APPROVE THE PURCHASE OF THREE POLICE DEPARTMENT REPLACEMENT VEHICLES AND INSTALLATION OF LIGHTING AND AUXILIARY EQUIPMENT IN A TOTAL AMOUNT NOT TO EXCEED $208,670 ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Each year, the city identifies a proposed list of vehicle replacements within the city fleet. In 2025, eight vehicles were identified for replacement. Three of these vehicles were for the Police Department. Staff have researched various options with the Police Department and recommends the purchase of three Chevrolet Tahoes from John Elway Chevrolet at a total price of $173,170. Staff also requests approval to purchase and install auxiliary equipment required for the operation of the new vehicles along with the installation of lighting and markings at a total additional cost of $35,500. Therefore, the total requested amount is $208,670. PRIOR ACTION: N/A FINANCIAL IMPACT: The funds for the purchase of these vehicles were budgeted in the 2025 Public Works Department General Fund budget, account number 01-303-800-807, Fleet Replacement. The total approved budgeted amount for these units, including the upfit costs, is $195,000. The cost for other planned vehicle replacements is less than anticipated, therefore, the higher cost for these three can be absorbed within the available budget. The estimated costs are as follows: Council Action Form – Police Vehicle Chevrolet Tahoe Purchase March 24, 2025 Page 2 Vehicle/Unit # Vehicle Cost Upfit Cost (estimated) Total Unit Cost 2025 Chevrolet Tahoe (marked) (Unit #49) $57,980 $13,500 $71,480 2025 Chevrolet Tahoe (marked) (Unit #58) $57,980 $13,500 $71,480 2025 Chevrolet Tahoe (unmarked) (Unit #43) $57,210 $8,500 $65,710 Total $173,170 $35,500 $208,670 The vehicles are being purchased under the State of Colorado contract #193796. BACKGROUND: Two existing patrol vehicles (Unit No. 49 & No. 58) and one existing unmarked vehicle (Unit #43) will be replaced with three 2025 Chevrolet Tahoe’s. The new vehicles are built and available for purchase immediately from the dealer. The City vehicle replacement policy, revised by the City Council in 2011, is utilized to determine replacement eligibility. This policy provides replacement guidelines that consider long-term effective service life and costs for budgeting purposes. Among the guidelines considered are high/rising maintenance and repair costs, operating costs, excessive downtime of equipment, parts or service availability, poor utilization, etc. These three vehicles met the qualifications in the replacement policy. The existing vehicles will be taken to auction once the new vehicles are put into service. The city utilizes AvTech Electronics, Inc. to install after-market items to city vehicles. For Police vehicles this typically entails additional lighting, body decals and markings, and other specialized equipment. AvTech has provided a quote to upfit these three vehicles with the items specifically requested by the Police Department to meet their needs. RECOMMENDATIONS: Staff recommends the purchase of three Chevrolet Tahoes from John Elway Chevrolet and the installation of various auxiliary equipment, lighting and markings from AvTech Electronics. RECOMMENDED MOTION: “I move to approve the purchase of three Police Department replacement vehicles and installation of lighting and auxiliary equipment in a total amount not to exceed $208,670.” or, “I move to deny the approval of the purchase of three Police Department replacement vehicles and the installation of lighting and auxiliary equipment for the following reason(s): _____________________.” Council Action Form – Police Vehicle Chevrolet Tahoe Purchase March 24, 2025 Page 3 REPORT PREPARED/REVIEWED BY: Maria D’Andrea, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. John Elway Chevrolet Price Quote (marked units) 2. John Elway Chevrolet Price Quote (unmarked unit) John Elway Chevrolet SARAH DUDGEON | 303-789-6763 | sdudgeon@elwaydealers.net Vehicle: [Fleet] 2025 Chevrolet Tahoe (CK10706) 4WD 4dr Commercial ( Complete ) At the user's request, prices for this vehicle have been formulated on the basis of Initial Pricing for the vehicle, however GM cannot guarantee that Initial Pricing is available. This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided. Data Version: 24863. Data Updated: Mar 3, 2025 6:45:00 PM PST. Mar 4, 2025 Page 1 Quote Worksheet MSRP Base Price $55,500.00 Dest Charge $1,995.00 Total Options $1,336.00 Subtotal $58,831.00 KERR-NIJ LEVEL-3+ BALLISTIC PANELS IN FRONT DOORS $3,690.00 Subtotal Pre-Tax Adjustments $3,690.00 Less Customer Discount ($4,541.00) Subtotal Discount ($4,541.00) Trade-In $0.00 Excluded from Sales Tax Subtotal Trade-In $0.00 Taxable Price $57,980.00 Sales Tax $0.00 Subtotal Taxes $0.00 Subtotal Post-Tax Adjustments $0.00 Total Sales Price $57,980.00 Comments: STATE OF COLORADO AWARD 193796 US FEDERAL GOVT. SAM.GOV #NLPNC96A9FG5 ARAPAHOE COUNTY AWARD 19-48 Dealer Signature / Date Customer Signature / Date ATTACHMENT 1 John Elway Chevrolet SARAH DUDGEON | 303-789-6763 | sdudgeon@elwaydealers.net Vehicle: [Fleet] 2025 Chevrolet Tahoe (CK10706) 4WD 4dr Commercial ( Complete ) At the user's request, prices for this vehicle have been formulated on the basis of Initial Pricing for the vehicle, however GM cannot guarantee that Initial Pricing is available. This document contains information considered Confidential between GM and its Clients uniquely. The information provided is not intended for public disclosure. Prices, specifications, and availability are subject to change without notice, and do not include certain fees, taxes and charges that may be required by law or vary by manufacturer or region. Performance figures are guidelines only, and actual performance may vary. Photos may not represent actual vehicles or exact configurations. Content based on report preparer’s input is subject to the accuracy of the input provided. Data Version: 24949. Data Updated: Mar 13, 2025 6:45:00 PM PDT. Mar 14, 2025 Page 1 Quote Worksheet MSRP Base Price $55,500.00 Dest Charge $1,995.00 Total Options $461.00 Subtotal $57,956.00 KERR-NIJ LEVEL-3+ BALLISTIC PANELS IN FRONT DOORS $3,690.00 UNMARKED TAHOE $0.00 Subtotal Pre-Tax Adjustments $3,690.00 Less Customer Discount ($4,436.00) Subtotal Discount ($4,436.00) Trade-In $0.00 Excluded from Sales Tax Subtotal Trade-In $0.00 Taxable Price $57,210.00 Sales Tax $0.00 Subtotal Taxes $0.00 Subtotal Post-Tax Adjustments $0.00 Total Sales Price $57,210.00 Comments: STATE OF COLORADO AWARD 193796 US FEDERAL GOVT. SAM.GOV #NLPNC96A9FG5 ARAPAHOE COUNTY AWARD 19-48 Dealer Signature / Date Customer Signature / Date ATTACHMENT 2 ITEM NUMBER: 1c DATE: March 24, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 15-2025 TITLE: A RESOLUTION AMENDING THE 2025 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $25,000 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 February 2025, the Colorado Gives Foundation awarded the Wheat Ridge Homeless Navigation Program $25,000 to be used to support people experiencing homelessness. A supplemental budget appropriation is required to spend these funds. PRIOR ACTION: None. FINANCIAL IMPACT: These grant funds have not been appropriated in the 2025 budget. This resolution will amend the budget to accept these grant funds and appropriate the funds in the General Fund. The $25,000 can be used over a thirteen-month period to support people experiencing homelessness. 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 – 2025 Colorado Gives Foundation Grant March 24, 2025 Page 2 operations and potentially expand the number of clients that 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 recommends 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. 15-2025, a resolution amending the 2025 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $25,000 for the purpose of accepting a grant from Colorado Gives Foundation” Or, “I move to postpone indefinitely Resolution No. 15-2025, a resolution amending the 2025 Fiscal Year General Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $25,000 for the purpose of accepting a grant from Colorado Gives Foundation for the following reason(s) _______________________________.” REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 15-2025 2. Grant Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE 2025 FISCAL YEAR GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $25,000 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 2025, Colorado Gives Foundation has awarded the City of Wheat Ridge Homeless Navigation Program $25,000 in funds to be used for unrestricted operational support; and WHEREAS, the City Council wishes to accept the 2025 Colorado Gives Foundation funds for the aforementioned homeless navigation purposes, as set forth herein. 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 2025 Colorado Gives Foundation grant funding in the amount of $25,000 for the outlined purposes. 2. A transfer of $25,000 is hereby approved from the General Fund undesignated reserves to account 01-114-650-660 and the 2025 revenues are amended accordingly. DONE AND RESOLVED this 24th day of March 2025 ATTACHMENT 1 ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor 5855 Wadsworth Bypass, Unit A | Arvada, CO 80003 p: 720.898.5900 | ColoradoGivesFoundation.org February 4, 2025 Ms. Marianne Schilling Assistant City Manager City of Wheat Ridge 7500 W 29th Ave Wheat Ridge, CO 80033 Dear Ms. Schilling, Colorado Gives Foundation is pleased to inform you that City of Wheat Ridge has been awarded $25,000.00 to support The Homeless Navigation Program. Enclosed, please find a grant agreement outlining the conditions of accepting this grant. Please review this document carefully, secure the necessary signature(s) and return it to the Foundation within two weeks of receipt. Should you have any questions, please email grants@coloradogivesfoundation.org and reference grant ID# 194498. We are pleased to be able to support your important work and look forward to working with you in the coming year. Sincerely, savinay nathan Vice President of Community Impact sn/kd cc: Kory Kolar, Housing Navigator Docusign Envelope ID: 547999A0-E7C7-445B-BDA6-A4D27AE44F02 2 Grant Agreement Organization: City of Wheat Ridge Grant ID#: 194498 Amount: $25,000.00 Purpose: To support The Homeless Navigation Program. 1. Use of Grant Funds The grant must be used for the intent and purpose described in the grant request and this agreement, including the attached Schedule A. Any funds not used for these purposes, or that remain unspent at the end of the grant period, are to be returned to the Foundation. 2. Payment of Grant Funds The grant funds will be paid in full by the Foundation upon return of the signed grant agreement. The signed grant agreement is due to the Foundation within two weeks of receipt. 3. Reporting The Foundation requires a final report within 30 days from the project end date. The Foundation may also require interim reports during the grant period. Reports should include a description of the progress made towards achieving the performance measures during the grant period as defined in Schedule A, as well as a full accounting on how grant funds were used. Report forms are included with this grant agreement, and are also available upon request. 4. Certification and Maintenance of Exempt Organization Status You agree to maintain your organization’s legal status as being exempt from Federal income taxation as provided under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (the “Code”), or (b) as a governmental entity or political subdivision within Section 170(c) of the Code. You will immediately inform the Foundation of any change in or challenge to your tax-exempt status. 5. Change in Organization’s Key Personnel or Ability to Expend the Grant You agree to inform the Foundation immediately of a) any change to executive or other key personnel of your organization who are responsible for overseeing the grant activities; and Docusign Envelope ID: 547999A0-E7C7-445B-BDA6-A4D27AE44F02 3 b) any other circumstances that may affect the organization’s ability to expend the grant for the intended purpose. 6. Records Your organization agrees to keep and maintain files and records related to this grant, in accordance with generally accepted accounting and business practices, for a period of at least four years after the grant has ended, and to give the Foundation reasonable access to such files and records for auditing and other investigative purposes as the Foundation may deem necessary. 7. Publicity The Foundation encourages publicity of its grants in all of your relevant published and online materials. When referring to this grant, we ask that you include the line: “Made possible by a grant from Colorado Gives Foundation.” Additional communication details can be provided upon request. The Foundation may also include information regarding this grant, such as the amount and purpose of the grant, any photographs provided, your logo or trademark, or other information or materials about your organization and/or project, in the Foundation’s public and internal reports, news releases, on its website and social media pages, and any other communications/marketing vehicles used by the Foundation. 8. Modification If you wish to make significant programmatic or budgetary modifications to the scope of the grant activities described in your proposal, you must first submit a written request to the Foundation. The request must explain in detail the nature and scope of the modification and how it will enable you to meet the overall objectives of the program. All requests must be made in advance of implementing such changes. The Foundation will provide you with written approval if the proposed modifications are accepted. 9. Termination The Foundation may terminate this agreement and reserves the right to withhold, modify or discontinue any further payments of grant funds, or to require you to repay to the Foundation any portion of the grant funds that were not spent for the grant project, if, in the Foundation’s sole discretion, this becomes necessary due to a) your organization not being in full compliance with the grant terms and conditions as stated in the grant request Docusign Envelope ID: 547999A0-E7C7-445B-BDA6-A4D27AE44F02 4 and this agreement; b) to protect the purpose and objectives of the grant and other charitable activities of the Foundation; or c) to comply with any legal or regulatory requirements applicable to your organization, the Foundation, or the grant. 10. Evaluation You will allow the Foundation and its representatives to have reasonable access to files, records, accounts, personnel and clients as necessary for the purpose of financial auditing and program evaluation of activities related to the grant. Accepted and Agreed to: Organization Name: City of Wheat Ridge Signature: _____________________________________ Printed Name: Marianne Schilling Title: Assistant City Manager Date: _____________________________________ Docusign Envelope ID: 547999A0-E7C7-445B-BDA6-A4D27AE44F02 2/4/2025 5 Grant Agreement Schedule A Organization: City of Wheat Ridge Grant ID#: 194498 Amount: $25,000.00 Purpose: To support The Homeless Navigation Program. Grant Timeline Project Start Date: 2/1/2025 Project End Date: 3/31/2026 Interim Report Due Date: 10/31/2025 Final Report Due Date: 4/30/2026 Expected Outcomes/Performance Measures 1. By March 31, 2026, the Homeless Navigation Program will have achieved 30 permanent or transitional housing placements for people experiencing homelessness. 2. By March 31, 2026, the Homeless Navigation Program will have engaged 35 new clients (in addition to the current caseload of 45 clients), providing navigation services to those clients to connect them with community resources and help better their situation, with the ultimate goal of finding a housing solution. 3. By March 31, 2026, the City of Wheat Ridge will report on the number of navigation and resources available to house Jeffco residents in short-term housing or shelters from the previous year. a. What additional or new navigation/resources for short-term housing options is your organization providing as a result of this grant? Docusign Envelope ID: 547999A0-E7C7-445B-BDA6-A4D27AE44F02 ITEM NUMBER: 2 DATE: March 24, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL 06-2025 AN ORDINANCE APPROVING A CITY-INITIATED ZONE CHANGE OF THE LUTHERAN LEGACY CAMPUS FROM PLANNED HOSPITAL DEVELOPMENT (PHD), PLANNED COMMERCIAL DEVELOPMENT (PCD), RESIDENTIAL-TWO (R-2), AND RESIDENTIAL- ONE (R-1) TO THE MIXED USE – LUTHERAN LEGACY CAMPUS (MU-LLC) ZONE DISTRICT ☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The city intends to legislatively rezone the Lutheran Legacy Campus to the newly-created Mixed Use – Lutheran Legacy Campus (MU-LLC) zone district. PRIOR ACTION: On May 13, 2024, City Council passed Resolution 26-2024 in support of initiating a legislative zone change for the Lutheran Legacy Campus. The legislative zone change is based on the Lutheran Legacy Campus Master Plan, adopted by City Council on October 25, 2021, through creation of a new mixed use zone district specifically for the campus. After several study sessions in 2024, the new zone district, called Mixed Use – Lutheran Legacy Campus (MU-LLC) was approved by City Council at a public hearing on January 27, 2025. The next step in the process is to rezone the campus to the new MU-LLC zone district. FINANCIAL IMPACT: The proposed ordinance is not anticipated to have a direct financial impact on the city. As part of future development, building permit revenue will be received by the city. BACKGROUND: The Lutheran Legacy Campus is just under 100 acres in size and currently contains many hospital-related buildings including West Pines Behavioral Health, Collier hospice Council Action Form – Lutheran Rezoning March 24, 2025 Page 2 facility, various medical office buildings, multiple accessory buildings such as the blue house and chapel, and most notably, the original Lutheran Hospital building. Intermountain Health (formerly SCL Health) moved their operations in August 2024 to the new Lutheran hospital building at the Clear Creek Crossing development, approximately three miles west of this site. The site is currently zoned primarily Planned Hospital District (PHD), and permitted uses include only hospitals, hospice care, and accessory uses customarily associated with a medical campus. There are small portions of other zone districts on the campus: one medical office building zoned Planned Commercial Development (PCD), and some lots along Dudley Street zoned Residential-Two (R-2) and Residential-One (R-1) that were platted in the 1940s as part of the hospital development but never developed. The purpose of the legislative zoning is to eliminate the restrictive zoning designations and instead apply one zone district that aligns with the vision in the Master Plan—allowing a mix of land uses (residential, office, civic, retail, and cultural), allowing a mix of housing types, and requiring open space and multimodal facilities. The purpose of proceeding with a city-initiated zone change (instead of waiting for a private zone change request) is to reduce the amount of time that portions of the property sit vacant and to catalyze investment in the site, since the hospital relocated in 2024 and most of the site is now vacant. Section 26-113 of the City Code specifically allows the city to initiate zone changes. There are two types of zone changes allowed by City Code: city-initiated and private. The most common type of zone change in Wheat Ridge is a private rezoning which is initiated by private property owners. These requests are considered “quasi-judicial,” and decision makers are prohibited from discussing the merits of a zone change with each other or the public outside of the public hearing. A zone change proposal that is city-initiated or legislative (these terms can be used interchangeably) is one that is initiated by City Council. This is different than a private rezoning because legislative actions are those which affect the general public and decision makers can engage in public discussion. While not frequent in Wheat Ridge, the city has a history of legislative rezonings including along portions of Wadsworth and W. 38th Avenue. Like those corridors, the Wheat Ridge community has a broad vested interest in the Lutheran Legacy Campus, and this is memorialized in the Master Plan. To achieve the vision of any long-range plan, zoning rules need to be aligned with a plan. This is why legislative zone changes often follow planning efforts, and this is why the Lutheran Legacy Campus is an ideal candidate for such action. Section 26-113 of the Wheat Ridge Code of Laws describes the process and requirements associated with a legislative zone change. Specifically, it describes these key points: Council Action Form – Lutheran Rezoning March 24, 2025 Page 3 • City-initiated rezonings may be made with or without consent from affected property owners. • City-initiated rezonings may be to any zone district. • The process of a city-initiated zone change is formally commenced by adoption of a resolution that describes the general area of the proposed rezoning and the intended purpose and objectives to be achieved by the rezoning. (Completed by passage of Resolution 26-2024) • Similar to a private zone change request, a series of public meetings are required: o Neighborhood meeting (Completed on September 17, 2024) o Planning Commission public hearing (February 20, 2025): recommended for approval by a vote of 6-0. o City Council first reading (March 24, 2025) o City Council public hearing (April 14, 2025) A full analysis of the zone change criteria will be provided with the materials for second reading. RECOMMENDED MOTION: Staff recommends approval of the ordinance. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No testimony is taken on first reading. “I move to approve Council Bill No. 06-2025, an ordinance approving a city-initiated zone change of the Lutheran Legacy Campus from Planned Hospital Development (PHD), Planned Commercial Development (PCD), Residential-Two (R-2, and Residential-One (R- 1) to the Mixed Use – Lutheran Legacy Campus (MU-LLC) zone district, on first reading, order it published, the public hearing set for Monday, April 14, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it take effect immediately.” Or, “I move to postpone indefinitely Council Bill No. 06-2025, an ordinance approving a city-initiated zone change of the Lutheran Legacy Campus…, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY: Scott Cutler, Senior Planner Jana Easley, Planning Manager Lauren Mikulak, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 06-2025 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 06 Ordinance No. 1819 Series of 2025 TITLE: AN ORDINANCE APPROVING A CITY-INITIATED ZONE CHANGE OF THE LUTHERAN LEGACY CAMPUS FROM PLANNED HOSPITAL DEVELOPMENT (PHD), PLANNED COMMERCIAL DEVELOPMENT (PCD), RESIDENTIAL-TWO (R-2), AND RESIDENTIAL-ONE (R-1) TO THE MIXED USE – LUTHERAN LEGACY CAMPUS (MU-LLC) ZONE DISTRICT 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 all ordinances; and WHEREAS, on October 25, 2021, the Council adopted the Lutheran Legacy Campus Master Plan after months of robust public engagement, which describes a vision for the future of the Lutheran Legacy Campus; and WHEREAS, on May 13, 2024, the Council adopted Resolution 26-2024 in support of a legislative zone change for the Lutheran Legacy Campus based on the adopted Master Plan; and WHEREAS, the City of Wheat Ridge staff have engaged in a series of public open houses and meetings for the legislative zone change and Charter amendment throughout the year 2024; and WHEREAS, in November 2024, Wheat Ridge voters approved an amendment to the City Charter modifying permitted building heights within the Lutheran Legacy Campus to support redevelopment; and WHEREAS, on January 27, 2025, the Council adopted Ordinance 1814 which created the Mixed Use – Lutheran Legacy Campus (MU-LLC) zone district; and WHEREAS, the Council finds there is a vested interest to approve a legislative zone change to the new MU-LLC zone district to guide future development of the Lutheran Legacy Campus in accordance with the adopted Master Plan. ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by the City of Wheat Ridge for approval of a zone change ordinance from Planned Hospital Development (PHD), Planned Commercial Development (PCD), Residential-Two (R-2), and Residential-One (R-1) to Mixed Use – Lutheran Legacy Campus (MU-LLC) for the Lutheran Legacy Campus, and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: Those parcels subject to the Lutheran Legacy Campus Master Plan, generally bounded by W. 32nd Avenue, Dudley Street, W. 38th Avenue, and Allison Court owned by the Sisters of Charity of Leavenworth Health, Foothills Medical Building Company LLP, and the City and County of Denver, as shown in Exhibit A. Section 2. Vested Property Rights. Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws and the City of Wheat Ridge. Section 3. Safety Clause. The City of Wheat Ridge hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability, Conflicting 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. Recording. This Ordinance shall be filed for record with the office of the Jefferson County Clerk and Recorder. Section 6. Effective Date. This Ordinance shall take effect 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 24th day of March 2025, ordered published by title in full in on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for April 14, 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 14th day of April 2025. SIGNED by the Mayor on this _____ day of ____________, 2025. ATTEST: Margy Greer, Senior Deputy City Clerk Bud Starker, Mayor Approved as to Form: Gerald E. Dahl, City Attorney First Publication: March 25, 2025 Second Publication: April 15, 2025 Effective Date: April 14, 2025 Published: Jeffco Transcript and www.ci.wheatridge.co.us Exhibit A ITEM NUMBER: 3 DATE: March 24, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: MOTION TO FORMALLY APPROVE AND ADOPT “THE GREEN AT 38th” PARK NAME ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Green at 38th project is scheduled to be completed in the summer of 2025. The Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities, adopted in February of 2009, requires the approval of a 2/3 majority of the City Council to name a new facility. As this project has been commonly known in the community as “The Green at 38th”, staff recommends its formal adoption by City Council. PRIOR ACTION: Per the naming policy, “The Green at 38th” park name was discussed by the Parks and Recreation Commission during their meeting on February 19, 2025. An affirmative vote of 2/3 majority of all members was achieved, thus resulting in the motion coming before City Council for final approval. FINANCIAL IMPACT: There is no financial impact related to this motion. BACKGROUND: The Green at 38th project was launched in 2018 with a stakeholder group consisting of City staff, residents, representatives from Jeffco Public Schools, and business owners. Stakeholder group facilitation was completed by The Architerra Group, the current project architect. The group developed a project vision statement: “Create a flexible and safe gathering space that can be used for community events, concerts, and festivals while also providing a physical buffer and separation from the school space” Council Action Form – Motion to Approve & Adopt “The Green at 38th” Park Name March 24, 2025 Page 2 After a brief pause in 2020 due to the COVID pandemic, engagement continued in 2021. The concept for The Green at 38th was finalized in 2022, and ECI Site Construction Management was selected as the general contractor in 2023. The project broke ground in June of 2024, with Phase I completed in August of 2024. Phase II is scheduled to be completed in the summer of 2025, with a ribbon cutting event scheduled for September 6, 2025. Project engagement included: • Stakeholder groups • An online project page on whatsupwheatridge.com o 1,400 page visits and 1,100 interactive engagements • A public survey o 179 completed with 123 providing open-ended feedback o 97 (79%) of the open-ended comments supported the project with 17 (14%) begin neutral/mixed • Business-specific survey o Door-to-door, 34 responses o 94% project support • Engagement with students at Stevens Elementary o 4th graders, interactive park design activity Throughout the years of engagement with the Wheat Ridge community, this project (located on 38th Avenue between Upham Street and High Court) has always been known as “The Green at 38th.” This action will simply formalize the name, using the process adopted by City Council Resolution in 2009. RECOMMENDATIONS: Staff recommends the approval of “The Green at 38th” name for the park parcel located on 38th Avenue between Upham Street and High Court, adjacent to Stevens Elementary. Alternatively, the City Council can consider other options for the park name, but ultimately, the approval of a 2/3 majority is required. RECOMMENDED MOTION: “I move to formally approve and adopt “The Green at 38th” park name.” Or, “I move to formally approval and adopt “_______________________ “ park name for the following reason(s).” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Council Action Form – Motion to Approve & Adopt “The Green at 38th” Park Name March 24, 2025 Page 3 Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 13-2009, the Policy and Procedure for Naming Parks and Recreation Department Parks and Facilities ATTACHMENT 1 ITEM NUMBER: 4 DATE: March 24, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 16-2025 TITLE: A RESOLUTION IN SUPPORT OF HOUSE BILL 25-1272, CONSTRUCTION DEFECTS AND MIDDLE MARKET HOUSING ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Wheat Ridge Legislative Committee recommends that City Council adopt a resolution in support of House Bill 25-1272, Construction Defects and Middle Market Housing. PRIOR ACTION: None. FINANCIAL IMPACT: None. BACKGROUND: In 2025, the Wheat Ridge City Council launched a Legislative Advocacy Program. This initiative includes the adoption of the 2025 Legislative Agenda (Attachment 1), the formation of a City Council Legislative Committee to review legislation affecting the City and recommend advocacy position resolutions, a process for the City Council to consider adopting those resolutions, and a plan for City Staff and the Legislative Committee to begin lobbying in alignment with the adopted positions. After reviewing multiple bills, the Legislative Committee recommends that the City Council consider adopting an advocacy position resolution in support of HB25-1272: Construction Defects & Middle Market Housing. The Committee is pleased to support HB25-1272, which aligns with the City’s broader affordable housing strategy by addressing key barriers to middle-market housing Council Action Form – A Resolution in Support of HB25-1272 March 24, 2025 Page 2 development in Colorado. Under current law, a litigious environment discourages condominium construction, limiting the availability of attainable homeownership options. This bill introduces the following requirements and protections for construction professionals in defect claims: • Requiring a third-party licensed professional's affidavit to accompany construction defect claims against architects or engineers, ensuring that such claims are substantiated and reducing frivolous lawsuits. • Establishing a rebuttable presumption that a property without identified defects at the time of receiving a certificate of occupancy complies with applicable construction standards, thereby providing clarity and assurance to builders and homeowners alike. • Mandating that claimants take reasonable steps to mitigate alleged construction defects, promoting timely and cost-effective resolutions. • Updating the statute of limitations for construction defect claims to 10 years, or 6 years if the construction professional provided a qualifying warranty, thereby balancing the rights of homeowners and builders. • Increasing the required approval percentage from a majority to 65% for unit owners' associations to initiate construction defect claims, ensuring broader consensus among homeowners before proceeding with litigation. By creating a more balanced legal environment, HB25-1272 supports the City's efforts to encourage a wider range of housing options, making homeownership more attainable for middle-income residents and advancing the City's commitment to increasing housing affordability. RECOMMENDATIONS: Staff recommends approving Resolution 16-2025, a Resolution in Support of HB25- 1272, Construction Defects and Middle Market Housing. RECOMMENDED MOTION: “I move to approve Resolution 16-2025, a Resolution in Support of HB25-1272, Construction Defects and Middle Market Housing.” Or, “I move to postpone indefinitely Resolution 16-2025, a Resolution in Support of HB25- 1272, Construction Defects and Middle Market Housing for the following reason(s).” Council Action Form – A Resolution in Support of HB25-1272 March 24, 2025 Page 3 REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 16-2025 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 SERIES OF 2025 TITLE: A RESOLUTION IN SUPPORT OF HB25-1272, CONSTRUCTION DEFECTS AND MIDDLE MARKET HOUSING WHEREAS, the City of Wheat Ridge recognizes the critical need for diverse and affordable housing options to support a thriving community and ensure that residents of varying income levels have equitable access to quality housing as outlined in the City’s Affordable Housing Strategy and Action Plan; and WHEREAS, construction defects litigation has historically contributed to increased costs and reduced availability of middle market housing, thereby limiting housing choices and restricting equitable opportunities for housing stability and economic advancement through homeownership for many people who currently live or would like to live in Wheat Ridge; and WHEREAS, House Bill 25-1272 proposes reasonable reforms to the construction defects litigation process, including: • Requiring a third-party licensed professional's affidavit to accompany construction defect claims against architects or engineers, ensuring that such claims are substantiated and reducing frivolous lawsuits; • Establishing a rebuttable presumption that a property without identified defects at the time of receiving a certificate of occupancy complies with applicable construction standards, thereby providing clarity and assurance to builders and homeowners alike; • Mandating that claimants take reasonable steps to mitigate alleged construction defects, promoting timely and cost-effective resolutions; • Updating the statute of limitations for construction defect claims to 10 years, or 6 years if the construction professional provided a qualifying warranty, thereby balancing the rights of homeowners and builders; • Increasing the required approval percentage from a majority to 65% for unit owners' associations to initiate construction defect claims, ensuring broader consensus among homeowners before proceeding with litigation; and ATTACHMENT 1 WHEREAS, these reforms aim to reduce unnecessary litigation, lower construction costs, and encourage the development of middle market housing, thereby expanding housing availability and affordability in Wheat Ridge and across Colorado; and WHEREAS, the City Council of the City of Wheat Ridge has prioritized addressing housing affordability and is committed to taking meaningful action to implement the City’s Affordable Housing Strategy and Action Plan; and WHEREAS, the City of Wheat Ridge supports legislative efforts that promote efficient and fair processes in the construction industry, ultimately benefiting our residents and contributing to the economic vitality of our community. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City of Wheat Ridge formally supports House Bill 25-1272 and urges the Colorado General Assembly to pass this legislation. The City believes these reforms will help reduce unnecessary litigation, lower construction costs, and encourage the development of middle market housing, increasing affordability and availability for residents. Furthermore, the City directs its staff to advocate for the bill’s passage and engage with stakeholders to promote policies that support responsible and sustainable housing development in Wheat Ridge and beyond. DONE AND RESOLVED this 24th day of March 2025 [SEAL] ATTEST: _________________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________________ Bud Starker, Mayor ITEM NUMBER: 5 DATE: March 24, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 17-2025 TITLE: A RESOLUTION IN OPPOSITION OF SENATE BILL 25-001, COLORADO VOTING RIGHTS ACT ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Legislative Committee recommends that the City Council adopt a resolution in opposition of Senate Bill 25-001, Colorado Voting Rights Act. PRIOR ACTION: None. FINANCIAL IMPACT: None. BACKGROUND: In 2025, the Wheat Ridge City Council launched a Legislative Advocacy Program. This initiative includes the adoption of the 2025 Legislative Agenda, the formation of a City Council Legislative Committee, to review legislation affecting the City and recommend advocacy position resolutions, a process for the City Council to consider adopting those resolutions, and a plan for City Staff and the Legislative Committee to begin lobbying in alignment with the adopted positions. After reviewing multiple bills, the Legislative Committee recommends that the City Council consider adopting an advocacy position resolution in opposition of SB25-001 Colorado Voting Rights Act. The Legislative Committee firmly supports the voting rights of all Coloradans and takes pride in Jefferson County’s reputation as a national model for fair and well-run local elections. However, the Committee is concerned that SB25-001 infringes on Council Action Form – A Resolution in Opposition of SB25-001 Colorado Voting Rights Act March 24, 2025 Page 2 municipalities’ constitutional authority to govern their own elections. Echoing the concerns of the Colorado Municipal League (Attachment 2), the Committee warns that the bill could introduce partisan influences into traditionally nonpartisan elections, create costly litigation risks, and impose unfunded mandates on local governments. RECOMMENDATIONS: Staff recommends approving Resolution 17-2025, a Resolution in Opposition of SB25- 001. RECOMMENDED MOTION: “I move to approve Resolution 17-2025, a Resolution in Opposition of SB25-001.” Or, “I move to postpone indefinitely Resolution 17-2025, a Resolution in Opposition of SB25-001 for the following reason(s).” REPORT PREPARED/REVIEWED BY: Cole Haselip, Management Analyst Marianne Schilling, Assistant City Manager Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 17-2025 2. SB25-001 CML Position Paper CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 17 SERIES OF 2025 TITLE: A RESOLUTION IN OPPOSITION OF SENATE BILL 25-001, COLORADO VOTING RIGHTS ACT WHEREAS, the City of Wheat Ridge strongly believes in the fundamental right of every eligible citizen to participate in free and fair elections as a cornerstone of democracy; and WHEREAS, the City of Wheat Ridge typically coordinates elections with Jefferson County, which serves as a model for election accessibility, transparency, and security, ensuring that all eligible voters can participate easily and with confidence in the electoral process; and WHEREAS, there are already several federal civil rights laws that provide protection against discrimination, including the Voting Rights Act of 1965, which specifically prohibits discrimination based on race, color, or membership in a minority language group; and WHEREAS, the State of Colorado’s Constitution Article XX, Section 6 explicitly grants municipalities the authority to regulate “all matters pertaining to municipal elections”, affirming local control over election administration; and WHEREAS, the Colorado Supreme Court has consistently upheld that municipal elections are a matter of solely local concern, rejecting claims that they fall under state or mixed state and local jurisdiction; and WHEREAS, SB25-001 seeks to impose strict regulations on how municipalities administer their elections by increasing municipal liability and significantly limiting a municipality’s ability to defend or adjust its election policies and practices; and WHEREAS, SB25-001 requires all municipal elections to align with partisan state and federal election calendars, thereby eroding the nonpartisan character of local elections and potentially delaying recall petitions and undermining timely accountability in local governance; and WHEREAS, SB25-001 imposes several unfunded mandates related to polling locations, data reporting, and language access requirements that go far beyond the provisions of the Voting Rights Act of 1965; and ATTACHMENT 1 WHEREAS, SB25-001 jeopardizes the established mechanisms of transparency and accountability that ensure Wheat Ridge citizens’ confidence in the right to vote and participate in free and fair elections. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: Section 1. The City of Wheat Ridge opposes SB25-001, as it undermines local control over municipal elections, imposes unfunded mandates, encourages wasteful and unnecessary legal challenges, and disrupts the longstanding nonpartisan nature of local elections. Furthermore, the City believes that SB25-001 is unconstitutional, as it infringes upon the rights of municipalities guaranteed by the Colorado Constitution. The City hereby urges the Colorado State Legislature to vote against SB25-001 and directs its staff to actively lobby against its passage. DONE AND RESOLVED this 24th day of March 2025 [SEAL] ATTEST: _________________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________________ Bud Starker, Mayor SB25-001 AMEND AMENDMENT respectfully requested Colorado’s towns and cities believe that free, fair, and accessible elections are vital to democracy, ensuring all eligible voters can participate without barriers. While municipalities support the bill’s intent, they have concerns about certain provisions that could hinder its successful implementation. OUR REQUEST OF THE LEGISLATURE Colorado’s constitution does not support the bill’s application to municipal elections. We request an amendment to exclude municipalities from the bill and apply the provisions to the state and coordinated elections only. Please preserve local government’s ability to maintain control over their elections, avoid unnecessary litigation risks, and prevent undue financial burdens. BACKGROUND Among other provisions, SB25-001 creates the Colorado Voting Rights Act. The bill allows an individual or organization to file suit against a municipality alleging voter suppression, voter dilution, or an unlawful voting prerequisite based on gender identity, gender expression, or sexual orientation, and empowers the Attorney General’s office to investigate potential violations, file suit to enforce the act, or intervene in an individual or organization’s suit. CONCERNS WITH SB25-001 1.Conflict with Colorado Constitution Colorado’s unique legal structure does not allow for state regulation of municipal elections. Article XX, Section 6 of the Colorado Constitution, explicitly grants municipalities control and power to regulate all matters pertaining to municipal elections in a city or town. The Colorado Supreme Court has expressly rejected that local elections are a matter of state or even mixed state and local concern. Extending state authority over the structure and elections of home rule municipalities, whether via oversight of state or private lawsuits, conflicts directly with the express text of the Colorado Constitution and well-established case law. The following relevant cases further establish sole local authority over municipal elections. •People ex rel. Tate v. Prevost, 134 P. 129, 134 (Colo. 1913) •Kingsley v. City & County of Denver, 247 P.2d 805, 808 (Colo. 1952) •May v. Town of Mt. Village, 969 P.2d 790, 794 (Colo. App. 1998) •In re City of Colorado Springs, 277 P.3d 937, 941 (Colo. App. 2012) 2.The bill is not applied statewide The bill does not include state elections, school districts or special districts elections. It is unclear why the bill excludes state elections, choosing instead to only focus on some local elections. Colorado’s municipalities have a proven track record of ensuring that elections are fair and equitable and that all voters have access to the political process. If the bill were addressed to state or coordinated elections or the structure of state offices, our concerns would be limited. ATTACHMENT 2 WE RESPECTFULLY REQUEST LEGISLATORS AMEND SB25-001 TO EXCLUDE MUNICIPALITIES FROM THE BILL AND APPLY THE PROVISIONS TO THE STATE AND COORDINATED ELECTIONS ONLY. 3. Preservation of nonpartisan elections Colorado’s municipal elections have a long tradition of avoiding partisan elections. We are concerned that the bill’s mandates try to make municipal elections align with partisan state and federal election calendars will erode the nonpartisan character of our elections and increase the potential for partisan influences in municipal elections. 4. Lack of evidence supporting need The unsupported suggestion that municipal elections are rife with discrimination or voter suppression damages the integrity of and public trust in local elections. • Through the use of mail ballots, Colorado’s municipal elections offer direct access to all eligible voters. • The bill presumes the existence of voter suppression or systemic barriers, yet there is no demonstrated evidence of these issues in Colorado’s existing municipal elections. We have identified only one lawsuit brought against a Colorado municipality under the Federal Voting Rights Act and it was unsuccessful. • It is unclear how or why current laws defining election offenses, ensuring equal protection, and otherwise protecting the franchise are insufficient. 5. Litigation risks and costs • The use of ambiguous language and standards promises an expensive litigation that requires a substantial reliance on experts and will cost taxpayers substantial amounts if municipalities ever needed to defend a claim. • The proposed resolution process, with its 90-day resolution requirement, fails to account for the need for charter elections in many cases. • Some of the provisions appear to suggest that a violation may exist simply from following current state law. State law provides that towns elect trustees at large, yet the bill suggests that such elections could be the basis for a claim. • Municipalities have statutory options for filling vacancies, including appointments, vacancy elections, or taking no action, yet the bill seems to suggest that using those options is wrong. • The bill’s standards and processes are inequitable. Litigants do not equally share in the risk of paying attorney’s fees and costs to a prevailing party. 6. Unfunded Mandates and State Overreach The bill imposes detailed reporting requirements and expands the Secretary of State’s investigative powers without providing necessary funding or resources to municipalities.