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HomeMy WebLinkAbout04-14-2025 - City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, April 14, 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: 1. Attend the meeting in person at City Hall. Use the appropriate roster to sign up to speak upon arrival. 2. Provide comment in advance at www.wheatridgespeaks.org (comment by noon on April 14, 2025) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on April 14, 2025) 4. View the meeting live or later at www.wheatridgespeaks.org, Channel 8, or YouTube Live at https://www.ci.wheatridge.co.us/view Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. The City will upon request, provide auxiliary aids and services leading to effective communication for people with disabilities, including qualified sign language interpreters, assistive listening devices, documents in Braille, and other ways of making communications accessible to people who have speech, hearing, or vision impairments. To request auxiliary aid, service for effective communication, or document in a different format, please use this form or contact ADA Coordinator, (Kelly McLaughlin at ada@ci.wheatridge.co.us or 303-235-2885) as soon as possible, preferably 7 days before the activity or event. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES Study Session Notes, March 17, 2025 City Council Meeting Minutes, March 24, 2025 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES 1. Proclamation – Animal Care and Control Officer Appreciation Week 2. Proclamation – National Crime Victims’ Rights Week 3. Proclamation – Earth Day and National Arbor Day 4. Proclamation – Leave No Trace Awareness Day PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the Mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the Mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution No. 22-2025 – a resolution amending the 2025 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $11,269 for the purpose of accepting a grant from the Edward Byrne Memorial Justice Assistance Grant program b. Resolution No. 18-2025 – a resolution amending the 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,211,000 for the purpose of funding the Panorama Park Tennis Courts project awarded to Colorado Designscapes, Inc. c. Resolution No. 19-2025 – a resolution amending the 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $898,911.56 for the purpose of funding the Tabor Lake Trail project awarded to JOC Contracting, LLC. PUBLIC HEARINGS AND ORDINANCES ON SECOND 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 ORDINANCES ON FIRST READING None DECISIONS, RESOLUTIONS, AND MOTIONS 3. Resolution No. 20-2025 – a resolution of the City of Wheat Ridge, Colorado approving a Memorandum of Understanding concerning the Jefferson County Community Crisis Response Pilot program 4. Resolution No. 21-2025 – a resolution of support of an application to the Jefferson County Open Space Land Conservation Partnership program CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS ADJOURN TO EXECUTIVE SESSION For a conference with the City Manager, City Attorney, and appropriate staff under Charter Section 5.7(1) and CRS 24-6-402(4)(b), for legal advice on specific legal questions: a contract dispute between the City and Concrete Works Colorado involving the Wadsworth widening project. STUDY SESSION NOTES CITY OF WHEAT RIDGE, COLORADO Hybrid - Virtual Meeting March 17, 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 6:30 p.m. 2. Attendance Council Members present: Jenny Snell, Rachel Hultin, Janeece Hoppe, Korey Stites, Leah Dozeman, Dan Larson, Scott Ohm, and Amanda Weaver (remote). Absent: None. Also present: City Manager Patrick Goff, Assistant City Manager Marianne Schilling, Community Development Director Lauren Mikulak, Management Analyst Cole Haselip, City Attorney Gerald Dahl, and Senior Deputy City Clerk Margy Greer, 3. Public’s Right to Speak Wheat Ridge Speaks Kelly Blynn – Resident - I wanted to submit these comments to support the direction staff has suggested with respect to the land use and housing laws adopted by the state legislature in 2024. Wheat Ridge has already demonstrated significant leadership in the direction of these laws, and as staff note, has already complied or need only make modest changes to do so. Wheat Ridge has already enabled homeowners to build ADUs, has lowered parking requirements for affordable housing, has taken steps to remove occupancy limits based on family status, and has enabled more density around our transit corridors and stations. Taking these steps helps Wheat Ridge achieve its goals of becoming a more walkable, bikeable, sustainable, and affordable city. To comply with these laws will take minimal changes that simply move Wheat Ridge further in the direction it is already going and will help the city implement planning best practices. Additionally, it will help ensure the city is first in line for grants and incentive programs established in the laws for jurisdictions in compliance, such as the program that can support permitting fees and other costs for ADUs, financing programs for ADUs from CHFA, an infrastructure grant program for transit-oriented communities, and tax credits for affordable housing in transit-oriented communities. Additionally, the state has signaled it will continue to prioritize jurisdictions working to support infill and transit- oriented housing through Executive Order D 2023 014. At a time when federal funding is far from guaranteed, and when Wheat Ridge is already leading in this direction, it feels like a no-brainer to take these steps. Finally, the housing crisis we find ourselves in is regional and statewide. While Wheat Ridge is showing great leadership on this issue, ultimately, we can’t solve it on our own. By continuing to be a leader, we can help ensure that others follow and create a greater impact. Thank you for the opportunity to comment, and for doing what you do! 4. 2025 Legislative Forum Mayor Starker thanked Senator Jessie Danielson, Representative Monica Duran, and CML’s Municipal Advocate Heather Stauffer for joining the Wheat Ridge City Council to discuss the upcoming 2025 Legislative Agenda. Representative Duran spoke to some of the upcoming Bills which may affect Colorado and the local agencies this year. She stated that any Bill containing a fiscal note is being sent back for review, as the budget constraints this year will cause many Bills not to get passed this year. What is happening at federal level is impacting the state and local government as well. She stated she is working hard to find ways to work within the framework of no fiscal notes and is trying to ensure that those costs are not being passed along to the local municipalities. Senator Danielson stated she has been working hard on Senate Bill 25-005 concerning the removal of a second election required for union contracts; a bill regarding child sexual abuse accountability; and convincing others to recognize Title IV orders. Management Analyst Cole Haeslip introduced Wheat Ridge’s new Legislative Committee, their Legislative Agenda, and spoke to the 2025 priorities of Wheat Ridge. Legislative Committee. Legislative Committee Chair Hultin spoke to how this year, Wheat Ridge has formalized their Legislative Agenda which speaks to the priorities of City Council and the residents. She stated that they will also review Bills which may have an impact on Wheat Ridge, and in some cases, where they feel very strongly about a Bill, will ask the whole of Council to adopt a resolution of support or opposition. Beginning with SB25-001- Colorado Voting Rights Act, she stated that the Committee is taking a strong voice in opposition to the Bill due to it taking away rights of municipalities to run their elections as they see necessary. Representative Duran stated that there is no backup for any wrongdoings by municipalities in the state regarding the running of their elections. Duran stated she hopes it gets amended. Chair Hultin also stated that HB25-1272-Constructoin Defects an& Middle Market Housing is a Bill they wholly support. Although it is not a 100% cure for the problem, it is a good Bill working to solve the problem. Duran and Danielson both stated that it is vitally important that they hear from the local governments regarding proposed legislation. Duran stated that Council should be proud of the work and their Legislative Agenda. Heather Stauffer, CML’s municipal advocate, spoke to many of the Bills being introduced this year in session. She stated that the economic forecast in Colorado is not looking good, as the State is needing to cut $1 billion from their budget. She stated CML is trying hard to make sure that cost doesn’t get pushed down to local governments. She reviewed some of the Bills CML is weighing in on such as HB1056 regarding AT&T wanting preferential treatment for cell phone tower permitting and HB1176 regarding Failures to Appear in Court. Mayor Starker asked her to keep track of HB1039 regarding muffler requirements and electric fence permits for commercial businesses. Mayor Starker thanked Duran, Danielson, and Stauffer for their time. 5. State Land use Legislation- Impacts to Wheat Ridge Economic Development Director Lauren Mikulak stated that in 2004 the State of Colorado legislature passed several bills that have direct impacts to Wheat Ridge, and she turned the meeting over to Senior Planner Scott Cutler. Scott Cutler stated that while the State had five bills with direct impact to Community Development, they would ask Council for direction on three of them, beginning with HB24-1007 (Prohibit Residential Occupancy Limits). After a question-and-answer period amongst Council and staff, Council unanimously consented to the recommended code changes as follows: • Update the definition of “family” in Section 26-123 to simplify and to remove the numerical limit on unrelated individuals. • Update the definition of “congregate care home” in Section 26-123 to remove the numerical limit on unrelated individuals and residential density. • Update Section 26-638 (Occupancy limits) to remove the numerical limit and instead reference health and safety standards, greatly simplifying this section. These updates will ensure the zoning code matches the approved Charter amendment and ensure that no one will be cited for occupancy violations. HB24-1304 (Minimum Parking Requirements): After a question-and-answer period between Council and staff, Council unanimously consented to the recommended code changes as follows: • Update all applicable parking sections in the code to remove minimum parking requirements for multi-unit residential (i.e., apartments and condominiums). • Refine definition of townhomes/single unit attached to ensure they are a separate category from multi-unit residential, so that parking requirements can be retained for townhomes. • Update use charts and zoning requirements charts to use consistent terminology when referencing townhomes (single unit attached) vs. multi-unit. Staff asked Council the following questions: 1. Because the applicable Transit Service Areas cover a large portion of Wheat Ridge (see Map 1 attached). Map 2 shows the city’s zoning, were multi-unit residential (e.g. R-3, MU-N, and MU-C) is already concentrated around transit corridors. In fact, nearly all areas eligible for multi-unit residential fall within the Transit Service Areas. Given this overlap, staff believe it would be simpler to exempt all multi-unit residential from the requirements rather than applying separate rules for areas inside and outside the Transit Service Areas. Does Council agrees with this recommendation? 2. Currently, EV parking is based on the overall number of required parking spaces. Since parking is not required to be provided for multi-unit residential, staff’s recommendation is to base the number of required EV spaces on the number of provided spaces. That way a similar proportion of EV spaces are included and the intent of the EV legislation is met so that EV spaces are still provided. If this recommendation is not taken, no EV parking will need to be provided which would violate the intent of the applicable EV legislation. Does Council agree with this recommendation? There was consent from Council on both questions agreeing with staff recommendations. HB24-1152(Accessory Dwelling Units) Staff asked for Council’s input on the 3rd Scenario as follows. The first two scenarios are required by state law and are currently in the city’s code.: Scenario 1: For a new single-unit home being constructed concurrently with a new ADU, cities cannot require owner occupancy. • Scenario 2: For an ADU being used as a short-term rental, cities can enforce owner occupancy. • Scenario 3: For a new ADU being constructed/converted on a lot with an existing primary dwelling that is currently occupied, cities may require evidence of owner occupancy only at time of application for the ADU. The bill prevents a city from enforcing owner occupancy after the permit is issued and deed restrictions are not allowed. This category would also apply to existing nonconforming ADUs. Cutler stated that owner-occupancy requirements was a focus of Council in prior discussions regarding the ADU ordinance. ADUs have not proliferated widely with owner-occupancy requirements. Staff believes that even if the owner-occupancy requirement was removed, that they still would not proliferate widely due to costs. It’s expensive to build an ADU. It’s been hard to track down property owners with the deed requirements. It’s hard to track owner-occupancy especially when the house/ADU is sold. Staff recommends retaining owner occupancy requirements only for STRs in ADUs. Although the state allows the city to ask for proof of owner occupancy at time of permit for a new ADU on a lot with an existing house, it likely does not achieve the city’s original policy intent and may not be necessary. Cutler went on to say the Bill does require ADUs to e allows in all existing/approved Planned Developments where single-unit dwellings are allowed: in effect, this treats PDs the same as standard zoning districts. Scott Cutler stated that to comply with HB24-1152, the recommended code changes as follows would be necessary: • Update Section 26-646 (ADUs) and applicable zone district development standards to comply with ADU size restriction requirements • Update Section 26-646 to update owner occupancy requirements, continuing to require owner occupancy for STRs in ADUs, but modifying requirements for other ADU use case types • Update Section 267-646and Article II (Planned Developments) to modify requirements of ADUs in existing PDs. After Council discussion, there was consensus from Council to agree with the three staff recommendations regarding the code changes as presented. In regard to Scenario No. 3, Council reached consensus on removing the owner occupancy requirements altogether since they cannot be enforced after permit issuance. Council also reached consensus on staff moving forward with Wheat Ridge becoming an ADU Supportive Jurisdiction adopting the requirements of the bill and implementing at least one strategy, as written in the bill, by June 30, 2025. Council Member Hultin said she would be comfortable with removing Item H. from the list and having staff spend time on the other items on the list. 6. Staff Report(s) No report. 7. Elected Officials’ Report(s) At Council Member Weaver’s request there was consensus from Council to bring the discussion of drones to a study session. 8. Adjournment With no further business to come before Council, Mayor Starker adjourned the meeting at 9:17 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  MARCH 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. 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, and Dan Larson. Absent: Leah Dozeman A quorum was established. Also present: City Manager Patrick Goff; Public Work, City Attorney Gerald Dahl, Assistant City Manager Marianne Schilling, Director of Parks and Recreation Karen O’Donnell, Management Analyst Cole Haeslip, and Sr. Deputy City Clerk Margy Greer 4. Approval of Minutes City Council Meeting Minutes, February 10, 2025 City Council Special Study Session Notes, February 10, 2025 City Council Meeting Minutes, February 24, 2025 City Council Special Study Session Notes, February 24, 2025 City Council Study Session Notes, March 03, 2025 Approved with typographical errors corrected by Council Member Larson which were emailed before the meeting. 5. Approval of Agenda Without objection or correction, the agenda stood as presented. 6. Proclamations A. Mayor Starker proclaimed April 2025 as Child Abuse Prevention Month in the City of Wheat Ridge and presented the Proclamation to Jennifer Kemps, The Ralston House Development Officer. B. Mayor Starker proclaimed April 2025 Sexual Assault Awareness Month and April 23, 2025, Colorado Denim Day in the City of Wheat Ridge and presented the Proclamation to Candace Cooledge, Executive Director of Porchlight Family Justice Center. 7. Public’s Right to Speak In Person Jan Facenelli – Resident – spoke to the decibel levels of the noise being produced by the dryer fans at the car wash at 44th Avenue and Gray Street. She thanked staff for looking into the issue and hopes there is a resolution coming soon. Julia Reese – Resident – spoke to the density and zoning changes which she stated are ruining the character of the houses and neighborhoods in Wheat Ridge. She asked who benefits from the density changes. She asked Council if they have taken any financial or other kind of benefit from the people who will be doing the development at the Lutheran site and benefitted by Council changing the zoning. Again, she asked who has benefitted and how does the community benefit from the change of zoning. City Manager Patrick Goff stated that the zoning issue is a 1st Reading Ordinance tonight and there will be no testimony or presentation on the item. In answer to Reese’s question, Goff stated that there has been absolutely no campaign donations or personal gain. Mayor Starker stated there was absolutely none. Gretchen Josten – Resident – spoke to the decibel levels of the noise being produced by the dryer fans at the car wash at 44th Avenue and Gray Street. She stated the owner said the City gave them an exemption. She stated it was a 24 hour/7 day per week operation. Liz Veeder – Resident - stated her concerns about the proposed mixed-use zone change at Lutheran Legacy Campus. She stated her concerns about the increase in rental properties. Carol Mathews – Resident – spoke to her concerns about changing R1 and R2 zoning to Multi-Use zoning. She spoke to how other areas of the city were not protected by zoning which was promised when the land was developed. Walt Kordziel – Resident – stated Council nor Planning Commission had one negative vote or diversity of thought regarding zoning issues. He stated there is a home near him where 12 people reside which causes parking issues and traffic in and out of the residence and they get no cooperation from the management of the home. He asked to keep Wheat Ridge the way it used to be. Sandra Sands – Resident – asked Council to investigate the decibel levels of the noise produced by the car wash on 44th Avenue and Gray Street. She stated the blowers are working 24/7. She asked if there was some type of sound barrier that could be installed on the site to help mitigate the noise. Austin Caldwell – Resident – asked for City Council’s help in mitigating the noise issues caused by the car wash on 44th Avenue and Gray Street. He stated the noise is 24 hours a day. He said the former car wash at that location did not have the noise problems they have today. Dee Conner – Resident – spoke to his concerns and his neighbors’ concerns regarding the noise caused by the car wash on 44th Avenue and Gray Street. He stated his home is his refuse and he looks forward to having quiet. 8. CONSENT AGENDA Council Member Hoppe read the Consent Agenda into the Record. The Consent Agenda consists of Agenda Items 8a through 8f, inclusive. 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 Council Member Hoppe made a motion to adopt the Consent Agenda as read into the Record. It was seconded Council Member Ohm. Vote: 7 Ayes. 0 Nays. The motion carried. 9. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING None. ORDINANCES ON FIRST READING 10. 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 Council Member Weaver made a motion 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. It was seconded by Mayor Pro Tem Stites. Vote: 7 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 11. Motion to formally approve and adopt “The Green at 38th” park name Council Member Larson asked about the public outreach and the City’s policy regarding the naming of parks. Director of Parks and Recreation Karen O’Donnell stated that their public outreach throughout the lengthy process of developing the program for the park. Council member Ohm made a motion to formally approve and adopt “The Green at 38th” park name. It was seconded by Council Member Hoppe. Vote: 7 Ayes. 0 Nays. The motion carried. 12. Resolution No. 16-2025 – a resolution in support of House Bill 25-1272, Construction Defects and Middle Market Housing Council Member Hultin briefly spoke about Council’s new Legislative Committee, the Legislative Agenda, and how this House Bill supports the City’s goal of providing affordable housing in the community. Council Member Hultin made a motion to adopt Resolution No. 16-2025 – a resolution in support of House Bill 25-1272, Construction Defects and Middle Market Housing. It was seconded by Council Member Weaver. Vote: 7 ayes. 0 Nays. The motion carried. 13. Resolution No. 17-2025 – a resolution in opposition of Senate Bill 25-001, Colorado Voting Rights Act Council Member Hultin introduced the Resolution stating the Legislative Committee’s opposition to the Bill. She stated that CML is introducing some Amendments to the Bill and the Legislative Committee will continue to monitor. Mike Okada – Resident – thanked for Council for making this issue clear and stated he supported the resolution. Council Comment Council Member Larson spoke in opposition of the Senate Bill, stating that it would take away local control of elections, targets municipalities, and creates unfunded mandates. Council Member Larson made a motion to adopt Resolution No. 17-2025, a resolution in opposite of Senate Bill 25-001, Colorado Voting Rights Act. It was seconded by Council Member Hultin. Vote: 7 Ayes. 0 Nays. The motion carried. 14. City Manager’s Matters City Manager Patrick Goff asked Chief Murtha to speak about the issue regarding the noise from the car wash. Chief Murtha spoke in detail about the Police Department working very closely with the car wash owner to mitigate the sound issues and they will continue to work with them until a resolution is met. Council Member Hultin stated that car washes seem like an industrial use and maybe there should be a change in the zoning allowances. Goff stated that Hacienda Restaurant has closed. 15. City Attorney’s Matters None. 16. Elected Official’s Matters Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 17. Adjournment There being no further business to come before City Council, Mayor Starker adjourned the meeting at 7:54 pm. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem PROCLAMATION ANIMAL CARE AND CONTROL OFFICER APPRECIATION WEEK APRIL 13-19, 2025 WHEREAS, Animal Care and Control personnel provide essential community functions by enforcing Animal Control laws, protecting the public from diseases such as rabies, and educating the public on the proper care of community pets; and WHEREAS, Animal Care and Control personnel risk life and limb by going out into the public to protect the welfare of helpless animals and pets that are rescued from injury, disease, abuse, and starvation; and WHEREAS, Animal Care and Control officers conduct humane investigations and protect animals from abusers and people from dangerous animals; and WHEREAS, Animal Care and Control officers are the voice of justice for the voiceless victims they often defend in a court of law; and WHEREAS, the City of Wheat Ridge is hereby dedicated to showing our appreciation to the Animal Care and Control officers who endorse the bond between animals and humans advocating for responsible ownership by setting standards of professionalism in public safety and animal welfare. NOW, THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council do hereby declare the week of April 13-19, 2025, as ANIMAL CARE AND CONTROL OFFICER APPRECIATION WEEK And reaffirm the City’s commitment to supporting the men and women tasked with enforcing regulations, bylaws, and ordinances regarding animal control. IN WITNESS THEREOF, on this 14th day of April 2025. ____________________________ Starker, Mayor ____________________________ Margy Greer, Sr. Deputy City Clerk PROCLAMATION NATIONAL CRIME VICTIMS' RIGHTS WEEK APRIL 6-12, 2025 WHEREAS, the victims' rights movement has resulted in the passage of laws at the local, state, and federal levels that established essential rights for victims; and WHEREAS, the rights of crime victims are best protected when all participants in the criminal justice process, not only victims, are appropriately educated about victims' rights; and WHEREAS, supporting victims of crime is crucial to the U.S. justice system because our support honors the experiences of victims and allows them to find autonomy and empowerment through achieving self-defined goals; and WHEREAS, the accomplishments of the victims' rights movement, achieved through compassion and collaboration, and built on the courageous advocacy of individual victims and their families across the country, inspire in us hope for future progress and greater healing; and WHEREAS, the City of Wheat Ridge is hereby dedicated to strengthening victims and survivors in the aftermath of crime, building resilience in our communities and our victim service providers, and bringing hope and healing to all victims and survivors. NOW, THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council do hereby declare the week of April 6-12, 2025, as NATIONAL CRIME VICTIMS’ RIGHTS WEEK And reaffirm the City’s commitment to creating a victim service and criminal justice response that assists all victims of crime, and to express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice, and peace. IN WITNESS THEREOF, on this 14th day of April 2025. ____________________________ Bud Starker, Mayor ____________________________ Margy Greer, Sr. Deputy City Clerk PROCLAMATION EARTH DAY – APRIL 22, 2025 NATIONAL ARBOR DAY – APRIL 25, 2025 WHEREAS, all people, regardless of race, gender, income, or geography, have a right to a healthy, sustainable environment with economic growth and opportunity; and WHEREAS, we are all caretakers of our planet and have an obligation to combat climate change and environmental degradation to preserve the Earth's beauty and resources; and WHEREAS, this year marks the 55th anniversary of the Earth Day movement and let it be known that the City of Wheat Ridge encourages all businesses, institutions, and individuals to celebrate the Earth and commit to caring for the planet and its resources; and WHEREAS, trees provided one of the first business opportunities in Wheat Ridge in the 1860's; and WHEREAS, trees continue to be an important part of the quality of life to community members and visitors, enhancing property values and community spirit; and WHEREAS, residents, businesses, green industry, elected officials and staff continue to work together to maintain and provide a healthy tree canopy throughout the City of Wheat Ridge as part of a comprehensive community forest program; and WHEREAS, the City of Wheat Ridge has been awarded “Tree City U.S.A.” by the National Arbor Day Foundation for 45 years. NOW THEREFORE, BE IT RESOLVED, I, Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council do hereby declare Tuesday, April 22, 2025, as CITY OF WHEAT RIDGE EARTH DAY CELEBRATION Encouraging people in Wheat Ridge to combat climate change and environmental degradation, support green economy initiatives, and to inspire others to undertake similar actions; and I also declare Friday, April 25, 2025, as CITY OF WHEAT RIDGE ARBOR DAY CELEBRATION Encouraging community members and businesses of Wheat Ridge to care for, enjoy and appreciate trees in your yard and neighborhood. __________________________ Bud Starker, Mayor _____________________________ Margy Greer, Sr. Deputy City Clerk PROCLAMATION LEAVE NO TRACE AWARENESS DAY April 14, 2025 WHEREAS, the natural beauty, wildlife, environment, and recreational opportunities in Wheat Ridge are vital to the health, well-being, and enjoyment of residents and visitors alike; and WHEREAS, the Leave No Trace Center for Outdoor Ethics promotes the responsible enjoyment and active stewardship of the outdoors through education, research, and partnerships; and WHEREAS, the seven principles of Leave No Trace – Plan Ahead and Prepare, Travel and Camp on Durable Surfaces, Dispose of Waste Properly, Leave What You Find, Minimize Campfire Impacts, Respect Wildlife, and Be Considerate of Others – provide a framework for minimizing our impact on natural and shared spaces; and WHEREAS, in 2023 the Wheat Ridge Greenbelt was selected as one of twenty Leave No Trace spotlight sites nationwide, recognizing the community’s commitment to environmental stewardship and ongoing efforts; and WHEREAS, adopting Leave No Trace practices helps preserve parks, open spaces, and wildlands, protects local ecosystems and wildlife, and fosters a culture of respect and responsibility within our community. NOW, THEREFORE, BE IT RESOLVED I, Mayor Bud Starker, and the Wheat Ridge City Council, call upon the Wheat Ridge community, to join us in recognizing April 14, 2025, as LEAVE NO TRACE AWARENESS DAY in the City of Wheat Ridge and encourage all individuals to practice and promote the Leave No Trace principles to protect our environment now and for future generations. IN WITNESS THEREOF on this 14th day of April 2025. ______________________________ Bud Starker, Mayor ____________________________ Margy Greer, Sr. Deputy City Clerk ITEM NUMBER: 1a DATE: April 14, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 22-2025 TITLE: A RESOLUTION AMENDING THE 2025 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $11,269 FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM ☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Wheat Ridge Police Department applied for and was awarded a grant in the amount of $11,269 from the Edward Byrne Memorial Justice Assistance Grant program for police officer laptop computers. A budget supplemental appropriation is required to amend the budget to accept these funds. PRIOR ACTION: The Wheat Ridge Police Department received this grant in prior years, most recently in early 2024. Council approved the acceptance of the grant at that time. FINANCIAL IMPACT: The grant award totals $11,269 which will be used to purchase GETAC laptop computers for patrol officers. Each computer costs approximately $3000; therefore, this grant will pay for approximately three new laptops and their corresponding support equipment. These funds were not budgeted in the 2025 budget. There are no matching funds required to accept this grant. BACKGROUND: The Wheat Ridge Police Department intends on using the grant funds to purchase three GETAC laptop computers with the goal of issuing a laptop to each Police officer in the Patrol Division. The use of the grant to purchase laptop computers complies with the requirements and conditions outlined in the grant for fund usage. Council Action Form – Edward Byrne Memorial Justice Grant Award Date: April 14, 2024 Page 2 Supplying each officer with their own laptop will accomplish several goals identified to improve officer efficiency and productivity. Those goals include but are not limited to allowing them the opportunity to complete paperwork and reports while experiencing down time such as when at the hospital seeking medical clearances, at the jail waiting to book an offender into the jail and at court waiting to testify. Many of our peer agencies issue laptop computers to be assigned to each individual officer and the practice of providing a dedicated laptop is becoming an industry standard for efficiency. Currently the Police department owns 39 GETAC laptops with the goal of owning 55 The acceptance of this grant will allow the Police department to move closer to the noted goal. RECOMMENDATIONS: Staff recommends acceptance of the Edward Byrne Memorial Justice Assistance Grant for the purchase of the GETAC laptops. RECOMMENDED MOTION: “I move to approve Resolution No. 22-2025, a resolution amending the 2025 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $11,269 for the purpose of accepting a grant from the Edward Byrne Memorial Justice Assistance Grant Program.” Or, “I move to postpone indefinitely Resolution No. 22-2025, a resolution amending the 2025 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $11,269 for the purpose of accepting a grant from the Edward Byrne Memorial Justice Assistance Grant Program for the following reason(s).” REPORT PREPARED/REVIEWED BY: Eric Kellogg, Division Chief of Police Chris Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 22-2025 2. Department of Justice Notice of Grant award CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 22 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE 2025 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $11,269 FOR THE PURPOSE OF ACCEPTING A GRANT FROM THE EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT PROGRAM WHEREAS, the City of Wheat Ridge shall serve as point of contact and grant administrator for the Justice Assistance Grant Program, hereafter referred to as JAG, from the U.S. Department of Justice for the amount of $11,269; and WHEREAS, JAG funds are specifically designated for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, information systems for criminal justice, and criminal justice related research and evaluation activities; and WHEREAS, purchasing and accounting methods will be in accordance with the subgrantee governing jurisdiction’s established policies and ordinances that govern the requisition and purchase of equipment and supplies; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: A. The City Council authorizes acceptance of the JAG grant and an amendment to account number 01-202-650-660 in the amount of $11,269 for purchase of three (3) GETAC laptop computers. B. The City Manager is authorized to execute all documents necessary for the acceptance of the award. ATTACHMENT 1 DONE AND RESOLVED this 14th day of April 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor Award Letter December 4, 2024 Dear Jen Clay, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CITY OF WHEATRIDGE for an award under the funding opportunity entitled 2024 BJA FY 24 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $11,269. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven’t already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Brent J. Cohen Acting Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) enforces federal civil rights laws and other provisions that prohibit discrimination by recipients of federal financial assistance from OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW). Several civil rights laws, including Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance (recipients) to give assurances that they will comply with those laws. Taken together, these and other civil rights laws prohibit recipients from discriminating in the provision of services and employment because of race, color, national origin, religion, disability, and sex or from discriminating in the provision of services on the bases of age. Some recipients of DOJ financial assistance have additional obligations to comply with other applicable nondiscrimination provisions like the Omnibus Crime Control and Safe Streets Act of 1968, which prohibits discrimination on the basis of religion in addition to race, color, national origin, and sex. Recipients may also have related requirements regarding the development and implementation of equal employment opportunity programs. Page: 2 of 23 ATTACHMENT 2 ITEM NUMBER: 1b DATE: APRIL 14, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 18-2025 TITLE: A RESOLUTION AMENDING THE 2025 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,211,000 FOR THE PURPOSE OF FUNDING THE PANORAMA PARK TENNIS COURTS PROJECT AWARDED TO COLORADO DESIGNSCAPES, INC. ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: A contract was awarded to Colorado Designscapes, Inc. for the Panorama Park Tennis Courts project by City Council on February 10, 2025. This project was budgeted in the Open Space Fund in 2024; however, the funds were mistakenly not carried forward into the 2025 budget. This resolution will amend the 2025 Open Space Fund budget to fund this project as planned. PRIOR ACTION: A contract in the amount of $1,211,000 was awarded to Colorado Designscapes, Inc. at the February 10, 2025 City Council meeting. FINANCIAL IMPACT: The funds for this project were budgeted in the 2024 Open Space Fund budget but were never captured on a purchase order because the contract was not approved until February of 2025. Staff intended to carry the funds over into the 2025 budget, but this item was missed during the carry over process. As a result, these funds returned to the fund balance. There is no additional or unexpected financial impact. BACKGROUND: The tennis and basketball courts at Panorama Park are original to the park and have been a valued amenity for residents, promoting physical activity and community engagement. With an original estimated lifespan of 25 years, after over 65 years of use, Council Action Form – Budget Supplemental for Panorama Park Tennis April 14, 2025 Page 2 the courts have deteriorated significantly. Fully replacing the courts with a post-tension concrete base is recommended due to the age and condition of the current courts along with the soil in Panorama Park. In 2023, Architerra was selected to create the design for replacing the tennis courts and adjacent basketball court. The lighting and fencing will be replaced, and both access and parking will be improved for users. A shelter will be added, along with new benches, trash receptacles, and re-installed memorial benches. Drainage and landscaping will also be improved during construction. Architerra completed the design in 2024. Colorado Designscapes was selected through Sourcewell (cooperative purchasing agreement), under the guidance of the City’s procurement manager. RECOMMENDATIONS: Staff recommends the approval of this resolution to properly account for the Panorama Park Tennis Court project that was budgeted in 2024. RECOMMENDED MOTION: “I move to approve Resolution 18-2025, a resolution amending the 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,211,000 for the purpose of funding the Panorama Park Tennis Courts project awarded to Colorado Designscapes, Inc.” Or, “I move to postpone indefinitely Resolution 18-2025, a resolution amending the 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $1,211,000 for the purpose of funding the Panorama Park Tennis Courts project awarded to Colorado Designscapes, Inc. for the following reason(s).” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 18-2025 2. Colorado Designscapes, Inc. contract ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE 2025 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $1,211,000 FOR THE PURPOSE OF FUNDING THE PANORAMA PARK TENNIS COURTS PROJECT AWARDED TO COLORADO DESIGNSCAPES, INC. WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, Wheat Ridge City Council previously approved the 2025 Open Space Fund (Fund 32) budget; and WHEREAS, the City Council awarded a contract to Colorado Designscapes, Inc. in the amount of $1,211,000 for the purpose of funding the Panorama Park Tennis project on February 10, 2025; and WHEREAS, the Panorama Park Tennis project was included in the 2024 Open Space Fund (Fund 32) budget, but the funds were not carried over into the 2025 budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. A supplemental budget appropriation in the amount of $1,211,000 is hereby approved from Open Space (Fund 32) reserves to account No. 32-601-800-871 for the purpose of budgeting the Panorama Park Tennis Court project. DONE AND RESOLVED this 14th day of April 2025 Bud Starker, Mayor ATTACHMENT 1 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk ITB-24-168-Panorama Park Tennis Courts CITY OF WHEAT RIDGE 24-168-Panorama Park Tennis Courts AGREEMENT THIS AGREEMENT, made this 11th day of February, 2025, by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and Colorado Designscapes, Inc., 15540 East Fremont Dr., Centennial, CO 80112, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary to complete the construction of the Project titled, ITB-24-168-Panorama Park Tennis Courts, in accordance withthe Contract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with theterms therein for the Total Contract amount of one million, two-hundred eleven thousand, dollars,($1,211,000.00) which includes the base bid and the bid alternate. 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14) calendar days after the date of the Notice to Proceed and to complete the same within 180 working days after thedate of the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, such amounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a manner consistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorized expenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein. During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constitute appropriations of the amounts specified therein for the purposes specified therein. Docusign Envelope ID: 5C7F1843-AC35-44D5-A9ED-09CF5F6226E9Docusign Envelope ID: A77C7742-1277-44E0-B3E7-EFB001AD1A0FDocusign Envelope ID: 1C2A85BC-BB07-420F-B366-D5D2B9BAA515 ATTACHMENT 2 ITB-24-168-Panorama Park Tennis Courts (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Mark Ruote Theron Thomas Office Phone: 303-205-7553 303-721-9003 Email Address: mruote@ci.wheatridge.co.us tthoms@designscapes.org Address: 7500 W 29th Ave. 15440 E. Fremont Dr. City, State, Zip Code Wheat Ridge, CO 80033 Centennial, CO 80112 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Vendor Performance Feedback Docusign Envelope ID: 5C7F1843-AC35-44D5-A9ED-09CF5F6226E9Docusign Envelope ID: A77C7742-1277-44E0-B3E7-EFB001AD1A0FDocusign Envelope ID: 1C2A85BC-BB07-420F-B366-D5D2B9BAA515 ITB-24-168-Panorama Park Tennis Courts The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 13. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Mark Ruote, Parks Project Coordinator Date Signed ______________________________________ __________ Karen O’Donnell, Director of Parks & Recreation Date Signed Docusign Envelope ID: 5C7F1843-AC35-44D5-A9ED-09CF5F6226E9 2/12/2025 2/13/2025 2/14/2025 Docusign Envelope ID: A77C7742-1277-44E0-B3E7-EFB001AD1A0FDocusign Envelope ID: 1C2A85BC-BB07-420F-B366-D5D2B9BAA515 ITB-24-168-Panorama Park Tennis Courts IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE Margy Greer, Senior Deputy City Clerk WHEAT RIDGE, C0 80033 303-234-5900 Date Patrick Goff, City Manager (Seal) APPROVED AS TO FORM: CONTRACTOR Colorado Designscapes, Inc. 15540 E. Fremont Dr. Centennial, CO 80112 Gerald Dahl, City Attorney ATTEST TO CONTRACTOR: Authorized Signature Printed Name Name Title Title Date Date Docusign Envelope ID: 5C7F1843-AC35-44D5-A9ED-09CF5F6226E9 Travis Sommervold Assistant Manager 2/18/2025 Commercial Estimator 2/18/2025 2/18/2025 Docusign Envelope ID: A77C7742-1277-44E0-B3E7-EFB001AD1A0FDocusign Envelope ID: 1C2A85BC-BB07-420F-B366-D5D2B9BAA515 ITEM NUMBER: 1c DATE: APRIL 14, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 19-2025 TITLE: A RESOLUTION AMENDING THE 2025 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $898,911.56 FOR THE PURPOSE OF FUNDING THE TABOR LAKE TRAIL PROJECT AWARDED TO JOC CONTRACTING, LLC ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: A contract was awarded to JOC Contracting, LLC for the Tabor Lake Trail project by City Council on February 10, 2025. This project was budgeted in the Open Space Fund in 2024; however, the funds were mistakenly not carried forward into the 2025 budget. This resolution will amend the 2025 Open Space Fund budget to fund this project as planned. PRIOR ACTION: A contract in the amount of $898,911.56 was awarded to JOC Contracting, LLC at the February 10, 2025 City Council meeting. FINANCIAL IMPACT: The funds for this project were budgeted in the 2024 Open Space Fund budget but were never captured on a purchase order because the contract was not approved until February of 2025. Staff intended to carry the funds over, but this item was missed during the carry over process. As a result, these funds returned to the fund balance. There is no additional or unexpected financial impact. BACKGROUND: An informal dirt social trail currently exists adjacent to the eastern and northern shoreline of Tabor Lake. This dirt path connects the Clear Creek Trail near the southeast corner of the lake with Van Gordon Street near the northwest corner of the lake. The Parks and Recreation Commission inquired about the feasibility of building a safe, Council Action Form – Fund 32 Budget Supplemental for Tabor Lake Trail April 14, 2025 Page 2 stable, accessible trail around the lake. In 2022, a Colorado School of Mines student team completed a two-semester project that included public engagement, concept development, and the creation of a non- professional trail design around the lake with related amenities. In 2022-2023, the department applied for and was awarded a $451,260 grant from the Land Water Conservation Fund and a $410,000 grant from the Jefferson County Open Space Trails Partnership Program to help fund the design and construction of the trail. In 2023, Design Concepts was selected as the contractor for the trail design. During the design process, Design Concepts recommended keeping the west shoreline closed to public access, as it currently is, for safety due to a landslide in the 1980s and a risk of falling down a steep slope into the lake. Staff agreed with this recommendation. Design Concepts completed the trail design for a 6 foot wide soft surface trail in 2024. In addition to the trail, the design includes a pavilion on the northwest corner of Tabor Lake, a bird blind at the south shore accessible from the existing paved Clear Creek Trail, benches and trash cans, improved parking on Van Gordon Street, including a handicap space and formalized trail access, and a maintenance access ramp to the lake. The project aligns with the adopted 2023 Open Space Management Plan to “Expand access and connectivity to the Clear Creek Trail as the backbone of the city, connecting neighborhoods to each other, to nature, outdoor experiences, and community destinations.” The Lee and Baugh Ditch, and its easement, runs through parts of the project site and construction work cannot be completed within the easement from April 1 to October 31, annually. Construction can occur year-round (weather-dependent) in the project areas outside of the ditch easement. In addition to the ditch requirement, the City needs to be mindful on cormorant nesting season when completing trail construction. JOC Contracting, LLC was selected through Sourcewell (cooperative purchasing agreement), under the guidance of the City’s procurement manager. RECOMMENDATIONS: Staff recommends the approval of this resolution to properly account for the Tabor Lake Trail project that was budgeted in 2024. RECOMMENDED MOTION: “I move to approve Resolution 19-2025, a resolution amending the 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $898,911.56 for the purpose of funding the Tabor Lake Trail project awarded Council Action Form – Fund 32 Budget Supplemental for Tabor Lake Trail April 14, 2025 Page 3 to JOC Contracting, LLC.” Or, “I move to postpone indefinitely Resolution 19-2025, a resolution amending the 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $898,911.56 for the purpose of funding the Tabor Lake Trail project awarded to JOC Contracting, LLC for the following reason(s).” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 19-2025 2. JOC Contracting, LLC contract ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE 2025 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $898,911.56 FOR THE PURPOSE OF FUNDING THE TABOR LAKE TRAIL PROJECT AWARDED TO JOC CONTRACTING, LLC WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, Wheat Ridge City Council previously approved the 2025 Open Space Fund (Fund 32) budget; and WHEREAS, the City Council awarded a contract to JOC Contracting, LLC in the amount of $898,911.56 for the purpose of funding the Tabor Lake Trail project on February 10, 2025; and WHEREAS, the Tabor Lake Trail project was included in the 2024 Open Space Fund (Fund 32) budget, but the funds were not carried over into the 2025 budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. A supplemental budget appropriation in the amount of $898,911.56 is hereby approved from Open Space (Fund 32) reserves to account No. 32-601-800-871 for the purpose of budgeting the Tabor Lake Trail project. DONE AND RESOLVED this 14th day of April 2025 Bud Starker, Mayor ATTACHMENT 1 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk 24-169-Tabor Lake Trail Improvements CITY OF WHEAT RIDGE 24-169-Tabor Lake Trail Improvements AGREEMENT THIS AGREEMENT, made this 12th day of February, 2025 by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and JOC Contracting, LLC, 4890 Ironton Street, Suite A, Denver, CO 80239, hereinafter called "Contractor". WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned the parties agree as follows: 1.The Contractor agrees to furnish all materials, supplies, tools, equipment, labor, and other services necessary tocomplete the construction of the Project titled, 24-169-Tabor Lake Trail Improvements, in accordance with the Contract Bid Documents. 2.The Contractor agrees to perform all the Work described in the Contract Bid Documents and comply with the terms therein for the Total Contract amount of eight-hundred ninety-eight thousand, nine-hundred elevendollars and fifty-six cents, ($898,911.56). 3.The Contractor agrees to commence the Work required by the Contract Documents within Fourteen (14)calendar days after the date of the Notice to Proceed and to complete the same within 180 working days after the date of the Notice to Proceed unless the time for completion is extended otherwise by written changes to theContract Bid Documents. 4.The term "CONTRACT BID DOCUMENTS" means and includes the following: A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado 5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, suchamounts as required by the Contract Documents. 6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below: (a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31. (b)Budget contains appropriations. The city council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorizedexpenditures from the funds indicated within the annual budget itself and/or the adopting resolution shall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services, and/or approval of bids for the provision of specified goods or services, shall likewise constituteappropriations of the amounts specified therein for the purposes specified therein. Docusign Envelope ID: 4875879C-1C1C-48CE-A636-3E7E60B8F670 ATTACHMENT 2 24-169-Tabor Lake Trail Improvements (c) No contract to exceed appropriation. During each and any fiscal year, no contract entered into by or on behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall any contract be entered into nor any bid be awarded by or on behalf of the city which, by its terms, involves the expenditure of money for any of the purposes for which provision is made either in the adopted budget or adopting resolution, including any legally authorized amendments thereto, in excess of the amount appropriated in the budget or the approved contract or bid award. Any contract or bid award, either verbal or written, made in violation of the provisions of this section shall be void as to the city and no city monies from any source whatsoever shall be paid thereon. (d) Amendments and authorized expenditures. Nothing contained herein shall preclude the city council from adopting a supplemental appropriation in a manner consistent with the provisions of Section 10.12 of the Home Rule Charter of the city. Further, nothing contained in this section shall prevent the making of contracts for governmental services or for capital outlay for a period exceeding one (1) year if such contracts are otherwise allowed by the Home Rule Charter of the city; provided, however, any contract so made shall be executory only for the amounts agreed to be paid for such services to be rendered in succeeding fiscal years. (e) Notice to parties contracting with the city. All persons contracting with, or selling goods or services to, the city are hereby placed upon notice of the provisions of this section. The provisions of this section shall become a part of the Merit System Personnel Rules and Regulations of the City of Wheat Ridge; shall be referred to specifically in all public works bid documents and contracts; and shall be incorporated into, and specially noted within, all other contracts entered into by or on behalf of the city wherein city funds are used to pay for said contract. 7. Section 2-4 of the City Code of Laws is presented below: (a) The city may, by contract, require the contractor awarded a public works contract to waive, release or extinguish its rights to recover costs or damages, or obtain an equitable adjustment, for delays in performing such contract if such delay is caused, in whole or in part, by acts or omissions of the city or its agents, if the contract provides that an extension of time for completion of the work is the contractor's remedy for such delay. Such a clause is valid and enforceable, any provision of state law to the contrary notwithstanding. (b) The city council, by this ordinance (Ordinance No. 812), declares its local contracting powers to be a matter of purely local concern, and further specifically intends to supersede, pursuant to its powers under Article XX of the Colorado Constitution, the provisions of Sections 24-91-101 and 24-91-103.5, C.R.S., insofar as they conflict with the provisions of this section of the Code of Laws of the City of Wheat Ridge, Colorado. 8. Any notice or communication given pursuant to this Agreement to the City shall be made in writing: Contact Information City Contractor Name: Mark Ruote Kiryl “K” Kavalenka Office Phone: 303-205-7553 720-419-5142 Email Address: mruote@ci.wheatridge.co.us k@joc-construction.com Address: 7500 W 29th Ave. 4890 Ironton Street, Suite A City, State, Zip Code Wheat Ridge, CO 80033 Denver, CO 80239 9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. 10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount. 11. Vendor Performance Feedback Docusign Envelope ID: 4875879C-1C1C-48CE-A636-3E7E60B8F670 24-169-Tabor Lake Trail Improvements The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All contracts will need to be considered as part of the requirement. The following criteria will be evaluated annually for renewable contracts and at contract closeout for one-time agreements: a. Work completed on time b. Work completed within budget c. Work completed as per the Scope of Work d. Future awards recommendation 12. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. 13. Each party has reviewed the items contained within this contract and recommend executing this contract to proceed with the agreed upon Statement of Work. ______________________________________ __________ Whitney Mugford-Smith, Procurement Manager Date Signed ______________________________________ __________ Mark Ruote, Parks Projects Coordinator Date Signed ______________________________________ __________ Karen O’Donnell, Director of Parks & Recreation Date Signed Docusign Envelope ID: 4875879C-1C1C-48CE-A636-3E7E60B8F670 2/12/2025 2/13/2025 2/14/2025 24-169-Tabor Lake Trail Improvements IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in two (2) copies, each of which shall be deemed an original on the date first above written. ATTEST: OWNER CITY OF WHEAT RIDGE 7500 WEST 29TH AVENUE Margy Greer, Senior Deputy City Clerk WHEAT RIDGE, C0 80033 303-234-5900 Date Patrick Goff, City Manager (Seal) APPROVED AS TO FORM: CONTRACTOR JOC Construction, LLC 4890 Ironton Street, Suite A Denver, CO 80239 Gerald Dahl, City Attorney ATTEST TO CONTRACTOR: Authorized Signature Printed Name Name Title Title Date Date Docusign Envelope ID: 4875879C-1C1C-48CE-A636-3E7E60B8F670 2/14/2025 Vice President West Kiryl "K" Kavalenka 2/21/2025 Vice President West 2/24/2025 ITEM NUMBER: 2 DATE: April 14, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 06-2025 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 ☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☒ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: In order to implement the Lutheran Legacy Campus Master Plan, the city intends to legislatively rezone the former hospital 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. City Council approved this ordinance on first reading on March 24, 2025. A motion was made by Councilmember Weaver and seconded by Councilmember Stites and was approved by a vote of 7 to 0. Council Action Form – Lutheran Rezoning April 14, 2025 Page 2 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: Subject Property 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 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. Master Plan The city began preparing for the hospital’s departure from the Legacy Campus over four years ago in early 2021 by facilitating a master planning process. From April 2021 to October 2021, community members were asked to share their vision for the future of the Legacy Campus. That public process culminated in a plan that outlines key community expectations and goals: • provide public open space, • provide a mix of housing types, • integrate existing assets like the chapel, blue house, and rocky mountain ditch, • ensure development on the perimeter serves as a buffer and transition between the campus and existing adjacent neighborhoods, • integrate office and civic uses, and • provide neighborhood-serving retail that complements the area but doesn’t compete with economic development efforts at nearby Wadsworth and 38th Avenue. Ultimately, City Council approved the Lutheran Legacy Campus Master Plan in October 2021. The plan outlines the next steps required to bring this vision to reality, and that has been the focus of the last year and half. Legislative Zone Change The purpose of the legislative zone change is to eliminate the current zoning designations and instead apply one zone district that aligns with the vision in the Master Council Action Form – Lutheran Rezoning April 14, 2025 Page 3 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. 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. Instead of waiting for a private zone change request, the city knows best and can apply the zoning regulations that align with the community’s vision. 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: • 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): approved on first reading by a vote of 7-0. o City Council public hearing (April 14, 2025) Proposed MU-LLC Zoning The new MU-LLC zoning regulations were approved by City Council on January 27, 2025, at a public hearing. The specific standards of the MU-LLC zoning were previously discussed with City Council at its July 15, 2024, and October 9, 2024 study sessions, Council Action Form – Lutheran Rezoning April 14, 2025 Page 4 with additional study sessions at Planning Commission. The Planning Division, with assistance from the City Attorney, developed a custom zone district for the Lutheran Legacy Campus which aligns with the recommendations of the Lutheran Legacy Campus Master Plan. The zoning regulations are based on the current mixed-use zoning regulations in Article XI of Chapter 26 but are highly customized to include specific recommendations and requirements of the master plan, including: • Low-density overlay around the campus perimeter which limits permitted uses in these areas to low-density housing (single-unit or duplex) and lowers building heights. • Requires 20% of the campus to be designated as public open space for the benefit of the entire community (double the standard for other mixed-use zones). • Taller buildings (up to 5 stories) including apartments will only be permitted in the center of the campus, not on the edges. • Important community assets like the chapel and Blue House will be required to be preserved. These regulations are built into the MU-LLC zoning requirements. Permitted uses, such as the type of housing allowed or building heights, will vary depending on the location within the campus. The MU-LLC regulations specifically take into account the surrounding areas and include transition and buffer requirements to ensure limited impacts on adjacent existing residential neighborhoods. Charter Amendment Wheat Ridge is one of the few communities that restricts building height in its City Charter, and an amendment to the City Charter was recommended by the Master Plan to achieve several goals within the plan. In short, the low density overlay and open space requirements in the MU-LLC zoning are made possible by allowing clustering of taller buildings in the middle of the campus. On November 5, 2024, Wheat Ridge voters approved a Charter amendment with 67% support to modify the permitted building heights on the campus based on recommendations from the Master Plan. Public Process and Public Benefit The 100-acre property is more than just centrally located in Wheat Ridge; it is also central to the fabric and foundation of this community. Over the past 100 years, the hospital campus has evolved tremendously, impacting the lives of countless people in Wheat Ridge and beyond. Many residents have deep emotional connections to this place, recalling births, losses, and major life events. For the past four years, public involvement has been at the heart of planning and decision-making for the campus’s next chapter. Council Action Form – Lutheran Rezoning April 14, 2025 Page 3 The Master Plan itself is a community-created document. In 2024, the public was reengaged with the drafting of the zoning regulations and the presentation of a ballot question, including: • 3 public open houses • 4 intercept events • 3 presentations for community groups • 12 public meetings before City Council and Planning Commission • The relaunch of a project website (which saw over 13,000 visits in the last year) • A citywide postcard mailing • Several stories in print and television media • 2 rounds of official polling The Master Plan and MU-LLC zoning aim to create a realistic future—one that balances the most likely future land uses with the values of this community. While it is unlikely that every Wheat Ridge resident will embrace every aspect of this vision, at 100 acres in size and with a wide range of goals, there is something for everyone within the plan and the zoning: • Acres of dedicated publicly accessible open space • An improved and publicly accessible trail along the alignment of the Rocky Mountain Ditch • New sidewalks along Dudley Street and along both sides of Lutheran Parkway and Lutheran Parkway West • New bicycle facilities along Lutheran Parkway and Lutheran Parkway West • A first-of-its-kind tree preservation and replacement approach that protects the mature tree canopy • Protection of important landmarks like the Blue House and chapel that maintain the cultural heritage of the city and campus • A wide range of housing types that diversifies the city’s housing stock • Housing and open space along the perimeter of the campus that honors the character of the adjacent neighborhoods • Civic uses and a minimum 10,000 square feet of retail development RECOMMENDATION: The city has never been in the position to purchase the former hospital campus, but it has the power and opportunity to shape its future. This legislative zone change is the culmination of several years of planning, and it creates a predictable future that aligns with the community’s vision. For these reasons, staff recommends approval of the ordinance. If the zone change is approved, then a future buyer would be responsible for a concept plan, subdivision plat and site plans. The project website (https://whatsupwheatridge.com/lutheran) will continue to be a resource for updates and information. A neighborhood meeting would be a required first step Council Action Form – Lutheran Rezoning April 14, 2025 Page 6 before a concept plan application is received. RECOMMENDED MOTION: “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 second reading, order it published, 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 2. Planning Commission Minutes CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER WEAVER 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 7 to 0 on this 24th day of March 2025, ordered published by title in the newspaper and in full on the City’s website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for 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 � � '4' ... _ ., City of • ]P'"\VheatRi___dge PLANNING COMMISSION Minutes of Meeting February 20, 2025 1.CALL THE MEETING TO ORDER The meeting was called to order by Vice Chair QUINN at 6:31 p.m. This meeting was held in person and virtually, using Zoom video-teleconferencing technology. 2.ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3.PLEDGE OF ALLEGIANCE Daniel Graeve Krista Holub Will Kerns Michael Moore Patrick Quinn Jonathan Schelke Kristine Disney Syrma Quinones Jana Easley, Planning Manager Scott Cutler, Senior Planner Tammy Odean, Recording Secretary 4.APPROVE ORDER OF THE AGENDA It was moved by consensus to approve the order of the agenda. 5.APPROVAL OF MINUTES -February 6, 2025 It was moved by consensus to approve the minutes of February 6, 2025, as written. 6.PUBLIC FORUM (This is the time for any person to speak on any subject not appearingon the Public Hearing agenda.) No one wished to speak at this time. 7.PUBLIC HEARING Planning Commission Minutes February 20, 2025 - 1 - ATTACHMENT 2 A.Case No. WZ-25-02: A City-initiated zone change of the Lutheran LegacyCampus from Planned Hospital Development (PHD), Planned CommercialDevelopment (PCD), Residential-Two (R-2) and Residential-One (R-1) to theMixed Use Lutheran Legacy Campus (MU-LLC) zone district. Vice Chair QUINN opened the Public Hearing. Mr. Cutler gave a short presentation regarding the zone change and the application.He entered into the record the contents of the case file, packet materials, the zoningordinance, and the contents of the digital presentation. He stated the public noticeand posting requirements have been met, therefore the Planning Commission hasjurisdiction to hear this case. Public Comment Anne Brinkman, resident 7420 West 34th Avenue Ms. Brinkman mentioned she served 10 years on the Planning Commission andsaid she is in favor of the zone change and is speaking on behalf of the ditch waterrights. She wanted it known that the ditch area is not a recreational area and isowned by Rocky Mountain Ditch and the water rights owners. She said the ditch isan agricultural service right-of-way and it is important to keep it flowing for thepeople downstream because they rely on it. She also mentioned she is ok if it ispiped underground. Betty Jo Page, resident3945 Ingalls Street Ms. Page reiterated Ms. Brinkman's thoughts that the ditch is not a recreationalarea. Vice Chair QUINN closed the public comment and reopened it. In response to a question from Commissioner SCHELKE, Ms. Brinkman clarifiedthat she was trying to explain that the ditch flow cannot be broken, for exampleinto a detention pond. Commissioner KERNS mentioned that one of the long-term goals is to get a moreformalized pedestrian and bicycle easement along the ditch so it can function as ahigh-line canal trail system. Ms. Brinkman said it will take a negotiation between the City and Rocky MountainDitch to create an easement for a trail. Mr. Cutler added that with any futuredevelopment the City will refer the application to the ditch company and therecould be a large easement that the ditch has control over. Planning Commission Minutes February 20, 2025 -2- Vice Chair QUINN closed the public comment. It was moved by Commissioner KERNS and seconded by Commissioner GRAEVE to recommend APPROVAL of Case No. WZ-25-02, a request for approval of 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, for the following reasons: 1.The proposed zone change will promote the public health, safety, orwelfare of the community and does not result in an adverse effect onthe surrounding area.2.A future developer will be required to upgrade infrastructure and utilities to serve the types of uses allowed by the change of zone. 3.The proposed zone change is consistent with the goals and objectives ofthe City's adopted plans and policies, including the adopted LutheranLegacy Campus Master Plan.4.The zone change will provide additional opportunity for reinvestment in the area.5.The criteria used to evaluate a zone change supports the request. Motion carried 6-0. Commissioner KERNS said he will be voting in favor of the motion and added he would like to see lower heights of buildings around the ditch; support for preserving the ditch and trail alongside it; he would like to see adaptive reuse of the current hospital and medical office buildings; include affordable housing within the development and diversity of housing types; street connections to existing neighborhoods in a grid system; support for bike/pedestrian connections to Crown Hill; and to preserve the tree canopy. Commissioner GRAEVE agreed with Commissioner KERNS and his comments. He mentioned this is an exciting time and there is a lot of work that lays ahead in the process and thanked staff for getting us to this point. He also encouraged the reuse of existing buildings, incorporating transit, and would like to see diversity in housing types. He added he will be voting in favor. Commissioner HOLUB mentioned her appreciation to the voters and the process and looks forward to what's ahead. Commissioner MOORE said this is a good thing and thanked the City and community for making it happen. Commissioner SCHELKE echoed the City to work with the ditch company to preserve a trail that all can be proud of. Planning Commission Minutes February 20, 2025 - 3- Commissioner QUINN thanked staff for the big undertaking of this master plan for Lutheran Legacy Campus and for the two public comments. 8.OLD BUSINESS Ms. Easley thanked Commissioner KERNS for his service on the commission and looksforward to seeing him in the future. 9.NEW BUSINESS A.Upcoming Dates Ms. Easley mentioned there will be a meeting on March 6 to discuss the City PlanPhase 4, introduce new commissioners, and vote for Chair and Vice Chair. Sheadded the meeting on March 20 is tentative.B.Project and Development Updates Ms. Easley announced that Lakeside Autowash is open and added the new ERPOpenGov permitting system went live at the first of the year. Commissioner GRAEVE asked if this new system will speed up the permittingprocess. Ms. Easley said that is the hope, but there will be a transition period to get used to.Mr. Cutler added the communication through the new system will be easier. C.Commissioner Updates Commissioner HOLUB mentioned she attended the City Plan Open House andwould recommend the community take the survey in What's Up Wheat Ridge. Shealso encouraged people to weigh-in on the DRCOG survey regarding SheridanBlvd. 10.ADJOURNMENT It was m9ved by Commissioner KERNS and seconded by Commissioner SCHELKEto adjou the meeting at 7:20 p.m. Motion carried 6-0. Planning Commission Minutes February 20, 2025 -4- ITEM NUMBER: 3 DATE: April 14, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 20-2025 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING THE JEFFERSON COUNTY COMMUNITY CRISIS RESPONSE PILOT PROGRAM ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The West Metro Fire District has initiated a Community Crisis Response Pilot Program to evaluate a regional team approach to address the rising need for mental health assistance in Jefferson County. The Pilot Program would pair a licensed mental health clinician with EMS personnel and only require police response when necessary. This Memorandum of Understanding (MOU) outlines the mission, purpose, and protocols of the Pilot Program. PRIOR ACTION: There is no prior City Council action associated with the West Metro Fire District’s Community Crisis Response Pilot Program. FINANCIAL IMPACT: There will be no financial impact for the City of Wheat Ridge whether approved or denied. BACKGROUND: Jefferson County is comprised of ten municipalities with a total population of approximately 576,000. The Jefferson County community is served by 13 different law enforcement agencies which collectively encompass over 1,500 peace officers, and 14 fire protection districts consisting of over 1,000 firefighters and EMS staff. Of those 13 law enforcement agencies, only five collaborate with mental health professionals in their response to calls for service involving persons in crisis. Council Action Form – Jefferson Community Crisis Response Pilot Program April 14, 2025 Page 2 Jefferson County law enforcement has seen a significant increase in crisis response calls involving mental health, behavioral health, homelessness, economic hardship, and substance abuse/addiction. The Denver metro-area homeless population is 17% higher, per capita, than the national average. Less than 40% of Jefferson County law enforcement participate in a mental health response program which fails to address the remaining 60 percent of the Jefferson County population. The West Metro program will help to fill the gap in crisis response coverage. Community-based crisis response programs are being utilized nationwide with great success and have proven to be a safe and effective supplement to Co-responder programs. This program is more aligned with the Denver Support Team Assisted Response (STAR) model and allows multiple jurisdictions to support such a program when one jurisdiction, by itself, cannot. The Community Crisis Response Pilot Program differs from police co-responder models in that a licensed mental health clinician is partnered with EMS personnel (community paramedic). This response can be in lieu of police response or along with a police officer depending on the behaviors indicated. This supplemental program does a great deal to address those mental health issues discovered after law enforcement clear a call or in those cases when fire and medical respond without the need for law enforcement. This fills a large gap in mental health response protocols which has been identified over the last several years and ensures those in need have been provided with the right services because of the incident or as determined by their personal needs. The Community Crisis Response Pilot Program will be in effect for approximately a year with an evaluation of its effectiveness and ability to serve those in crisis in mid-2026. During that time the Police Department will evaluate the program. Regular meetings and discussions will take place through the initial year to ensure the program stays aligned with the initial goals and parameters. The addition of the West Metro Community Crisis Response Team would be in addition to the services currently provided by the City’s in-house navigators and the Jefferson Center for Mental Health (JCMH). The increased workload around mental health, homelessness and crisis management (40 percent increase over 5 years) indicates that there is room for the addition of the West Metro Community Crisis Response Team. The model integrates with current support and navigation systems currently in place within Wheat Ridge. RECOMMENDATIONS: The City of Wheat Ridge and the Wheat Ridge Police Department utilize multiple resources, both internal and external to assist in crisis management, homelessness, and case management. The assistance of these programs is invaluable. It is recommended that the City Council approve this time-limited Memorandum of Understanding between the City of Wheat Ridge and the West Metro Fire District to allow the Wheat Ridge Police Department to participate in the Community Crisis Response Pilot Program. Council Action Form – Jefferson Community Crisis Response Pilot Program April 14, 2025 Page 3 RECOMMENDED MOTION: “I move to approve Resolution No. 20-2025 – a resolution of the City of Wheat Ridge, Colorado approving a Memorandum of Understanding concerning the Jefferson County Community Crisis Response Pilot program.” Or, “I move to postpone indefinitely, Resolution No. 20-2025 – a resolution of the City of Wheat Ridge, Colorado approving a memorandum of understanding concerning the Jefferson County Community Crisis Response Pilot program.” REPORT PREPARED/REVIEWED BY: E. Kellogg, Division Chief C. Murtha, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 20-2025 2. Exhibit A - MOU – Jeffco Crisis Response CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 20 SERIES OF 2025 TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO APPROVING A MEMORANDUM OF UNDERSTANDING CONCERNING THE JEFFERSON COUNTY COMMUNITY CRISIS RESPONSE PILOT PROGRAM WHEREAS, pursuant to Section 14.12 of the Home Rule Charter, C.R.S. §§ 29-1- 201 and 203, and Colo. Const. Art. XIV, § 18(2)(a), the City of Wheat Ridge, acting by and through its City Council, is authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, within Jefferson County, multiple law enforcement agencies are responsible for response to mental health, behavioral health, homelessness, economic hardship and substance abuse/addiction crisis response calls; and WHEREAS, the Council recognizes the importance of a coordinated response to such calls; and WHEREAS, the Council supports the creation of a pilot program among identified Jefferson County agencies to achieve this coordination. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado: Section 1. The Memorandum of Understanding among the City and the Jefferson County Sheriff’s Office, the West Metro Fire Protection District, the Town of Mountain View, the City of Edgewater, Intermountain Health, Jefferson Center for Mental Health and Jefferson County Public Health, attached hereto as Exhibit A, is hereby approved. Section 2. This Resolution shall be effective upon adoption. DONE AND RESOLVED this 14th day of April 2025 ATTACHMENT 1 [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk ITEM NUMBER: 4 DATE: April 14, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION 21-2025 TITLE: A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE LAND CONSERVATION PARTNERSHIP PROGRAM ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: Jefferson County Open Space’s Land Conservation Partnership Program allows communities within the County to apply for funding in the amount of up to 50% of the acquisition cost of parcels provided they become public parks, open spaces, trail corridors, or greenways/greenbelts. A City Council Resolution of Support is required as part of the application. Staff would like to apply for this funding in order to acquire property at 4150/4152 Kipling Street. PRIOR ACTION: There has been no prior action taken by Council on this issue. FINANCIAL IMPACT: The City issued a Purchase Order for $10,113 in 2024 to HDR Engineering Inc. to contract their services for an appraisal and negotiations, if needed, on a potential offer for this property. The City does not have any 2025-budgeted funds for property acquisition. A potential offer on the property would be made contingent on funding for the offer coming from project partners and not directly from the City. There is no direct financial impact from this action, as it only makes the City eligible to request funding from Jefferson County, without guaranteeing it is awarded or spent. Indirect financial impact could include awarded partner funding from the County, plus potential funding from the Mile High Flood District (MHFD). Committed funding from both partner agencies could be needed to make an offer on the property. Multiple potential steps down the line, should the property be acquired by the City, there Council Action Form – Resolution Supporting JCOS Land Conservation Application April 14, 2025 Page 2 would be environmental mitigation, structure demolition, restoration, and management costs with owning the property. MHFD may be able to assist with funding for mitigation, structure demolition, and restoration costs. BACKGROUND: In 2024, the owners of the 4150/4152 Kipling Street property approached city staff in Parks and Recreation and Public Works about their interest in selling their 5.656 acre- property along the south bank of Clear Creek and east bank of Lena Gulch. Staff have had ongoing conversations with the owners and with potential funding partners, such as Jefferson County Open Space and the Mile High Flood District, about interest in the parcel. Passing this Resolution of Support would allow the City to apply for County funding to contribute to this potential purchase offer. This 5.656 acre-property is adjacent to Clear Creek, Lena Gulch, and the existing Wheat Ridge Greenbelt. The Clear Creek Trail runs along the north side of Clear Creek in this area, while this property is on the south side of Clear Creek, and there is also a trail connection on the east side of this property, between the Clear Creek Trail and Independence Court. Approximately 2.356 acres of the property are within the floodway, and that land cannot be developed. The remaining approximately 3.3 acres are in the floodplain (aka Flood Zone A) and can be developed by meeting certain requirements, such as bringing in soil to construct above the base flood elevation and foundations being raised above the base flood elevation. There are currently 5 structures on the property in various conditions. Staff see some value in the parcel for the land, but not the structures, for the following reasons: 1. Reducing the Flood Risk to Residents a. The property lies at the confluence of Lena Gulch and Clear Creek. The acquisition of this property could help to lower the flood risk of surrounding properties and to reduce the floodplain boundaries. b. The ability to remove the chokepoint at the property by widening the channel and removing the existing berm could reduce the cost of a future Kipling Bridge replacement project. c. This property could provide green infrastructure that absorbs and slows the release of floodwater, improves water quality, enhances the groundwater exchange, provides habitat protection, and reduces sediment buildup and erosion. 2. Increasing Open Space and Parkland, Expanding the Greenbelt a. Some/all of the land could become natural Open Space and expand the Greenbelt along Clear Creek. b. Some of the land could include certain park amenities that are allowed to Council Action Form – Resolution Supporting JCOS Land Conservation Application April 14, 2025 Page 3 be built in the floodplain. c. Potential to add a trail corridor connecting to or re-routing the Clear Creek Trail in this area near Kipling St., potentially involved with an improved crossing of Kipling in this area. A Phase 1 Environmental Site Assessment on the property, funded by the MHFD, is in-progress as of April 3rd. Timing is a factor with this funding request and Resolution. Passing this Resolution on April 14, 2025 would allow the Jefferson County Open Space (JCOS) Advisory Committee to review this request at their May 1st meeting. Should the JCOS Advisory Committee recommend this parcel for acquisition funding, and the City continues to be interested in purchasing the property, approval would then be needed from the Jefferson County Board of County Commissioners. JCOS Advisory Committee approval on May 1st would, at the soonest, allow the JCOS funding to be available for closing in late July 2025. After May 1st, the JCOS Advisory Committee’s next meeting where they could consider a funding request is July 10th. That would move the best-case potential closing timeline to October 2025. The MHFD Board also would have to approve their commitment of funding to this potential acquisition. The MHFD’s upcoming Board meetings are on April 17th, May 15th, and August 21st. MHFD has a shorter turnaround time for the funding to be available than JCOS. The property owners have stated they are motivated to sell quickly. RECOMMENDATIONS: Staff recommend passing this Resolution to make a Jefferson County Open Space funding request eligible for County consideration. An alternative is to wait to apply for Jefferson County Open Space funding until mid- June 2025, ahead of their July 10th meeting. This would push a potential closing to October 2025. It is unknown if the property owners have significant interest from other potential buyers. Another alternative is to decide to not pursue acquiring this property. RECOMMENDED MOTION: “I move to approve Resolution 21-2025, A Resolution of Support for an application to the Jefferson County Open Space Land Conservation Partnership Program.” Or, Council Action Form – Resolution Supporting JCOS Land Conservation Application April 14, 2025 Page 4 “I move to postpone indefinitely Resolution 21-2025, A Resolution of Support for an application to the Jefferson County Open Space Land Conservation Partnership Program for the following reason(s).” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Iwona Dumin, Civil Engineer Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution 21-2025 2. Jefferson County Open Space Land Conservation Program Flyer 3. 4150 Kipling Property Line Map ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 21 SERIES OF 2025 TITLE: A RESOLUTION OF SUPPORT FOR AN APPLICATION TO THE JEFFERSON COUNTY OPEN SPACE LAND CONSERVATION PARTNERSHIP PROGRAM WHEREAS, the City of Wheat Ridge, Colorado (the “City”) is interested in considering the potential expansion of open space and parkland in the city along with reducing flood risk for downstream properties; and WHEREAS, the owner of the 4150/4152 Kipling St. property approached the City with an interest in potentially selling their property to the City; and WHEREAS, the Jefferson County Open Space Land Conservation Partnership Program exists as a potential funding and partner resource for open space and parkland acquisition and the City desires to submit an application to this program to request funds to potentially acquire the 4150/4152 Kipling St. property; and WHEREAS, City Council supports a funding application to the Jefferson County Open Space Land Conservation Partnership Program to request funding to potentially acquire the 4150/4152 Kipling St. property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. The Mayor or the City Manager of the City or any other member of the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution. Section 2. Nothing contained in this Resolution, or the Assignment shall constitute a debt, indebtedness, or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. Section 3. If any section, paragraph, clause, or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of ATTACHMENT 1 any such section, paragraph, clause, or provision shall not affect any of the remaining provisions of this Resolution. This Resolution shall be in full force and effect upon its passage and approval. DONE AND RESOLVED this 14th day of April 2025 [SEAL] Bud Starker, Mayor ATTEST: Margy Greer, Sr. Deputy City Clerk Jefferson County Open Space (JCOS) will fund up to 25% of local or up to 50% of regional open space, park, trail corridor, or greenway acquisition projects. All 12 cities/ towns and 12 districts that provide public park and recreation services in Jefferson County are eligible to apply. Land Trusts, conservation organizations, and other non- profit community group applications are considered on a case-by-case basis. Jeffco Open Space Land Conservation Partnership Program PROPOSAL PROCESS -Serves immediate neighborhood or community such as a neighborhood park -Greenway Enhancements along local trails Local Project Examples -Public access serves more than one community or visitors from multiple jurisdictions -Multiple partners (two+ jurisdictions or organizations) -Property draws visitors from larger surrounding area -Property is a priority in multiple Master Plans -Important habitat for a species of concern or Threatened/Endangered species -Lands that increase access for residents within a 10-minute walk or drive -Fee or easement acquisitions that connect to a regional trail Regional Project Examples 1.Contact JCOS 2.Submit Proposal 3.Proposal Review 4.Notification Discuss eligibility, readiness, and determine if project is local or regional. Include project description, maps, budget (including requested amount and potential and secured match), maintenance plan, and resolution from governing board. Award letter with JCOS funding amount, due diligence checklist, JCOS Fund Recognition Guide, Jeffco Open Space Reverter Requirement, and a project completion deadline within two years of award date. Applicants will be notified if their project is not selected. Proposals may be submitted at anytime when the acquisition is coming to fruition. 25% 50% ELIGIBILITY Hillary Merritt Deputy Director hmerritt@jeffco.us 303.271.5948 up to up to JCOS Funding JCOS Funding Jeffco Open Space staff and Open Space Advisory Committee reviews and recommends proposals. The Board of County Commissioners gives final approval. ATTACHMENT 2 4150 Kipling Street Wheat Ridge,, CO 80033 Jefferson County As.s,es.sor Pa.reel No. 300043018 ATTACHMENT 3