HomeMy WebLinkAbout05-12-2025 - City Council Meeting AgendaAGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
Monday, May 12, 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 May 12, 2025)
3. Virtually attend and participate in the meeting through a device or phone:
a. Click here to pre-register and provide public comment by Zoom (You must
preregister before 6:00 p.m. on May 12, 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, April 21, 2025
City Council Meeting Minutes, April 28, 2025
APPROVAL OF AGENDA
PROCLAMATIONS AND CEREMONIES
1. Proclamation – Mental Health Awareness Month
2. Proclamation – National Police Week and National Peace Officers Memorial Day
3. Proclamation – National Public Works Week
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. Motion awarding a contract to Essential Contractors Inc. in the amount of
$300,371 with a contingency amount of $30,037 for a total approved amount of
$330,408 to construct the Miller Street Storm Water Improvements project
b. Motion to approve payment to Bank of Oklahoma for 2025 principal and interest
payments in the amount of $5,041,154.16 for the City of Wheat Ridge Colorado
Sales and Use Tax Revenue Bonds, series 2024
c. Motion awarding a contract to Brannan Sand & Gravel in the amount of
$1,737,966.62 with a contingency amount of $173,797 for a total approved
amount of $1,911,763.62 for the 2025 Residential Streets Program
d. Resolution No. 26-2025 – a resolution of the City of Wheat Ridge, Colorado
approving the Second Amended and Restated Intergovernmental Agreement for
the use and maintenance of a Regional Criminal Justice Records Management
System
e. Resolution No. 27-2025 – a resolution of the City of Wheat Ridge, Colorado
approving a Law Enforcement Recruit Training Agreement
f. Resolution No. 28-2025 – a resolution authorizing a Building Lease Agreement
between the City of Wheat Ridge and Wheat Ridge 2020, Inc. d/b/a Localworks
for 9110 West 44th Avenue
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Council Bill No. 07-2025 – an ordinance amending the Wheat Ridge Code of
Laws concerning membership of the Urban Renewal Authority
3. Council Bill No. 09-2025 – an ordinance amending Section 26-646 of the Wheat
Ridge Code of Laws regarding Accessory Dwelling Units and making conforming
amendments therewith
4. Council Bill No. 10-2025 – an ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws regarding Residential Occupancy Limits and making
conforming amendments therewith
ORDINANCES ON FIRST READING
5. Council Bill No. 08-2025 – an ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws regarding Freestanding Emergency Departments
DECISIONS, RESOLUTIONS, AND MOTIONS
6. Motion approving a Termination Agreement, and a Funding Agreement related to
the sale of Fruitdale School Lofts
7. Motion to adopt the Stormwater Master plan
8. Resolution No. 29-2025 – a resolution approving the revised Procurement Policy
and Guidelines including increased procurement limits, thresholds, and
authorities and rescinding Resolution No. 30-2017 in conflict therewith
9. Resolution No. 30-2025 – a resolution approving amendment number 4 to the
contract with The Colorado Department of Transportation for the Improve
Wadsworth project
10. Resolution No. 31-2025 – a resolution approving an Intergovernmental
Agreement between Jefferson County R-1 School District and the City of Wheat
Ridge for the School Resource Officer Program
CITY MANAGER’S MATTERS
CITY ATTORNEY’S MATTERS
ELECTED OFFICIALS’ MATTERS
City Council Study Session
NOTES
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
APRIL 21, 2025 Note: This meeting was conducted both as a virtual meeting and hybrid, where some members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council
were present in Council Chambers for this session. Before calling the meeting to order,
Mayor Starker stated the rules and procedures necessitated by this meeting format. 1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m.
2. Roll Call Council Members present: Scott Ohm, Rachel Hultin, Amanda Weaver, Korey Stites, Janeece Hoppe, Leah Dozeman, Jenny Snell, and Dan Larson.
Absent: None. Staff present: Deputy City Manager Allison Scheck, Assistant City Manager Marianne Schilling, Economic Development Director Steve Art, Procurement Manager Whitney Mugford-Smith, and Sr. Deputy City Clerk Margy Greer.
3. Public Comment None. 4. Jeffco Economic Development Corporation
Economic Development Director Steve Art recognized Council Member Janeece Hoppe’s membership on the Economic Development Corporation’s Board. He then introduced Jansen Tidmore, President and CEO of the Economic Development Corporation (EDC). Tidmore introduced himself and the EDC. He gave a PowerPoint Presentation which included the business leaders on the Board, creating and
maintaining jobs in Jefferson County, including the jobs created and maintained in the fields of Advanced Manufacturing, Aviation, Bioscience, Medical Device Manufacturing, Energy, Research Design and Engineering, and IT & Telecommunications.
Tidmore spoke to the talent and collaboration amongst the County and the Cities within
Jeffco. EDC is involved in Leadership Jeffco Classes, Alumni association, Youth Leadership Jeffco, The Peer Community Leadership Exchange Program, and Jeffco Matters.
A discussion followed with Mr. Tidmore and Council Members regarding the robust
programming of EDC, the differences between EDC and Chambers of Commerce, and how EDC and the city can work together to bring more businesses to Wheat Ridge.
5. Procurement Policy and Guidelines Update Deputy City Manager Allison Scheck stated that with the roll out of the new software program, it was a good time for Procurement Manager Whitney Mugford-Smith to
review the Procurement Policy and Guidelines which had not been updated since 2018.
Procurement Manager Whitney Mugford-Smith gave a PowerPoint presentation stating that the main Goal of the program being Source best value solutions for the City, encourage compliance, maintain transparency and public procurement ethics. She
spoke to the current purchase thresholds and approval authorizations for each
threshold. She then proposed updating the thresholds/approvals by increasing the purchasing limits and authorization authority. Council discussion ensued regarding the proposal to have the city Manager authorize and sign for purchases up to $150,000 and any purchases over $150,000 being approved by Council.
Mugford-Smith recommended Council approve the revised Procurement Policy and Guideline to further expedite modernization Citywide; increase the limit and thresholds to support expedited procurement functions; and increase authorization authority to support expedited procurement and contracting, all as proposed in her presentation.
Council discussed the threshold amounts and reached consensus on the amounts as presented except for Council wanting to raise the purchasing limit from the proposed $150,000 to $250,000 for Council-approved purchases and asking staff to set a certain number of years to review this policy. There was consensus to bring the amended
Procurement Policy and Guidelines back to Council in the form of a resolution for
adoption. 6. Council’s Vision and Mission Statement Deputy City Manager Allison Scheck stated that Council’s retreat was held on January
31 and February 1 of this year. During the retreat, Council spent a great deal of time
working on their Vision and a Mission Statement. Council Members Hoppe and Hultin volunteered to pull all the information gathered during Council’s exercises at the retreat and put it into the format distributed to Council in the Agenda packet.
Council Members Hoppe and Hultin presented the Vision and Mission to the other
members. Council Member Larson distributed a paper to the other council members and stated that there are key words which he believed needed to be changed to ensure that people reading the Council’s Vision, Mission & Ideals are not upset by their usage.
Council Members thanked Hultin and Hoppe and Assistant City Manager Marianne
Schilling for their work on thoughtfully creating a document which reflected what was said and felt during the retreat. A few words were changed to clarify the meaning behind the statements.
There was a consensus to move forward with formal adoption of the Vision, Mission and
Ideals as amended.
7. Staff(s) Report
Deputy City Clerk Allison Scheck reported on a grant opportunity available through the
Lakewood Cultural Commission. They are offering up to $500 grants to enrichment
programs that promote culture and arts in Wheat Ridge.
8. Elected Officials’ Report
Mayor and City Council Members stated their pride in the City, thanked staff for their
hard work, and reported on events and activities they attended over the past weeks
9. Adjournment
There being no further business to come before Council, Mayor Starker adjourned the
Study Session at 8:36 p.m.
_________________________________
Margy Greer, Sr. Deputy City Clerk
_________________________________
Korey Stites, Mayor Pro Tem
City Council Meeting Minutes
CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING APRIL 28, 2025 Note: This meeting was conducted both as a virtual meeting and hybrid, where some
members of the Council or City staff were physically present at the Municipal building, and some members of the public attended in person as well. Eight members of Council were present in Council Chambers for this session. Before calling the meeting to order, Mayor Starker stated the rules and procedures necessitated by this meeting format. 1. Call to Order Mayor Starker called the Regular City Council Meeting to order at 6:30 p.m. 2. Pledge of Allegiance Those present stood and recited the Pledge of Allegiance to the Flag.
3. Roll Call Council Members present: Jenny Snell, Scott Ohm, Rachel Hultin, Amanda Weaver, Korey Stites, Janeece Hoppe, Leah Dozeman and Dan Larson.
Absent: None. A quorum was established. Also present: City Manager Patrick Goff; Public Work, City Attorney Gerald Dahl,
Deputy City Manager Allison Scheck, Police Chief Chris Murtha, Parks and Recreation, Community Development Director Lauren Mikulak, and Sr. Deputy City Clerk Margy Greer 4. Approval of Minutes
Study Session Notes, April 7, 2025 City Council Meeting Minutes, April 14, 2025 Notes and Minutes stood as presented. 5. Approval of Agenda
Without objection or correction, the agenda stood as presented. 6. Proclamations A. Mayor Starker proclaimed May 4-10, 2025, 56th Annual Professional Municipal Clerk’s Week and read the proclamation into the record
B. Mayor Starker proclaimed the Month of May 2025, Older Americans’ Month and read the proclamation into the record.
7. Public’s Right to Speak Public Comments posted on Wheat Ridge Speaks:
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Fran Langdon
Apr 28, 2025, at 11:18am
3570 Miller street Wheat Ridge , 80033
Comment : It is a very sad comment on planning in Wheat Ridge to see what will
happen to the Lutheran property. Yes, there were “organized” meetings and surveys to
gather input —organized with leading questions that make you think your opinion counts
but “planners” already know what they want to see developed on a site. It may be off
record, but we know developers and real estate brokers talk to City planners.
Developers don’t just toss money after projects they don’t know will happen. Look at the
consultants that the City continues to employ to conduct surveys and organize input
meetings. Just attend one of the many “ put your post it note the poster type” of
study/input sessions and you’ll see how data is gathered on ANY issue/ project in
Wheat Ridge Then watch how 300 or so total participants over a period of months
become “the majority of Wheat Ridge residents” Yes, there was a ballot issue with
threats that non-passage of the issue would result in a blighted site in the City. And we
need to remember that the data is % of people who voted, NOT % of residents or
property owners in the City — let alone property owners who live right near the site.
Wheat Ridge had a great opportunity to develop a 100+ acre site into the quaint
downtown area we have been trying to find since Wheat Ridge 2020 was funded. We
COULD HAVE maintained the small, single-family houses with yards so popular in the
older sections of our City. We know these houses are popular as they are sought after
and sell quickly. As one person said, we COULD HAVE maintained the quality and
uniqueness that WAS Wheat Ridge. Instead, we are settling for just another California
style, high density apartment-condo-townhouse high rise development that we see
being crammed onto any piece of property in Denver, Aurora, Arvada, Lakewood,
Golden and in our “ once quaint” Wheat Ridge. Drive ( or as Council members would
like —take the bus or bike) by the former Target on Colfax, the former Kmart and Chuck
E Cheese in Arvada, the former Westminster mall, the Jolly Rancher site, the Belmar
development, sadly the Loretto Heights property on Federal. There is no history left
behind. The developers at Loretto Heights promised to maintain the character of this
historic site as they were ripping out the trees, tearing down the dorms, moving grave
sites and developing high density high rises right to the edge of property lines in every
direction — totally dwarfing the historically designated building the developer HAD to
leave behind. The residents of Denver watched things like this happen. They united and
fought a similar proposed development of the Park Hill golf course. Maybe it helped that
a former Mayor helped them!!! Maybe they paid attention to recent reports that we are
overbuilding high density high rises. Maybe they saw that FAMILIES are moving to
Loveland, Brighton, Firestone, Windsor so they can live in a house with even a small
yard rather than live in a high rise built five feet apart remembering that Covid social
distance was six feet !!! Maybe they realized a fire would be devastating with units so
close together. I understand the new development at 44th and Kipling is being called
The Stacks. How appropriate since we are doing just that —stacking people into
“elevator shaft” style houses stacked 3+ stories tall. These are not designed for young
families who would run up and down stairs to take care of babies. They are not
designed to encourage families with kids who want to play in their own yard. They are
not designed to maintain the once-quaint quality of life we call Wheat Ridge. It is
probably too late to do anything about the Lutheran property. The City vision has
changed without us really noticing. Sadly, it’s all about dollars and cents and “ pats on
the back” and that’s just what’s controlling decisions in our City. Thank you for listening.
A really long time Wheat Ridge resident
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Cody Hedges
Apr 27, 2025, at 11:30pm
Address: 3532 Ingalls St Wheat Ridge, 80033
Comment: I would like to write in support of this ordinance for the rezoning of the old
Lutheran campus. The City of Wheat Ridge has spent the last several years thoughtfully
engaging the public to prepare a master plan for the area and gaining approval from the
citizens to pass a charter amendment to lift the height restrictions in this area. They also
created a zone district to reflect the desires that the people of Wheat Ridge described
during participation in the master plan process. By this point, the people have shown
their support for this plan. However, there appears to be an effort to smear this work by
referring to it as “low-income” housing. I sincerely hope that this City Council recognizes
that all people, regardless of their income, should have a decent place to call home. And
that the mix of housing options that can be made available by this development,
whether market rate or affordable, will be a net benefit to the City of Wheat Ridge and
allow a greater number of people the opportunity to live a fulfilling life in our City. As a
part of the greater Denver metro, we also have a responsibility to grow in a healthy
manner that helps us meet our housing opportunity goals in order to support the future
success of both the City of Wheat Ridge and the greater metro area. If built as planned,
the former Lutheran Campus will help do just that. So, I hope this City Council chooses
to do what is both right and needed and pass that ordinance rezoning this area so
redevelopment opportunities can begin to take shape. Thank You.
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Kathleen Martell
Apr 28, 2025, at 7:28am
Address: 6455 W 31st Avenue Wheat Ridge, 80214
Comment: As a 25-year resident of Wheat Ridge who participated in the development of
the Lutheran Legacy Campus Master Plan, I appreciate the thorough multi-year process
that the city underwent to get to this point. Residents had multiple opportunities to learn
and provide their input through surveys, open house events, conversations with hard
questions and a wide range of answers, and the resulting Lutheran Legacy Campus
Master Plan provides for thoughtful development while protecting the Blue House and
the chapel, requiring open space and public use. I am encouraged as 68% of voters
voted in favor of changing height restrictions on the Lutheran Legacy Campus. And I do
realize that not everyone will get everything they want with this plan. But this plan is an
excellent roadmap for utilizing this large property to the fullest for current and future
Wheat Ridge residents. I encourage council to please continue with the rezoning plan
as it is written. It follows the direction of the community-led process and strikes the right
balance between preserving our community character and creating future opportunities.
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Celia Daly
Apr 27, 2025, at 9:10pm
Address: 3501 Sheridan Blvd Wheat Ridge, 80212
Comment: I support this rezone because it’s based on the community-led master plan,
and I see no reason to go against that. It keeps low-density, single-unit housing around
the perimeter of the campus, preserves the blue house and chapel, and dedicates 20%
of the private property to be used for public open space. Further, it’s important that a
plan is agreed to, or all the hard work and opinions of the community could be ignored.
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Kimberly Peters
Apr 27, 2025, at 7:03pm
Address: 3290 Cody Court Wheat Ridge, 80033
Comment: Can you please explain how you know that we are being misinformed? Have
you heard differently, or do you have documentation showing what is actually planned
for the old ELMC campus? Until I see something official, I am going to rely on the
information I received from the notice that was distributed. Also, I want to be clear that I
do care about the impact of low-income housing in Wheat Ridge. I am concerned about
how it could affect our property values. Many of us have lived here for 20, 30, even 40
years, and we are invested in maintaining the quality and character of our community.
There are many areas in and around Denver that already offer low-income housing
options. I strongly believe Wheat Ridge should be thoughtful about how any new
developments will affect the community long-term.
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Amanda Fixsen
Apr 27, 2025, at 1:46pm
Address: 3685 Allison Court Wheat Ridge, 80033
Comment: I am concerned that there are misinformed residents within 100 feet of the
proposed MC-LLC area. I am receiving flyers from a neighbor that tells residents that
the new zoning includes High-Density Low-Income housing. To my knowledge this is not
a part of the zoning. This is a fear tactic to make neighbors uneasy. And, even if low-
income housing is / was a part of the MU-LLC zoning, I would still be in full support of
having a range of housing options that are inclusive for all Wheat Ridge residents, and
for various income levels. This misinformation from a neighbor that I am seeing is
dangerous and mis-leading to residents who may not have had the time to be deeply
informed and involved in this process. I look forward to the zone change to MU-LLC
being successful and appreciate our city council for their time and talents.
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Mindy Mohr
Apr 27, 2025, at 9:10am
Address: 11570 W 70th Pl Unit A Arvada, 80004
Comment: I am writing as a neighbor in Arvada, who is concerned about the lack of
workforce housing throughout Jefferson County. In November 2023, 67% of Wheatridge
residents approved a five-story height limit on the center of the site. This reduces the
building heights allowed by current zoning – both lowering residential maximum height
in the areas closest to the existing neighborhood and limiting the height of buildings in
the campus interior to 5 stories. If we don’t honor the will of voters and zone the
campus, we will most likely end up with high-priced, single-family homes This zoning
aligns with the Lutheran Legacy Campus Master Plan, shaped by 1,200 residents
through surveys, public meetings, and workshops; this ensures that development
follows the community's vision, rather than being dictated by a developer. Please
continue to honor this zoning change!
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Chuck Reid
Apr 26, 2025, at 9:07am
Address: 601 16th Street 447 Golden, 80401
Comment: Thank you for your continued efforts to ensure a wide variety of Wheat Ridge
residents will be housed in this development. Viable communities include a broad mix of
housing options and your commitment to housing people within the entire housing cost
spectrum is appreciated.
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Andrew S Rasmussen
Apr 22, 2025, at 5:24pm
Address: 4465 Moore Ct Wheat Ridge, 80033
Comment: I know that there is a substantial, vocal minority in our city that would love to
block any progress on the redevelopment of the Lutheran Legacy Campus. I would
implore the members of City Council to listen respectfully to their pleas, and then
continue the fine work that has been ongoing in this matter for a long time now and was
approved by the voters of our city by about a 2 to 1 margin. Please listen to the voters.
Thank you.
Item No. 1 - ORD - Lutheran Legacy Campus Zoning
Braden Demmerly
Apr 23, 2025, at 12:37pm
Address: 7035 W 43rd Ave Wheat Ridge, 80033
Comment: This seems like it would be a good reuse of the current area. I look forward
to seeing the mixed use that goes in here!
Public Comments – Via Email
Lloyd Levy – resident – Email attached.
Public Comments – In Person
Valerie Beck – resident – asked people to complete the survey regarding keeping the
Anderson Pool and spoke about the Piranhas Swim Team and summer swim events.
Sandra Sands – resident – spoke about the noise emitted from a local car wash and
asked Council to do something about it.
Jenne Cessar – asked for assistance with creating zoning for private community
reservable outdoor space for people to use to allow their dogs to roam off-leash.
Rolly Sorrentino – resident – spoke about the City Council’s credibility regarding zoning
issues, in particular multi-use zoning and the lack of multi-use within the zones. He
stated it goes to the credibility of Council when Council passes ordinances and don’t
keep promises.
Jan Facinelli – resident/business owner – spoke to Council asking for assistance
regarding the noise being emitted from the car wash across the street from her home.
She stated the decibels are one thing, but the constancy of the noise wears her down.
Anne Brinkman – resident – stated they have coffer dams on their street where in the
past, engineers had dug into the aquafers. The dams are supposed to hold the water
back, but they are in need of cleaning and without cleaning will cause bad odors.
Betty Jo page – resident – stated there is an opportunity for the city to buy a trolley
which use to run in Wheat Ridge. It is in need of repair, but she stated she hopes the
city will follow up on it.
Gretchen Josten and Greg Primavera – residents - thanked police staff for their help
with the noise being emitted from the car wash. Ms. Josten stated that the consistency
of the noise is the problem. The car wash noise is affecting their lives.
City Manager Patrick Goff stated that the car wash has been cited for a noise violation.
The court date is Thursday, May 1st. Staff is working with the business in an effort to
resolve the problem. There is a pre-mediation session being held prior to their court
appearance. Mr. Goff stated that hopefully, there will be a decision made after that.
8. CONSENT AGENDA
None.
PUBLIC HEARING ORDINANCES ON SECOND READING 9. 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 read the Bill Title into the record.
Mayor Starker stated that the ordinance is on second reading and stated it was continued from the April 14, 2025, Meeting. He reconvened the public hearing.
Lauren Mikulak, Director of Community Development, stated that she would be
presenting the case along with Scott Cutler, Senior Planner. Mikulak entered into the record the contents of the case file, the zoning ordinance, the comprehensive plan, and the digital presentation which was given at the meeting. She stated that property is in the City of Wheat Ridge, all appropriate notification requirements have been met, and
the City Council does have jurisdiction to hear this case.
Lauren Mikulak then gave a PowerPoint presentation, stating the Lutheran Legacy Campus rezoning was a city-initiated zone change of the Lutheran Campus to the Mixed Use – Lutheran Legacy Campus (MU-LLC) zone district. She reviewed the
timeline and history including the Master Plan for the Campus which was adopted after
months of public engagement (April to October 2021). She spoke to the key community expectations and goals which include public open space, integration of existing assets (chapel, blue house, ditch), mix of housing types, and development on the perimeter to serve as a buffer and transition between the campus and the adjacent neighborhoods;
integrate office and civic uses; and to provide neighborhood-serving retail without
competing with 38th and Wadsworth. Mikulak stated that in May 2024 Council passed a resolution in support of a legislative zone change for the campus to catalyze investment in the site. She gave a summary of
the public engagement which included: 3 public open houses, 4 intercept events; 3
presentations to community groups; 2 rounds of polling, 12 City Council and Planning Commission meetings; mailing of multiple letters and postcards; and gathering comments from the “What’s Up” Wheat Ridge website and emails.
She stated that on the November 5, 2024, Election voters approved 2C, a charter amendment with 67% support to modify allowed building heights on campus: cap
building heights to 30’ on perimeter from 35’ and cap building heights to 5 stories (70’ max) in the middle. January 27, 2025, Council approved zoning regulations for the campus (MU-LLC zone district). She said the city-initiated zone change allows for public discussion during the process; will help the city achieve the vision of the Master Plan and align zoning with that plan; and puts the creation of zoning regulations with the
City, not the developer. Scott Cutler reviewed the zone districts by showing maps of the current zoning and the proposed MU-LLC zoning. The MU-LLC zoning allows for a mix of housing types and building heights, with lower/less-dense housing on the perimeter and taller buildings in
the middle; substantial public open space requirement (nearly 20% of the land); requires mix of uses (residential, open space, commercials, etc.); requires commitment to preserve/rehab existing structures of historic significance (blue house, etc.) aligns with the approved Lutheran Legacy Campus master Plan and the vision for the campus.
Cutler showed the Master Plan diagram and the proposed zoning for same. He showed
the proposed zoning, stating multi-unit apartments are not allowed in Zone 1; multi-unit apartments are only allowed conditionally in a part of Zone 4. He stated that regarding public notification: letters were sent tall owners and residents
with 1000’ of the campus, postcards were letters were sent to property owners within
rezoning boundary; signs were posted on the perimeter of the campus; emails were sent from “What Up Wheat Ridge” in January to 389 people with project update and future dates, re-sent in April sent after hearing date as changed; and 10 comments were collected on Wheat Ridge Speaks.
Mikulak stated that staff recommended approval of the zone change and the Planning Commission recommended approval after a hearing on February 20th. Public Comment
In-Person Tracy Martin – resident – spoke against high-density low-income housing at the Lutheran Legacy Campus and in opposition of the proposed rezoning.
Virginia Avery – resident – spoke about her concerns and stated she hoped Council would consider everyone’s homes when making these decisions. Valerie Beck – resident – spoke in favor of the proposed rezoning.
David DiManna – resident – spoke in opposition of the proposed rezoning and spoke to the rewriting of the zoning ordinance in Denver and how it did not turn out the way it was expected to.
Kelly Blynn – resident – spoke in favor of the proposed rezoning stating the comprehensive public outreach that went into the planning. Mark de la Torre – resident – spoke in support of the proposed rezoning.
Morgan Richards – resident – spoke in support of the proposed rezoning. Gene Pastor – resident – stated he hoped they are kept highly-informed about what will happen on the Campus. Some folks are unhappy with what they have heard so far.
Sandra L. Simpson – resident – stated she hoped the plan would include a buffer of some type for the Lutheran Parkway/Balsam Street area. Jennifer Gibbs – resident – spoke in support of the proposed rezoning due to having
more walkable connectivity. The plans are helpful to both residents and the city.
Rose Kaffer – spoke in favor of home ownership, not apartments. She spoke about the need for different types of housing, and she liked the walkability plan for the area.
Gino A. Quintana – resident – spoke about his concerns about high-density low-income
housing and asked how many there would be. He stated he also heard that the land has already been sold, and they are ready to break ground. He voiced his concern about traffic, wildlife, and noise.
Adam Casey – resident – stated it is important that the city honor the promise the voters
asked them to keep when it was voted on in November. He stated his support for the proposed rezoning. Kristine Disney – resident – stated she continues to support the plan for the project.
She recognized the unprecedented effort that went into keeping the residents involved
and informed about every aspect of the project. She stated there is a great need for housing in the area. She stated her support for the proposed rezoning. Angela Mateus – resident – Spoke about her concerns about the proposed zoning,
stating what is down on paper isn’t necessarily what happens in reality. She asked
Council to take into consideration the legacy they may be leaving behind. Dorothy Archer – resident - stated she was not against the project but was against the high-density zoning.
Elise Brougham – resident - spoke in opposition to the rezoning proposal.
Brandi Causey – resident – stated her concern about the difference between a binding agreement and stringent guidance and turning plans over to a developer to determine this. She stated there is an opportunity to create a downtown that is memorable and
leave a legacy. She asked if someone could address whether the property had already
been sold. Justin Slocum – resident – asked council to consider what low-income housing will bring to the city and that the city has a choice. He asked council to consider their decisions
wisely.
Kim Calomino – resident - spoke in favor of the proposed zoning, talking about the thoughtful approach that went into the zoning proposal.
Lindsay Burney – resident – spoke in support of the rezoning proposal and the strong
plan behind the zoning. Sheri Jaraczecki – resident – stated her concern about the high-density proposal and cautioned the city not to over-build.
Liz Veeder – resident - spoke in support of home ownership. People want neighborhoods with lawns and space and have a neighborhood watch to help build friendships. She asked for R-1 and R-2 to be included in the zoning proposal.
Carol Mathews – resident – read a quote from the 2008 Neighborhood Revitalization
Study stating what the community wanted for the future of Wheat Ridge, stating six key values. She stated the high-density and no requirements for off street parking is an issue.
Julia Reese – resident – spoke in opposition of the proposed zoning. She spoke to the
relationship needed of business customers in order for businesses to survive. Home ownership provides stabilization in the neighborhood. She stated the city has a fiduciary responsibility to homeowners, business owners, and the community of Wheat Ridge, not SCL and the developer.
Marianna Storck – resident – spoke in support of the rezoning. She spoke to her about traffic, affordable housing, and spoke in favor of beautiful housing. She stated this is an opportunity to embrace this change.
Katie Zaback – resident – thanked Councilor Hultin for her visit to Stevens Elementary
regarding safe walking and biking. Zaback stated the new Green in front of Stevens was nervous about that development, but the city made everything so easy on everyone. The proposed project is a testament to how far the city has come in engaging the residents in the process. She spoke in favor of the proposed zoning.
Walter Kordziel – resident – spoke in opposition of the proposed rezoning. He stated that density, setbacks, and heights can change.
Joann Sorrentino –resident - spoke in opposition of the proposed zoning. Other developments in the area are department complexes and they do not offer anything to
the people who live there. She spoke in favor of smaller homes and small yards, not
large apartment complexes. Rolly Sorrentino – resident – spoke in opposition of the proposed rezoning. He stated Lutheran Campus is the last jewel in the city and the proposal is to eviscerate it. He
had audience members who were opposed to stand up. He stated that the council does
not represent their constituents anymore. He said the best thing would be to make it a park and eliminate high-density, high-rise apartments there. Andrea Burch – President of Lutheran – stated she represents the essential workers at
the hospital. Many of the entry level workers that support the hospital cannot afford to
live in Wheat Ridge. She urged Council to move forward with the proposal to build affordable housing in the community. Betsy Coppoch – resident – stated she participated in the Master Plan and felt proud of
the work that was done. She spoke in support of the proposed zoning.
Maureen Van Houw – resident - stated this is an opportunity to provide diverse opportunities for the community. She spoke in support of the proposed zoning.
Nikki Larsen – resident – spoke in support of the proposed rezoning. She stated that
the Plan came from the community. Alicia D. Bennett – resident – spoke in opposition to the high-density plan mainly because of the traffic it will cause.
Anne Brinkman – resident – spoke in support of the rezoning proposal. She spoke about the cost of living and the need for affordable housing. She asked council to trust the community, the staff, and the vote of the people.
Alan Bucknam – resident – spoke in favor of the rezoning proposal, in particular in
support of the 20% land set aside for open space. Betty Jo Page – resident – stated that the community was heavily notified, and people should not say they didn’t know what was happening. She spoke in support of the
proposed rezoning.
Sandy Nance – resident – spoke in support of having a historic zone to save some of the buildings on the site. She stated that the historic designation can be done only if the owner and city sign off on it.
Shirley Nelson – resident – stated she liked many of the aspects of the plan, but she is concerned about the high rise of the buildings which does not fit into the rural feel of the community. She also spoke about concerns regarding lack of off-street parking.
Ryan Goold – resident - spoke in favor of the proposed rezoning. He stated he is passionate about community engagement and has followed the process and spoke to the excellence of the staff and the well-thought plan that was produced.
Via Zoom Daniel Findlay – resident – stated he wants the vision to be realized. He stated there is one chance for the city to get it right. He asked council to please hold people to the fire, so the vision is actually realized.
Mayor Starker recessed the meeting at 8:50 pm and reconvened the public
hearing at 9:05 pm. Council Member Hoppe – In the R1 and R2 buffer zone, she asked what wiggle room is there in that to not be for what is zoned in the area. Lauren Mikulak stated that the low-
density overlay has no wiggle room. She stated the purpose of using a mixed-use zone district is very prescriptive with definitive dimensions and very limited allowances for variances. What is in the code today regarding the overlay will dictate what will happen if the property is rezoned. In answer to another question from Hoppe, Mikulak stated no building can be within 30’ of the eastern boundary and the first row of development must
comply with the low-density overlay. Hoppe asked what is contained in part of Zone 2 is required retention of the chapel and the blue house. She asked what would happen behind those buildings. Mikulak stated there is more flexibility in that middle of the campus in zones 2 and 3. Since there is no developer at the table and no site planning being done at this time, there are a few things that could happen in zone 2 including
residential, office, or civic. Also, not knowing what would happen with the existing building which is about 150’ back will remain in whole or in part, just because we are not sure at this stage. Mikulak stated that zoning rules determine what you can do with your property and describes what something looks like. The zoning requested tonight ensures that any development will follow those rules, which is about 50 pages of
detailed descriptions. Once zoning is in place, the next step is to review any development. Because the property has been around for over 100 years, a subdivision plat, a concept plan, and then the site plan is submitted. Public outreach is a part of those plans.
Mayor Pro Tem Stites – Asked for clarification on statements he heard made from audience members. He asked if someone was able to build a 70’ single family home on the property. Mikulak stated that it would not be allowed. The setback is the same as the height of the building. With R-1 and R-2 are currently zoned on the west side of the campus, currently people can build a home to a 35’ height limit and with the proposed
zoning it would be 30’. Single units and duplexes are only allowed on this side of the property and the same would be true for proposed rezoning.
Council Member Ohm – Asked for traffic counts currently or in the past. Mikulak stated that she did not have the numbers. She stated that a traffic analysis was done when they did the Master Plan, and it will be required to happen again after the zone change.
The analysis stated that when the hospital was fully active, the traffic then would exceed
the proposed uses. Traffic patterns would probably change, but the total count is not expected to increase. The next step in the process would require a traffic impact analysis. Ohm asked about sidewalk connectivity on 32nd at Lutheran Parkway. Mikulak stated that the entire perimeter of the project would require sidewalks. A safe
connection across to Crown Hill would be good, but how far away from the said property
a developer is requested to perform that work is limited. Ohm asked about the 20% parkland who would be providing the maintenance of those parks. Mikulak stated that the long-term maintenance would not be the responsibility of the city, the developer and proposed Metro District would be liable for the maintenance.
Council Member Dozeman asked how the Master Plan will inform the design and how restrictive or stringent it is and how that process works with the staff and developer. Mikulak stated that the Master Plan does not have dimensional standards. It paints the picture of what the community’s priorities were and how the land uses may be laid out.
The Master Plan is the overall perspective, and the zoning provides very specific rules.
It is very prescriptive. The application process is lengthy and there is a lot of back-and-forth with the applicant until staff is assured that all rules and regulations have been met. She stated that all the documents are open to the public. Dozeman asked Mikulak to speak to affordable and subsidized housing and inclusionary housing. Dozeman
stated that we have an affordable housing plan that was adopted by Wheat Ridge a
couple of years ago and has not yet been codified into the zoning ordinance. When speaking with Intermountain Health it was made clear that the City would like the housing to be available to a mix of incomes. If the inclusionary housing does not get codified, other tools are anticipated agreements with the Urban Renewal Authority and
any potential TIF agreements.
Council Member Weaver – stated that the City does not own this property. She asked why the City couldn’t buy it and make it into a park. Mikulak stated that it is outside the feasibility of the City’s budget. Weaver asked Mikulak to talk about the uniqueness of
working with the owner to do this type of planning in foresight rather than hindsight.
She asked her to speak about the largeness of the development and why the City would want to have it zoned mixed-use. Mikulak stated that Intermountain Health wanted to put this property on the market but since it was zoned for hospital use, they wanted to work with the City to get the best use and realized the need for a Master Plan and
Intermountain paid the $150.000 that it cost. It was a true partnership with the City.
Planning and zoning is what helps the City have better rules, clear expectations, vision, rules that support the vision, rules on the property that has to be followed. Mix of uses came out of the planning process from the residents. 100 acres is approximately 10-12 square blocks and throughout Wheat Ridge, there is mix-used within 10-12 blocks.
Mikulak stated the none of the buildings on the campus are on national or state historic
registration. Lacking those designations, the plans state they are historically significant. After the Master Plan was approved, Council adopted a resolution stating that any
future owner or developer make a good faith effort to reuse those structures. The City has made their expectations clear that those structured be saved and honored.
Mayor Pro Tem Stites asked if the Developer can pay fees in lieu of the parkland
requirement. Mikulak said no. It is non-negotiable. Stites asked if Intermountain could put a fence around the property and not make it available for dog-walking and recreation. Mikulak said yes. Mikulak stated that there was extensive discussion about what the land would look like after the hospital moved. It was decided that putting a
fence around it was not the best option. The property has been maintained well since
the move. A vacant lot would cause more crime than a developed property. Council Member Hoppe stated that once the traffic studies are done, would that be an opportunity for neighbors to request traffic mitigation and potential for a roundabout.
Mikulak stated that the traffic study is not only determining volume, but it is to determine
traffic flows, patterns, and mitigations. Council Member Hultin – asked if there was anything that mandated rentals or could it be for homeownership as well. Mikulak stated that there is no mandate for rental
property. Multi-units as stated in the zoning code could mean apartments or condos,
both rental and owned. Hultin confirmed that nothing changed the density requirements in the charter and code. Mikulak confirmed as well. Changing density on this property would require another vote for a charter change.
Council Member Weaver made a motion to approve Council Bill 06-2025 – an ordinance
approving a city-initiated zone change of the Lutheran Legacy Campus from Planned Hospital Development (PHD), Planned Commercial Development (PCD), Residential-Two (R-2), and Residential-One (R-1) to the Mixed Use-Lutheran Legacy Campus (MU- LC) zone district. It was seconded by Mayor Pro Tem Stites.
Vote: 8 Ayes. 0 Nays. The motion carried. Council Member Hoppe stated that the reason they went for a legislative rezone on the property is so that the community could be involved. If the developer asked for a
rezone, Council would not be able to engage the community on their wishes for the
property. She clarified the number of public meetings, postings, mailings, social media, and website visits which was done intentionally to have the public involvement. She stated this development will be a unique piece of Wheat Ridge’s quilt. She stated she would vote yes on the motion.
Council Member Ohm thanked staff for thoughtfully working on the project, thanked the public and stated that he listened to them. He stated the diversity of building types is well-done. With all the public input and meetings, he stated he would be voting yes.
Mayor Pro Tem Stites stated when he was young, he lived on Allison Court and many
family members live in the area of this hospital. He stated he is sympathetic to the people who live near the property, it is going to affect you the most. No matter what
happens, it will affect those closest to the property. He explained the low-density single-family housing and duplexes being built up against the homes already there. He spoke to the planned retail, commercial, and residential, which will be an asset to the
community. 20 acres of open space will be open to everyone and maintained by the
proposed metro district. Walking and biking connectivity is in the plan. The plan has already been voted on, nothing has changed, council cannot change it. He stated he was going to support the ordinance.
Council Member Hultin told a story about the change that took place when she recently
drove through the neighborhood she grew up in and the amount of change she saw. She stated change is hard. She stated that this is the last big neighborhood in Wheat Ridge, and it will be a great change to the City. However, this plan was very well thought out and it is an opportunity, realizing it will be hard on everyone. She stated
that she will be supporting it and knows the hard work is yet to come
Council Member Weaver stated she would be supporting it because it was such a community process. This plan gives so much of what people want: there is single family; opportunities for less density, higher density; amazing park space; and trying to
save historic spaces. She thanked everyone for the diversity of the comments. She
stated that when she moved to Wheat Ridge, her home was affordable; having affordable housing in Wheat Ridge is important for our future generations. Council Member Snell thanked staff for their commitment to the process and for
listening to the community. She thanked the residents for showing up in chambers and
taking the time to express their opinions. She also stated that there is a sentiment out there that renters don’t care and don’t want to be a part of the community. She stated that there are long-term renters who are a part of the community, are involved in the community and care. She took issue with the comment that renters don’t care about the
community, don’t care about their homes, and crime.
Council Member Dozeman stated that she was born and raised in Wheat Ridge and is raising her boys in her childhood home, which she rents from her parents. She has served two terms on city council, has served on the Carnation Festival for 9 years and
have done many other things. She stated she is grateful to raise her children in a
community that is so tight-knit and cares so much. She stated that prior to being on council, she was a resident who came to council and felt like she wasn’t being heard, that there was a pre-conceived outcome and that her comments didn’t matter. Being on council and going through this process, she stated that council and staff have moved
mountains to ensure that the public engagement process worked and gathered as much
public input as they possibly could. She stated her generation would not be able to afford a house in Wheat Ridge. Bringing affordable housing is necessary She stated she would be supporting this ordinance.
ORDINANCES ON FIRST READING 10. Council Bill No.07-2025 – an ordinance amending the Wheat Ridge Code of Law
concerning membership of the Urban Renewal Authority.
Council Member Hoppe made a motion to approve Council Bill Number 07-2025 – an ordinance amending the Wheat Ridge Code of Laws concerning membership of the Urban Renewal Authority, order it published and the public hearing set for Monday,
May 12, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers. It was seconded by Council Member Ohm. Vote: 8 Ayes. 0 Nays. The motion carried. 11. Council Bill No. 08-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding Freestanding Emergency Departments.
Council Member Hultin made a motion to remove this item from the agenda and have it placed on the May 12th meeting agenda. It was seconded by Council Member Ohm. Mayor Starker removed it from the agenda and asked that it be placed on the May 12th agenda for action.
13. Council Bill 09-2025 – an ordinance amending Section 26-646 of the Wheat Ridge Code of Laws regarding Accessory Dwelling Units and making conforming amendments therewith.
Council Member Hoppe made a motion to approve Council Bill Number 09-2025 – an ordinance amending Section 26-646 of the Wheat Ridge Code of Laws regarding Accessory Dwelling Units and making conforming amendments therewith, order it published and the public hearing set for Monday, May 12, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers. It was seconded by Council Member Ohm.
Vote 8 Ayes. 0 Nays. The motion carried. 14. Council Bill 10-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding Residential Occupancy limits and making conforming
amendments therewith. Council Member Dozeman made a motion to approve Council Bill 10-2025 - an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding Residential Occupancy limits and making conforming amendments therewith, order it
published and the public hearing set for Monday, May 12, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers. It was seconded by Mayor Pro Tem Stites. Vote: 8 Ayes. 0 Nays. The motion carried.
DECISIONS, RESOLUTIONS, AND MOTIONS
15. Resolutions 23-2025 – a resolution in opposition of HB25-1220, Regulation of
Medical Nutrition Therapy.
Council Member Hultin who is Chair of the Legislative Committee, stated that the committee is opposing this Bill due to cost impact it will have on the local grocers.
Council Member Hultin made a motion to adopt Resolution No. 23-2025 - a resolution in
opposition of HB25-1220, Regulation of Medical Nutrition Therapy. It was seconded by Council Member Larson. Vote: 8 Ayes. 0 Nays. The motion carried.
16. Resolution 24-2025 – resolution in opposition of HB25-1300, Workers’ Compensation Benefits Proof of Entitlement. Council Member Larson spoke in opposition to the Bill, stating many areas of concern
and in particular the cost impact it will have on the City of Wheat Ridge.
Council Member Larson made a motion to adopt Resolution 24-2025, a resolution in opposition of HB25-1300, workers’ Compensation Benefits Proof of Entitlement. It was seconded by Council Member Hoppe.
Vote: 8 Ayes. 0 Nays. The motion carried. 17. Resolution 25-2025 – a resolution in support of SB25-030, Increase Transportation mode Choice Reduce Emissions.
Council Member Snell made a motion to adopt Resolution 25-2025, a resolution in support of SB25-030, Increase Transportation mode Choice Reduce Emissions. It was seconded by Council Member Hultin.
Vote: 8 Ayes. 0 Nays. The motion carried.
14. City Manager’s Matters None.
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.
18. Adjournment There being no further business to come before Council, Mayor Starker adjourned the meeting at 10:20 p.m.
_________________________________
Margy Greer, Sr. Deputy City Clerk
_________________________________
Korey Stites, Mayor Pro Tem
PROCLAMATION
MENTAL HEALTH AWARENESS MONTH
MAY 2025
WHEREAS, good mental health is essential to the overall health and emotional well-being of all children, youth, adults and families; and promotes a healthy community; and
WHEREAS, nearly one in four people in our communities experience a mental health condition each year, and
WHEREAS, more than 17% of individuals in our communities experience substance use disorder each
year including alcohol and drug use; and
WHEREAS, the lack of awareness of where to seek support, and stigma against mental health conditions and substance use disorders prevents many people from accessing care; and
WHEREAS, when mental health problems and substance use disorders are detected early and treated,
people can recover and maintain a healthy and independent life; and WHEREAS, increased focus on the prevention of mental health conditions and substance use disorders
among children, adolescents, and adults through screening and early intervention helps reduce suffering and
improves lives, and
WHEREAS, it is imperative that all members of our community, irrespective of age, gender expression, sexual identification, race, culture, ethnic background, education, or economic status, have equitable access to
essential care, support, and services for mental health and substance use conditions; and
WHEREAS, the City of Wheat Ridge is dedicated to improving the health and well-being of its citizens and employees by increasing awareness, ending stigma, and focusing on the integral role of mental health in all our lives.
NOW THEREFORE BE IT RESOLVED that I, Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council do hereby declare the month of May 2025, as Mental Health Awareness Month
and call upon all citizens, government agencies, public and private institutions, businesses, and schools to recommit our communities and resources to increasing awareness and understanding of mental health, providing appropriate and accessible services for all residents, and making mental health a priority.
IN WITNESS WHEREOF, on this 12th day of May 2025.
Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor
PROCLAMATION
NATIONAL POLICE WEEK & NATIONAL PEACE OFFICERS MEMORIAL DAY
WHEREAS, the Congress and President of the United States have designated May 15 as Peace Officers Memorial Day, and the week in which it falls as National Police Week; and
WHEREAS, the people of Wheat Ridge, Colorado have shared their concern and support following the tragic assault of Officer Alan Fischer, who received life threatening injuries while on duty April 13, 2022; and
WHEREAS, it is important to recognize and honor the sacrifice made by those who are injured or who
die in the line of duty; and
WHEREAS, it is important that everyone know and understand the problems, duties and responsibilities of our police department, and that our local law enforcement agency recognizes their duty to service our
community by safeguarding life and property, by providing protection against violence and disorder, and by
shielding the innocent against deception and the weak against oppression or intimidation; and
WHEREAS, over the course of the past 56 years, the police department of the City of Wheat Ridge has grown to be a modern and scientific law enforcement agency which tirelessly provides a vital public service in
partnership with the law-abiding members of our community.
NOW THEREFORE BE IT RESOLVED that I, Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council, call upon all those living and working in Wheat Ridge, and upon all our community’s patriotic, civil, and educational organizations to observe the week of May 11-17, 2025, as
NATIONAL POLICE WEEK Honoring law enforcement officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to our community and, in so doing, have established for
themselves an enviable and enduring reputation for preserving the rights and security of all members of the
community. I FURTHER call upon our community to observe May 15, 2025, as
NATIONAL PEACE OFFICERS MEMORIAL DAY
To honor those peace officers, who, through their courageous deeds, have lost their lives or who have been injured in the performance of their duty
IN WITNESS WHEREOF, On this 12th day of May 2025.
Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor
PROCLAMATION
NATIONAL PUBLIC WORKS WEEK
WHEREAS, the year 2025 marks the 65th annual National Public Works Week sponsored by the
American Public Works Association; and
WHEREAS, our public works professionals focus on infrastructure, facilities, and services that
contribute to a sustainable and livable community for the people of Wheat Ridge; and,
WHEREAS, the Public Works Department manages all assets in the public right of way
including 133 miles of streets, 850 streetlights, 45 traffic signals, and 36 miles of storm sewer as well
as 190,000 square feet of public buildings and 230 vehicles and large equipment in a safe and
efficient manner; and
WHEREAS, this year’s theme, “People, Purpose, Presence,” highlights the three cornerstone
ideals that motivate public works professionals to serve in their communities every day. Meeting the
needs of people is what gives public works its sense of purpose. Many times, public works
professionals will never meet those whose lives have been impacted because when things are going right, no one knows that public works is there. Yet, with or without fanfare, public works is ever
present, working in the background to advance the quality of life for all.
NOW THEREFORE BE IT RESOLVED that I, Bud Starker, Mayor of the City of Wheat Ridge, and
the Wheat Ridge City Council do hereby declare the week of May 18-24, 2025, as
NATIONAL PUBLIC WORKS WEEK
in the City of Wheat Ridge and I urge all citizens to pay tribute to our public works employees and to
recognize the substantial contributions they make to protecting our health, safety, and quality of life.
IN WITNESS WHEREOF, on this 12th day of May 2025.
Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor
ITEM NUMBER: 1a
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION AWARDING A CONTRACT TO ESSENTIAL
CONTRACTORS INC. IN THE AMOUNT OF $300,371 WITH A
CONTINGENCY AMOUNT OF $30,037 FOR A TOTAL
APPROVED AMOUNT OF $330,408 TO CONSTRUCT THE
MILLER STREET STORM WATER IMPROVEMENTS PROJECT
☐PUBLIC HEARING
☒BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
Ten (10) bids were received in response to the city’s Invitation for Bids to construct the
Miller Street Storm Sewer Improvements Project. The lowest responsive bidder was
Essential Contractors Inc. It is recommended that the city enter a contract with
Essential Contractors Inc. to perform the storm sewer main replacement along Miller
Street from 32nd Avenue to 35th Avenue.
PRIOR ACTION:
N/A
FINANCIAL IMPACT:
Funding in the amount of $1,400,000 was budgeted in 2025 within the 2J Bond Fund
(66-102-800-805) to complete emergency storm sewer repairs such as this one.
BACKGROUND:
J&T Consulting, Inc. completed a storm water pipeline inspection for the Miller Street
storm sewer which consists of 18-inch, 24-inch, 36-inch and 42-inch diameter
corrugated metal pipe (CMP) from 32nd Avenue to 35th Avenue. A section of collapsed
pipe was identified between W. 33rd Avenue and W. 34th Avenue which could not be surveyed. The inspection found that sections of the pipe are deteriorated, and the
bottom of the pipe has eroded away between W. 32nd Avenue and W. 33rd Avenue.
Based on these findings, the damaged pipeline does not effectively convey water as
Council Action Form – Miller Street Storm Sewer Improvements Project
May 12, 2025 Page 2
initially installed. The recommended action is to replace portions of the storm sewer.
An Invitation To Bid (ITB) was posted on April 21, 2025. Formal bids for the project were
opened on May 1, 2025. Ten bids were received; however, Stone and Concrete, Inc. was
disqualified since they their bid submittal was incomplete in two sections. Therefore,
the lowest responsive bidder was determined to be Essential Contractors Inc.
A summary of the bids received are shown in the following table:
Bidder Bid Amount
Stone and Concrete Inc. $256,015.00
Essential Contractors Inc. $300,371.00
Civil Specialties $347,927.35
KECI Civil, Inc. $374,274.00
Brock Lagarda-Loya Construction
LLC $434,540.00
Brannan Construction Company $466,118.00
Timber Wolf Excavation $479,190.00
Bedrock LLC $510,198.49
NexCivil Engineering and
Construction LLC $536,580.85
Colorado Civil Infrastructure Inc. $704,755.00
Engineer’s Estimate $241,780.00
Essential Contractors Inc. will have 30 calendar days to complete the project in accordance with the “Notice to Proceed”. The project is scheduled to start in early June
and be completed by early July. This ensures all work is completed quickly to minimize
the risk of the pipes failing further and impacting the roadway.
Written notification regarding the project and the possible impacts will be provided to
Council Action Form – Miller Street Storm Sewer Improvements Project
May 12, 2025 Page 3
affected property owners, in advance of the start of construction.
RECOMMENDATIONS:
Staff recommends awarding a contract to Essential Contractors Inc. in the amount of
$300,371 for the Miller Street Storm Sewer Improvements project, with a contingency
amount of 10% or $30,037 for a total not-to-exceed amount of $330,408.
RECOMMENDED MOTION:
“I move to award a contract to Essential Contractors Inc. in the amount of $300,371
with a contingency amount of $30,037 for a total approved amount of $330,408 to
construct the Miller Street Storm Sewer Improvements project.”
Or,
“I move to deny award of a contract to Essential Contractors Inc. in the amount of
$300,371 with a contingency amount of $30,037 for a total approved amount of
$330,408 to construct the Miller Street Storm Sewer Improvements project for the
following reason(s).”
REPORT PREPARED/REVIEWED BY:
Eric Czaikowski, Infrastructure Project Manager
Kent Kisselman, CIP Program Manager Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
1. Essential Contractors Inc. Contract
2. Essential Contractors Inc. Bid Summary
ITB-25-027-Miller Street Storm Sewer Replacement
CITY OF WHEAT RIDGE
25-027-Miller Street Storm Sewer Replacement
AGREEMENT
THIS AGREEMENT, made this 13th day of May, 2025 by and between the City of Wheat Ridge, Colorado, hereinafter
called "Owner" and Essential Contractors, Inc., 2447 S. Zeno St., Aurora, CO 80013, 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-25-027-Miller Street Storm Sewer Improvements, inaccordance with the 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 $300,371.00.
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 31 days after the date of
the Notice to Proceed unless the time for completion is extended otherwise by written changes to the Contract BidDocuments.
4.The term "CONTRACT BID DOCUMENTS" means and includes the following:
A Signature Page K Agreement B Advertisement for Bids L Payment Bond C Information for Bidders M Performance Bond D Contractor Qualification N Notice to Proceed E Bid Form O Final Receipt F Bid Schedule P Project Special Provisions G List of Subcontractors Q General Provisions H Non-Discrimination Assurance R Addenda I Non-Collusion Affidavit Q Drawings/ Exhibits J Bid Bond S Keep Jobs in Colorado
5.The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions, suchamounts as required by the Contract Documents.
6.Section 2-3 (a) – (e) of the City's Code of Laws is presented below:
(a)Fiscal year. Fiscal year for the city shall commence on January 1 and end on December 31.
(b)Budget contains appropriations. The city council shall annually adopt a budget in a mannerconsistent with the provisions of Chapter X of the Home Rule Charter of the City of Wheat Ridge.Upon the annual adoption by the city council of each fiscal year's budget, levels of authorizedexpenditures from the funds indicated within the annual budget itself and/or the adopting resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constituteappropriations of the amounts specified therein for the purposes specified therein.
(c)No contract to exceed appropriation. During each and any fiscal year, no contract entered into by oron behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall
ATTACHMENT 1
ITB-25-027-Miller Street Storm Sewer Replacement
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: Eric Czaikowski Jahn Castillo
Office Phone: 303-205-7627 720-492-5363
Email Address: eczaikowski@ci.wheatridge.co.us castillo@essentialcontractors.net
Address: 7500 W. 29th Ave. 2447 S. Zeno St.
City, State, Zip Code Wheat Ridge, CO 80033 Aurora, CO 80013
9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project.
10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount.
In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the
Original Contract Amount.
11. Vendor Performance Feedback The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All
ITB-25-027-Miller Street Storm Sewer Replacement
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 ______________________________________ __________ Eric Czaikowski, Infrastructure Project Manager Date Signed
______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed
ITB-25-027-Miller Street Storm Sewer Replacement
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
Essential Contractors, Inc. Gerald Dahl, City Attorney 2447 S. Zeno St. Aurora, CO 80013 ATTEST TO CONTRACTOR:
Authorized Signature
Full Name Signature Title Title
Date Date
ITB-25-027-Miller Street Storm Sewer Replacement
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
Essential Contractors, Inc. (Name of Contractor)
2447 S. Zeno St., Aurora, CO 80013 (Address of Contractor)
A hereinafter called "PRINCIPAL", and
(Name of Surety)
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, ($300,371.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-25-027-Miller Street Storm Sewer Replacement, in accordance with the Contract Bid Documents including:
Base Bid – $300,371.00
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any
authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying
the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
*Insert "a corporation", "a partnership", or "an individual" as applicable.
ITB-25-027-Miller Street Storm Sewer Replacement
IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the
day of , 2025
ATTEST: PRINCIPAL
CORPORATE SECRETARY PRINCIPAL
ADDRESS BY
ADDRESS
(SEAL)
SURETY ATTEST:
SURETY
ADDRESS BY (ATTORNEY IN FACT)
ADDRESS
(SEAL)
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.
ITB-25-027-Miller Street Storm Sewer Replacement
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
Essential Contractors, Inc. (Name of Contractor)
2447 S. Zeno St., Aurora, CO 80013 (Address of Contractor)
A hereinafter called "PRINCIPAL", and
(Name of Surety)
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, ($300,371.00) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-25-027-Miller Street Storm Sewer Replacement, in accordance with the Contract Bid Documents including:
Base Bid – $300,371.00
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants,
terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying
the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
*Insert "a corporation", "a partnership", or "an individual" as applicable.
ITB-25-027-Miller Street Storm Sewer Replacement
IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the
day of , 2025
ATTEST: PRINCIPAL
CORPORATE SECRETARY PRINCIPAL
ADDRESS BY
ADDRESS
(SEAL)
SURETY ATTEST:
SURETY
ADDRESS BY (ATTORNEY IN FACT)
ADDRESS
(SEAL)
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.
ATTACHMENT 2
ITEM NUMBER: 1b
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION TO APPROVE PAYMENT TO BANK OF OKLAHOMA
FOR 2025 PRINCIPAL AND INTEREST PAYMENTS IN THE
AMOUNT OF $5,041,154.16 FOR THE CITY OF WHEAT
RIDGE, COLORADO SALES AND USE TAX REVENUE BONDS,
SERIES 2024
☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
On October 24, 2024, the city closed on Series 2024 Sales and Use Tax Revenue Bonds
in the par amount of $34,845,000 with a net premium of $3,856,048 for a total of
$38,701,048. After cost of issuance and the refunding of the 2017A Bond Series, the
City received a total of $33,345,000 in project funds. The City’s first interest payment for
2025 is due June 1, 2025, in the amount of $1,055,029.16, and the first principal and second interest payment are due December 1, 2025, in the amount of $3,986,125.
Funds to cover the 2025 payments are budgeted in the 2025 2J Bond Fund budget.
PRIOR ACTION:
On September 9, 2024, Council approved Council Bill No.18, Ordinance No. 1803,
authorizing the issuance of the 2024 Bond Series and extending the one half of one
percent (0.50%) increase to the Sales and Use Tax rate as a result of the 2J Ballot
initiative approved by a majority of the registered electors of the city voting thereon at
the November 7, 2023, election.
On August 22, 2016, City Council approved Council Bill No. 17, Ordinance No. 1605, an
ordinance giving notice of and calling for a special municipal election to be held
November 8, 2016 and submitting a ballot question concerning a temporary increase of
one-half of one cent (0.50%) in the City’s sales and use tax rate for 12 years, without
increasing property tax, and the issuance of debt to finance City investment in public infrastructure to facilitate economic development opportunities.
Council Action Form – 2J Bond Principal and Interest Payments May 12, 2025
Page 2
FINANCIAL IMPACT:
The aggregate principal amount of the bonds totals $34,845,000 with a total repayment
cost of $52,639,654.16 by December 1, 2043. The maximum annual repayment cost of the
bonds will not exceed $7,700,000.
The 2025 adopted 2J Bond Fund budget includes adequate funds for debt service
payments. June 1, 2025, is the first debt service payment on the 2024 Bond Series
BACKGROUND:
Council placed a question on the 2023 ballot, Initiative 2J, asking Wheat Ridge voters to
extend the one half of one percent (0.50%) sales tax approved by the voters in 2016 and
increase debt up to $75 million. Initiative 2J passed, and on September 9, 2024, Council
approved the bond ordinance to issue bonds. The first tranche of bonds closed in October 2024 yielding $33,345,000 million in project funds.
The revenues from the voter approved one-half of one percent (0.50%) tax increase are
accounted for in a special fund, discussed below, and will not be released or available
for any purposes except for the project categories listed below and to pay debt service on these bonds and to replenish the reserve fund:
• Sidewalk, bike lane, and street improvements on primary street corridors such as
32nd Ave., 38th Ave., 44th Ave, and Youngfield St.
• Filling sidewalk gaps and other sidewalk repair and replacement with an
emphasis on major pedestrian corridors and routes to schools
• Drainage and floodplain infrastructure improvements at priority locations in the
city
The 2J Fund was established on November 25, 2024. This fund tracks all pledged revenues (the extended one-half of one percent (0.50%) sales and use tax), bond
proceeds and investment earnings, etc. and expenditures (project spending,
administrative costs, debt service, etc.) associated with the new revenue bonds.
RECOMMENDATIONS:
The City entered a Registrar and Paying Agent Agreement with Bank of Oklahoma on
October 24, 2024, which requires the City to transfer principal and interest debt payments to the bank by a certain date, otherwise the City will be in default of this
agreement. Staff recommends approval of this motion.
Council Action Form – 2J Bond Principal and Interest Payments May 12, 2025
Page 3
RECOMMENDED MOTION:
“I move to approve payment to Bank of Oklahoma for 2025 principal and interest payments
in the amount of $5,041,154.16 for the City of Wheat Ridge, Colorado Sales and Use Tax
Revenue Bonds, Series 2024.”
Or,
“I move to deny payment to Bank of Oklahoma for 2025 principal and interest
payments in the amount of $5,041,154.16 for the City of Wheat Ridge, Colorado Sales and Use Tax Revenue Bonds, Series 2024 for the following reason(s)
.”
REPORT PREPARED/REVIEWED BY:
Reed Smythe, Accounting Supervisor
Mark Colvin, Finance Manager
Allison Scheck, Deputy City Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Bond Debt Service
Oct 10, 2024 10:32 am Prepared by Piper Sandler & Co.(City of Wheat Ridge:2024-2024) Page 6
BOND DEBT SERVICE
City of Wheat Ridge, CO (Sales Tax Revenue & Refunding Bonds, Series 2024)
Sales Tax Revenue Refunding & Improvement Bonds, Series 2024
Dated Date 10/23/2024
Delivery Date 10/23/2024
Period Annual
Ending Principal Coupon Interest Debt Service Debt Service
06/01/2025 -- 1,055,029.16 1,055,029.16 -
12/01/2025 3,115,000 5.000% 871,125.00 3,986,125.00 5,041,154.16
06/01/2026 -- 793,250.00 793,250.00 -
12/01/2026 3,455,000 5.000% 793,250.00 4,248,250.00 5,041,500.00
06/01/2027 -- 706,875.00 706,875.00 -
12/01/2027 1,260,000 5.000% 706,875.00 1,966,875.00 2,673,750.00
06/01/2028 -- 675,375.00 675,375.00 -
12/01/2028 1,140,000 5.000% 675,375.00 1,815,375.00 2,490,750.00
06/01/2029 -- 646,875.00 646,875.00 -
12/01/2029 1,200,000 5.000% 646,875.00 1,846,875.00 2,493,750.00
06/01/2030 -- 616,875.00 616,875.00 -
12/01/2030 1,260,000 5.000% 616,875.00 1,876,875.00 2,493,750.00
06/01/2031 -- 585,375.00 585,375.00 -
12/01/2031 1,320,000 5.000% 585,375.00 1,905,375.00 2,490,750.00
06/01/2032 -- 552,375.00 552,375.00 -
12/01/2032 1,390,000 5.000% 552,375.00 1,942,375.00 2,494,750.00
06/01/2033 -- 517,625.00 517,625.00 -
12/01/2033 1,460,000 5.000% 517,625.00 1,977,625.00 2,495,250.00
06/01/2034 -- 481,125.00 481,125.00 -
12/01/2034 1,530,000 5.000% 481,125.00 2,011,125.00 2,492,250.00
06/01/2035 -- 442,875.00 442,875.00 -
12/01/2035 1,605,000 5.000% 442,875.00 2,047,875.00 2,490,750.00
06/01/2036 -- 402,750.00 402,750.00 -
12/01/2036 1,685,000 5.000% 402,750.00 2,087,750.00 2,490,500.00
06/01/2037 -- 360,625.00 360,625.00 -
12/01/2037 1,770,000 5.000% 360,625.00 2,130,625.00 2,491,250.00
06/01/2038 -- 316,375.00 316,375.00 -
12/01/2038 1,860,000 5.000% 316,375.00 2,176,375.00 2,492,750.00
06/01/2039 -- 269,875.00 269,875.00 -
12/01/2039 1,955,000 5.000% 269,875.00 2,224,875.00 2,494,750.00
06/01/2040 -- 221,000.00 221,000.00 -
12/01/2040 2,050,000 5.000% 221,000.00 2,271,000.00 2,492,000.00
06/01/2041 -- 169,750.00 169,750.00 -
12/01/2041 2,155,000 5.000% 169,750.00 2,324,750.00 2,494,500.00
06/01/2042 -- 115,875.00 115,875.00 -
12/01/2042 2,260,000 5.000% 115,875.00 2,375,875.00 2,491,750.00
06/01/2043 -- 59,375.00 59,375.00 -
12/01/2043 2,375,000 5.000% 59,375.00 2,434,375.00 2,493,750.00
34,845,000 17,794,654.16 52,639,654.16 52,639,654.16
ATTACHMENT 1
ITEM NUMBER: 1c
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION AWARDING A CONTRACT TO BRANNAN SAND &
GRAVEL IN THE AMOUNT OF $1,737,966.62 WITH A
CONTINGENCY AMOUNT OF $173,797 FOR A TOTAL
APPROVED AMOUNT OF $1,911,763.62 FOR THE 2025
RESIDENTIAL STREETS PROGRAM
☐PUBLIC HEARING
☒BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
Five (5) bids were received in response to the city’s Invitation for Bids to complete the
2025 Residential Streets Program project. The lowest responsive is bidder Brannan
Sand & Gravel. It is recommended that the city enter into a contract with Brannan Sand
& Gravel to perform the work for the 2025 Residential Streets Program.
PRIOR ACTION:
In 2024 the City contracted with Streetlogix to complete a citywide PCI assessment of
all asphalt roads. Based on the information collected, a Pavement Condition Index (PCI)
map was developed and used to select streets in need of mill and overlay.
FINANCIAL IMPACT:
Funding in the amount of $3,000,000 was budgeted as a part of the Wheat Ridge Next
Chapter 2J Bond Fund (66-103-800-805).
BACKGROUND:
Based on the information collected by Streetlogix, staff developed a list of streets in
need of paving and preventive maintenance. The list was used to create an Invitation to
Bid (ITB) to solicit for contractors to complete the 2025 Residential Streets Program
project.
Council Action Form – 2025 Residential Streets Program May 12, 2025
Page 2
An ITB was posted on April 1, 2025. A pre-bid meeting was held on April 15, 2025, which
was attended by two prospective contractors.
Formal bids for the project were opened on May 1, 2025. Five bids were received; with
the lowest responsive bidder determined to be Brannan Sand & Gravel.
A summary of the bids received are shown in the following table:
Bidder Bid Amount
Brannan Sand & Gravel $1,737,966.62
Asphalt Specialties Company, Inc. $1,862,482.30
Martin Marietta Materials $1,907,405.23
Holcim WCR, Inc. $2,466,870.00
APC Construction $2,579,577.70
Engineer’s Estimate $1,980,708.00
All improvements, except for Independence Street, Harlan Street, W 47th Avenue, and W
29th Avenue, are in the Zone 1 maintenance district.
Brannan Sand & Gravel will have 60 working days to complete the project in accordance
with the “Notice to Proceed”. The project is scheduled to start in late June and will finish
by early October.
Information on the project will be posted to the City’s website and through the City’s social media channels. Additionally, the contractor will be required to provide notification to individually impacted residents.
RECOMMENDATIONS:
Staff recommends awarding a contract to Brannan Sand & Gravel in the amount of
$1,737,966.62 for the 2025 Residential Streets Program project, with a contingency amount of 10% or $173,797 for a total not-to-exceed amount of $1,911,763.62.
RECOMMENDED MOTION:
“I move to award a contract to Brannan Sand & Gravel in the amount of $1,737,966.62
with a contingency amount of $173,797 for a total approved amount of $1,911,763.62 for the 2025 Residential Streets Program.”
Council Action Form – 2025 Residential Streets Program May 12, 2025
Page 3
Or,
“I move to deny award of a contract to Brannan Sand & Gravel in the amount of
$1,737,966.62 with a contingency amount of $173,797 for a total approved amount of
$1,911,763.62 for the 2025 Residential Streets Program for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Daniel Martinez, Project Manager
Kent Kisselman, CIP Program Manager
Maria D’Andrea, Director of Public Works Patrick Goff, City Manager
ATTACHMENTS:
1. Brannan Sand & Gravel Contract
2. Brannan Sand & Gravel Bid Summary
3. Project map of streets
ITB-YR-NUM-Name
CITY OF WHEAT RIDGE
25-022-2025 Residential Streets Program
AGREEMENT
THIS AGREEMENT, made this 13th day of May 2025, by and between the City of Wheat Ridge, Colorado, hereinafter called "Owner" and Brannan Sand and Gravel Company, LLC, 2500 Brannan Way, Denver, CO 80229, 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-25-022-2025 Residential Streets Program, in accordancewith the 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, ($1,737,966.62).
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 72 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 resolutionshall constitute the appropriation of the amounts specified therein for the purposes specified therein.During the course of each fiscal year, approval by the city council of contracts for goods or services,and/or approval of bids for the provision of specified goods or services, shall likewise constituteappropriations of the amounts specified therein for the purposes specified therein.
(c)No contract to exceed appropriation. During each and any fiscal year, no contract entered into by oron behalf of the city shall expend or contract to expend any money, or incur any liability, nor shall
ATTACHMENT 1
ITB-YR-NUM-Name
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: Daniel Martinez J. C. Marvel, Jr.
Office Phone: 303-235-2863 303-534-1231
Email Address: dmartinez@ci.wheatridge.co.us cmarvel@brannan1.com
Address: 7500 W 29th Ave. 2500 Brannan Way
City, State, Zip Code Wheat Ridge, CO 80033 Denver, CO 80229
9. The Contractor agrees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, including specifically the provisions governed by the Equal Opportunity Commission and also to abide by the requirements of the IMMIGRATION REFORM AND CONTRACT ACT OF 1986 and the requirements of the AMERICANS WITH DISABILITIES Act of 1991; and the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 requirements under the Civil Rights Act of 1964, assuring that no person shall on the grounds of race, color, or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project.
10. In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the Original Contract Amount.
In accordance with CRS Title 24, Article 91, Section 103.6, Paragraph 2, Subparagraph a, the City of Wheat Ridge hereby states that funds have been appropriated for this Project in an amount equal to or in excess of the
Original Contract Amount.
11. Vendor Performance Feedback The City of Wheat Ridge has implemented a requirement for Project Managers to assess each vendor’s performance and issue a determination as to whether the City should award the vendor future City contracts. All
ITB-YR-NUM-Name
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 ______________________________________ __________ Daniel Martinez, Infrastructure Project Manager Date Signed
______________________________________ __________ Maria D’Andrea, Director of Public Works Date Signed
ITB-YR-NUM-Name
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
Brannan Sand and Gravel Company, LLC Gerald Dahl, City Attorney 2500 Brannan Way Denver, CO 80229 ATTEST TO CONTRACTOR:
Authorized Signature
Full Name Signature Title Title
Date Date
ITB-YR-NUM-Name
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
A hereinafter called "PRINCIPAL", and
(Name of Surety)
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, ($1,737,966.62) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-25-022-2025 Residential Streets Program, in accordance with the Contract Bid Documents including:
Base Bid – $1,737,966.62
NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, Subcontractors and corporations
furnishing materials for or performing labor in the prosecution of the Work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such Work, and all insurance premiums on said WORK, and for all labor performed in such work whether by Subcontractor or
otherwise, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of
time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change,
extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
*Insert "a corporation", "a partnership", or "an individual" as applicable.
ITB-YR-NUM-Name
IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the
day of , 2025
ATTEST: PRINCIPAL
CORPORATE SECRETARY PRINCIPAL
ADDRESS BY
ADDRESS
(SEAL)
SURETY ATTEST:
SURETY
ADDRESS BY (ATTORNEY IN FACT)
ADDRESS
(SEAL)
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.
ITB-YR-NUM-Name
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
(Name of Contractor)
(Address of Contractor)
A hereinafter called "PRINCIPAL", and
(Name of Surety)
(Address of Surety)
hereinafter called "Surety", are held and firmly bound unto the City of Wheat Ridge, 7500 West 29th Avenue, Wheat Ridge, Colorado 80033, hereinafter called "Owner", in the penal sum of dollars, ($1,737,966.62) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the
Owner, dated the day of _________, 2025, a copy of which is hereto attached and made a part hereof for the Project titled, ITB-25-022-2025 Residential Streets Program, in accordance with the Contract Bid Documents including:
Base Bid – $1,737,966.62
NOW, THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants,
terms, conditions, and agreements of said Contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guarantee period, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the Work to be performed or the Specifications accompanying
the same shall in any wise affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the Specifications.
PROVIDED, FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.
*Insert "a corporation", "a partnership", or "an individual" as applicable.
ITB-YR-NUM-Name
IN WITNESS WHEREOF, this instrument is executed in one part, each of which shall be deemed an original, this the
day of , 2025
ATTEST: PRINCIPAL
CORPORATE SECRETARY PRINCIPAL
ADDRESS BY
ADDRESS
(SEAL)
SURETY ATTEST:
SURETY
ADDRESS BY (ATTORNEY IN FACT)
ADDRESS
(SEAL)
Note: Date of Bond must not be prior to date of Contract. If Contractor is partnership, all partners should execute bond.
IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570, as amended) and be authorized to transact business in the State of Colorado.
AREA 1
Line Item Description Quantity Unit of Measure Unit Cost Total
1
Mobilization & Demobilization
1 LS $39,410.83 $39,410.83
2
Third Party Materials Testing
1 LS $5,469.97 $5,469.97
3 Traffic Control 1 LS $20,958.62 $20,958.62
4 1.5" Milling 32423 SY $1.83 $59,334.09
5 2" Asphalt 3526 TON $74.30 $261,981.80
6 3' Sidewalk 70 LF $30.30 $2,121.00
7 5' Sidewalk 60 LF $48.49 $2,909.40
8 Crosspan (HiEarly)25 SY $181.83 $4,545.75
Total $396,731.46
AREA 2
Line Item Description Quantity Unit of Measure Unit Cost Total
1
Mobilization & Demobilization
1 LS $9,088.78 $9,088.78
2
Third Party Materials Testing
1 LS $4,375.97 $4,375.97
3 Traffic Control 1 LS $20,797.40 $20,797.40
4 1.5" Milling 23573 SY $1.69 $39,838.37
5 2" Asphalt 2564 TON $73.14 $187,530.96
6 3' Sidewalk 200 LF $30.30 $6,060.00
7 5' Sidewalk 10 LF $48.49 $484.90
8
Crosspan (HiEarly)
16 SY $181.83 $2,909.28
9 Double Yellow 132 LF $2.76 $364.32
10 Solid White 57 LF $1.38 $78.66
11
Left/Straight Turn Arrows
1 EACH $518.20 $518.20
12
R Turn Arrows
1 EACH $345.47 $345.47
13
Stop Bar (12" Width)
20 LF $15.55 $311.00
14
Bicycle Shared Lane Markings
16 EACH $431.84 $6,909.44
15 Crosswalk Bars (2'x9')7 EACH $279.83 $1,958.81
Total $281,571.56
AREA 3
Line Item Description Quantity Unit of Measure Unit Cost Total
1
Mobilization & Demobilization
1 LS $18,577.73 $18,577.73
2
Third Party Materials Testing
1 LS $4,375.97 $4,375.97
3 Traffic Control 1 LS $28,662.64 $28,662.64
4 1.5" Milling 37392 SY $1.79 $66,931.68
5 2" Asphalt 4066 TON $74.39 $302,469.74
6 3' Sidewalk 900 LF $30.30 $27,270.00
7 5' Sidewalk 40 LF $48.49 $1,939.60
8
Crosspan (HiEarly)
54 SY $181.83 $9,818.82
9
Double Yellow
1000 LF $2.76 $2,760.00
10 Solid White 2777 LF $1.38 $3,832.26
11
Stop Bar (12" Width)
42 LF $15.55 $653.10
12
Bicycle Shared Lane Markings
58 EACH $431.84 $25,046.72
ATTACHMENT 2
13
PED Lane Markings
19 EACH $431.84 $8,204.96
14
Crosswalk Bars (2'x9')
64 EACH $279.83 $17,909.12
Total $518,452.34
AREA 4
Line Item Description Quantity Unit of Measure Unit Cost Total
1
Mobilization & Demobilization
1 LS $8,674.21 $8,674.21
2
Third Party Materials Testing
1 LS $1,094.00 $1,094.00
3 Traffic Control 1 LS $16,605.68 $16,605.68
4 1.5" Milling 15397 SY $1.79 $27,560.63
5 2" Milling 1674 TON $73.19 $122,520.06
6 3' Sidewalk 350 LF $30.30 $10,605.00
7 5' Sidewalk 20 LF $48.49 $969.80
8
Crosspan (HiEarly)
9 SY $181.83 $1,636.47
9
Bicycle Shared Lane Markings
36 EACH $431.84 $15,546.24
Total $205,212.09
AREA 5
Line Item Description Quantity Unit of Measure Unit Cost Total
1
Mobilization & Demobilization
1 LS $25,973.18 $25,973.18
2
Third Party Materials Testing
1 LS $3,281.98 $3,281.98
3 Traffic Control 1 LS $16,605.68 $16,605.68
4 1.5" Milling 12248 SY $1.79 $21,923.92
5 2" Asphalt 1332 TON $76.54 $101,951.28
6 3' Sidewalk 170 LF $30.30 $5,151.00
7 5' Sidewalk 20 LF $48.49 $969.80
8
Crosspan (HiEarly)
19 SY $181.83 $3,454.77
9
ADA Ramp (Type 2 Curb Ramp Diagonal)
1 EACH $4,606.30 $4,606.30
10 Double Yellow 1830 LF $2.76 $5,050.80
11 Solid White 5536 LF $1.38 $7,639.68
12 White Skips 4050 LF $1.38 $5,589.00
13
Left Turn Arrows
8 EACH $345.47 $2,763.76
14
R Turn Arrows
6 EACH $345.47 $2,072.82
15
Straight Arrows
6 EACH $345.47 $2,072.82
16
Stop Bar (12" Width)
212 LF $15.55 $3,296.60
17
Yellow Crosswalk Bar (2'x9') with Steel Truncated
Domes
4 EACH $279.83 $1,119.32
18
Delineators (Tubular Markers)
28 EACH $172.74 $4,836.72
19
Crosswalk Bars (2'x9')
26 EACH $279.83 $7,275.58
20
Detection Loop (6x40)
2 EACH $5,182.08 $10,364.16
Total $235,999.17
PAVEMENT MAINTENANCE
Line Item Description Quantity Unit of Measure Unit Cost Total
1
Crack Seal (Improvement Zone 6)
LBS $2.87 $100,000.00
Total $100,000.00
* Since qtys were not given, vendor was told to provide per unit pricin
!
!
!
!
!
ATTACHMENT 3
!
!
!
!
!
ITEM NUMBER: 1d
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION 26-2025
TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO
APPROVING THE SECOND AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT FOR THE USE AND
MAINTENANCE OF A REGIONAL CRIMINAL JUSTICE
RECORDS MANAGEMENT SYSTEM
☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The City of Wheat Ridge Police Department is a member of the Records Management
System Consortium (RMSC) along with Arvada, Edgewater, Golden, Lakewood and the
Town of Mountain View. This regional consortium allows for effective and efficient
criminal justice records management beyond what the Wheat Ridge Police Department
could provide on its own.
The Wheat Ridge Police Department was a signatory member of the original
Intergovernmental Agreement at the start of the RMSC, signed January 1, 2015. The
Intergovernmental Agreement before the Council today has been amended to better
serve the involved agencies, incorporate lessons learned over the past 10 years, and to
continue the promise of better records management at a reduced cost to all members. The Second Amended and Restated Intergovernmental Agreement focuses on
addressing RMSC employees and their work structure as well as providing more
structure to the RMSC Board of Directors and the processes and oversight provided by
members.
PRIOR ACTION:
The Council previously acted to approve the RMSC Intergovernmental Agreement to be
effective January 1, 2015.
FINANCIAL IMPACT:
$147,490 is budgeted in the 2025 budget. The Second Amended and Restated
Council Action Form – 2ND Amended and Restated RMSC IGA May 12, 2025
Page 2
Intergovernmental Agreement does not change the participating agencies’
contributions. The City of Wheat Ridge and the Wheat Ridge Police Department pay a
percentage of the total cost based on the number of sworn officers. This funding
formula is the same for each participating agency and will remain constant with the
Second Amended and Restated Intergovernmental Agreement. Agencies pay a “per officer cost” which is equitable across the various agency sizes.
BACKGROUND:
Prior to 2015 each member agency of the Records Management System Consortium
maintained separate systems within their respective agency. The systems had limited functionality and provided very limited access to information. The systems differed by
agency and were generally unable to communicate with each other. Much of the work of
managing the records system was done by hand and verification of incidents,
identification of individuals, warnings and behavioral concerns and a host of other
concerns did not flow from one agency to another effectively.
In 2014, after many iterations of how a regionalized plan might work, a comprehensive
plan was developed. Participating agencies reached an agreement to proceed through
their governing bodies and were successful in creating an Intergovernmental Agreement
that was beneficial to everyone. The Wheat Ridge Police Department presented the
initial Intergovernmental agreement to the Council, and it was approved. Once approved a vendor (Niche) was selected by the Board of Directors and is still currently in use
across all member agencies. The selection of a single vendor for all agencies allows for
cross agency communication, visibility of records throughout, and ultimately a highly
effective records system.
The original Intergovernmental Agreement provided a lengthy template for how the system was to be used, the powers, authorities, duties, privileges, immunities, rights and
responsibilities of each member agency.
The original Intergovernmental agreement, more specifically, and among other things,
stipulated how the board of directors would function as well as how personnel assigned
or employed by the RMSC would be managed and the specific duties of each employee. The agreement also provided for a financial agent (Lakewood PD) and the associated
responsibilities.
The Amended and Restated Intergovernmental Agreement has focused on the above-
mentioned areas as needing updates. The current amendment provides for a more
structured board meeting and a more definitive meeting schedule as well as meeting schedule noticing.
The Amended and Restated Intergovernmental Agreement also moves the financial
agent from the Lakewood Police Department to the Arvada Police Department. This
change was made to share the soft financial costs over time, the current issues facing
Council Action Form – 2ND Amended and Restated RMSC IGA May 12, 2025
Page 3
Lakewood PD and its ability to continue to act as the financial agent for the consortium
and it was also agreed that the largest employers in this group were bust suited to
handle this function.
Lastly, because of a previous employee action, it was determined that a more defined
and detailed path be designated within the Intergovernmental Agreement to facilitate any potential future personnel, performance or supervisory oversight issues.
RECOMMENDATIONS:
The Police Department recommends approval of the Second Amended and Restated
Intergovernmental Agreement
RECOMMENDED MOTION:
“I move to approve Resolution 26-2025, a resolution of the City of Wheat Ridge,
Colorado approving the Second Amended and Restated Intergovernmental Agreement
for the use and maintenance of a Regional Criminal Justice Records Management System.”
Or,
“I move to postpone indefinitely Resolution 26-2025, a resolution of the City of Wheat
Ridge, Colorado approving the Second Amended and Restated Intergovernmental
Agreement for the use and maintenance of a Regional Criminal Justice Records Management System for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Chris Murtha, Chief of Police Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 26-2025
2. Exhibit A Second Amended and Restated RMSC IGA
3. Exhibit B IGA Cost Allocation
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 26
SERIES OF 2025
TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO
APPROVING THE SECOND AMENDED AND RESTATED
INTERGOVERNMENTAL AGREEMENT FOR THE USE AND MAINTENANCE
OF A REGIONAL CRIMINAL JUSTICE RECORDS MANAGEMENT SYSTEM
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, the City is authorized to establish, maintain, and provide law
enforcement services; and
WHEREAS, the City’s Police Department is engaged in emergency response and
other public safety functions that rely on an effective and efficient criminal justice records management system; and
WHEREAS, an effective criminal justice records management system functions to
enhance the ability to identify and manage crime and other incidents, to streamline
management of intelligence information, and to ease preparation for trials and other
courtroom proceedings; and
WHEREAS, the City previously maintained its own individual criminal justice
records management system ("RMS"); and
WHEREAS, on or about January 1, 2015, the City entered into an amended and
restated intergovernmental agreement with the cities of Arvada, Edgewater, Golden,
Lakewood and the Town of Mountain View (the “Previous Agreement”) to combine their RMSs to standardize workflow processes, support more robust crime analysis, better
identify crime trends, and ensure continuity of criminal justice records management
services; and
WHEREAS, the parties have partnered in the creation and maintenance of a
combined, or regional, RMS ("Regional RMS”) through a Second Amended and Restated Intergovernmental Agreement which allows each of the parties to enhance its ability to
consistently utilize and manage criminal justice records; and
WHEREAS, the City Council, upon the recommendation of the Police Chief, wishes
to approve the Second Amended and Restated IGA.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
ATTACHMENT 1
Colorado:
Section 1. The Second Amended and Restated Intergovernmental Agreement
among the Cities of Arvada, Edgewater, Golden, Lakewood, Wheat Ridge, and the Town of Mountain View for the Use and Maintenance of a Regional Criminal Justice Records
Management System, attached hereto as Exhibit A, is hereby approved.
Section 2.
This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 12th day of May, 2025
[SEAL] Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk
ATTACHMENT 2
1
SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT AMONG THE CITIES OF ARVADA, EDGEWATER, GOLDEN, LAKEWOOD,
WHEAT RIDGE AND THE TOWN OF MOUNTAIN VIEW FOR THE USE AND MAINTENANCE OF A REGIONAL CRIMINAL JUSTICE RECORDS MANAGEMENT SYSTEM TABLE OF CONTENTS
1.0 DEFINITIONS .................................................................................................................... 5
2.0 EXHIBITS .......................................................................................................................... 7
3.0 RMSC CREATION; BOARD; MEETINGS ...................................................................... 7 3.1 Creation of RMSC .................................................................................................... 6 3.2 Intent ......................................................................................................................... 6 3.3 RMSC Board Membership and Number of Members .............................................. 6
3.4 RMSC Board Authority ............................................................................................ 6 3.5 RMSC Officers ......................................................................................................... 7 3.6 RMSC Board Meetings ............................................................................................. 7 3.7 Voting and Quorum ................................................................................................... 8
4.0 TERM ................................................................................................................................. 9
4.1 Initial Term ................................................................................................................ 8 4.2 Beginning and End of Terms .................................................................................... 9 5.0 MANAGEMENT OF REGIONAL RMS; COORDINATOR AND ASSIGNED EMPLOYEES ............................................................................................................................... 10
5.1 Regional RMS Coordinator ...................................................................................... 9
5.2 Assigned Employees ................................................................................................11 5.3 RMSC Party Representatives .................................................................................. 12 6.0 FISCAL AGENT; GENERAL FINANCIAL TERMS AND OBLIGATIONS ............... 14 6.1 Fiscal Agent; Duties and Responsibilities .............................................................. 13
6.2 Deposits and Expenditures ...................................................................................... 13
6.3 Annual Financial Report ......................................................................................... 14 6.4 Monthly Financial Accounting ............................................................................... 14 6.5 Unused Funds to Roll Over..................................................................................... 14 6.6 Invoice Procedures and Payment Terms ................................................................. 14
6.7 Access to Financial Records and Reports ............................................................... 14
6.8 Amounts Forfeited .................................................................................................. 14 7.0 RECORDS SHARING AND MANAGEMENT .............................................................. 15 7.1 Management and Use Generally ............................................................................. 14 7.2 Access to Records ................................................................................................... 15
7.3 Records Security ..................................................................................................... 15
7.4 Records Custody and Control ................................................................................. 15 7.5 Sharing of Intelligence Information ........................................................................ 15 7.6 Multi-Jurisdictional Task Force .............................................................................. 16 8.0 RIGHTS OF THE PARTIES ............................................................................................ 17
8.1 Financial Responsibility.......................................................................................... 16
8.2 Voluntary Assumption of Obligations ..................................................................... 16
ATTACHMENT 2
2
8.3 Access to Administrative Reports ........................................................................... 16 8.4 Data Conversion...................................................................................................... 16
9.0 ADDITION OF NEW PARTIES...................................................................................... 17
9.1 Reserved .................................................................................................................. 16 9.2 Eligibility ................................................................................................................ 16 9.3 Process .................................................................................................................... 17 9.4 Status of New Parties .............................................................................................. 17
10.0 COST ALLOCATION, PARTY CONTRIBUTIONS AND PAYMENT TERMS .. 1811.0
REGIONAL RMS EQUIPMENT..................................................................................... 20 11.1 Best Efforts.............................................................................................................. 19 11.2 Maintenance and Support ........................................................................................ 19 11.3 Location .................................................................................................................. 19
11.4 Regional RMS Software - License .......................................................................... 20
11.5 Party Equipment - Conditions of Use ..................................................................... 20 11.6 Connectivity between Party RMS and Regional RMS ........................................... 20 12.0 AMENDMENTS .............................................................................................................. 21 13.0 TERMINATION; WINDING UP..................................................................................... 21
13.1 Individual Party Termination .................................................................................. 20
13.2 Fiscal Agent or Employing Party Termination ....................................................... 20 13.3 Termination for Non-Appropriation ........................................................................ 21 13.4 Termination by Default ........................................................................................... 21 13.5 Termination by Vote of the Members ...................................................................... 21
13.6 Wind-up of Agreement ............................................................................................ 21
14.0 INSURANCE .................................................................................................................... 23 14.1 Insurance for Regional RMS Equipment ................................................................ 22 14.2 Evidence of Insurance ............................................................................................. 22 14.3 Requirements .......................................................................................................... 22
15.0 GENERAL PROVISIONS ............................................................................................... 23
15.1 Previous Agreement of No Further Effect .............................................................. 22 15.2 Additional Documents or Action ............................................................................ 23 15.3 Assignment .............................................................................................................. 23 15.4 Authority ................................................................................................................. 23
15.5 Captions; Construction and Interpretation .............................................................. 23
15.6 Claims or Suits ........................................................................................................ 23 15.7 Counterparts ............................................................................................................ 23 15.8 Dispute Resolution .................................................................................................. 23 15.9 Electronic Disposition of Agreement ...................................................................... 23
15.10 Entire Agreement .................................................................................................... 23
15.11 Force Majeure ......................................................................................................... 24 15.12 Governing Law and Venue ...................................................................................... 24 15.13 Governmental Immunity ......................................................................................... 24 15.14 Independent Agencies ............................................................................................. 24
15.15 Necessary Personnel, Equipment and Facilities ..................................................... 24
15.16 No Third-Party Beneficiaries .................................................................................. 24 15.17 Non-Appropriation .................................................................................................. 24 15.18 Notices .................................................................................................................... 25
ATTACHMENT 2
3
15.19 Severability ............................................................................................................. 25 15.20 Waiver of Breach .................................................................................................... 25
ATTACHMENT 2
4
SECOND AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT AMONG THE CITIES OF ARVADA, EDGEWATER, GOLDEN, LAKEWOOD,
WHEAT RIDGE AND THE TOWN OF MOUNTAIN VIEW FOR THE USE AND MAINTENANCE OF A REGIONAL CRIMINAL JUSTICE RECORDS MANAGEMENT SYSTEM THIS SECOND AMENDED AND RESTATED INTERGOVERNMENTAL
AGREEMENT (the "Agreement"), effective as of __________________________ (the
"Effective Date"), is entered into by and among the Cities of Arvada, Edgewater, Golden, Lakewood and Wheat Ridge and the Town of Mountain View, each of them a Colorado home rule municipal corporation, and all other entities that sign this Agreement in accordance with the requirements herein. The foregoing entities may be hereinafter referred to individually as a "Party"
or collectively as the "Parties."
WITNESSETH WHEREAS, C.R.S. §29-1-203, as amended, permits and encourages local governments
to make the most efficient and effective use of their powers and responsibilities by cooperating
and contracting with other local governments in order to provide any lawfully authorized function, service, or facility; and WHEREAS, each of the Parties is authorized to establish, maintain, and provide law
enforcement services; and
WHEREAS, each of the Parties is engaged in emergency response and other public safety functions that rely on an effective and efficient criminal justice records management system; and
WHEREAS, an effective criminal justice records management system functions to
enhance the ability to identify and manage crime and other incidents, to streamline management of intelligence information, and to ease preparation for trials and other courtroom proceedings; and
WHEREAS, each Party previously maintained its own individual criminal justice records
management system ("RMS") with facilities located in that Party's jurisdiction; and WHEREAS, on or about January 1, 2015, the Parties entered into an amended and restated intergovernmental agreement (the “Previous Agreement”) to combine their RMSs to standardize
workflow processes, support more robust crime analysis, better identify crime trends, and ensure
continuity of criminal justice records management services; and WHEREAS, the Parties wish to continue to have the ability to share criminal justice records information in real time with each other; and
WHEREAS, the Parties have partnered in the creation and maintenance of a combined, or regional, RMS ("Regional RMS" as defined below) that allows each of the Operational Parties to enhance its ability to consistently utilize and manage criminal justice records; and
ATTACHMENT 2
5
WHEREAS, the Parties identified and selected records management system vendor Niche
Technology, Inc. to provide a Regional RMS, including records management software and related
services; and WHEREAS, the Parties desire to continue to cooperate to operate and support a robust Regional RMS; and
WHEREAS, the Parties may, in the future, wish to allow other governmental agencies or entities to join as parties to this Agreement, and to allow those other agencies or entities to use the Regional RMS under the terms and conditions set forth herein or as otherwise agreed upon; and
WHEREAS, the Parties now desire to amend and restate the Previous Agreement in its
entirety. NOW, THEREFORE, for good and valuable consideration, the receipt and adequacy of which is hereby expressly acknowledged, the Parties agree as follows:
1.0 DEFINITIONS In addition to the terms defined elsewhere in this Agreement, the following definitions will apply:
Agency RMS Administrator means each Party's information technology employee designated by such Party to be responsible for the day-to-day maintenance and administration of such Party's individual records management system, its Party Equipment and its connection to the Regional RMS. Each Party will use its best efforts to communicate
to the others the name of and contact information for its designated Agency RMS Administrator. In the event a Party fails to make such a designation, such Party's Agency RMS Administrator will be the director of that Party's information technology department or division. In the event a Party has no designated director of information technology, that Party's Agency RMS Administrator will be its Chief of Police or designee thereof.
Assigned Employee(s) means an employee of a Party designated to work exclusively on RMSC related matters under the direction of the Regional RMS Coordinator. Criminal Justice Record or Records has the same meaning as that set forth in C.R.S. §24-
72-302(4) as may from time to time be amended.
Employing Party means the Party that employs the RMSC Coordinator and/or any Assigned Employees.
Employing Party Liaison means an Employing Party supervisor to which the RMSC Coordinator and Assigned Employees report for Employing Party supervisory purposes. Fiscal Agent means the Party that provides accounting, financial planning and payment services on behalf of the RMSC, the duties and responsibilities of which are more
ATTACHMENT 2
6
particularly set forth in Section 6 herein.
Individual Party Record or Records means any Criminal Justice Record that is not placed
into the Regional RMS by a Party but instead remains solely in the possession or control of that Party. As an example, an investigatory file compiled by a Party that remains solely in the possession of that Party is an "Individual Party Record."
Intelligence Information means evaluated data relevant to the identification of criminal
activity engaged in by an individual or organization reasonably suspected of involvement in criminal activity that meets criminal intelligence system submission criteria as set forth in Part 23 of Title 28 of the Code of Federal Regulations. Intelligence Information is a Criminal Justice Record pursuant to C.R.S. §24-72-302(4) as may from time to time be
amended.
Party Equipment means the components of each Party's individual RMS that are separately purchased, used in or maintained by such Party at that Party's expense and that are necessary to support such Party's connection to the Regional RMS.
Party Representative means the Agency RMS Administrators and Records Custodians of each Party. Records Custodian means each Party's official custodian of Criminal Justice Records as
defined in C.R.S. §24-72-302(8), as amended. Each Party will use its continuing best
efforts to communicate to the others the name and contact information of its designated Records Custodian. In the event a Party fails to make such a designation, such Party's Records Custodian will be the director of that Party's police administrative or support services department or division. In the event a Party has no designated director of police
administrative services, such Party's Records Custodian will be its Chief of Police. The
Records Custodian functions as a Party Representative to the RMSC under this Agreement. Regional Records Management System or Regional RMS means the integrated system of gathering and managing Criminal Justice Records of the Parties that is the subject of this
Agreement and is more fully described herein. The Regional RMS will provide the
functionality necessary to allow the Parties to manage their Criminal Justice Records to provide for full availability of a Party's records to that Party or to another Party's employees.
Regional RMS Equipment means the computer hardware, software, and other equipment
that together provide the backbone of an integrated system for managing the sharing, security, accessibility, use and dissemination of Criminal Justice Records under this Agreement and includes any replacement equipment or new equipment or components made necessary due to technological or other advances in Criminal Justice Records system
management. It also includes any other equipment, goods, or products necessary to the
successful operation of the Regional RMS. Regional RMS Coordinator or Coordinator means the person who is an employee of a
ATTACHMENT 2
7
Party designated by the RMSC to coordinate the maintenance and day-to-day operations of the Regional RMS.
Regional RMS Software means any computer program licensed by Niche Technology, Inc., or any successor vendor used by the RMSC and the Parties in operating the Regional RMS along with any updates thereto or successor versions or releases thereof.
RMSC or Records Management Sharing Consortium means the consortium formed
hereunder to manage the Regional RMS and to develop and implement policies to further the goals of the Regional RMS and this Agreement. RMSC Fund means the account or accounts maintained by the Fiscal Agent as necessary
to facilitate the ongoing operation and administration of the Regional RMS.
2.0 EXHIBITS 2.1 Exhibit A: Jefferson County Regionalized Public Safety and Technology
Consortium: Law Enforcement Records Management System Project Cost
Allocation. 2.2 Exhibit A is incorporated herein by reference for all purposes. In the event of a conflict or inconsistency between the terms of this Agreement and the terms of
Exhibit A, the terms of this Agreement will control.
3.0 RMSC CREATION; BOARD; MEETINGS 3.1 Creation of RMSC. Pursuant to C.R.S. § 29-1-203, the Parties hereby establish a
records management sharing consortium, known as the RMSC, for the purpose of establishing and managing the Regional RMS, as herein provided, and to develop and implement policies to further the goals of the Regional RMS and this Agreement, as more particularly described herein.
3.2 Intent. The Parties’ intent in the creation of the RMSC is to facilitate the sharing of responsibilities and expenses related to the design, creation, maintenance and management of the Regional RMS so as to allow for efficient and effective access to, and management of, Criminal Justice Records by the Parties.
3.3 RMSC Board Membership and Number of Members. Each Party shall designate its Chief of Police, or designee thereof, as a member of the RMSC (each, a "Member", and the Members collectively, the “RMSC Board” or “Board”) who will serve in such position as long as he or she holds the position of Chief. Should a Chief be
unable to serve, such Party's Acting Chief or designee thereof will serve as the
Member for that Party. 3.4 RMSC Board Authority. RMSC Board Members have the following responsibilities and authority:
ATTACHMENT 2
8
3.4.1 Voting authority on any matter requiring Board approval;
3.4.2 Authority to establish RMSC policies, goals, and objectives;
3.4.3 Providing feedback and advice to the Party which employs any RMSC Assigned Employees and the RMSC Coordinator as to the selection, appointment, support, evaluation, discipline, retention, and other
employment and assignment matters related to the RMSC Coordinator and
any Assigned Employees; 3.4.4 Approving expenditures requiring Board approval; 3.4.5 Establishing one or more committees.
3.5 RMSC Officers. The RMSC Board will, on a bi-annual basis, appoint by majority vote a Chairperson (“Chair”), Co-Chairperson (“Co-Chair”), Secretary, and Treasurer. The Chair and Co-Chair shall be Members. The Secretary and the Treasurer may, but are not required to be, Members. One person may serve as both
Secretary and Treasurer. Each such appointment shall be for two years.
3.5.1 Chair and Co-Chair Duties. The Chair shall preside at all RMSC Board meetings. The Chair or their designee may represent the RMSC at other meetings, events, or activities of interest to the RMSC. The Chair may perform and have such additional duties and authority as determined by a
majority vote of the Members. The Co-Chair will perform the duties of Chair when the Chair is absent or otherwise unable to perform. 3.5.2 Secretary Duties. The Secretary shall prepare and maintain RMSC Board
meeting minutes, any RMSC meeting procedures or other documentation
which the RMSC Board determines it should maintain, and contact information for all RMSC Board Members, the Coordinator, and Assigned Employees. The Secretary will communicate timely meeting notices to RMSC Board Members.
3.5.3 Treasurer Duties. The Treasurer shall be a representative of the Fiscal Agent. The Treasurer will oversee and report to the Board on matters related to RMSC finances, expenditures, and other fiscal matters.
3.6 RMSC Board Meetings.
3.6.1 Regular Meetings; Frequency. The RMSC Board shall hold regular meetings. Unless otherwise agreed by the Board, such regular meetings shall be held at least bi-monthly. The Board may establish a regular meeting
schedule by vote, or may determine the date, location, and/or manner of
each meeting at the preceding meeting, with no less than 72 hours notice.
ATTACHMENT 2
9
3.6.2 Manner; Location. Any RMSC Board meeting pursuant to this Section 3.6 may be held in-person, by telephone or virtual conference, or a hybrid of
these, so long as each Member can hear and be heard by the other Members.
In-person meetings may be held at a location within the jurisdiction of any Party as agreed by the Members. 3.6.3 Special Meetings. The Chair may call a special meeting of the RMSC
Board upon no less than 72 hours notice to the other Members. The
Secretary will be responsible to cause notice of a special meeting to be provided to all Members in-person or by electronic mail. Special meetings may be called to address any issue, other than an emergency, that requires additional Board work or study that cannot be adequately completed at a
regular Board meeting.
3.6.4 Emergency Meetings. The Chair may call an emergency meeting without 72 hours prior notice in the event of an emergency that requires immediate action of the Board to ensure the continued functionality of the Regional
RMS or operation of the RMSC. Either the Secretary or the Members
calling an emergency meeting shall cause all RMSC Members to be notified of the meeting as soon as is possible under the circumstances. Such notice may be provided in-person or by phone or other electronic means.
3.6.5 Votes Taken at Emergency Meetings. Any vote taken at an emergency
meeting shall be effective only until the next regular or special RMSC Board meeting. At such subsequent meeting the Board may ratify or rescind any emergency action by a majority vote.
3.6.6 Meeting Procedures. The Board will establish reasonable procedures for
conducting all meetings. Such procedures shall not require reading of the text of meeting minutes, financial statements, or proposed Board actions. In the absence of a meeting procedure or rule, RMSC Board meetings will, to the extent practicable, follow the latest edition of Robert’s Rules of
Order.
3.7 Voting and Quorum. Each Member shall be entitled to one vote on any matter coming before the RMSC Board. The attendance of at least a majority of all Members shall constitute a quorum. Approval of any matter before the RMSC
Board shall require the affirmative vote of a simple majority of the Members
present at any meeting at which there is a quorum, except as otherwise specified in this Agreement. In the event of a tie, the matter or motion shall fail.
4.0 TERM
4.1 Initial Term. Unless sooner terminated as a result of non-appropriation of funds as set forth below, the initial term of this Agreement will run for five years from the Effective Date ("Initial Term"). This Agreement may be renewed for additional five-year periods ("Renewal Term(s)"). Such Renewal Terms will be automatic
ATTACHMENT 2
10
unless this Agreement is terminated as herein provided.
4.2. Beginning and End of Terms. Unless earlier terminated as herein provided, the
Initial Term shall be deemed to have begun on January 1, 2025, and shall extend through and including December 31, 2030, and the first Renewal Term will begin on January 1, 2031.
5.0 MANAGEMENT OF REGIONAL RMS; COORDINATOR AND ASSIGNED EMPLOYEES 5.1 Regional RMS Coordinator
5.1.1 Appointment, cooperation with Employing Party Liaison. The RMSC Board may appoint an employee of a Party as the Regional RMS Coordinator. The Regional RMS Coordinator will report directly to, and take direction from, the Board as to all RMSC matters. Such appointment will be contingent upon the approval of the Employing Party of the
Coordinator. The Employing Party will designate an Employing Party Liaison who will cooperate with the RMSC Board to oversee the Coordinator as an Employing Party employee. 5.1.2 Coordinator's Duties Generally. The Coordinator will be responsible for the
overall Regional RMS configuration and for system maintenance, security and support. The Coordinator will oversee all day-to-day operations of the Regional RMS as set forth herein. The Coordinator will undertake and execute the Board's instructions and directions. The Coordinator will have the administrative authority necessary to perform the tasks and
responsibilities assigned under this Agreement. The RMSC Board may grant to the Coordinator any additional administrative authority deemed necessary by the Board and in compliance with this Agreement. The Coordinator will attend all RMSC Board meetings, unless the Board directs the Coordinator not to attend, or their attendance is excused by the Board.
The Coordinator will make technical and practical recommendations to the Board about the ongoing operation of the Regional RMS. If the Coordinator is unavailable, the Board may designate an acting coordinator. 5.1.2.1 Cooperation with Fiscal Agent. The Coordinator will work with the
Fiscal Agent to ensure financial planning duties are attended to and to assist the Fiscal Agent as set forth in Section 6 to ensure that all reasonable and necessary Regional RMS bills are timely paid. 5.1.2.2 Inventory Management. The Coordinator will create and maintain at
all times during the Initial Term and any Renewal Terms a correct and complete inventory of all Regional RMS Equipment and furnishings. The Coordinator will work with the Fiscal Agent to establish support, maintenance and replacement accounts and schedules for all Regional RMS Equipment, including Regional
ATTACHMENT 2
11
RMS Software, and any other items that are reasonably necessary for the ongoing operation of the Regional RMS.
5.1.2.3 Cooperation with the Party Representatives; Meetings. The Coordinator is responsible for collaborating and cooperating with the Party Representatives to ensure the ongoing efficient and effective operation of the RMSC as well as the security of all
Criminal Justice Records that become a part of the Regional RMS.
To this end, the Coordinator and Party Representatives will meet and confer no less than monthly, at mutually agreeable times and locations, and otherwise on an as-needed basis, for the purpose of reviewing and evaluating the operation of the Regional RMS. Such
meetings may be held in any manner provided by Section 3.6.2.
5.1.3 Coordinate all Cross Agency Activity. The Coordinator will develop protocols that ensure consistent Criminal Justice Records management, to create standardized workflow processes to facilitate ease of use of the
Regional RMS by all Parties, and to coordinate training necessary to ensure
proper use of the Regional RMS by all authorized users in accordance with applicable security procedures and laws. The Coordinator may, subject to the review and approval of the RMSC Board, create any advisory, support, or implementation positions, groups or teams needed to ensure the ongoing
success of the Regional RMS.
5.1.4 Job Description. In addition to the general duties set forth herein, the Regional RMS Coordinator shall be responsible to perform the duties set forth in any job description developed and approved by the RMSC Board
and the Employing Party from time to time. Such job description shall be
maintained by the Employing Party in accordance with its standard personnel policies and procedures. 5.1.5 Annual Evaluation of Coordinator. The Board will annually evaluate the
Coordinator’s work performance in writing. The Board’s annual evaluation
will be reviewed with the Coordinator and provided to the Employing Party Liaison. The Employing Party may incorporate and consider all or any part of the RMSC Board’s evaluation as part of the Employing Party’s regular employee evaluation processes.
5.1.6 Removal of Coordinator. The RMSC Board by majority vote may remove the Coordinator at any time and for any reason. If the Board votes to remove the Coordinator, the Employing Party agrees that it will remove the Coordinator from their assignment to the RMSC.
5.1.7 Recall of Coordinator. The Employing Party may recall the Coordinator at any time and for any reason upon 90 days prior written notice to the Board, unless the Party employing the Coordinator and the Board agree to other
ATTACHMENT 2
12
notification requirements.
5.1.8 Conditions of Service. The Coordinator's work hours and other conditions
of appointment will be as agreed by the RMSC Board and the Employing Party. For the avoidance of doubt, the Coordinator shall be an employee only of the Employing Party. All personnel policies, procedures, rules, and regulations applicable to employees of the Employing Party shall apply in
all respects to the Coordinator while performing RMSC duties. Other than
its obligation to remove the Coordinator, the Employing Party shall retain sole and exclusive discretion to re-assign, discipline, terminate, or exercise any other employment action whatsoever with respect to the Coordinator as an employee of the Employing Party.
5.1.9 Compensation. The Party employing the Coordinator will bear all costs associated with employing the Coordinator including, but not limited to, the Coordinator's salary and benefits. The RMSC Board shall assess an annual fee against the Parties to reimburse the Party employing the Coordinator for
part or all of the costs associated with such employment.
5.2 Assigned Employees. 5.2.1 Appointment. The RMSC Board may request one or more Assigned
Employee(s) from any Party. Upon request of the Board, any Party may
appoint one or more Assigned Employees to work full- or part-time on behalf of the RMSC. The RMSC Board may refuse any person appointed to work as an Assigned Employee. The Employing Party Liaison will cooperate with the Board to oversee any Assigned Employees as employees
of the Employing Party.
5.2.2 Work Assignments, Job descriptions. Each Assigned Employee will work under the direction of the Coordinator and will have the administrative authority necessary to undertake and execute the tasks and responsibilities
assigned by the Coordinator and the Board. The Board may grant to any
Assigned Employee any additional administrative authority deemed necessary by the RMSC and approved by the Employing Party. An Assigned Employee may attend Board meetings at the direction of the Coordinator if approved by the Employing Party. The Employing Party
shall reasonably cooperate with the RMSC Board to develop, review, and
approve any job description(s) for Assigned Employee(s). Such job description(s) shall be maintained by the Employing Party in accordance with its standard personnel policies and procedures.
5.2.3 Eligibility and Employment. Any person serving as an Assigned Employee
must be an employee of a Party at all times during that person's tenure as an Assigned Employee.
ATTACHMENT 2
13
5.2.4 Annual Evaluations. Assigned Employees will be subject to written annual performance evaluations by the Coordinator in cooperation with the
Employing Party Liaison. The annual evaluation will be reviewed with the
Assigned Employee. The Employing Party may incorporate or consider all or any part of the RMSC Coordinator's evaluation as part of the Employing Party’s standard employee evaluation processes.
5.2.5 Removal. The RMSC Board by majority vote may direct the Employing
Party to remove an Assigned Employee at any time and for any reason. In the event of such vote to remove an Assigned Employee, the Employing Party agrees that it will remove the Assigned Employee from their assignment to the RMSC.
5.2.6 Recall. The Employing Party may recall an Assigned Employee at any time and for any reason upon 90 days prior written notice to the Board, unless the Party employing the Assigned Employee and the Board agree to other notification requirements.
5.2.7 Conditions of Service. Assigned Employee work hours and other conditions of appointment will be as agreed by the RMSC Board and the Employing Party. For the avoidance of doubt, Assigned Employees remain employees only of the Employing Party. All personnel policies, procedures, rules, and
regulations applicable to employees of the Employing Party shall apply in
all respects to Assigned Employee(s) while performing RMSC duties. Other than its obligation to remove an Assigned Employee, the Employing Party shall retain sole and exclusive discretion to re-assign, discipline, terminate, or exercise any other employment action whatsoever with respect to an
Assigned Employee.
5.2.8 Compensation. The Party employing the Assigned Employee(s) will bear all costs associated with employing the Assigned Employee(s) including, but not limited to, the Assigned Employee's salary and benefits. The RMSC
Board shall assess an annual fee against the Parties to reimburse the Party
employing the Assigned Employee for part or all of its costs associated with the Assigned Employee's service to the RMSC. 5.3 RMSC Party Representatives.
5.3.1 Designation. Each Party hereby designates its Records Custodian and Agency RMS Administrator, or designees thereof, as that Party's Representatives to the RMSC.
5.3.2 Duties. The Party Representatives will serve as the liaisons to the
Coordinator for all day-to-day administrative, operational and technical issues as appropriate and will use their best efforts to coordinate with the Coordinator on all tasks that are necessary to the ongoing and successful
ATTACHMENT 2
14
operation of the Regional RMS. RMSC Party Representatives will work with the Coordinator to develop and promulgate RMSC policies and
procedures as approved by the RMSC Board. A Party Representative may
attend RMSC Board meetings with approval of the Party employing the Party Representative. A Party Representative may work through the Coordinator with Niche or any successor vendor or vendors as needed to ensure the success of the Regional RMS at the agency level.
6.0 FISCAL AGENT; GENERAL FINANCIAL TERMS AND OBLIGATIONS 6.1 Fiscal Agent; Duties and Responsibilities. One Party will serve as the Fiscal Agent for the Regional RMS, which will work with the Coordinator to establish an annual
financial plan for presentation to and approval by the RMSC Board and to establish
all accounts necessary as the RMSC Fund to facilitate the ongoing operation and administration of the Regional RMS. The Fiscal Agent shall be responsible for the payment of all reasonable and necessary Regional RMS bills approved by the RMSC Board in its annual financial plan and properly funded. The Fiscal Agent
shall pay vendors using funds received from the Parties.
6.1.1 Fiscal Agent as of Effective Date. As of the Effective Date of this Agreement, the City of Arvada will act as the initial Fiscal Agent for the Regional RMS. The RMSC Board may agree to appoint a successor Fiscal
Agent from among the Parties or may rotate the responsibilities of the Fiscal Agent among the Parties. 6.2 Deposits and Expenditures. All funds of the Regional RMS will be accounted for in the Fiscal Agent's financial management system to allow for separate financial
reporting and accurate accountability of all funds received and expended related to
this Agreement. The Fiscal Agent's regular policies, procedures and internal controls will be followed. Additionally, no payment or withdrawals of such funds in an amount over $5,000.00 will be allowed without prior approval of the RMSC Board. Payments or withdrawals of such funds in amounts up to and including
$5,000.00 may be authorized by the Coordinator, if included in the approved
financial plan and properly funded. 6.2.1 Fiscal Agent to Contract. The Fiscal Agent shall enter into such contracts and agreements necessary to procure goods and services required for
operation of the Regional RMS and the RMSC, as approved by the RMSC
Board in its annual financial plan and properly funded, including, but not limited to, the contract with Niche. 6.2.2 Assignment or Other Action Related to Existing Contracts. In the event that
the designated Fiscal Agent changes or as deemed necessary in the best interest of the RMSC, the Board will determine whether to assign any existing RMSC-related contracts from one Party to another, or to take any other action necessary to ensure that such contracts will continue in full force and effect.
ATTACHMENT 2
15
6.3 Annual Financial Report. Unless another date is determined by the Board, the Fiscal
Agent will deliver to the Coordinator, on or before February 28th of each year this
Agreement is in effect, an annual financial report. The annual financial report will include an accounting of all revenues and contributions, including forfeitures, if any, and of any expenses or costs that are related to the operation and administration of the Regional RMS.
6.4 Monthly Financial Accounting. The Fiscal Agent will deliver to the Coordinator each month a written account of revenues and expenditures, including forfeitures, if any, received by the Fiscal Agent and invoices received and paid that month.
6.5 Unused Funds to Roll Over. Except as set forth in subsection 13.6, all unused funds
in any Regional RMS account must be rolled over such that the funds are used to facilitate the operation, acquisition, maintenance and support, or the replacement of Regional RMS Equipment, or otherwise used to facilitate the operation and administration of the Regional RMS.
6.6 Invoice Procedures and Payment Terms. The Fiscal Agent will, on an annual basis, invoice the other Parties for goods, services, fees, charges or assessments related to the operation and administration of the Regional RMS. The Party receiving the invoice must pay the Fiscal Agent the invoiced amount within 30 days of receipt of
the invoice. All such invoices may be transmitted electronically. Any payment
dispute will be handled in accordance with subsection 15.8. 6.7 Access to Financial Records and Reports. All financial records and reports of the Fiscal Agent relating to the administration of this Agreement or the operation and
administration of the Regional RMS will be open to inspection at reasonable times
by all Parties and the public, including an authorized auditor or representative of a Party. Any Party may access and examine pertinent books, documents, papers and records of the Fiscal Agent about transactions related to this Agreement. The Fiscal Agent shall follow its own internal record retention policies and procedures with
respect to such books, documents, papers and records. All records and reports shall
be subject to the Colorado Open Records Act. 6.8 Amounts Forfeited. Should any Party terminate its participation in this Agreement, or be removed as a Party as set forth in subsection 13.4, that Party's contributions
to the RMSC, including all membership, annual or other fees, charges or
assessments, will be forfeited to the RMSC Fund as of the date of the Party's termination, and any such forfeited funds will be used for operation and administration of the Regional RMS.
7.0 RECORDS SHARING AND MANAGEMENT 7.1 Management and Use Generally. Each Party will share its Criminal Justice Records with the Regional RMS as set forth herein. Criminal Justice Records that are shared with or a part of the Regional RMS will be used for law enforcement purposes
ATTACHMENT 2
16
consistent with the welfare and protection of the general public. All records that are part of the Regional RMS will be maintained and kept in accordance with the
provisions of the Colorado Criminal Justice Records Act, C.R.S. 24-72-301, et. seq.
as may from time to time be amended. A Party may maintain Individual Party Records as that Party sees fit. 7.2 Access to Records. Only the Parties' employees or employees of non-Party agencies
or entities authorized by the RMSC may access Criminal Justice Records in the
Regional RMS. All persons with access to the Criminal Justice Records must first pass a background screening process deemed adequate by the RMSC Board. 7.3 Records Security. All authorized users who have access to records that are a part of
the Regional RMS will be trained in and follow the security procedures developed
by the RMSC. 7.4 Records Custody and Control. Each Party will retain custody and control of, and will remain the official custodian of, any Criminal Justice Records it shares with
the Regional RMS.
7.4.1 Release of Records. Neither the RMSC nor the Coordinator will release any Criminal Justice Records pursuant to a request under Article 72 of Title 24 of the Colorado Revised Statutes. Each Party is responsible for responding
to a subpoena or a court order relating to its own Criminal Justice Records.
7.4.2 Sealed or Expunged Records. In the event a Party has shared a Criminal Justice Record with the Regional RMS and that record is then ordered sealed or expunged by a court of competent jurisdiction, the Party that
shared the Criminal Justice Record is responsible for sealing or expunging
that Record in compliance with the court order and applicable laws. 7.5 Sharing of Intelligence Information. No Party will be required to share Intelligence Information as that term is defined in Part 23 of Title 28 of the Code of Federal
Regulations.
7.5.1 Access and Dissemination. Should Intelligence Information be shared with or become a part of the Regional RMS, it will be handled and disseminated consistent with the provisions of the Code of Federal Regulations noted
herein. The RMSC Board may put in place policies and procedures for the
receipt, use, maintenance, security and dissemination of Intelligence Information consistent with the Code of Federal Regulations noted herein. 7.5.2 Custody and Control. Each Party will retain custody of, and will remain the
official custodian of, Intelligence Information. Neither the RMSC nor the
Coordinator will be deemed to be the official custodian of Intelligence Information that becomes a part of the Regional RMS.
ATTACHMENT 2
17
7.6 Multi-Jurisdictional Task Force. Where a Party also serves as the custodian of records for a multi-jurisdictional task force of which that Party is a member, the
Party may opt to share Criminal Justice Records of such task force with the
Regional RMS. Should these records be shared with the Regional RMS, the Party sharing the records may allow any member of such multi-jurisdictional task force access to Regional RMS records on the terms and conditions set forth herein. Under these circumstances, the multi-jurisdictional task force will not be considered a
Party.
8.0 RIGHTS OF THE PARTIES 8.1 Financial Responsibility. The RMSC will not be required to pay any Party's costs
associated with acquiring or maintaining any equipment, hardware or licensed software necessary for that Party to participate in the RMSC. The RMSC Board may agree to pay for expenses incurred by a Party that, in furtherance of the RMSC's purpose, maintains goods or facilities for use by other Parties or for use by the RMSC or that provides services to other Parties. As an example, the RMSC
Board may agree to reimburse a Party for expenses related to ensuring Regional RMS Equipment or facilities used to house Regional RMS Equipment. 8.2 Voluntary Assumption of Obligations. A Party may voluntarily elect to be liable, in whole or in part, for any or all of the debts, liabilities or obligations of the RMSC
at the sole discretion of that Party.
8.2.1 Voluntary Contribution of Equipment or Goods. A Party may voluntarily contribute space, equipment, or other goods needed to operate the Regional RMS. Any item contributed to the Regional RMS by a Party will be returned
to that Party in accordance with Section 10.
8.3 Access to Administrative Reports. Each Party will have access to any RMSC administrative reports or records that may be needed to manage that Party's individual RMS or to assist in or facilitate the utilization of the Regional RMS by
that Party. 8.4 Data Conversion. Each Party may decide how much of its existing data, or existing Individual Party Records, will be converted or transferred into the Regional RMS system. Each Party will use its best efforts to ensure that converted data is complete
and accurate.
9.0 ADDITION OF NEW PARTIES
9.1 Reserved.
9.2 Eligibility. Only entities that are governmental agencies lawfully authorized to provide, establish, maintain and operate law enforcement services and create, keep and maintain Criminal Justice Records are eligible to become a Party.
ATTACHMENT 2
18
9.3 Process.
9.3.1 An entity eligible under section 9.2 desiring to become a Party (an "Eligible
Entity") shall submit to the RMSC Board or the Coordinator a written request to become a Party. 9.3.2 The Eligible Entity shall become a Party only upon the affirmative vote of
at least 75% of the RMSC Board. The RMSC Board may impose upon the
Eligible Entity such terms and conditions deemed reasonable and necessary for such approval. 9.3.3 The new Party must sign a separate signature page to this Agreement, and
any amendments thereto, which states that the new Party agrees to all terms
and conditions of membership in the RMSC. Upon (i) delivery of the signed signature page to the Coordinator; (ii) satisfaction of any terms and conditions imposed by the RMSC Board; and (iii) payment of any RMSC membership, annual or other fees, charges or assessments, such agency or
entity will become a Party.
9.4 Status of New Parties. New Parties will share in all costs associated with the Regional RMS as of the date of the new Party's membership in the RMSC. The Regional RMS may be used by any such new Party in accordance with the terms
set forth in this Agreement for existing Parties.
10.0 COST ALLOCATION, PARTY CONTRIBUTIONS AND PAYMENT TERMS 10.1. Fees, Charges and Assessments. Parties shall be assessed membership, annual or
other fees, charges and assessments reasonably related to the administration and operation of the Regional RMS and the RMSC. All such costs will be allocated to each Party as a percentage of total costs based on the number of authorized sworn employees employed by that Party as set forth in Exhibit A or as otherwise set forth herein. These costs shall include, but are not limited to, payments to Niche or a
successor vendor, costs of infrastructure and system administration, and costs associated with any Assigned Employees and the Coordinator as otherwise provided in Section 5. The estimates of the costs assessed to each original Party are set forth in Exhibit A. All payments will be made to the Fiscal Agent.
10.1.1. Annual Payment Allocations. The Coordinator will, after consultation with the Parties, annually reestablish the number of authorized sworn employees for each Party, and, upon approval of the RMSC Board, readjust the percentage of costs allocated to each Party, if necessary. On that basis, the Coordinator will establish the amounts due from each Party for the
upcoming year.
10.1.2. Annual Invoices, Notice. The Coordinator or Fiscal Agent will invoice each Party the amount or amounts due based on the readjusted and reallocated figures for Niche support and maintenance costs, for infrastructure
ATTACHMENT 2
19
sustainability costs, and for costs related to the Coordinator. To the extent practical, the Coordinator will notify the Parties of these anticipated
payment obligations no fewer than 60 days before payment is due. Each
Party shall pay to the Fiscal Agent the invoiced amount no fewer than 30 days after the date of the invoice to ensure the Fiscal Agent has the funds in place at the time these payments are due to Niche. This readjustment, reallocation and invoice process will continue through the Initial Term and
any Renewal Term.
10.1.3. Milestone or Other Payments. To the extent practical, the Coordinator will notify the Parties of an anticipated Niche milestone event payment or other anticipated payment obligation no fewer than 60 days before the payment
is due. At the time each notification is sent, the Coordinator will also invoice
each Party for that portion of the Party's Niche milestone event payment or other payment obligation. Each Party will pay the invoiced amount to the Fiscal Agent no fewer than thirty (30) days after the date of the invoice to ensure the Fiscal Agent has the funds in place at the time the payment is
due.
10.2 Other Fees, Charges and Assessments. The Parties agree that they while they have made every reasonable attempt to ensure that all costs necessary to operate and maintain the Regional RMS are set forth in Exhibit A, the Parties understand and
acknowledge that there may be unanticipated costs associated with the operation
and/or maintenance of the Regional RMS. The RMSC Board may assess any other fee, charge or assessment reasonably related to operating or maintaining the Regional RMS. Should this occur, the Parties will be invoiced for amounts due in the same manner as set forth in this Section 10.0 with all payments made to the
Fiscal Agent.
10.3 Addition or Termination of Parties. Should a Party be added to this Agreement under section 9.0, or should a Party terminate its participation in or be terminated from this Agreement under section 13.0, the Coordinator will, after consultation
with the Parties, reestablish the number of authorized sworn employees for each
Party, and, with the approval of the RMSC Board, adjust the percentage of costs allocated to each Party and take any other action necessary to ensure the amounts charged to each Party after the date of such addition or termination are in conformance with this section.
10.4 Payments Nonrefundable. Except as otherwise set forth in subsection 13.5, payments made by a Party pursuant to the provisions of this Agreement are nonrefundable.
10.5 Regional RMS Equipment - Ownership and Disposition. Any Regional RMS
Equipment that was contributed to the Regional RMS by a Party under subsection 8.2.1 will be returned to that Party upon termination of this Agreement or sold as surplus by the Fiscal Agent at the option of that Party, with the sale proceeds going
ATTACHMENT 2
20
to the RMSC Fund. Any Regional RMS Equipment that becomes obsolete or that is no longer needed as part of the Regional RMS will be sold as surplus or otherwise
disposed of in accordance with the Fiscal Agent's rules or regulations. Proceeds
from sales conducted under this subsection will be placed in the replacement accounts established in subsection 5.1.2.2 of this Agreement to help pay for new Regional RMS Equipment.
10.6 Party Equipment. Any equipment that is necessary to maintain a Party's connection
to the Regional RMS will be purchased and maintained by such Party. Such equipment will be and remain the property of the Party that purchased the equipment.
10.7 Costs of Data Conversion. Each Party is responsible for all costs associated with
converting or transferring its existing Individual Party Records into the Regional RMS. 10.8 Grant Monies. If agreeable to the Fiscal Agent, the Fiscal Agent may act as the
agent for a Party in making application and receiving grant monies for any costs
related to the administration or operation of the Regional RMS for which federal or state grant monies are available. Any such grant monies received will be allocated between all Parties proportionally based on the number of sworn officers each Party has at the time of the receipt of the monies insofar as applicable laws or grant rules
allow, or as otherwise determined by the RMSC Board.
11.0 REGIONAL RMS EQUIPMENT 11.1 Best Efforts. Each Party understands that an efficient and effective Regional RMS
is crucial to the successful operation of a criminal justice agency and therefore agrees to use its continuing best efforts to maintain and support the Regional RMS. The Parties understand that professional and technological advances will necessitate a certain degree of flexibility by each Party in making procurement and management decisions.
11.2 Maintenance and Support. All Regional RMS Equipment necessary to provide the functionality set forth herein or as otherwise determined by the RMSC Board or the Coordinator will be maintained in accordance with vendor specifications and maintenance schedules, or with the specifications maintenance schedule of any
successor vendor selected to provide Regional RMS Equipment. 11.2.1 Scheduling of Work on Regional RMS Equipment. The Coordinator and Agency RMS Administrators will use their best efforts to schedule maintenance or other necessary support services so as to cause the least loss
of functionality to and productivity of the Parties.
11.3 Location. The primary servers and storage necessary to support the Regional RMS will be located at the City of Lakewood or as otherwise determined by the RMSC Board. The disaster recovery site will be located at the Jefferson County JFON
ATTACHMENT 2
21
network closet or as otherwise determined by the RMSC Board. The RMSC may, at any time during the Initial Term or any Renewal Term, place and maintain
servers at multiple locations as determined by the RMSC Board.
11.3.1 Access to the Regional RMS and Regional RMS Equipment. Parties will remotely connect and access the Regional RMS with their own unique domain. Should a Party need physical access to Regional RMS Equipment
at either the primary or back-up site, access will be coordinated with the
Coordinator upon reasonable notice. 11.4 Regional RMS Software - License. Each Party will receive the appropriate Regional RMS Software licenses from Niche or any successor vendor or vendors,
and each Party will be granted a non-exclusive license to use that software
throughout the Initial Term and any Renewal Terms. Any agency or entity that becomes a Party after the Effective Date will also be granted a non-exclusive license to use Regional RMS Software.
11.5 Party Equipment - Conditions of Use. Each Party may use its Party Equipment as
part of its individual RMS on the condition that such use does not negatively affect the capacity, or impair the functionality, of the Regional RMS. 11.5.1 Maintenance and Support of Party RMS Equipment. Each Party is
responsible for maintaining and supporting its own Party Equipment and for
all costs related to such maintenance and support services throughout the Initial Term and any Renewal Terms. 11.6 Connectivity between Party RMS and Regional RMS. Each Party is responsible for
ensuring and maintaining fiber optic or other high-speed connectivity between its
individual RMS and the Regional RMS. Each Party is responsible for all costs related to ensuring and maintaining connectivity throughout the Initial Term and any Renewal Terms.
12.0 AMENDMENTS This Agreement may be amended only upon duly-adopted resolution of each governing body of at least seventy-five percent (75%) of the Parties approving such amendment.
13.0 TERMINATION; WINDING UP 13.1 Individual Party Termination. Any individual Party that is not the fiscal agent or the Employing Party may terminate its participation in this Agreement by giving
written notice to the RMSC Board at least 30 days prior to the date of such
termination, unless the RMSC Board and such Party have agreed to a different notice period. 13.2 Fiscal Agent or Employing Party Termination. Should the Party that is the Fiscal
Agent or that employs the Regional RMS Coordinator and any Assigned
ATTACHMENT 2
22
Employees choose to terminate its participation in this Agreement, then that Party shall give written notice to the RMSC Board at least 180 days prior to the date of
such termination, unless the RMSC Board and such Party agree to a different notice
period. 13.3 Termination for Non-Appropriation. Should any Party fail to appropriate funds sufficient to meet that Party's obligations for any fiscal year, this Agreement will,
at the RMSC Board's discretion, automatically terminate as to that Party on the first
day of the fiscal year for which sufficient funds have not been appropriated or upon the expiration of all appropriated funds. Should this occur, the terminating Party's Member shall give written notice of such termination to the Coordinator as soon as is reasonably practical. The Party terminating its participation in this Agreement
shall have no further financial obligation under this Agreement as of the date of the
termination except those financial obligations related to necessary winding-up tasks. The remaining Parties will have no further obligation to provide any license or other service to the terminating Party as of the date of termination, except those related to necessary winding-up tasks. The RMSC will use its best efforts to ensure
that any data or Criminal Justice Records belonging to the terminating Party are
timely transferred to the terminating Party's individual RMS at the terminating Party's expense. 13.4. Termination by Default. Time is of the essence. If any payment or any other
condition, obligation or duty is not timely made, tendered or performed by any
Party, then this Agreement, at the option of a majority of the Parties who are not in default, may be terminated as to the defaulting Party by the non-defaulting Parties. The defaulting Party shall have no further financial obligation under this Agreement as of the date of the termination except those related to necessary winding-up tasks.
The remaining Parties shall have no further obligation to provide any license or
other service to the Party in default as of the date of termination for default, except those related to necessary winding-up tasks. The RMSC will use its best efforts to ensure that any data or Criminal Justice Records belonging to the Party in default are timely transferred to that Party's individual RMS at that Party's expense.
13.5 Termination by Vote of the Members. The RMSC Board may vote to terminate this Agreement by an affirmative vote of at least 75% of the Members. In the event of an affirmative vote to terminate, each Member will, as necessary, work to terminate their Party’s participation in accordance with local policies for terminating
intergovernmental agreements.
13.6 Wind-up of Agreement. In the event of termination of this Agreement by vote of the Parties, each Party will use its best continuing efforts to wind-up in a timely manner its obligations pursuant to this Agreement and its involvement in the
RMSC.
13.6.1 Return of Funds and Assets. If, at any time during the Initial Term or any Renewal Term, the Parties vote to terminate this Agreement, or if any time
ATTACHMENT 2
23
the Parties elect to not renew this Agreement, any funds remaining in any Regional RMS account will be distributed to the then-current Parties at the
time of termination or non-renewal and according to any formula deemed
appropriate by the RMSC Board. The distribution will take place as soon as is practical following the termination or non-renewal. All such distributions will occur only after all debts and obligations incurred for the Regional RMS are satisfied. Any non-monetary assets of the RMSC will be
distributed in accordance with subsection 10.5. The Fiscal Agent will
account for these disbursements in the final annual financial report. 13.6.2 Final Report. Within sixty (60) days of the termination of this Agreement, or of the end of the last Renewal Term of this Agreement, the Fiscal Agent
will issue a final financial report accounting for any disbursements or
distributions made to any of the Parties and the disposition of Regional RMS assets, if any.
14.0 INSURANCE
Each Party agrees to maintain during the Initial Term and any Renewal Term general liability insurance, automobile liability insurance, cyber liability, crime insurance or fidelity bond, and workers' compensation insurance as to its own employees.
14.1 Insurance for Regional RMS Equipment. Any Party that houses any Regional RMS
Equipment must insure such Regional RMS Equipment against risk of physical loss and general liability during the Initial Term and any Renewal Term for as long as such Regional RMS Equipment is housed by that Party. The costs of this insurance shall be shared among all Parties as determined by the RMSC Board.
14.2 Evidence of Insurance. Upon execution of this Agreement, each Party will provide evidence of its insurance coverage to the other Parties. The Parties will ensure that certificates of insurance are issued automatically on the anniversary of the Effective Date throughout the Initial Term and any Renewal Terms.
14.3 Requirements. The insurance coverages required hereunder shall include: 14.3.1 General Liability Insurance in an amount not less than $1,000,000.00, with an annual aggregate limit of not less than $2,000,000.00;
14.3.2 Cyber/Network Privacy Liability insurance in an amount not less than $500,000.00.
15.0 GENERAL PROVISIONS
15.1 Previous Agreement of No Further Effect. This Agreement amends, restates, and supersedes the Previous Agreement in its entirety. Upon execution of this Agreement by all Parties, the Previous Agreement shall be of no further effect.
ATTACHMENT 2
24
15.2 Additional Documents or Action. The Parties agree to take any additional action and execute any additional documents necessary to carry out this Agreement.
15.3 Assignment. This Agreement shall not be assigned by any Party. 15.4 Authority. The Parties each represent and warrant that they have taken all actions necessary to legally authorize the undersigned signatories to execute this
Agreement on behalf of the Parties and to bind the Parties to its terms.
15.5 Captions; Construction and Interpretation. The Table of Contents, section headings and other captions contained in this Agreement are for convenience and reference purposes only, are not part of the understanding of the Parties and will not in any
way affect the meaning or interpretation of this Agreement.
15.6 Claims or Suits. The Parties agree that in the event any claim or suit is brought against any Party by any third party as a result of the operation of this Agreement, the Parties will cooperate with one another and the insuring entities of all Parties in
defending such claim or suit.
15.7 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, and all of which together shall constitute one and the same instrument. The signature page of any Party to any counterpart will
be deemed a signature to, and may be appended to, any other counterpart.
15.8 Dispute Resolution. Any dispute among the Parties regarding an interpretation of this Agreement, or a dispute relating to the day-to-day operations of the Regional RMS, will be referred to the Coordinator and Party Representatives for initial
resolution. The Coordinator and Party Representatives are authorized to resolve any
such dispute by consensus. Any Party aggrieved by the decision of the Coordinator and Party Representatives may refer the dispute to the RMSC Board for final resolution, subject to judicial review. Each Party agrees to participate in dispute resolution processes in good faith, using its best efforts to resolve disputes in ways
that are not only acceptable to the Parties involved, but that serve the public's
interest in an effective and efficient Regional RMS. 15.9 Electronic Disposition of Agreement. The Parties acknowledge and agree that the original of this Agreement, including the signature page, may be scanned and stored
in a computer database or similar device and that any printout or other output
readable by sight, the reproduction of which is shown to accurately reproduce the original of this Agreement, may be used for any purpose as if it were the original, including proof of the content of the original writing.
15.10 Entire Agreement. This Agreement represents the entire agreement between the
Parties, and there are no oral or collateral agreements or understandings. This Agreement supersedes any and all prior negotiations, or understandings of the Parties.
ATTACHMENT 2
25
15.11 Force Majeure. Any delays in or failure of performance by any Party of its
obligations under this Agreement shall be excused if such delays or failure are a
result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations or orders of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, that are beyond the control of such Party.
15.12 Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement will be in the appropriate court for Jefferson County, Colorado.
15.13 Governmental Immunity.
15.13.1 Intentional acts or omissions. Each Party will be responsible for its own negligent or intentional acts or omissions, and for those of its Member, employees, officers, agents and volunteers.
15.13.2 No waiver. The Parties intend that nothing herein will be deemed or construed as a waiver by any Party of any rights, limitations, immunities or protections afforded to them under any federal, state or local constitutional, statutory or common law including, but not
limited to, the Colorado Governmental Immunity Act (C.R.S. §§ 24-
10-101 through 120), as that Act may from time to time be amended. 15.14 Independent Agencies. The Parties enter this Agreement as separate, independent government agencies and maintain that status throughout.
15.15 Necessary Personnel, Equipment and Facilities. Each Party will maintain a level of personnel, equipment and facilities necessary to meet its obligations under this Agreement. Nothing in this Agreement requires any Party to directly fund the activities of any other Party. Employees and volunteers of each Party shall remain
the employees and volunteers of that Party.
15.16 No Third-Party Beneficiaries. Nothing in this Agreement will be deemed to create any third-party benefits or beneficiaries or create a right or cause of action for the enforcement of this Agreement's terms in any entity or person not a Party, including
any Members, employees, officers, agents or volunteers of any person or entity with
whom the Fiscal Agent contracts. 15.17 Non-Appropriation. Financial obligations of the Parties, if any, after the current year, are contingent upon funds being appropriated, planned and otherwise made
available by the governing bodies of the Parties. The Parties' obligations under the
Agreement shall be from year to year only and shall not constitute a multiple- fiscal-year direct or indirect debt or other financial obligation of the Parties within the meaning of Article X, Section 20 of the Colorado Constitution.
ATTACHMENT 2
26
15.18 Notices. Any notice required or permitted by this Agreement shall be in writing and
given by electronic mail, certified mail or registered mail, postage and fees prepaid,
to the Board and the Coordinator at each Party's electronic or physical address as set forth herein, or at such other address as has been previously furnished to the Parties. Such notice will be deemed to have been given upon transmission as evidenced by electronic mail timestamp, or in the case of postal mail, when
deposited in the United States mail.
15.19 Severability. If any provision of this Agreement is held invalid or unenforceable as to any Party or person by a court of competent jurisdiction, no other provision will be affected by such holding, and all remaining provisions of this Agreement will
continue in full force and effect.
15.20 Waiver of Breach. A Party's waiver of another Party's breach of any term or provision of this Agreement will not operate or be construed as a waiver of any subsequent breach by any Party.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.
[Remainder of Page Intentionally Blank- Signatures Follow]
ATTACHMENT 2
27
CITY OF ARVADA
______________________________ Lauren Simpson, Mayor
ATTEST:
_____________________________ City Clerk
APPROVED AS TO FORM Rachel A. Morris, City Attorney
By: __________________________
ATTACHMENT 2
28
CITY OF EDGEWATER
______________________________ Steve Conklin, Mayor
ATTEST:
_____________________________ City Clerk
APPROVED AS TO FORM [NAME], City Attorney
By: __________________________
ATTACHMENT 2
29
CITY OF GOLDEN
______________________________ Laura Weinberg, Mayor
ATTEST:
_____________________________ City Clerk
APPROVED AS TO FORM Sandra Llanes, City Attorney
By: __________________________
ATTACHMENT 2
30
CITY OF LAKEWOOD
______________________________ Wendi Strom, Mayor
ATTEST:
_____________________________ City Clerk
APPROVED AS TO FORM [NAME], City Attorney
By: __________________________
ATTACHMENT 2
31
TOWN OF MOUNTAIN VIEW
______________________________ Emilie Mitcham, Mayor
ATTEST:
_____________________________ City Clerk
APPROVED AS TO FORM [NAME], Town Attorney
By: __________________________
ATTACHMENT 2
32
CITY OF WHEAT RIDGE
______________________________ Bud Starker, Mayor
ATTEST:
_____________________________ City Clerk
APPROVED AS TO FORM [NAME], City Attorney
By: __________________________
1
EXHIBIT A
Jefferson County Regionalized Public Safety and Technology Consortium
Law Enforcement Records Management System
Project Cost Allocation Percentage
The Niche license cost is based on the number of authorized sworn staff. In accordance with RMSC IGA Section 10.1, this methodology will be used to determine each Party's RMSC total cost allocation.
The 2025 authorized number of sworn staff used to calculate the cost allocation
percentage for each Party is as follows:
Agency 2025 Authorized
Sworn Staff
Cost Allocation %
Arvada 190 30%
Edgewater 21 3.3%
Golden 53 8.3%
Lakewood* 272 43%
Mountain View 11 1.7%
Wheat Ridge 87 13.7%
Total 634 100%
*The Lakewood Police Department sworn number includes 6 sworn positions from
the Lakewood Municipal Court Marshal's Office.
ATTACHMENT 3
ITEM NUMBER: 1e
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION 27-2025
TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO
APPROVING A LAW ENFORCEMENT RECRUIT TRAINING
AGREEMENT
☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The Wheat Ridge Police Department requests approval to enter into an agreement with
the Jefferson County Sheriff’s Office and the Lakewood Police Department Combined
Regional Academy.
The cost for the academy class will be outlined in Exhibit A and based on the number of recruits attending, as agreed upon by the recruit’s sponsoring agency and the combined
regional academy before each class.
PRIOR ACTION:
The council approved the previous agreement between the City of Wheat Ridge and the regional police academy in January 2019, which expired in January 2025. This allowed
police recruits to receive Colorado Police Officer Standards and Training (POST)
certifications per Colorado state statutes.
FINANCIAL IMPACT:
The fee to send recruits through the Academy is $8,500 per recruit. The financial impact
of not approving this agreement will be significant for the city, as the Wheat Ridge
Police Department will need to locate and enter into an agreement to train police
recruits to become POST certified. The Jefferson County Sheriff’s Office and Lakewood
Police Department Combined Regional Academy allows Wheat Ridge officers to train using a local curriculum specific to this jurisdiction's courts, jails, and surrounding
agencies.
Council Action Form – Law Enforcement Recruit training agreement Date: May 12, 2025
Page 2
BACKGROUND:
The Wheat Ridge Police Department has long been a collaborating agency with the
combined law enforcement agencies in Jefferson County to support the Jefferson
County Sheriff’s Office and Lakewood Police Department Combined Regional Academy. Officers utilizing this academy have been recognized as some of the best-trained
officers in the State of Colorado. The partnerships with participating agencies have
allowed the Wheat Ridge Police Department to provide valuable input into the
curriculum and training received by officers attending and have allowed them to be
easily integrated into the department's culture.
The academy's training cost is comparable to the fees charged by academies around
the state. In addition, the academy in Lakewood makes it convenient for officers hired
by Wheat Ridge to attend training and will subsequently reside within a reasonable
distance from the police department.
RECOMMENDATIONS:
The Wheat Ridge Police Department recommends the approval of this agreement to
ensure Wheat Ridge police recruits receive the highest level of training offered by the
Combined Regional Academy.
The continued relationship with the regional police academy will help ensure that the department's officers receive the most relevant training from partner agencies within
Jefferson County at a cost comparable to or lower than that of other state police
academy programs.
RECOMMENDED MOTION:
“I move to approve Resolution 27-2025, a resolution of the City of Wheat Ridge,
Colorado approving a Law Enforcement Recruit Training Agreement.”
Or,
“I move to postpone indefinitely Resolution 27-2025, a resolution of the City of Wheat
Ridge, Colorado approving a Law Enforcement Recruit Training Agreement for the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Lucas Hunt, Police Commander Chris Murtha, Police Chief
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 27-2025
2. Law Enforcement Recruit Training Agreement (COL Contract #25-05017)
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 27
SERIES OF 2025
TITLE: A RESOLUTION OF THE CITY OF WHEAT RIDGE, COLORADO
APPROVING A LAW ENFORCEMENT RECRUIT TRAINING AGREEMENT
WHEREAS, pursuant to C.R.S. § 29-1-203, the City 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, Wheat Ridge and Lakewood are each authorized to perform law
enforcement functions pursuant to Section 6 Article XX of the Colorado Constitution and
CRS §31-15-401; and
WHEREAS, such law enforcement functions necessitate training of new police
officer recruits; and
WHEREAS, the City Council finds that approval of the attached intergovernmental
agreement will promote public health, safety, and welfare by providing cost effective
quality training to future Wheat Ridge police officers; and
WHEREAS, in accordance with Section 14.2 of the City’s Home Rule Charter, the
City Council wishes to approve said agreement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado:
Section 1. The Law Enforcement Recruit Training Agreement between the City of
Wheat Ridge and the City of Lakewood is hereby approved. The Mayor and City
Clerk are hereby authorized and directed to execute the same.
Section 2. This Resolution shall be effective upon adoption.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado:
Section 1. The Law Enforcement Recruit Training Agreement by and between the
City of Lakewood and the City of Wheat Ridge, attached hereto as Exhibit A, is hereby approved.
ATTACHMENT 1
Section 2.
This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 12th day of May, 2025
[SEAL] Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk
EXHIBIT A
LAW ENFORCEMENT RECRUIT TRAINING AGREEMENT
[ATTACHED]
COL Contract #25-05017
Page 1 of 5
LAW ENFORCEMENT RECRUIT TRAINING AGREEMENT
This LAW ENFORCEMENT RECRUIT TRAINING AGREEMENT (the “Agreement”) is made and entered into this 15th day of January, 2025 (the “Effective Date”), by and between the CITY OF LAKEWOOD, a Colorado home rule municipal corporation whose principal business address is 480 South Allison Parkway, Lakewood, Colorado 80226 (“Lakewood”), on behalf of itself and Jefferson County, Colorado (“Jefferson County”), and the CITY OF WHEAT RIDGE, a municipal corporation of the state of Colorado, with offices at 7500 West 29th Avenue, Wheat Ridge,
Colorado 80033 (“Agency”).
WHEREAS, Lakewood and Jefferson County conduct a joint academy for the training of law enforcement officers known as the Jefferson County Sheriff’s Office and Lakewood Police
Department’s Combined Regional Academy (the “Academy”); and
WHEREAS, Agency is desirous of having its law enforcement recruits (“Recruits”) attend Academy classes during the term of this Agreement, with the number of such Recruits attending
each Academy, and the associated costs therefor, to be agreed upon by the parties as set forth in Exhibit A attached hereto; and
WHEREAS, Article XIV, Section 18 of the Colorado Constitution and Part 2, Article 1, Title
29, C.R.S., encourage and authorize intergovernmental agreements among government entities to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each.
NOW, THEREFORE, for the mutual covenants and promises and other valuable consideration, the receipt and adequacy of which is expressly acknowledged, the parties hereby agree as follows:
1. Purpose. The purpose of this Agreement is to provide training of the Recruits at theAcademy.
2.Term of Agreement. This Agreement shall have a term of Five (5) years from the EffectiveDate. The provisions herein relating to insurance and the covenant not to sue shall survivethe termination or expiration of this Agreement.
3.Description of Training. The Academy shall provide classroom instruction as well as alltesting and evaluation of the Recruits as required by State of Colorado Peace OfficerStandards and Training including, but not limited to, firearms training, law enforcement
driving and arrest control.
4.Number of Recruits, Payment. Agency and Lakewood will agree on the number of AgencyRecruits, if any, who will attend each Academy. Not later than fifteen (15) days prior to thecommencement of an Academy, Agency shall pay to Lakewood the amount set forth inExhibit A for the number of Agency Recruits that will attend. The parties may revise ExhibitA, as described in section 9(a)(ii) below, not less than thirty (30) days prior to an Academy’s
start date.
5. Termination. Either party may terminate this Agreement by providing to the non-terminatingparty, not less than fifteen (15) days prior to the date of termination, written notice oftermination including the effective date thereof.
6.Independent Contractor Status. Lakewood, Jefferson County and Agency are allgovernmental entities (each, an “Entity”). No officer or employee of any Entity shall be
ATTACHMENT 2
COL Contract #25-05017
Page 2 of 5
considered or deemed an officer or employee of any other Entity for any purpose, including worker’s compensation insurance benefits and any other benefit. The Recruits are and shall
remain employees of Agency and as such are not eligible for any salary or benefits from Lakewood or Jefferson County.
7. Insurance.
a. Agency shall continuously maintain statutory Worker’s Compensation employer’s liability coverage. Agency is responsible for any deductible losses under such policies or payment of any retention amounts under a self-insurance program. A certificate of insurance acceptable to Lakewood must be provided upon execution of this Agreement unless the parties arrange otherwise.
b. Both parties shall maintain general and auto liability, law enforcement liability and public officials’ liability insurance, whether through insurance policy/ies, self-insurance, or a combination thereof. Agency agrees to provide a certificate of insurance to Lakewood stating that notice of any cancellation of such insurance will be provided to Lakewood not less than thirty (30) days prior to any such cancellation. All cancellation notices shall be sent to the City of Lakewood, Risk Management Division.
8. Covenant not to sue. Agency, in connection with the training of its Recruits as provided herein, hereby agrees to release, waive and discharge, and covenants not to sue, Lakewood and Jefferson County, and their respective officers, employees and insurers, from and
against any and all claims, damages, liabilities, demands and court awards of any kind whatsoever, which arise from any acts or omissions of any Recruit while being trained pursuant to this Agreement or thereafter, that are in any manner connected with any Recruit,
if such injury, loss or damage is or is claimed to be caused in whole or in part by the act, omission or other fault of any Recruit or the training of Recruits hereunder. The parties understand, are relying upon and do not waive or intend to waive by any provision of this
Agreement the monetary limitations or any other rights, immunities or protections, provided by the Colorado Governmental Immunity Act, C.R.S. §§ 24-10-101, et seq., as amended, or otherwise available to the parties and their officers or employees.
9. General Provisions.
a. Integration, Amendment of Exhibit.
i. This Agreement, including Exhibit A, which is incorporated herein by reference, contains the entire understanding among the parties, and no statement, promise or inducement made by either party that is not contained herein shall be valid or binding.
ii. This Agreement shall not be enlarged, modified, altered or extended, except in writing, signed by the parties and endorsed herein. Notwithstanding the
foregoing, the parties agree that Exhibit A may be revised from time to time in a writing signed by the respective heads of Lakewood’s and Agency’s law enforcement departments/offices, and this Agreement shall thereafter be
deemed amended thereby without further action of the parties.
iii. This Agreement shall inure to the benefit of and be binding upon Lakewood and Agency and their respective successors and assigns.
b. Assignment. This Agreement shall not be assigned by either party.
COL Contract #25-05017
Page 3 of 5
c. Severability. If any part of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado, the validity of the
remaining parts shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if this Agreement did not contain the particular part held to be invalid.
d. Venue. Venue for any and all legal actions regarding the transaction covered herein shall lie in the District Court in and for Jefferson County, Colorado, and this transaction shall be governed by the laws of the State of Colorado.
e. Authority. This instrument shall not constitute an agreement until accepted, in writing by the duly authorized representatives of Lakewood and Agency.
f. Current Expenditures. Financial obligations of the parties after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted and otherwise made available by each party’s governing body. The parties’ obligations under the Agreement shall be from year-to-year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of either party within the meaning of Article X, Section 20, of the Colorado Constitution.
g. Counterparts; Electronic Disposition. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original and all such counterparts taken together shall be deemed to constitute one and the same
instrument. The parties acknowledge and agree that the original of this Agreement, including the signature page, may be scanned and stored in a computer database or similar device, and that any printout or other output readable by sight, the reproduction
of which is shown to accurately reproduce the original of this Agreement, may be used for any purpose as if it were the original, including proof of the content of the original writing.
[Remainder of page intentionally blank – signatures follow.]
COL Contract #25-05017
Page 4 of 5
IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.
CITY OF LAKEWOOD
____________________________________ Philip A. Smith, Jr., Chief of Police
ATTEST:
____________________________________ Jay Robb, City Clerk APPROVED AS TO LEGAL FORM
____________________________________ Patrick T. Freeman, #42982 Senior Police Legal Advisor
CITY OF WHEAT RIDGE
____________________________________ Signature ____________________________________
Printed Name & Title
ATTEST:
____________________________________ Signature
____________________________________ Printed Name & Title APPROVED AS TO LEGAL FORM
____________________________________ Signature ____________________________________
Printed Name & Title
COL Contract #25-05017
Page 5 of 5
EXHIBIT A Number of Agency Recruits and Payment Amount Regional Academy 25-1 – January 15, 2025 – June 6, 2025
Academy commencement date: January 15, 2025 Number of Agency Recruits attending: Four (4) Amount per Agency Recruit payable to Lakewood: $8,500 Total amount payable from Agency to Lakewood for Recruit training: $34,000
ITEM NUMBER: 1f
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION 28-2025
TITLE: A RESOLUTION AUTHORIZING A BUILDING LEASE
AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND
WHEAT RIDGE 2020, INC. D/B/A LOCALWORKS FOR 9110
WEST 44TH AVENUE
☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The city entered into a 5-year lease agreement with Localworks, effective March 2, 2023,
for the purposes of establishing the Clear Creek Makerspace (CCM) at a city owned building located at 9110 West 44th Avenue. Localworks is seeking grant funding to
expand the operations of the CCM. Grantors have recommended that Localworks seek
an extension of their lease to be more competitive for funding. Localworks is requesting
an extension of their lease with the city to May 12, 2035.
PRIOR ACTION:
The council approved a 5-year lease agreement with Localworks on February 27, 2023.
FINANCIAL IMPACT:
Localworks will pay rent of $1.00 per year. They will also be responsible for all on-going costs associated with maintaining and operating the space such as utilities, personal
property insurance, trash removal, recyclables collection services, janitorial services,
pest control, telephone, telecommunications, etc.
BACKGROUND:
CCM is a 7,500 sq. ft. facility which offers hands-on training, specialized equipment
access, and comprehensive business support for artists, entrepreneurs, and community
members in Jefferson County. The programming centers on three interconnected
pillars:
1) Resource Access & Economic Development: By providing communal access to
Council Action Form – LocalWorks Lease Extension Date: May 12, 2025
Page 2
expensive equipment and tools (including Jefferson County's largest publicly accessible
metalworking and woodshop facilities), CCM enables residents to develop valuable skills
and launch businesses without the significant upfront capital typically required. This
access model removes barriers to entry for aspiring entrepreneurs and enables existing
businesses to expand their capabilities.
2) Local Business Development: CCM’s award-winning Business Education program,
Growing U – recently recognized with the Colorado Arts & Business Partnership Award --
helps members transform their crafts into careers through comprehensive
entrepreneurial education. As the only makerspace in the area offering such extensive business resources, Growing U provides members access to targeted workshops,
subsidized professional coaching, and micro-grants up to $500.
3) Career Training & Workforce Development: CCM provides hands-on training in high-
demand technical skills including welding, woodworking, 3D printing, and digital fabrication. Their partnership with Red Rocks Community College's Federal Work-Study
Program creates paid training opportunities for students, while collaborations with the
Denver Metro SBDC ensure business education aligns with industry needs.
Since opening on April 1st, 2024, CCM has welcomed over 18,000 people through the doors, hosted 430 workshops, trained 898 people on a tool or skill, and have
graduated 17 people through the Growing U program, three resulting in a business
license that have been filed in Wheat Ridge.
This Lease Agreement supersedes and replaces in its entirety the prior lease agreement between the parties with respect to the Leased Premises. RECOMMENDATIONS:
Staff recommends approval of an extension of the lease with Localworks through May
12, 2035.
RECOMMENDED MOTION:
“I move to approve Resolution 28-2025, a resolution authorizing a Building Lease
Agreement between the City of Wheat Ridge and Wheat Ridge 2020, Inc. d/b/a
Localworks for 9110 West 44th Avenue.”
Or,
“I move to postpone indefinitely Resolution 28-2025, a resolution authorizing a Building
Lease Agreement between the City of Wheat Ridge and Wheat Ridge 2020, Inc. d/b/a
Localworks for 9110 West 44th Avenue for the following reason(s).”
Council Action Form – LocalWorks Lease Extension Date: May 12, 2025
Page 3
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
Gerald Dahl, City Attorney
ATTACHMENTS:
1. Resolution 28-2025
2. Exhibit 1 – Building Lease Agreement
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 28
SERIES OF 2025
TITLE: A RESOLUTION AUTHORIZING A BUILDING LEASE AGREEMENT
BETWEEN THE CITY OF WHEAT RIDGE AND WHEAT RIDGE 202O, INC.
D/B/A LOCALWORKS FOR 9110 WEST 44TH AVENUE
WHEREAS, the City of Wheat Ridge owns property at 9110 West 44th Avenue in the City of Wheat Ridge; and
WHEREAS, the City leased this property to Wheat Ridge 2020, Inc. on May 2, 2023,
for a five-year term; and
WHEREAS, Wheat Ridge 2020, Inc. uses the property as a makerspace for the
benefit of the community; and
WHEREAS, the Wheat Ridge City Council wishes to extend this Lease Agreement
for ten years until May 12, 2025; and
WHEREAS, this Lease Agreement supersedes and replaces in its entirety the prior
lease agreement between the parties with respect to the Leased Premises.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado:
Section 1. The attached Lease Agreement (Exhibit 1) is hereby approved.
Section 2.
This Resolution shall be effective upon adoption.
DONE AND RESOLVED this 12th day of May, 2025
[SEAL] Bud Starker, Mayor
ATTEST:
_________________________________
Margy Greer, Sr. Deputy City Clerk
ATTACHMENT 1
EXHIBIT 1
LEASE AGREEMENT
BUILDING LEASE AGREEMENT
This Building Lease Agreement (the “Agreement”) is entered into as of the 12th day of May, 2025 by and between the City of Wheat Ridge (the “City”) and Wheat Ridge
2020 Inc. d/b/a Localworks Clear Creek Makerspace, a nonprofit corporation with an
address of 7530 W 38th Ave, Wheat Ridge, CO 80033 (“Localworks”), together, the “parties.”
I. RECITALS
A. The City is the owner of the real property located at 9110 W. 44th Avenue,
Wheat Ridge, Colorado 80033, known as the Parks, Forestry, and Open Space Building
at Anderson Park, further described in Exhibit A (the “Leased Premises”).
B. The Leased Premises consists of an approximate area of 7,306 square feet of enclosed space, an exterior parking lot, and surrounding landscaping.
C. It is the desire of the City and Localworks to enter into a lease agreement
for the use of the Leased Premises by Localworks for the operation of a membership-
based community organization designed to provide the tools necessary to promote innovation and creative exercise (a “Makerspace”).
D. This Agreement supersedes and replaces in its entirety the prior lease agreement between the parties with respect to the Leased Premises.
II. AGREEMENT
In consideration of the mutual promises and considerations contained herein, the
receipt and delivery of which are acknowledged and confessed, the City and Localworks
agree to the following:
1. Property Leased. The City hereby leases the Leased Premises to Localworks and Localworks agrees to accept the lease of the same under the terms and
conditions herein.
2. Use of Leased Premises. The Leased Premises shall be used as a Makerspace under the following terms and conditions:
a. Permitted Uses. General office use, educational instruction, event space, art studio(s), gallery space, commissary kitchen, theater, brewery for beer
and coffee, greenhouse, co-working, limited automotive repair, hand forging,
limited metal casting, laser cutting, the ancillary sale of related retail goods and services, and light manufacturing including, but not limited to, welding, woodworking with power tools, CNC work, kiln work, and plasma cutting.
i. Approvals. Localworks must apply for and obtain permits,
licenses, consents, permissions, and approvals necessary or
appropriate for a Makerspace including, but not limited to, zoning,
building, fire, planning and development, liquor licensing, construction, traffic, roadway access, and parking approvals, if any.
b. Tenant Construction. Localworks shall fund, provide, and construct all interior improvements, furnishings, fixtures, and equipment necessary to operate a Makerspace within the Leased Premises (collectively “Tenant Construction”). Tenant Construction expenses related to compliance with the Code of Laws of the City or any applicable governmental entity shall be borne by the
City.
c. Signage. Localworks shall have the right to install up to two building signs, a monument sign, up to twelve (12) short-term or makerspace parking signs within the parking lot of Leased Premises, and may install temporary signage at the Leased Premises to periodically advertise the Makerspace or its events or
affiliates. All costs associated with the fabrication and installation of said signage
shall be paid solely by Localworks. All installed signage shall be in compliance with Article VII of Chapter 27 of the Code of Laws of the City.
d. City’s Emergency Access and Building Systems. The City may enter the Premises only in the case of an emergency and only if the City provides
reasonable notice, if practical, to Localworks before entering. An emergency shall
be defined as an immediate and urgent need to address a situation that threatens the safety, health, or security of the Premises, the Building, or any other tenants. Landlord shall not use this clause to carry out routine inspections or maintenance. City Facilities and IT department representatives shall have access to Premises
as needed to inspect or repair equipment or building systems during Localworks’
regular business hours and may be granted access outside of regular business hours at Localworks’ commercially reasonable discretion. Localworks may utilize any existing card readers, cameras, servers, computers, electronic locks, electronic building systems, etc. (collectively, “Building Systems”) currently at
Premises. Any incremental costs incurred for additional accounts, cameras,
maintenance or upgrades related to Building Systems for Localworks’ sole use shall be borne solely by Localworks.
3. Term and Termination. The term of this Agreement shall commence upon May 12, 2025 and shall terminate in ten years on May 12, 2035. This Agreement may be
renewed for additional years upon mutual agreement of both parties. Upon termination,
Localworks shall remove within sixty (60) days any and all items and materials located on the Leased Premises used in connection with the Makerspace. Any remaining property of Localworks on the Leased Premises following the sixty (60) day period shall become property of the City.
4. Default and Termination for Default.
a. Localworks or the City shall be in default of this Agreement if either party breaches
any material provision hereof and said breach is not cured by the breaching party
within sixty (60) days of receipt of written notice of said breach from the non-
breaching party, or if such cure cannot reasonably be had within said sixty (60)
day period, then if cure of such breach is not commenced within thirty (30) days
of receipt of such notice and not thereafter completed using diligent efforts.
b. Upon the breaching party’s failure to cure its breach within such times as provided
herein, the non-breaching party shall have the right to pursue all remedies for
breach of contract, including specific performance, injunction, and mandamus, but
the City shall not have the right to terminate this Agreement for default, or to
pursue eviction of Localworks, unless, after the City has given Localworks a
separate, written notice after Localworks’ failure to cure within the allotted period
pursuant to this Paragraph 4, identifying the uncured breach, Localworks fails to
cure such breach within thirty (30) days after receipt of such written notice or such
later time as Localworks may require in its commercially reasonable discretion.
The intent of this additional notice is to avoid a forfeiture of the substantial
investment that Localworks is making to improve the Leased Premises, which the
City recognizes and agrees should be reasonably protected from an inequitable
forfeiture.
5. Gross Rent; Expenses. During the term, Localworks shall pay the City an
annual rent in the amount of one dollar ($1.00) per year beginning ninety (90) days from the City’s delivery of the Leased Premises to Localworks. Localworks agrees to pay all taxes as described in Section 8 of this Agreement, personal property insurance, trash removal, recyclables collection services, directly metered utilities, janitorial services, pest
control, telephone, telecommunications, and other communication lines and equipment
serving the Premises and repairs and maintenance as described in Section 6. Any expense with respect to the Leased Premises not specifically stated in this Agreement as the responsibility of Localworks shall be the sole responsibility of the City. No additional sums are payable by Localworks to the City other than the expenses specifically stated
herein. All of Localworks’ obligations to pay all monies due in or under this Agreement
shall survive the expiration or early termination of this Agreement.
6. Repairs and Maintenance. Localworks shall pay for the maintenance, repair, and replacement of all furnishings, fixtures, and equipment within the Leased Premises. Notwithstanding the prior sentence in this paragraph the City shall repair and
maintain the structural and exterior portions of the Leased Premises including, but not
limited to, roofing and covering materials, foundations, exterior walls, plumbing, fire sprinkler and alarm systems, heating, ventilating, air conditioning, and electrical systems installed or furnished by the City, regardless of whether such structures or mechanicals are contained within the boundaries of the Leased Premises. Notwithstanding anything
contained herein to the contrary, Localworks shall be solely responsible for alterations, or
other maintenance made necessary in Premises as a direct result of any damage or destruction resulting from its gross negligence.
7. Landscaping/Exterior. The City shall be responsible for the snowplowing,
repair, maintenance, and upkeep of the Licensed Premises’ landscaping, parking lot, sidewalks, and all other exterior areas. All vehicles entering or parking in the parking areas around Premises shall do so at owner’s sole risk. City assumes no responsibility for any damage, destruction, vandalism or theft.
8. Taxes. To the extent Localworks maintains personal property on the
Premises, or its leasehold interest in the Premises is subject to real property or other taxes, Localworks shall be liable for payment of said taxes. To the extent the City receives any tax notices with respect to Localworks or its leasehold interest, the City shall provide prompt and timely notice of any tax or assessment for which Localworks is liable. Localworks shall have the right to challenge any tax or assessment and the City shall
cooperate with Localworks regarding such challenge. The City waives its right to collect any personal property tax from Localworks.
9. Insurance and Subrogation and Indemnification.
a. During the term of the Agreement, Localworks shall carry, at its own cost and expense, commercial or comprehensive general liability insurance with
limits of One Million Dollars ($1,000,000) per occurrence for bodily injury and property damage and Two Million Dollars ($2,000,000) general aggregate. The requested limits may be obtained by a combination of primary coverage limits and some form of umbrella/excess liability insurance coverage. The City shall be included as an additional insured as its interest may appear under this Agreement
on the Commercial General Liability insurance. Localworks may satisfy this requirement by obtaining the appropriate endorsement to any master insurance policy Localworks maintains. Localworks shall each maintain “all risk” or “special causes of loss” property insurance on a replacement cost basis for Localworks’ owned personal property. In the event the required policy or policies shall lapse for
any reason, the City shall have the right, but not the obligation, to obtain a substitute policy or policies, the cost of which shall be borne by Localworks. The City shall give Localworks twenty (20) days’ notice of its intention to acquire such substitute policy or policies.
b. City and Localworks hereby mutually release each other (and their
successors and assigns) from liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of an insured loss, neither party’s insurance company shall have a subrogated claim against the other party.
c. Subject to the property insurance waivers set forth in the preceding subsection (b), the City and Localworks each agree, to the extent permitted by law, to indemnify and hold harmless the other party from and against any and all administrative and judicial actions and rulings, claims, causes of action, demands
and liabilities, including reasonable attorneys’ fees, to the extent caused by or arising out of: (i) any negligent acts or omissions or willful misconduct in the operations or activities on the Leased Premises by the indemnifying party or the
employees, agents, contractors, licensees of the indemnifying party; or (ii) any
breach of any obligation of the indemnifying party under this Agreement. The indemnifying party’s obligations under this subsection are contingent upon its receiving written notice of any event giving rise to an obligation to indemnify the other party, within thirty (30) days the indemnified party becomes aware of such
event, and the indemnified party’s granting it the right to control the defense and
settlement of the same.
d. Localworks shall not be responsible or liable to the City or any third party for any claims, damages, costs, expenses, including liens, fines, penalties or other enforcement actions, attributable to any pre-existing violations of applicable
laws, codes, ordinances or other regulations relating to the Leased Premises.
e. The provisions of subsections (b) and (c) above shall survive the expiration or termination of this Agreement.
10. Notices. All notices, requests, demands and other communications required or permitted under this Agreement shall be made in writing and shall be effective three
(3) business days after deposit in the U.S. mail, certified, return receipt requested or upon
receipt if personally delivered or sent via a nationally recognized courier to the addresses set forth below. The City or Localworks may from time to time designate any other address for this purpose by providing written notice to the other party.
If to the City: Patrick Goff
City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033
With a copy to: Gerald Dahl, City Attorney
City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80033
If to Localworks; Paige Piper Wheat Ridge 2020 Inc.
9110 W. 44th Avenue Wheat Ridge, CO 80033
With a copy to: David Keuter, President of Board of Directors Localworks 9110 W. 44th Avenue
Wheat Ridge, CO 80033
11. Quiet Enjoyment, Title, and Authority. The City covenants and warrants that:
a. the City has full right, power and authority to execute and perform this Agreement and to grant Localworks the leasehold interest contemplated under this Agreement;
b. the City has good and unencumbered title to the Leased Premises, free and clear of any liens or which shall interfere with Localworks use of the
Leased Premises; and
c. So long as Localworks is not in Default, Localworks’ use and quiet enjoyment of the Leased Premises shall not be disturbed. Localworks covenants and warrants that Localworks has full right, power, and authority to execute and perform this Agreement.
12. Assignment. Localworks may not assign, sell, or transfer its interest under
this Agreement without the consent of the City, which the City may grant or withhold in its sole and exclusive discretion.
13. General Provisions.
a. The prevailing party in any litigation or other legal proceedings
arising under this Agreement (including any appeals and any insolvency actions)
shall be entitled to reimbursement from the non-prevailing party for reasonable attorneys’ fees and expenses. Other than as ordered for repair of the Leased Premises or personal property, neither party may claim or recover any form of damages, including without limitation, compensatory, punitive, exemplary, or
economic, including lost profits.
b. This Agreement constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agreements with respect to the subject matter and Leased Premises. Any amendments to this Agreement must be in writing and executed by both parties.
c. The City and Localworks agree to reasonably cooperate with each
other in executing any documents deemed necessary to insure and protect rights of each other in, or use of, the Leased Premises.
d. This Agreement shall be construed in accordance with the laws of the State of Colorado. Jurisdiction and venue for any judicial proceeding under or
construing this Agreement shall be proper and exclusive in the district court for
Jefferson County, Colorado.
e. If any term of this Agreement is found to be void or invalid, the remaining terms of this Agreement shall continue in full force and effect. Any questions of particular interpretation shall be interpreted as to their fair meaning.
f. Each party hereby represents and warrants to the other that this Agreement has been duly authorized, executed and delivered by it, and that no consent or approval is required by any lender or other person or entity in
connection with the execution or performance of this Agreement.
g. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute a single instrument. Signed facsimile and electronic copies of this Agreement shall legally bind the City and Localworks to the same extent as original documents.
h. No provision of this Agreement shall be construed as a contractual
waiver of any limitation of liability, immunities or defenses provided to the City under the Colorado Governmental Immunity Act, § 24-10-101, et seq., C.R.S., as amended, or any other applicable law.
i. All financial obligations of the City under this Agreement are
contingent upon annual appropriation, budgeting, and availability of specific funds
to discharge such obligations. Nothing in this Agreement shall be deemed to create a debt or multiple fiscal year financial obligation of the City, a pledge of the credit of the City, or a collection or payment guarantee by the City. Notwithstanding anything contained herein to the contrary, the City shall maintain adequate funds
or otherwise have the non-contingent financial obligation to make up to Twenty-
Five Thousand dollars ($25,000.00) in repairs annually for repairs to Leased Premises.
j. Other than as specifically provided for herein, neither party shall be entitled to claim or recover any form of damages, including without limitation,
punitive, consequential, exemplary or economic, including lost profits.
[Remainder of page intentionally left blank; signatures appear on the following page]
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the day and year first set forth above.
CITY OF WHEAT RIDGE, a Municipal
Corporation of the State of Colorado
By: ____________________________
Bud Starker, Mayor
ATTEST: ____________________________
Margy Greer, Sr. Deputy City Clerk
APPROVED AS TO FORM:
_____________________________________
Gerald Dahl, City Attorney
Wheat Ridge 2020 Inc.
By: _____________________________
David Kueter
President, Board of Directors
Date:____________________________
By: _____________________________
Paige Piper
Executive Director
Date:____________________________
EXHIBIT A
Premises Area Plan
(Also known as 9110 W 44th Ave, Wheat Ridge, Colorado 80033)
Leased
Premises
ITEM NUMBER: 2
DATE: MAY 12, 2025
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL NO. 07-2025
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF
LAWS CONCERNING MEMBERSHIP OF THE URBAN
RENEWAL AUTHORITY
☒PUBLIC HEARING ☐BIDS/MOTIONS
☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
In 2015, the Colorado Legislature passed HB15-1348 amending the urban renewal
statute requiring certain processes occur upon the adoption of a new plan area or a
substantial modification to an existing plan. One requirement is the addition of new
board members representing the affected taxing entities. This expands the Wheat Ridge Urban Renewal Authority, dba Renewal Wheat Ridge, membership to thirteen.
This ordinance will amend the current code section in the Wheat Ridge Code of Laws to
provide for the new members.
PRIOR ACTION:
The City adopted Chapter 25 of the Code of Laws providing for the establishment of the
urban renewal authority of which membership is set.
City Council approved this ordinance on first reading on April 28, 2025. A motion was
made by Councilmember Hoppe and seconded by Councilmember Ohm and was
approved by a vote of 8 to 0.
FINANCIAL IMPACT:
None
BACKGROUND:
As amended by House Bill 15-1348 in 2015, C.R.S. § 31-25-104(2.5), the Colorado Urban
Renewal Law requires the appointment of at least three additional members to the Board
of Commissioners of the urban renewal authority, triggered by the adoption of a new
Council Action Form – Membership of Urban Renewal Authority May 12, 2025
Page 2
urban renewal plan or the substantial modification to an existing urban renewal plan by
the City Council.
The three additional required members are representatives of Jefferson County, the
special districts imposing a mill levy within an urban renewal area in the City, and a
representative of the Jefferson County School District. More particularly, the County representative is appointed by the Board of County Commissioners of Jefferson County,
and the statute does not contain any qualifications regarding the Board of County
Commissioners' appointee. The special district representative must be an elected official
of a special district levying a mill levy in the urban renewal area and is selected by
agreement of the special districts. The school district representative must be an elected member of the Jefferson County School District and is selected by the School District.
Additional members may also be appointed to maintain an odd number of
commissioners as set forth in the proposed ordinance.
RECOMMENDATIONS:
Staff recommends the approval of this ordinance change due to the anticipated Council
adoption of the two new urban renewal plans.
RECOMMENDED MOTION:
“I move to approve council bill number 07-2025 – an ordinance amending the Wheat Ridge Code of Laws concerning membership of the Urban Renewal Authority on second
reading, order it published, and that it takes effect immediately.”
Or,
“I move to postpone indefinitely council bill number 07-2025 an ordinance amending the
Wheat Ridge Code of Laws concerning membership of the Urban Renewal Authority for the following reasons _____________.”
REPORT/ORDINANCE PREPARED/REVIEWED BY:
Steve Art, Executive Director, Wheat Ridge Urban Renewal Authority Corey Hoffmann, URA Legal Counsel
Gerald Dahl, City Legal Counsel
Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 07-2025
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER HOPPE
Council Bill No. 07
Ordinance No. 1820
Series 2025
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS
CONCERNING MEMBERSHIP OF THE URBAN RENEWAL AUTHORITY
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, the Council is authorized by CRS 31-25-101 et seq to create an urban renewal authority;
WHEREAS, in the exercise of this authority, the Council has previously adopted Chapter 25 of the Code of Laws (the “Code”) providing for the establishment of the urban
renewal authority (the “Authority”) for the City, its duties, and membership; and
WHEREAS, the Authority presently consists of seven members; one from each Council district and three at-large members; and
WHEREAS, in 2015, the Colorado Legislature amended the urban renewal statute to require a membership of thirteen, with three members appointed by out-of-city
authorities: one by the board of county commissioners, one by the school district, and
one by the special districts having a mill levy in the City.
WHEREAS, the 2015 requirement only applies to urban renewal authorities
governing urban renewal districts formed after the effective date of the bill; and because until now the City has not created any new urban renewal areas since 2015, it was
permitted to retain its seven-member authority; and
WHEREAS, because the City is preparing to create one or more new urban renewal
areas, the 2015 requirement now will apply, and the membership of the Authority must be
increased to thirteen; and
WHEREAS, the Council wishes to expand the membership of the Authority to
comply with the statute by expanding the City members to ten, such that there shall be
one member from each Council district, five at-large members, and one elected City
official member.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 25-24 of the Code is amended to read:
Sec. 25-24. Same-Appointment of members; number.
(a) MEMBERSHIP. The authority shall consist of THIRTEEN (13) seven (7) members. TEN OF SUCH MEMBERS SHALL BE APPOINTED BY THE CITY (THE
“CITY MEMBERS”). THE AUTHORITY MEMBERSHIP SHALL ALSO INCLUDE
THREE (3) ADDITIONAL MEMBERS: ONE APPOINTED BY THE BOARD OF
COUNTY COMMISSIONERS, ONE BY THE SCHOOL DISTRICT, AND ONE BY THE
SPECIAL DISTRICTS HAVING A MILL LEVY IN THE CITY (THE ‘NON-CITY MEMBERS”).
(b) CITY MEMBERS; APPOINTMENT; TERMS. One (1) of such members SHALL
BEbeing from each of the existing, or hereafter altered, city council districts,
FIVE (5) and three (3) members to serve at large, AND ONE (1) CITY ELECTED
OFFICIAL. If, after reasonable advertisement, no applications are received from residents within the relevant city council district for a vacancy on the authority,
any otherwise qualified resident of the city may be appointed. The at large members may include one (1) elected city official (excluding the mayor), and/or
one (1) non-resident individual who owns an interest in or is a corporate officer
of a licensed business in good standing located within the city. Each appointment to the authority shall be made by the mayor subject to approval
by majority vote of the entire city council. The term of office of each member
shall be five (5) years, LIMITED TO TWO CONSECUTIVE TERMS WITH
ELIGIBILITY TO BE APPOINTED AGAIN TWO (2) YEARS AFTER THE END OF
THE SECOND TERM. IN THE EVENT THERE ARE NO APPLICANTS FOR AN UPCOMING VACANCY, THE THEN-CURRENT MEMBER MAY SERVE FOR AN
ADDITIONAL ONE YEAR. THE SEAT OF Aany member (with the exception of a
nonresident business owner member) who shall change THEIRhis personal
residence to an address outside the city or outside the district THEYhe
represents shall cease to be a member of the authority and THEIRhis seat shall
automatically be deemed vacant as of the date on which THEYhe ceased to be
a resident of the city or of the district. Any nonresident business owner member whose business is no longer in good standing with the city or whose business
ceases operations or moves outside the city limits shall cease to be a member
of the authority and the member's seat shall be deemed vacant as of the date
of that occurrence. A member whose term has expired shall continue to hold
office until THEIRhis successor has been appointed and has qualified. Terms of office shall be staggered so that the term of at least one (1) member shall
expire each year. The city council may appoint any number of ex-officio
nonvoting members to serve for terms at the pleasure of the city council.
(c) NON-CITY MEMBERS. THE NON-CITY MEMBERS SHALL BE APPOINTED AS
FOLLOWS: ONE APPOINTED BY THE JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS, ONE APPOINTED BY THE JEFFERSON COUNTY
SCHOOL DISTRICT, AND ONE APPOINTED BY THE SPECIAL DISTRICTS
HAVING A MILL LEVY WITHIN THE CITY, AS THOSE DISTRICTS SHALL
MUTUALLY AGREE. THE NON-CITY MEMBERS SHALL SERVE TERMS OF SUCH
DURATION AND UNDER SUCH LIMITATIONS AS THEIR APPOINTING BODIES
SHALL DETERMINE.
Section 2. Effective Date. This Ordinance shall take effect immediately upon
adoption at second reading and signature by the Mayor, as permitted by Section 5.11 of
the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this
28th day of April 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 May 12, 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 12th day of May 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: April 29, 2025
Second Publication: May 13, 2025 Effective Date: May 12, 2025
Published:
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NUMBER: 3
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL 09-2025
TITLE: AN ORDINANCE AMENDING SECTION 26-646 OF THE WHEAT
RIDGE CODE OF LAWS REGARDING ACCESSORY DWELLING
UNITS AND MAKING CONFORMING AMENDMENTS THEREWITH
☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
This ordinance amends Chapter 26 of the Wheat Ridge Code of Laws to update
Accessory Dwelling Unit (ADU) requirements to comply with state legislation and
recent policy direction from City Council.
PRIOR ACTION:
City Council discussed the proposed code amendment at its March 17, 2025, study
session and directed staff to proceed with preparing an ordinance for consideration.
Planning Commission reviewed the ordinance at a public hearing held on April 17, 2025,
and recommended approval by a vote of 6 to 0. The draft Planning Commission minutes
are included as an attachment.
City Council approved this ordinance on first reading on April 28, 2025. A motion was made by Councilmember Ohm and seconded by Councilmember Hoppe and was
approved by a vote of 8 to 0.
FINANCIAL IMPACT:
The proposed ordinance is not anticipated to have a direct financial impact on the city.
BACKGROUND:
The State of Colorado Legislature passed several bills in the 2024 Legislative Session related to land use and housing. House Bill (HB) 24-1152, titled “Accessory Dwelling
Units,” requires municipalities to allow ADUs on any property containing a single-unit
Council Action Form – ADU Updates
May 12, 2025 Page 2
home and requires an administrative approval process for ADUs. The bill also includes
provisions ensuring communities are not being overly restrictive on ADUs including
arbitrary restrictions on size, setbacks, and design. The bill takes effect on June 30, 2025, and requires cities to submit a report demonstrating compliance by that date.
The city is largely in compliance with the requirements of HB24-1152, as the city adopted ADU regulations in August 2022 which allow ADUs as a use-by-right on any
property containing a single-unit dwelling. There are only three provisions where the city
regulations partially comply: size of ADU, owner occupancy, and planned developments.
Size of ADU: The bill requires that ADUs are always allowed between 500 to 750 square
feet in size, to ensure that an ADU is large enough to accommodate one bedroom and
adequate kitchen and bathing facilities. The city’s ADU size restrictions are currently
based directly on the size of the primary dwelling, so an ADU is limited to 50% of the
square footage of the primary dwelling, or 1,000 square feet, whichever is less. Under this approach, if a primary dwelling is under 1,000 square feet (which exists in Wheat
Ridge), the ADU allowance is less than 500 square feet. To comply with the state law, the ordinance proposes changes to allow an ADU of at least 500 to 750 square feet in
size. Cities can still limit the maximum size of an ADU to be no larger than the size of
the primary dwelling, which the ordinance includes.
Owner Occupancy: The bill generally prohibits owner occupancy requirements for ADUs
with the goal of removing barriers to ADU construction and financing. The code
currently requires owner occupancy for all ADUs, meaning that the owner of the
property must live in either the main house or the ADU, to be demonstrated by recording
a deed restriction against the property stating the owner must live on site. However, HB24-1152 prevents that blanket approach to owner occupancy and instead presents
three scenarios.
• Scenario 1: For a new single-unit home being constructed concurrently with a new ADU, cities cannot require owner occupancy. The proposed ordinance will
remove the requirement for owner occupancy in this scenario.
• Scenario 2: For an ADU being used as a short-term rental, cities can enforce owner occupancy. The proposed ordinance will retain the owner occupancy
requirements for STRs and clarify that ADUs are considered partial-home rentals
which require the owner to be on site.
• 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.
The proposed ordinance will remove the requirement for owner occupancy in this scenario; see discussion in the next paragraph below.
Based on Council consensus from the March 2025 study session, the ordinance will not
Council Action Form – ADU Updates
May 12, 2025 Page 3
require proof of owner occupancy at time of permit submittal because it is unenforceable after. Staff recognize the importance of requiring owner occupancy as
part of the original 2022 ADU ordinance. However, after over 2.5 years of implementing the ADU ordinance and approving ADU applications with the required deed restrictions
and demonstration of owner occupancy, there are some lessons learned about the
efficacy of these requirements. ADUs have not proliferated to date, and staff believe
that without an owner occupancy requirement, ADUs would still not widely proliferate
due to other factors including construction and labor costs and tap fees for new ADUs. In practice, it is nearly impossible to enforce owner occupancy requirements particularly
after a property is sold. Notably, state law prohibits the city from requiring a deed
restriction that is recorded with the land or that requires owner occupancy in perpetuity.
The question becomes whether the city wants to invoke the narrow state allowance to
require owner occupancy at the moment in time when an ADU application is submitted, and Council consensus was not to go in that direction.
Planned Developments: The bill requires ADUs to be allowed in all existing/approved
Planned Developments (PD) where single-unit dwellings are allowed; in effect, this treats PDs the same as standard zoning districts. The city’s current regulations require
ADUs to be allowed in new PDs where single-unit dwellings are allowed, but did not
apply this retroactively to previously approved (i.e., existing PDs). ADUs in PDs would
still be required to meet the development standards of the PD in which they are located,
including setbacks, height restrictions, and reasonable design standards if applicable.
Summary of Proposed Code Amendment
The ordinance makes the following changes:
• Updates Section 26-646 (ADUs):
o Clarifies size restrictions of ADUs to allow ADUs within 500-750 square
feet in all circumstances as long as they remain smaller than the main
house, and clarifies maximum footprints of detached ADU structures
o Removes owner occupancy requirements for ADUs (except those containing STRs) and deletes the sections on deed restrictions
• Updates planned development regulations in Article III to allow ADUs in all
planned developments where single-unit dwellings exist, not just planned
developments approved after 2022
• Revises the development standards charts in Article II to add a footnote
regarding size of ADUs
RECOMMENDEDS:
Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 09-2025, an ordinance amending Section 26-646 of
the Wheat Ridge Code of Laws regarding Accessory Dwelling Units and making
Council Action Form – ADU Updates
May 12, 2025 Page 4
conforming amendments therewith, on second reading, order it published, and that it
takes effect fifteen days after final publication.”
Or,
“I move to postpone indefinitely Council Bill No. 09-2025, an ordinance amending
Section 26-646 of the Wheat Ridge Code of Laws regarding Accessory Dwelling Units
and making conforming amendments therewith, 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. 09-2025
2. Draft Planning Commission Minutes
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 09
Ordinance No. 1822
Series of 2025
TITLE: AN ORDINANCE AMENDING SECTION 26-646 OF THE WHEAT
RIDGE CODE OF LAWS REGARDING ACCESSORY DWELLING UNITS AND
MAKING CONFORMING AMENDMENTS THEREWITH
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, pursuant to this authority, the Council previously adopted regulations for Accessory Dwelling Units (ADUs) in 2022 which allow ADUs as an accessory use to
single-unit dwellings; and
WHEREAS, the State of Colorado Legislature adopted House Bill 24-1152 which
requires local governments to allow ADUs within specified parameters, effective June 30,
2025, and which contains other provisions pertaining to encouraging ADU construction; and
WHEREAS, city staff have recommended certain amendments to the City’s ADU
regulations contained in the Code of Laws based on the City’s actual experience in
regulating ADUs for the past 2.5 years and on best practices to better align the City’s
regulations with the state legislation; and
WHEREAS, the Council finds that these amendments are necessary to ensure the
continued effective regulation of ADUs within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 26-205.B (Residential-One District (R-1)) of the Wheat Ridge
Code of Laws is amended by creating a new footnote (g) pertaining to the size of accessory dwelling units:
ATTACHMENT 1
B. Development standards:
Maximum
Height
(f)
Maximum
Building
Coverage
Minimum
Lot
Area
Minimum
Lot
Width
Minimum
Front
Yard Setback (a)
Minimum
Side
Yard Setback (b)
Minimum
Rear
Yard Setback (b)
Principal Buildings Single detached
dwelling
35' 25% 12,500 sf 100' 30' (c) 15' 15'
Group home 35' 25% 12,500 sf 100' 30' (c) 15' 15'
Churches, schools,
government and quasi-government buildings, golf courses, small day
care center, and
nursing, elderly and congregate care homes
35' 25% 1 acre 200' 30' (c) 15' (e) 20'
Accessory Buildings (d)
Major 15' 1,000 sf N/A N/A 30' (c) 15' 15'
Minor 10' 200 sf N/A N/A 30' (c) 5' 5'
Accessory dwelling unit, detached 25’ Floor area limited to
50% of principal, or 1,000 sf, whichever is less (g)
N/A N/A 30’ (c) 15’ 15’
All Other
Uses 35' 25% 12,500 sf 100' 30' (c) 5' (e) 15'
Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this
requirement shall be reduced by half. (c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(f) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (g) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.
Section 2. Section 26-206.B (Residential-One A District (R-1A)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (g) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximum
Height
(f)
Maximum
Building
Coverage
Minimum
Lot
Area
Minimum
Lot
Width
Minimum
Front
Yard Setback (a)
Minimum
Side
Yard Setback (b)
Minimum
Rear
Yard Setback (b)
Principal Buildings Single detached
dwelling
35' 30% 9,000 sf 75' 25’ (c) 10' 15'
Group home 35' 30% 9,000 sf 75' 25’ (c) 10' 15'
Churches, schools,
government and quasi-government buildings, golf courses, small day
care center, and
nursing, elderly and congregate care homes
35' 30% 1 acre 200' 25’ (c) 15' (e) 20'
Accessory Buildings
(d)
Major 15' 1,000 sf N/A N/A 25’ (c) 5' if <= 10’ in height; 10' if > 10’ in height
5' if <= 10’ in height; 10' if > 10’ in height
Minor 10' 400 sf N/A N/A 25’ (c) 5' 5'
Accessory dwelling unit, detached 25’ Floor area limited to
50% of principal, or 1,000 sf, whichever is less (g)
N/A N/A 25’ (c) 5’ if ≤ 10’ in height, 10’ if
> 10’ in height
5’ if ≤ 10’ in height, 10’
if > 10’ in height
All Other
Uses 35' 30% 9,000 sf 75' 25’ (c) 10' 15'
Notes: (a) Front setback reductions may be allowed in accordance with Section 26-611. (b) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this
requirement shall be reduced by half.
(c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (d) See Section 26-625 for additional regulations pertaining to accessory buildings. (e) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(f) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific
project, have the effect of reducing the maximum height permitted. (g) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.
Section 3. Section 26-207.B (Residential-One B District (R-1B)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (i) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximum
Height
(h)
Maximum
Building
Coverage
Minimum
Lot
Area
Minimum
Lot
Width (a)
Minimum
Front
Yard Setback (b)
Minimum
Side
Yard Setback (c)
Minimum
Rear
Yard Setback (c)
Principal Buildings Single detached
dwelling
35' 40% 7,500 sf 60' 25’ (d) 5' (e) 10'
Group home 35' 40% 7,500 sf 60' 25’ (d) 5' (e) 10'
Churches, schools,
government and quasi-government buildings, golf courses, small day
care center, and
nursing, elderly and congregate care homes
35' 40% 1 acre 200' 25’ (d) 15' (g) 20'
Accessory Buildings
(f)
Major 15' 600 sf N/A N/A 25’ (d) 5' 5' if <= 10’ in height; 10' if > 10’ in height
Minor 10' 300 sf N/A N/A 25’ (d) 5' 5'
Accessory dwelling unit,
detached
25’ Floor area limited to
50% of principal, or 1,000 sf, whichever is less (i)
N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height, 10’ if
> 10’ in height
All Other
Uses 35' 40% 9,000 sf 60' 25’ (d) 5' (e) 10'
Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all
structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this
requirement shall be reduced by half. (d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side.
(f) See Section 26-625 for additional regulations pertaining to accessory buildings.
(g) Fifteen-foot setback for the first story and five (5) feet for each additional story. (h) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (i) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of
ADUs.
Section 4. Section 26-208.B (Residential-One C District (R-1C)) of the Wheat
Ridge Code of Laws is amended by creating a new footnote (g) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximum
Height
(f)
Maximum
Building
Coverage
Minimum
Lot
Area
Minimum
Lot
Width (a)
Minimum
Front
Yard Setback (b)
Minimum
Side
Yard Setback (c)
Minimum
Rear
Yard Setback (c)
Principal Buildings Single detached
dwelling
35' 40% 5,000 sf 50' 20’ (d) 5' 5’
Group home 35' 40% 5,000 sf 50' 20’ (d) 5' 5'
Churches, schools,
government and quasi-government buildings, golf courses, small day
care center, and
nursing, elderly and congregate care homes
35' 40% 1 acre 200' 20’ (d)
15' 20'
Accessory Buildings
(e)
Major 15' 600 sf N/A N/A 20’ (d) 5' 5'
Minor 10' 300 sf N/A N/A 20’ (d) 5' 5'
Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or
1,000 sf,
whichever is less (g)
N/A N/A 20’ (d) 5’ 5’
All Other Uses 35' 40% 9,000 sf 60' 20’ (d) 5' (e) 10'
Notes:
(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages.
(b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty (20) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.
(d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet
for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (f) Bulk plane regulations shall apply in accordance with Section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.
(g) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of
ADUs.
Section 5. Section 26-209.B (Residential-Two District (R-2)) of the Wheat
Ridge Code of Laws is amended by creating a new footnote (i) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximu
m
Height (h)
Maximum
Building
Coverage
Minimum
Lot
Area
Minimum
Lot
Width (a)
Minimum
Front
Yard Setback (b)
Minimum
Side
Yard Setback (c)
Minimum
Rear
Yard Setback (c)
Principal Buildings Single detached
dwelling
35' 40% 9,000 sf 75' 25’ (d) 5' (e) 10'
Duplex dwelling 35' 40% 12,500 sf 100' 25’ (d) 5' per story (e) 10'
Group home 35' 40% 9,000 sf 75' 25’ (d) 5' per story (e) 10'
Churches, schools,
government and quasi-government buildings, golf courses, small day care center, and
nursing, elderly and congregate care homes
35' 40% 1 acre 200' 25’ (d) 15' (g) 20'
Accessory Buildings
(f)
Major 15' 1,000 sf per
unit
N/A N/A 25’ (d) 5' 5' if <= 10’ in
height; 10' if > 10’ in height
Minor 10' 400 sf N/A N/A 25’ (d) 5' 5'
Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or
1,000 sf, whichever is less (i)
N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in height
All Other Uses 35' 40% 9,000 sf 75' 25’ (d) 5' (e) 10'
Notes:
(a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half.
(d) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3 at the end of section 26-123) (e) A total of fifteen (15) feet side yard setback for every individual lot with a minimum of five (5) feet on one (1) side. (f) See Section 26-625 for additional regulations pertaining to accessory buildings. (g) Fifteen-foot setback for the first story and five (5) feet for each additional story.
(h) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (i) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.
Section 6. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (j) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximum
Height
(i)
Maximum
Building
Coverage
Minimum
Lot
Area
Minimum
Lot
Width (a)
Minimum
Front
Yard Setback (b)
Minimum
Side
Yard Setback (c)
Minimum
Rear
Yard Setback (c)
Principal Buildings Single detached
dwelling
35' 40% 7,500 sf 60’ 25’ (d) 5' (d) 10'
Duplex dwelling 35' 40% 9,000 sf 75' 25’ (d) 5' per story 10'
Multi-unit dwelling (3/more dwelling units) (h)
35' 40% 13,050 sf (e) 100' 25’ (d) 5' per story 10' for one or two story buildings; 15' for three
story
Group home 35' 40% 9,000 sf 75' 25’ (d) 5' per story 10'
Churches, schools,
government and quasi-government buildings, golf courses, small day
care center, and
nursing, elderly and congregate care homes
35' 40% 1 acre 200' 25’ (d) 15' (f) 20'
Accessory Buildings
(g)
Major 15' 600 sf (per unit) N/A N/A 25’ (d) 5' 5' if <= 10’ in height; 10' if > 10’ in height
Minor 10' 400 sf/4
d.u.
N/A N/A 25’ (d) 5' 5'
Accessory dwelling
unit, detached 25’ Floor area
limited to
50% of
principal, or 1,000 sf, whichever is less (j)
N/A N/A 25’ (d) 5’ 5’ if ≤ 10’ in height; 10’ if >
10’ in height
All Other
Uses 35' 40% 9,000 sf 75' 25’ (d) 5' 10'
Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for
all structures, with the following exception: For Corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (d) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.) (e) A minimum of four thousand three hundred fifty (4,350) square feet of land area shall be required for each
dwelling unit for multi-unit buildings.
(f) Fifteen-foot setback for the first story and five (5) feet for each additional story. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all
standards of this section. See section 26-411.C regarding the required plat note for townhouse lots.
(i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted.
(j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs. […]
Section 7. Section 26-211.B (Residential-Three District (R-3)) of the Wheat Ridge Code of Laws is amended by creating a new footnote (j) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximum
Height
(i)
Maximum
Building
Coverage
Minimum
Lot
Area
Minimum
Lot
Width (a)
Minimum
Front
Yard Setback (b)
Minimum
Side
Yard Setback (d)
Minimum
Rear
Yard Setback (d)
Principal
Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (e) 5' 10'
Duplex dwelling 35' 40% 9,000 sf 75' 25’ (e) 5' per
story
10'
Multi-unit dwelling (3/more dwelling
units)
35' 40% 12,500 sf (f) 100' 25’ (e) 15' (c) 15' (c)
Group home 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10'
Churches, schools, government and quasi-government buildings, golf
courses, small day
care center, and nursing, elderly and congregate care homes
35' 40% 1 acre 200' 25’ (e) 15' (c) 20'
Accessory
Buildings (g)
Major 15' 600 sf (per unit)
N/A N/A 25’ (e) 5' 5' if <= 10’ in height; 10' if > 10’ in height
Minor 10' 400 sf/4 d.u. N/A N/A 25’ (e) 5' 5'
Accessory dwelling
unit, detached
25’ Floor area
limited to 50% of principal, or 1,000 sf, whichever is
less (j)
N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in
height; 10’ if > 10’ in height
All Other Uses 35' 40% 7,500 sf 60' 25’ (e) 5’ per story 10'
Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet
for each additional story over two (2) stories.
(d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty-five (25) feet for all
structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (e) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(f) A minimum of three thousand six hundred thirty (3,630) square feet of land area shall be required for each
dwelling unit for multi-unit buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all
standards of this section. See section 26-411.C regarding the required plat note for townhouse lots.
(i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.
[…]
Section 8. Section 26-212.B (Residential-Three A District (R-3 A)) of the Wheat
Ridge Code of Laws is amended by creating a new footnote (j) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximum Height
(i)
Maximum Building Coverage
Minimum Lot Area
Minimum Lot Width (a)
Minimum Front Yard
Setback (b)
Minimum Side Yard
Setback (d)
Minimum Rear Yard
Setback (d)
Principal Buildings Single detached dwelling 35' 40% 7,500 sf 60' 25’ (e) 5' 10'
Duplex dwelling 35' 40% 9,000 sf 75' 25’ (e) 5' per story 10'
Multi-unit dwelling
(3/more dwelling units) (h)
35' 40% 12,500
sf (f)
100' 25’ (e) 15' (c) 15' (c)
Group home 35' 40% 9,000 sf 75' 25’ (e) 5' per
story
10'
Churches, schools, government and
quasi-government
buildings, golf courses, small day care center, and nursing, elderly and
congregate care
homes
35' 40% 1 acre 200' 25’ 15' (c) 20'
Accessory Buildings (g)
Major 15' 600 sf (per unit) N/A N/A 25’ (e) 5' 5' if <= 10’ in height; 10' if
> 10’ in height
Minor 10' 400 sf/4 d.u. N/A N/A 25’ (e) 5' 5'
Accessory dwelling unit, detached 25’ Floor area limited to 50% of
principal, or
1,000 sf,
N/A N/A 25’ (e) 5’ 5’ if ≤ 10’ in height; 10’ if > 10’ in
height
Maximum Height
(i)
Maximum Building Coverage
Minimum Lot Area
Minimum Lot Width (a)
Minimum Front Yard Setback (b)
Minimum Side Yard Setback (d)
Minimum Rear Yard Setback (d)
whichever is
less (j)
All Other Uses 35' 40% 7,500 sf 60' 25’ (e) 5’ per story 10'
Notes: (a) Corner lots shall have a minimum lot width of eighty (80) feet for both street frontages. (b) Front setback reductions may be allowed in accordance with Section 26-611. (c) Side and rear yard setback shall be fifteen (15) feet for the first two (2) stories and an additional five (5) feet for each additional story over two (2) stories.
(d) Any side or rear yard which abuts a public street shall have a minimum setback of twenty five (25) feet for
all structures, with the following exception: For corner lots that are sixty (60) feet or narrower in width, this requirement shall be reduced by half. (e) Front setbacks for one-or two-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See Figure 26-123.3.)
(f) A minimum of three thousand nine hundred sixty (3,960) square feet of land area shall be required for each
dwelling unit for multi-unit buildings. (g) See Section 26-625 for additional regulations pertaining to accessory buildings. (h) Individual townhouse lots shall be exempt from minimum lot size, lot width, and interior side yard setback requirements, so long as the development parcel for the entire multi-unit townhouse building meets all
standards of this section. See section 26-411.C regarding the required plat note for townhouse lots.
(i) Bulk plane regulations shall apply in accordance with section 26-642, and may, when applied to a specific project, have the effect of reducing the maximum height permitted. (j) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.
[…]
Section 9. Section 26-213.B (Agricultural-One District (A-1)) of the Wheat
Ridge Code of Laws is amended by creating a new footnote (f) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximum Height
Maximum Building Coverage
Minimum Lot Area (d)
Minimum Lot Width
Minimum Front Yard
Setback
Minimum Side Yard
Setback (a)
Minimum Rear Yard
Setback (b)
Principal Buildings Single detached dwelling 35' 25% 1 acre 140' 30’ (c) 15' 15'
Group home 35' 25% 1 acre 140’ 30’ (c) 15’ 15’
Churches, schools,
government and
quasi-government buildings, golf courses, small day care center, and nursing, elderly and
congregate care homes
35' 25% 1 acre 200' 30’ (c) 15' 20'
Major 35' 25% N/A N/A 30’ (c) 15' 5'
Minor 35' 25% N/A N/A 30’ (c) 15’ 5'
Maximum Height
Maximum Building Coverage
Minimum Lot Area (d)
Minimum Lot Width
Minimum Front Yard Setback
Minimum Side Yard Setback (a)
Minimum Rear Yard Setback (b)
Accessory
Buildings
(e)
Accessory dwelling unit, detached 25’ Floor area limited to 50% of principal, or
1,000 sf, whichever is less (f)
N/A N/A 30’ (c) 15’ 5’
All Other Uses 35' 25% 1 acre 140’ 30’ 15’ 15’
Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures,
except where greater setbacks are specifically required. (c) Front setbacks for single-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3) (d) Lots smaller than one (1) acre may be used only for residential purposes.
(e) See Section 26-625 for additional regulations pertaining to accessory buildings.
(f) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of ADUs.
Section 10. Section 26-214.B (Agricultural-Two District (A-2)) of the Wheat
Ridge Code of Laws is amended by removing the existing footnote (d) which contains
an error conflicting with the table and other Code requirements, appropriate re-lettering of remaining sections, and the addition of a new footnote (f) pertaining to the size of
accessory dwelling units:
B. Development standards:
Maximum Height
Maximum Building
Coverage
Minimum Lot
Area (e)(d)
Minimum Lot
Width
Minimum Front
Yard Setback
Minimum Side
Yard Setback (a)
Minimum Rear
Yard Setback (b)
Principal Buildings Single detached
dwelling 35' 25% 1 acre 140' 30’ (c) 15' 15'
Group home 35' 25% 1 acre 140’ 30’ (c) 15’ 15’
Churches, schools,
government and quasi-government buildings, golf courses, small day care center, and
nursing, elderly and congregate care homes
35' 25% 1 acre 200' 30’ (c) 15' 20'
Accessory Buildings
(f) (e)
Major 35' 25% N/A N/A 30’ (c) 15' 5'
Minor 35' 25% N/A N/A 30’ (d) 15’ 5'
Accessory dwelling unit, detached 25’ Floor area limited to 50% of
N/A N/A 30’ (c) 15’ 5’
Maximum Height
Maximum Building Coverage
Minimum Lot Area (e)(d)
Minimum Lot Width
Minimum Front Yard Setback
Minimum Side Yard Setback (a)
Minimum Rear Yard Setback (b)
principal, or
1,000 sf,
whichever is less (f)
All Other Uses 35' 25% 1 acre 140’ 30’ 15’ 15’
Notes: (a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures,
except where greater setbacks are specifically required. (c) Front setbacks for single-unit dwelling structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions of lots which abut a cul-de-sac bulb. (See figure 26-123.3) (d) Accessory buildings housing livestock (including poultry, kennels and rabbits) shall be set back one hundred
(100) feet from the front property line. All other accessory buildings not listed shall have a minimum front
setback of seventy-five (75) feet. (e) (d) Lots smaller than one (1) acre may be used only for residential purposes. (f) (e) See Section 26-625 for additional regulations pertaining to accessory buildings. (f) See Section 26-646.B.3 for additional regulations and exceptions pertaining to the size and footprint of
ADUs.
Section 11. Section 26-312.L of the Wheat Ridge Code of Laws, concerning
planned residential development (PRD) district regulations, is hereby amended as follows:
L. Any planned residential development approved on and after August 1, 2022, which allows single detached dwelling units as a primary use shall allow
accessory dwelling units as an accessory use.
Section 12. Section 26-316.B of the Wheat Ridge Code of Laws, concerning planned mixed-use development (PMUD) district regulations, is hereby amended as
follows:
B. Permitted uses. Permitted uses shall be a mixture of residential and
commercial uses governed by approval of the outline development plan.
Extended stay lodging shall be permitted only in planned mixed use districts and planned commercial districts, and only as a special use subject to the standards
in chapter 11, article XVI. Any planned mixed-use development approved on and after August 1, 2022, which allows single detached dwelling units as a primary
use shall allow accessory dwelling units as an accessory use.
Section 13. Section 26-646.A of the Wheat Ridge Code of Laws concerning eligible zone districts for Accessory Dwelling Units is hereby amended as follows:
A. Eligible zone districts: An accessory dwelling unit (ADU) shall be permitted as
an accessory use to single detached dwellings in all residential and
agricultural zone districts, the mixed use-neighborhood (MU-N) zone district,
and portions of the mixed use-Lutheran Legacy campus (MU-LLC) zone
district per the table of permitted uses (Table 5) in section 26-1410.B. Planned residential developments and planned mixed use developments that
are approved on and after August 15, 2022 and that allow single detached
dwelling units as a primary use shall also allow ADUs as an accessory use.
Section 14. Section 26-646.B of the Wheat Ridge Code of Laws concerning development standards for Accessory Dwelling Units is hereby amended as follows:
B. Development standards:
…
3. Size: The floor area of an accessory dwelling unit shall not exceed fifty
(50) percent of the gross floor area of the primary dwelling unit, or one thousand (1,000) square feet, whichever is more restrictive. As an
exception to this rule, an attached accessory dwelling unit in a basement
or second floor may exceed this allowance, provided the area does not
exceed the area of the first floor of the same structure.
a. The floor area of an accessory dwelling unit shall not exceed fifty (50) percent of the gross floor area of the primary dwelling
unit, or one thousand (1,000) square feet, whichever is more
restrictive. Regardless of this limit, ADUs shall always be
permitted between five hundred (500) and seven hundred fifty
(750) square feet in size, so long as the gross floor area of the ADU does not exceed that of the primary dwelling unit.
b. As an exception, an attached accessory dwelling unit in a
basement or second floor may exceed the size limitations,
provided the area does not exceed the area of the first floor of the
same structure.
c. The maximum footprint of a detached ADU structure shall be
one thousand (1,000) square feet. This footprint shall include the allotted floor area of the ADU, plus any other spaces attached to
the ADU, such as a garage, carport, porch, or deck.
…
Section 15. Section 26-646.E of the Wheat Ridge Code of Laws concerning owner occupancy requirements for Accessory Dwelling Units is hereby amended as
follows:
E. Owner occupancyOccupancy and sale restrictions:
1. If the ADU is to be operated as a “partial-home” short-term rental as
described in section 26-645, then Tthe property owner, as reflected in title
records and evidenced by voter registration, vehicle registration or other similar means, must occupy either the primary dwelling unit or the ADU.
2.Deed restriction: As a condition of and prior to approval of an ADU, or issuance
of building permit for the ADU (or at a later time if determined by the director as
appropriate for the proposed initial or later use of the property), the property
owner shall be required to execute a declaration of restrictions, binding upon successors and assigns, in a form approved by the city attorney, to be recorded
by the city with the Jefferson County Clerk and Recorder, which requires that:
a. The ADU shall not be sold separately from the primary dwelling unit, nor
shall the lot on which it is situated be subdivided unless such subdivision
can be accomplished in accordance with all provisions of this Code;
b. The primary dwelling unit or the ADU shall be occupied by the property
owner; and
c. Failure to continuously comply with deed restrictions may subject the
owner of the property to penalties provided for in this Code, including the
revocation of the certificate of occupancy or completion.
2. The ADU shall not be sold separately from the primary dwelling unit, nor shall
the lot on which it is situated be subdivided unless such subdivision can be
accomplished in accordance with all provisions of this Code.
3. Removal of deed restriction: In the event the ADU is demolished or modified
such that it no longer functions as an ADU, the community development director shall record appropriate documentation releasing such encumbrance upon
written request of the property owner.
Section 16. Section 26-646.F of the Wheat Ridge Code of Laws concerning
nonconforming Accessory Dwelling Units is hereby amended as follows including the
removal of 26.646.F.4 and renumbering the remaining subsection accordingly:
A. Nonconforming properties: 1. Owners of property currently containing structures which may fall within
the definition of ADU under section 26-123, are hereby granted the right to
apply to the city for approval of the same until August 15, 2026. Following
that date, and in absence of city approval of an ADU under this section,
unapproved or unpermitted ADUs shall be subject to enforcement as provided by law. Upon review and approval of such applications by the
city, the deed restriction requirement of subsection E. shall apply.
Development standards of subsection B. do not apply.
2. A building permit shall be required for any construction or modification of
the ADU to bring the structure into compliance with applicable building codes, to the extent practical, as determined by the community
development director, in consultation with the chief building official. A
building permit is not required to the extent the ADU is determined to be
legally nonconforming pursuant to section 26-120 as documented by proof provided by the owner and to the satisfaction of the community
development director. 3. If a property contains more than one (1) ADU, deemed lawful pursuant to
subsections F.1. and F.2. by August 15, 2026, those ADUs shall be allowed
to remain until voluntarily demolished or converted to other uses, consistent with the provisions of Code subsection 26-120.C.
4. The owner occupancy requirement of this section shall not apply to
properties which, on August 15, 2022 (as documented by proof provided
by the owner and to the satisfaction of the community development
director), contain a primary dwelling and ADU, neither of which are occupied by the owner. In the event the property is sold or the owner
commences occupancy of either the primary dwelling or ADU, this
exemption from the application of the owner occupancy requirements of
this section shall expire.
5. 4. Properties containing existing nonconforming accessory structures may be eligible for conversion of those structures to an ADU only to the
extent a variance to address nonconforming elements is first obtained pursuant to section 26-115.
Section 17. 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 18. 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 19. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this
28th day of April 2025, ordered published by title 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 May 12, 2025 at 6:30 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote
of ___ to ___, this __ day of ____, 2025.
SIGNED by the Mayor on this _____ day of ____________, 2025.
_______________________________
Bud Starker, Mayor ATTEST:
_______________________________
Margy Greer, Senior Deputy City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: April 29, 2025
Second Publication: May 13, 2025 Effective Date: May 28, 2025
Jeffco Transcript and www.ci.wheatridge.co.us
Planning Commission Minutes - 5 –
April 17, 2025
Chapter 26 of the Wheat Ridge Code of Laws regarding residential
occupancy limits and making conforming amendments therewith.
Motion carried 6-0.
C.Case No. ZOA-25-3: An ordinance amending Section 26-646 of the Wheat
Ridge Code of Laws regarding Accessory Dwelling Units and making
conforming amendments therewith.
Mr. Cutler gave a short presentation regarding the resolution.
Public Comment
No one wished to speak at this time.
In response to a question from Commissioner HEDGES, Mr. Cutler
confirmed there will be no minimum size to ADUs and the only minimum
would be the building code requirements.
Commissioner GRAEVE asked for clarification on the minimum size.
Mr. Cutler explained that the minimum is a right and someone could elect
to go smaller but will also be limited by the house size.
Commissioner GRAEVE asked if tiny homes are permitted.
Mr. Cutler confirmed that tiny homes are allowed but they must be on
permanent foundations.
Commissioner GRAEVE asked for clarification on why owner occupancy
was a requirement in 2022.
Mr. Cutler mentioned that owner occupancy was important to City Council
in 2022 to ensure the ADU ordinance would be successful at that time.
Commissioner WOOD inquired how many ADUs have been built since 2022.
Mr. Cutler said he does not have an exact number, but mentioned ADUs are
not proliferating, and it could be due to the water and sanitation tap fees.
Commissioner QUINN asked how many people can be on the lot if there is
an ADU.
Mr. Cutler said that will be based on Building Code (number and size of
bedrooms).
ATTACHMENT 2
Planning Commission Minutes - 6 –
April 17, 2025
Commissioner QUINN asked how group homes relate to ADUs.
Mr. Cutler confirmed that group homes are usually limited to 8 unrelated
people and are regulated separately in terms of occupancy. He added a group home setting can have an ADU.
It was moved by Commissioner HEDGES and seconded by Commissioner MOORE to recommend approval of the proposed ordinance amending
Chapter 26 of the Wheat Ridge Code of Laws regarding Accessory Dwelling Units and making conforming amendments therewith.
Motion carried 6-0.
7. OLD BUSINESS
8. NEW BUSINESS
A. Upcoming Dates
Ms. Easley mentioned there will not be a meeting on May 1, but most likely
there will be a meeting on May 15.
B. Project and Development Updates
Ms. Easley mentioned that the Clear Creek Crossing Hampton Inn is close
to getting their CO and Primrose Daycare is under construction. She also
shared the city map to show the Commissioners what projects are under
review, under construction, etc..
Commissioner DISNEY asked about the proposed daycare near 38th and
Allison Street and Judy Townhomes.
Mr. Cutler said the daycare is under review and the Judy Townhomes
developer went bankrupt but there is some renewed interest.
C. Commissioner Updates
Commissioner WOOD mentioned she is excited to be a part of the Planning
Commission and has been a planner for 30 years – half of that in transportation – and has lived in Wheat Ridge for 32 years.
ITEM NUMBER: 4
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL 10-2025
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS REGARDING RESIDENTIAL
OCCUPANCY LIMITS AND MAKING CONFORMING
AMENDMENTS THEREWITH
☒PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☒ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
This ordinance amends Chapter 26 of the Wheat Ridge Code of Laws to update
residential occupancy limits to comply with a recent update to the City Charter and
state legislation.
PRIOR ACTION:
The City Council discussed the proposed code amendment at their March 17, 2025,
study session, and directed staff to proceed with preparing an ordinance for
consideration.
Planning Commission reviewed the ordinance at a public hearing held on April 17,
2025, and recommended approval by a vote of 6 to 0. The draft Planning
Commission minutes are included as an attachment.
City Council approved this ordinance on first reading on April 28, 2025. A motion was made by Councilmember Dozeman and seconded by Councilmember Stites
and was approved by a vote of 8 to 0.
FINANCIAL IMPACT:
The proposed ordinance is not anticipated to have a direct financial impact on the city.
BACKGROUND:
The State of Colorado Legislature passed several bills in the 2024 Legislative
Session related to land use and housing. House Bill (HB) 24-1007, titled “Prohibit
Council Action Form – Residential Occupancy Limits
May 12, 2025 Page 2
Residential Occupancy Limits,” prohibits municipalities from limiting the number of
people who may live together in a single dwelling unit based on familial
relationships and whether or not persons are related. Occupancy can still be regulated based on health and safety standards, such as building codes or fire
codes to prevent overcrowding, or any applicable affordable housing program guidelines. This bill took effect on July 1, 2024.
As a response to this bill, the City Charter was modified by voters as part of ballot
measure 2B in November 2024 to remove references to “family unit” within the Charter and to remove the limit on three (3) unrelated persons living together as a single
housekeeping unit. The approval of 2B put the City Charter in compliance with the state law, but other portions of the code that reference family units were not updated at that
time.
Current Code
References to “family” or “family unit” remain in Chapter 26, including a definition of
“family” and a few definitions which rely on the term “family” to calculate a maximum number of residents. Additionally, the code has a section on Occupancy Limits (section
26-638) which includes a limit on three (3) unrelated persons living together. In order to
be compliant with the state law and the Charter, these provisions must be removed.
Proposed Zoning Code Amendment
The proposed code amendment updates the occupancy limits to be based on the maximum permitted by the applicable adopted building codes or applicable state or
federal regulations. This removes a specific, yet arbitrary, number from the code and
instead bases the occupancy limit on health and safety standards to be compliant with state law. Section 26-638 will be significantly simplified as a result. Group homes are
subject to a different standard including some occupancy limits as defined in Section 26-612; no standards for group homes are changing as part of this ordinance.
The ordinance makes the following updates:
• The definition of “family” will be removed from the zoning code as it contains the
limit on three (3) unrelated persons and other restrictions not legal under state
law. The definition can be removed because no other code provisions will rely on
the term “family” after this code amendment, and it is not necessary to preserve in the zoning code. In 2022, a code amendment already removed many other
references to family in favor of “dwelling unit.”
• The definition of “congregate care home” will be modified to remove the reference to “family unit.”
• The definition of “rooming/boarding” will be removed as it relies on a number of
residents in a “family.” This term is not relevant anymore since the city adopted
Council Action Form – Occupancy Limits
May 12, 2025 Page 3
short-term rental (STR) regulations in 2021 which distinguishes between short-term rentals (less than 30 days) and long-term rentals (30 days or more).
• Finally, the bed and breakfast requirements in Section 26-608 will be updated to
remove a reference to family and rooming/boarding.
Staff do not have concerns with these changes, notably because occupancy limits
based on familial relation were challenging to enforce and difficult to prove.
Additionally, placing an arbitrary limit on the number of unrelated individuals at three (3)
may have the effect on not filling bedrooms in a larger home or limiting housing
options. Further, the group home regulations will remain in effect which may limit the impacts of those types of living situations on neighborhoods. The proposed code
changes put the code into compliance with the state law and the Charter; it is best
practice that all parts of the city code and Charter match.
RECOMMENDATIONS: Staff recommends approval of the ordinance.
RECOMMENDED MOTION:
“I move to approve Council Bill No. 10-2025, an ordinance amending Chapter 26 of the
Wheat Ridge Code of Laws regarding residential occupancy limits and making conforming amendments therewith, on second reading, order it published, and that it
takes effect fifteen (15) days after final publication.”
Or,
“I move to postpone indefinitely Council Bill No. 10-2025, an ordinance amending
Chapter 26 of the Wheat Ridge Code of Laws regarding residential occupancy limits and
making conforming amendments therewith, 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. 10-2025
2. Draft Planning Commission Minutes
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER DOZEMAN
Council Bill No. 10
Ordinance No. 1823
Series of 2025
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE
CODE OF LAWS REGARDING RESIDENTIAL OCCUPANCY LIMITS AND
MAKING CONFORMING AMENDMENTS THEREWITH
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, the State of Colorado Legislature adopted House Bill 24-1007 which prohibits local governments from limiting the number of people who may live together in
a single dwelling unit based on familial relationship, while preserving the authority to
regulate occupancy based on health and safety standards in adopted building codes; and
WHEREAS, in November 2024, Wheat Ridge voters approved an amendment to the
Home Rule Charter, that, among other topics, removed residential occupancy limits from the Charter based on familial relation and number of unrelated individuals; and
WHEREAS, the Council recognizes that from time to time the zoning Code needs
to be updated to include modern terminology, update cross-references, remove conflicts
within the Code, and provide clarity to city staff and the public; and
WHEREAS, the Council finds this ordinance is necessary to conform the Code of
Laws to the state legislation and the amended Home Rule Charter.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO:
Section 1. Section 26-123 of the Wheat Ridge Code of Laws, defining certain terms
applicable to Chapter 26 of the Code, is hereby amended as follows:
Family. One (1) or more persons related by blood, marriage, adoption, or legal
custody plus domestic servants employed for service on the premises, or a group of not
more than three (3) persons who need not be so related living together as a single
housekeeping unit. Four (4) or five (5) unrelated people sixty (60) years of age or over
ATTACHMENT 1
sharing one (1) housekeeping unit shall also be deemed to be a family. A family shall
not include more than one (1) person required to register as a sex offender pursuant to
C.R.S. § 18-3-412.5, as amended, unless related by blood, marriage, adoption, or legal custody.
Residential group homes.
…
(c) Congregate care home: A residential facility established for the exclusive use of elderly persons, sixty (60) years or older, where intermediate nursing care may or may
not be available, and where living and sleeping quarters are provided for individuals or couples; where, however, kitchen facilities are not provided. Meals are prepared by a
central kitchen and may be served in a central dining room or taken in the living
quarters. For the purpose of meeting the residential density provisions of the Wheat Ridge Home Rule Charter, each three (3) persons, based upon maximum designed
occupancy load, shall constitute one (1) family unit.
Rooming/boarding. An accessory use to a dwelling, where in addition to a family,
as defined herein, not more than two (2) persons not related to the family are provided lodging for compensation, with or without meals, either paid directly or indirectly, and on
a contract basis for not less than thirty (30) days.
Section 2. Subsection 26-204.C of the Code is hereby amended as follows in
the “Table of Uses—Residential” Accessory Uses for Residential Districts, by removing the rooming/boarding use from the table:
Accessory Uses For Residential Districts Notes
Rooming and/or boarding of not more
than 2 persons
On a contract basis for not less than 7
days
Section 3. Subsection 26-204.C of the Code is hereby amended as follows in
the “Table of Uses—Agricultural and Public Facilities” Agricultural and Public Facilities Districts Accessory Uses, by removing the rooming/boarding use from the table:
Agricultural and Public Facilities Districts
Accessory Uses
Notes
Rooming and/or boarding for not more
than 2 persons
On a contract basis for not less than 7
days
Section 4. Section 26-608 of the Wheat Ridge Code of Laws, regulating bed
and breakfast rooms, is hereby amended as follows:
ATTACHMENT 1
Bed and breakfast rooms are allowed as a special use as a subordinate use of a single
detached dwelling subject to the following requirements:
A. The dwelling must be occupied by the owner. B. In addition to the owner’s sleeping quarters and those of the family who also
legally reside within the dwelling, uUp to a maximum of four (4) additional
sleeping quarters for transient occupancy may be provided for rent based
upon the following requirements:
1. ….
….
4. Additional rooming and boarding is excluded as an accessory use
where a bed and breakfast use has been approved.
Section 5. Section 26-638 of the Wheat Ridge Code of Laws, regulating occupancy limits of residential dwelling units, is hereby amended as follows:
A. Except as provided in subsections B. and E. hereof, the maximum occupancy
allowed per dwelling unit in a single-unit, two-unit, or multi-unit dwelling shall
be either:shall not exceed the maximum permitted by the applicable building
codes adopted or amended by the City of Wheat Ridge as set forth in chapter 5 of the Code, or by any applicable state or federal law or regulation, or by
affordable housing guidelines applicable to the dwelling unit.
1. One (1) family, as defined by section 26-123 of this Code, and not more
than one (1) additional person; or
2. Two (2) adults and their dependents, if any, and not more than one (1) additional person.
B. Exceptions. The following shall be exempt from thesubject to different
maximum occupancy limits than those established in subection A. above:
1. Residential group homes that conform to the requirements of section 26-
612 of this Code; and.
2. Dwellings owned and operated by a nonprofit organization incorporated
under the laws of this state for the purpose of providing housing to victims of domestic violence as such is defined in C.R.S. § 18-6-800.03.
C. A violation of this section shall be proven by a preponderance of the evidence
as a civil matter for which imprisonment shall not be imposed. The owner and
any other person responsible for the management or control of a dwelling unit
shall be liable for allowing occupancy in excess of this section if he or she they knew, or through reasonable diligence should have known, that a
violation of this section was occurring.
D. Definitions. The following words, terms and phrases when used in this
section, shall have the following meanings:
1. Adult shall mean any person eighteen (18) years of age or older who is not a dependent.
ATTACHMENT 1
2. Dependent shall mean the biological child of an adult occupying a dwelling
unit, or a person related to an adult by reason of adoption, guardianship or
other duly authorized custodial relationship, who receives financial support from the adult and who resides with the adult in the dwelling unit
at least three (3) calendar months in a calendar year.
3. Occupancy or occupy shall mean the use of a dwelling unit or any portion
thereof for living and sleeping purposes by a person acting in any of the
following capacities: a. As an owner of the unit;
b. As a tenant under an express or implied lease or sublease of the
unit or of any portion thereof;
c. As the dependent of such an owner or tenant; or
d. As a guest or invitee of the owner, property manager, lessee or sublessee of the unit or of the dependent of any of the same, if
such guest or invitee stays overnight at the unit a total of thirty (30)
or more days within any twelve-month period.
E. Nothing in this section shall operate to amend, abrogate or otherwise affect
the validity of occupancy limitations as applied to building standards and regulations of the city, as set forth in Chapter 5 of this Code, including all
technical codes adopted by reference therein. In the event of a conflict
between two (2) applicable occupancy standards, the stricter (lower)
occupancy limit shall apply.
Section 6. Safety Clause. The City of Wheat Ridge hereby finds,
determines, and declares that this ordinance is promulgated under the general police
power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this ordinance is necessary for the preservation of health and safety
and for the protection of public convenience and welfare. The City Council further
determines that the ordinance bears a rational relation to the proper legislative object
sought to be attained.
Section 7. Severability, Conflicting Ordinances Repealed. If any section,
subsection, or clause of this Ordinance shall be deemed to be unconstitutional or
otherwise invalid, the validity of the remaining sections, subsections and clauses shall
not be affected thereby. All other ordinances or parts of ordinances in conflict with the
provisions of this Ordinance are hereby repealed.
Section 8. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this
28th day of April 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
ATTACHMENT 1
final passage set for May 12, 2025 at 6:30 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this __ day of ____, 2025.
SIGNED by the Mayor on this _____ day of ____________, 2025.
_______________________________
Bud Starker, Mayor
ATTEST:
_______________________________
Margy Greer, Senior Deputy City Clerk
Approved as to Form
_________________________
Gerald E. Dahl, City Attorney
First Publication: April 29, 2025
Second Publication: May 13, 2025 Effective Date: May 28, 2025
Jeffco Transcript and www.ci.wheatridge.co.us
Planning Commission Minutes - 1 –
April 17, 2025
PLANNING COMMISSION
Minutes of Meeting
April 17, 2025
CALL THE MEETING TO ORDER
The meeting was called to order by Chair Quinn at 6:31 p.m. This meeting was
held in person and virtually, using Zoom video-teleconferencing technology.
1.ROLL CALL OF MEMBERS
Commission Members Present: Kristine DisneyDaniel Graeve
Cody Hedges Michael Moore
Patrick Quinn
Susan Wood
Commission Members Absent: Krista Holub
Syrma Quinones
Staff Members Present: Jana Easley, Planning Manager Scott Cutler, Senior Planner
Tammy Odean, Recording Secretary
2.PLEDGE OF ALLEGIANCE
3.APPROVE ORDER OF THE AGENDA
It was moved by consensus to approve the order of the agenda.
4.APPROVAL OF MINUTES – March 6, 2025
It was moved by Commissioner DISNEY and seconded by Commissioner
GRAEVE to approve the minutes of February 2, 2024, as written. Motion carried
6-0-1 with Commissioner WOOD abstaining.
5.PUBLIC FORUM (This is the time for any person to speak on any subject notappearing on the agenda.)
No one wished to speak at this time.
6.PUBLIC HEARING
ATTACHMENT 2
Planning Commission Minutes - 4 –
April 17, 2025
Commissioner GRAEVE also appreciated the conversation and understands
the appeal for a freestanding emergency department on this site that
currently not very appealing.
Commissioner HEDGES appreciates the work that has been put into this
plan but still not sure if this is the vision of the Wadsworth Boulevard area.
Commissioner DISNEY realizes this will be nice for the community and has
no concerns about traffic.
Motion carried 5-1 with Commissioner HEDGES voting against.
B. Case No. ZOA-25-2: An ordinance amending Chapter 26 of the Wheat
Ridge Code of Laws regarding residential occupancy limits.
Mr. Cutler gave a brief presentation regarding the ordinance for occupancy limits.
Public Comment
No one wished to speak at this time.
Commissioner WOOD appreciated the thoroughness of complying with
state law and consistent with the City Charter and wondered if there are any changes beyond state law.
Mr. Cuter could not think of anything, but it could default to building code if there is anything further.
Commissioner GRAEVE asked if there has been an instance when someone
has been found in violation.
Mr. Cutler mentioned that recently Code Enforcement had recently cited
someone under the unrelated individuals not realizing the Charter had been amended. He added it is best practice to codify everything so that all
regulations match.
Commissioners HEDGES and GRAEVE think this a positive movement and
like the staff report.
Commissioner WOOD mentioned there is a shortage of housing and hopes this will fill the void.
It was moved by Commissioner DISNEY and seconded by Commissioner
MOORE to recommend approval of the proposed ordinance amending
Planning Commission Minutes - 5 –
April 17, 2025
Chapter 26 of the Wheat Ridge Code of Laws regarding residential
occupancy limits and making conforming amendments therewith.
Motion carried 6-0.
C. Case No. ZOA-25-3: An ordinance amending Section 26-646 of the Wheat
Ridge Code of Laws regarding Accessory Dwelling Units and making
conforming amendments therewith.
Mr. Cutler gave a short presentation regarding the resolution.
Public Comment
No one wished to speak at this time.
In response to a question from Commissioner HEDGES, Mr. Cutler
confirmed there will be no minimum size to ADUs and the only minimum
would be the building code requirements.
Commissioner GRAEVE asked for clarification on the minimum size.
Mr. Cutler explained that the minimum is a right and someone could elect
to go smaller but will also be limited by the house size.
Commissioner GRAEVE asked if tiny homes are permitted.
Mr. Cutler confirmed that tiny homes are allowed but they must be on
permanent foundations.
Commissioner GRAEVE asked for clarification on why owner occupancy
was a requirement in 2022.
Mr. Cutler mentioned that owner occupancy was important to City Council
in 2022 to ensure the ADU ordinance would be successful at that time.
Commissioner WOOD inquired how many ADUs have been built since 2022.
Mr. Cutler said he does not have an exact number, but mentioned ADUs are
not proliferating, and it could be due to the water and sanitation tap fees.
Commissioner QUINN asked how many people can be on the lot if there is
an ADU.
Mr. Cutler said that will be based on Building Code (number and size of
bedrooms).
ITEM NUMBER: 5
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
COUNCIL BILL 08-2025
AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF
LAWS REGARDING FREESTANDING EMERGENCY DEPARTMENTS
☐PUBLIC HEARING ☐BIDS/MOTIONS ☐RESOLUTIONS
☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The City received a request from HCA HealthONE LLC and its affiliate HCA HealthONE Rose to amend the Wheat Ridge Code of Laws to allow for freestanding emergency
departments (FSED) in the city and for the development of a medical campus at the
northwest corner of 38th Avenue and Wadsworth Boulevard.
PRIOR ACTION:
City Council discussed the proposed code amendment at its March 3, 2025, study
session and directed staff to proceed with preparing an ordinance for consideration.
Planning Commission reviewed the ordinance at a public hearing held on April 17, 2025, and recommended approval by a vote of 5 to 1. The draft Planning Commission minutes
will be included with the Council Action Form for the second reading.
FINANCIAL IMPACT:
There is no direct financial impact to the City in amending the Code to allow for FSED in the City. If the code is amended, future development could occur with these types of
facilities which would generate development related fees and potential sales tax.
HCA HealthONE has submitted a Letter of Intent to purchase the former Midas property
from the City for the as-is appraised price of $422,500.
BACKGROUND:
HCA HealthONE (the operator of Rose hospital and other metro area facilities) is
proposing a medical campus on property zoned MU-C at the northwest corner of West 38th Avenue and Wadsworth Boulevard. The campus would include medical office uses
Council Action Form – Freestanding Emergency Departments
May 12, 2025 Page 2
as well as a freestanding emergency room facility (also known as a freestanding
emergency department or FSED). HCA HealthONE is under contract to purchase the
vacant Midas building from the City and the surrounding Wilmore Center.
Current Code The property at W. 38th Avenue and Wadsworth Boulevard is zoned Mixed Use-
Commercial (MU-C) which allows for medical office uses. Based on a prohibition that
dates back to 2015, however, MU-C zoning does not allow for freestanding emergency rooms (ERs). With the Lutheran hospital’s move to the west side of the city, staff believe
it is an appropriate time to reevaluate the prohibition.
In 2015, the term “freestanding emergency room” did not appear in the municipal code.
Related terms in the code included “medical office/clinic” and “hospital,” the latter of which is defined in the code:
Hospital. An institution providing health services for patients suffering from illness, disease, injury, deformation and other abnormal physical or mental
conditions, including as an integral part of the institution such related facilities as
inpatient and outpatient care, laboratories, training facilities, central service facilities and staff offices.
A code interpretation in 2015 determined that freestanding ERs were allowed only
where hospitals were permitted based on ERs being more similar to hospitals than
medical office buildings. This would have permitted a freestanding ER in the MU-C zone district where hospitals are permitted as conditional uses.
Also in 2015, a zone change application was submitted for a property on Wadsworth
south of 38th Avenue requesting a rezone to MU-C for the purpose of establishing a
freestanding emergency department. The application was denied by the Planning
Commission and withdrawn before going to the City Council.
At the time, freestanding ERs were prevalent in local news because of their rapid
proliferation throughout Colorado and a lack of transparency in billing practices. The
Colorado Legislature was evaluating potential action to protect consumers, and City
Council adopted a series of moratoriums from 2016 to 2018 allowing time to evaluate
the land use and any potential state action.
Council evaluated a range of regulatory approaches, and in 2018 ultimately decided to
create code Section 26-643, defining and prohibiting freestanding emergency rooms
throughout the city. That section reads:
Sec. 26-643. - Freestanding emergency room facilities.
A. For purposes of this section, freestanding emergency room facilities shall mean
and include a medical facility that is not physically attached to a hospital facility
that has the capability of providing medical care and services to patients with
Council Action Form – Freestanding Emergency Departments May 12, 2025
Page 3
emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility may include,
but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to accommodate ambulance arrivals and departures, board-certified emergency
physicians, board-certified emergency nurses, on-site lab and imaging
capabilities and similar equipment, services and treatments not commonly
available in urgent-care facilities.
B. The use of freestanding emergency room facilities, as defined in this section, is
strictly prohibited in all zone districts within the city.
This decision was based in part on the small size of Wheat Ridge and the centrally
located Lutheran Hospital at the former medical campus at 8300 W. 38th Avenue. Medical uses in the City’s base zone districts are summarized in the table below. The
former and current Lutheran Hospital were both part of planned development zone
districts.
Summary of Medical-Related Uses by Zone District
(P = Permitted, C = Conditional, NP = Not Permitted)
NC RC C-1 C-2 I-E MU-N MU-C MU-C TOD MU-C Int MU-LLC
Medical Office P P P P P P P P P Varies by sub- district Hospital NP NP NP NP NP NP C C C NP
Freestanding ER NP NP NP NP NP NP NP NP NP NP
Proposed Zoning Code Amendment
With changes to state law, the move of Lutheran Hospital, and the request by Rose
Medical; the attached ordinance proposes a new approach to freestanding ERs. They
could be allowed and limited through this approach: allowing them as a conditional use in the MU-C zone district and requiring them to be part of a medical campus of at least 5 acres in size. This approach would limit proliferation of freestanding ERs.
To that end, the attached ordinance makes the following changes:
• Updates Section 26-643 (Freestanding Emergency Room Facilities).
• Amends the Table of Uses by zone district to allow FSED as a conditional use within the MU-C zone district.
• Updates language to the contemporary terminology of “freestanding emergency
department.” This is the term established by the Colorado Legislature when they
enacted mandatory licensure of freestanding ERs through HB19-1010.
Council Action Form – Freestanding Emergency Departments
May 12, 2025 Page 4
RECOMMENDED MOTION:
Staff recommends approval of the ordinance. First reading in these cases is a procedural action that merely sets the date for the (second reading) public hearing. No
testimony is taken on first reading.
“I move to approve Council Bill No. 08-2025, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding Freestanding Emergency Departments on first reading, order it published, the public hearing set for Monday, June 9, 2025, at 6:30
p.m. as a virtual meeting and in City Council Chambers, and that it takes effect fifteen
(15) days after final publication.” Or,
“I move to postpone indefinitely Council Bill No. 08-2025, an ordinance amending
Chapter 26 of the Wheat Ridge Code of Laws regarding Freestanding Emergency Departments, for the following reason(s): _______________________________________.” REPORT PREPARED/REVIEWED BY:
Jana Easley, Planning Manager
Lauren Mikulak, Community Development Director Patrick Goff, City Manager
ATTACHMENTS: 1. Council Bill No. 08-2025
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER
Council Bill No. 08
Ordinance No. 1821
Series of 2025
TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT
RIDGE CODE OF LAWS REGARDING FREESTANDING EMERGENCY
DEPARTMENTS
WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers
conferred by Article XX of the Colorado Constitution; and
WHEREAS, pursuant to its home rule authority and C.R.S. §§ 31-15-501 and 31-23-
301, et seq., the City, acting through its City Council (the “Council”), is authorized to adopt
ordinances for the protection of the public health, safety or welfare; and
WHEREAS, pursuant to this authority, the Council previously adopted regulations
concerning freestanding emergency room facilities, codified within Chapter 26 of the
Wheat Ridge Code of Laws (“Code”); and
WHEREAS, City Staff have recommended certain amendments to code section 26-
643 and the table of uses in code section 26-1111 to conditionally allow freestanding emergency departments in the Mixed Use-Commercial (MU-C) zone district; and
WHEREAS, the Council finds that these amendments are necessary to ensure the
continued effective regulation of freestanding emergency departments within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT
RIDGE, COLORADO:
Section 1. Section 26-643 of the Code, regarding freestanding emergency
departments is hereby amended as follows:
Sec. 26-643. - Freestanding emergency room facilities departments.
C. For purposes of this section, freestanding emergency room facilities
departments shall mean and include a medical facility that is not physically attached to a hospital facility that has the capability of providing medical care and services to patients
with emergency medical conditions in a manner similar to emergency rooms located within hospitals. Features of a freestanding emergency room facility department may
include, but are not limited to, expanded hours of operation, drive-lanes or vehicle bays to
accommodate ambulance arrivals and departures, board-certified emergency physicians,
ATTACHMENT 1
board-certified emergency nurses, on-site lab and imaging capabilities and similar
equipment, services and treatments not commonly available in urgent-care facilities.
D. The use of freestanding emergency room facilities, as defined in this section, is strictly prohibited in all zone districts within the city. Where permitted by the
table of uses in sections 26-204 and 26-1111, freestanding emergency departments
must be on a site of at least five (5) acres in size and co-located exclusively with other
medical uses (such as office, clinic, and laboratory uses) to create a medical campus.
Section 2. Subsection 26-204.C of the Code is hereby amended in the “Table of
Uses—Commercial and Industrial Districts” by modifying the use name and leaving the
remaining cells empty (meaning not permitted):
Uses Notes NC RC C-1 C-2 I-E
[…]
Freestanding
emergency room
facilities departments
Section 3. Subsection 26-1111.B of the Code, regarding permitted uses in the mixed use zone districts, is hereby amended as follows:
Use Group MU-C MU-C
Interstate MU-C TOD MU-N
[…]
Public, Civic, and Institutional
Freestanding emergency
room facilities departments (see § 26-643) NP C NP NP NP
Section 17. 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 18. 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 19. Effective Date. This Ordinance shall take effect fifteen (15) days
after final publication, as provided by Section 5.11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 12th day of May 2025, ordered published by title in a newspaper and in full on the City’s
website as provided by the Home Rule Charter, and Public Hearing and consideration on final passage set for June 9, 2025 at 6:30 p.m., as a virtual meeting and in the Council
Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of ___ to ___, this __ day of ____, 2025.
SIGNED by the Mayor on this _____ day of ____________, 2025.
_______________________________
Bud Starker, Mayor
ATTEST:
____________________________________
Margy Greer, Senior Deputy City Clerk
Approved as to Form
______________________________
Gerald E. Dahl, City Attorney
First Publication: May 13, 2025
Second Publication: June 10, 2025 Effective Date: June 24, 2025
Jeffco Transcript and www.ci.wheatridge.co.us
ITEM NUMBER: 6
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION APPROVING A TERMINATION AGREEMENT AND A
FUNDING AGREEMENT RELATED TO THE SALE OF FRUITDALE SCHOOL
LOFTS
☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
Fruitdale School Partners LLC intends to sell the Fruitdale School Lofts property to
Foothills Regional Housing. The purpose of the sale is to ensure the long-term affordability of the 16 dwelling units. To facilitate the sale, certain agreements need to
be in place to terminate the prior development agreement and to establish the financial
obligations for the proposed sale.
PRIOR ACTION:
At a special study session on February 24, 2025, staff presented the proposed sale.
Council consensus supported the proposed terms of the sale between Fruitdale School
Partners (FSP) and Foothills Regional Housing (FRH). Council consensus also
supported the allocation of $2 million in Naturally Occurring Affordable Housing (NOAH)
funds which were awarded to the city through a U.S. Department of Housing and Urban Development (HUD) grant.
The Wheat Ridge Housing Authority had a discussion of the same topic on March 19,
2025, and a motion of support was approved by a vote of 4-0 including forgiveness of
WRHA loans.
FINANCIAL IMPACT:
City Council and the Wheat Ridge Housing Authority (WRHA) were partners in the
original redevelopment of Fruitdale School into a 16-unit residential project. Investments from the City and WRHA assisted in the preservation and rehabilitation of
the historic school and in the creation of five deed-restricted affordable units. As part of
the 2016 Amended and Restated Development Agreement, the City and WRHA made
Council Action Form – Fruitdale Agreements
May 12, 2025
Page 2
the following loans to the project:
• City loan - $2,115,000 (20-year term, interest accrues in 2018; one repayment of
$1.5M was made in 2018 leaving an outstanding balance of $615,000)
• City loan - $470,000 (35-year term, interest accrues in 2027)
• WRHA loan - $170,000 (35-year term, interest accrues in 2037)
• WRHA loan - $400,000 (35-year term, interest accrues in 2017)
Based on consensus from the earlier study sessions, the enclosed agreements
establish the following financial obligations:
• WRHA forgives $570,000 in loans,
• FRH assumes and repays the city’s loan balance of $1,085,000,
• the city allocates $2 million in NOAH funds to FRH, and
• FRH assumes the Freddie Mac loan on the property.
BACKGROUND:
The city and WRHA have been involved in the redevelopment of the historic Fruitdale
School since 2007, when the school was decommissioned from the Jefferson County
School District and set for demolition. WRHA purchased the school in April 2011 with
the intent to preserve the historic resource and find a use for the property that would benefit the community. After careful consideration of various redevelopment options,
WRHA decided in early 2014 to seek a private development partner. In early 2015,
WRHA selected Hartman Ely Investment (HEI), an established local development firm
with extensive experience in redeveloping and repurposing historic properties.
In 2016, HEI pursued redevelopment of the building into 16 mixed-income units in
partnership with the city and WRHA. The building includes 11 market-rate units and five
HOME-funded units that are deed-restricted for income-qualified residents. The project
also incorporates numerous sustainability components, including a solar power array,
providing more than 80% of the project’s energy needs, a free electric vehicle charging station, small fruit orchards, and other low-water-use edible landscaping. The project
was made through a successful partnership with the city, WRHA, and HEI among others.
Proposed Sale
Last year, HEI, doing business as Fruitdale School Partners (FSP), began seeking a buyer for the property, in part because of its small size, low returns, and rising insurance
costs. Recognizing the importance of its affordability and a desire to avoid tenant displacement, FSP began active negotiations with FRH, a trusted community partner
that develops and manages affordable housing in Jefferson County.
FSP and FRH are now under contract on the property; the Purchase and Sale Agreement
was executed on April 1, 2025, and FRH has begun the due diligence process for the
Council Action Form – Fruitdale Agreements
May 12, 2025
Page 3
sale. FRH intends to preserve the historic property and increase the affordability of the
project from five units to all 16 units.
The sale of property requires support from both City Council and WRHA through the
forgiveness of loans and the execution of agreements before proceeding.
Termination Agreement
The sale of the property will first require a termination of the 2016 Amended and Re-stated Development Agreement (the “Termination Agreement”) between FSP, the city,
and WRHA. The Termination Agreement will release FSP from loan repayment and allow
the sale of the property to FRH. The 2016 agreement and proposed Termination
Agreement are enclosed as Attachments 1 and 2.
Funding Agreement
Sale of the property will also require a new agreement between the city, WRHA and
Foothills Housing Authority (the “Funding Agreement”); this is enclosed as
Attachment 3.
In addition to the financial terms noted above, the Funding Agreement ensures long-
term community benefits, historical preservation, and affordability. FRH has been and
continues to be a good partner to the city and has agreed to uphold the same
commitments from the original development agreement, which include:
• The name Fruitdale will remain on the property,
• The exterior of the historical structure will be maintained,
• The historic gallery wall will be maintained,
• Tours may be accommodated by request, and
• Continued production of the orchard and edible landscaping.
Based on the city’s contribution of NOAH funds, the Funding Agreement obligates FRH
to abide by certain federal requirements associated with NOAH grant funds. It also includes the following commitments by FRH:
• Retention of existing tenants per their current leases, and
• Increasing the total number of affordable units from five to 16 housing units for
households earning less than 80% of area median income (AMI).
As part of the city’s NOAH preservation program, FRH will ensure that all 16 units
remain affordable for 12 years, which is the period of affordability required by the
existing five HOME-funded deed-restricted units. Typically, a restrictive covenant would
be recorded on the property to ensure the affordability of the 11 remaining units not currently deed restricted. However, as part of the sale of the property, FRH will assume
the existing Freddie Mac loan, which restricts their ability to rewrite the loan conditions.
Through the Funding Agreement, FRH has agreed to work in good faith to ensure the
long-term affordability of all 16 units after the 12-year period has ended.
Council Action Form – Fruitdale Agreements
May 12, 2025
Page 4
Update on Federal CPF Funds In March 2025, HUD approved the city’s use of the Community Project Funding (CPF), which allows the city to allocate these funds exclusively to FRH for acquisition of
Fruitdale School Lofts. A subrecipient agreement has been executed with FRH,
obligating them to meet the same federal requirements as the city. The city is waiting
on environmental reports from the due diligence process to fulfill HUD’s environmental
requirements. Federally required notification to tenants is being prepared.
Staff continues to maintain direct communication with HUD. If federal funds fall through
at any point in the process, the property will not be sold to FRH, and the agreements will
be null and void.
Next Steps WRHA is reviewing the Termination and Funding Agreements in a public meeting on
Tuesday, May 13, 2025. The buyer is working through the due diligence process as
efficiently as possible, and a closing date will be set based on completion of federal requirements and due diligence.
RECOMMENDATIONS:
Staff recommend approval of the Termination and Funding Agreements. Participation by the city and WRHA ensures long-term affordability of 16 units.
RECOMMENDED MOTIONS:
“I move to approve a Termination Agreement and a Funding Agreement related to the
sale of Fruitdale School Lofts.”
Or,
“I move to not approve a Termination Agreement and Funding Agreement for the
following reason(s).”
REPORT PREPARED/REVIEWED BY:
Shannon Terrell, Senior Housing Planner
Jana Easley, Planning Manager
Lauren Mikulak, Community Development Director
Patrick Goff, City Manager
ATTACHMENTS:
1. 2016 Amended and Re-stated Development Agreement
2. Termination of the Amended and Restated Development Agreement
3. Funding Agreement
ATTACHMENT 1
-1-
TERMINATION OF AMENDED AND RE-STATED DEVELOPMENT AGREEMENT FOR THE FRUITDALE SCHOOL PROPERTY
This Termination of Amended and Re-stated Development Agreement for the Fruitdale School Property (“Agreement”) is made and entered into as of this __ day of _______, 2025 by and among the City of Wheat Ridge, a Colorado home rule municipal corporation whose address is
7500 West 29th Avenue, Wheat Ridge, CO 80233 (“City”), the Wheat Ridge Housing Authority (“WRHA”), and Fruitdale School Partners LLC, a Colorado limited liability company (“Developer” or “Development Entity”), together referred to herein as the “Parties” or individually as a “Party.”
WITNESSETH:
WHEREAS, the City is a home rule municipality operating under a charter approved by its electorate pursuant to Article XX of the Colorado Constitution; and
WHEREAS, WRHA is a public housing authority organized and operating under C.R.S. 29-4-201, et seq; and
WHEREAS, WRHA acquired title to certain real property and associated buildings located at 10803 West 44th Avenue and consisting of approximately 1.44 acres, known as the Fruitdale School (“Property”). The legal description of the Property is attached hereto as Exhibit A; and
WHEREAS, WRHA and the Developer entered into a Purchase and Sale Agreement (the “PSA”) dated as of November 2, 2015, whereby the Developer acquired the Property via a deed from WRHA dated December 6, 2016; and
WHEREAS, the City, WRHA, and Developer entered into a Development Agreement for the redevelopment of the Fruitdale School on February 22, 2016 (“Original Agreement”). The Original Agreement was filed for record with the Jefferson County Clerk and Recorder on March
16, 2016 at Reception No. 2016024215, which agreement was replaced in its entirety by an Amended and Re-stated Development Agreement filed for record on November 30, 2016 at Reception No. 2016125862; and
WHEREAS, the Developer has subsequent to the execution of the Amended and Restated Development Agreement, completed development of the Property, now referred to as the “Fruitdale Lofts" Property which currently accommodates five (5) affordable housing rental units and eleven (11) market rate rental units and associated walkways, parking areas, landscaping and pedestrian amenities; and
WHEREAS, pursuant to a purchase and sale agreement between the Developer and Jefferson County Housing Authority, d/b/a Foothills Regional Housing (“Buyer”) (the “Foothills PSA"), the Developer intends to sell the Property to FRH Fruitdale Lofts LLC, a Colorado limited liability company ("Foothills"), as the Buyer’s assignee under the Foothills PSA; and
WHEREAS, the City and WRHA have agreed to terminate the Amended and Restated Development Agreement to facilitate the sale of the Property to Foothills in order to continue to
meet the original goals of the City and WRHA in acquiring the Property to preserve the historic Fruitdale School building to provide affordable housing and adaptive reuse; and
WHEREAS, WRHA and the City will agree to terminate the Amended and Restated
Development Agreement only if those goals are achieved under the conditions contained herein.
ATTACHMENT 2
-2-
NOW THEREFORE, in consideration of the mutual promises and covenants contained herein the sufficiency of which is acknowledged and confessed, the Parties agree as follows:
Section 1. The Amended and Restated Development Agreement for the Fruitdale School Property is hereby terminated, and all obligations of the Parties thereunder are released, conditioned upon the satisfaction or occurrence of all of the conditions in Sections 2 and 3 hereof.
In the event any one of the conditions in Sections 2 and 3 is not achieved or satisfied according to its terms, this Agreement shall not become effective and the Amended and Restated Development Agreement shall not terminate, and instead will remain effective, as set forth in Section 3.
Section 2. Conditions precedent to termination of Amended and Restated Development Agreement:
The City, WRHA, and Foothills shall have entered into an agreement for the “Funding Agreement for the Fruitdale School Lofts” and this Agreement is subject to the terms and conditions of the Funding Agreement for the Fruitdale School Lofts.
Section 3.0. Effectiveness. This Agreement may be executed and approved by the City and the Wheat Ridge Housing Authority prior to closing and by Foothills and Developer pursuant to the Foothills PSA; provided, however, that this Agreement shall not be effective unless and until all of the conditions in Article 2 of the Funding Agreement for the Fruitdale School Lofts are met. In the event such conditions are not met, this Agreement shall be void and of no effect, and
the original Amended and Restated Development Agreement shall remain in full force and effect. A copy of the Funding Agreement attached hereto as Exhibit B solely for the purpose of illustrating the conditions of that Agreement which must be fulfilled in order for this Agreement for
Termination of Amended and Restated Development Agreement for the Fruitdale School Property to be effective and for no other purpose. Developer is not a beneficiary of the Funding Agreement in any way.
Section 4.0 General Provisions.
Section 4.01. Governmental Immunity. Neither the WRHA nor the City waives the protections, limitations of liability and defenses of the Colorado Governmental Immunity Act, any other statute or the common law. In addition, nothing in the Developer’s indemnity shall expand the liability of the City or WRHA under the Colorado Governmental Immunity Act.
Section 4.02. Defense and Indemnification. The City, the WRHA, and the Developer will cooperate in the defense of any third-party challenge of this Agreement, the Project, or any Project entitlements or related documents. If Developer elects, in its sole discretion, to contest or defend a challenge, the Developer shall take the lead role and hold the City and WRHA harmless from any damages awarded. Any proposed settlement will be subject to the City, WRHA, and Developer’s approval, each in its reasonable discretion. In addition, the City and WRHA shall
have the right, but not the obligation, to contest or defend any challenge, at their sole expense, in the event the Developer elects not to do so.
Section 4.03. Subject to Annual Appropriations. The Parties agree the City of Wheat
Ridge is subject to provisions of Colorado Constitution Article X Section 20. All of the City’s financial obligations hereunder, whether direct or contingent, extend only to funds appropriated annually by the City Council and encumbered for the purpose of the Agreement. The City does
not by this Agreement irrevocably pledge present cash reserves for payment or performance in
-3-
future fiscal years. This Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of the City.
Section 4.04 Electronic Signatures. The Parties consent to the use of electronic signatures. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The
Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper copy of an electronic document, or a paper copy of a document bearing an electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original.
Section 4.05. Inspection of Records; Audit. Any authorized agent of the City and of WRHA, has the right to access and the right to examine any pertinent books, documents, papers and records (“Records”) of the Developer and its property manager, during ordinary business hours and after reasonable prior notice, involving transactions related to this Agreement until the latter of three (3) years after the Closing under the Foothills PSA.
The City or WRHA may at any time cause an audit of the Developer’s Records to confirm compliance with any of the rights and obligations of the Developer, the City, and WRHA hereunder.
Section 4.06. Enforcement and Termination.
A. Developer’s sole and exclusive remedy is to commence an action for specific
performance. In no event may the Developer claim or obtain specific performance compelling the City Council to appropriate funds.
B. In addition to the other remedies in this Section, the Developer, City and WRHA have the
right to institute any action at law or in equity to cure or remedy any default.
C. Each Party will bear its own attorney fees and court costs in any action.
D. No Party shall be entitled to claim or receive as a remedy any form of damages, including
consequential, punitive or economic damages, including lost profits.
E. Force Majeure: Performance will not be deemed a default in the event of war, strikes, natural disasters, litigation, terrorism, reasonably unforeseen site conditions, and failure of governmental entities to act. The Party claiming a force majeure delay must provide notice within 30 days of actual acknowledge of the event causing delay. The period of the force majeure delay shall commence to run from the date of such notice and the time of such delay shall be the actual delay time incurred.
Section 4.07. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the United States, the State of Colorado, and the Charter, Code of Laws, ordinances and regulations of the City, which are expressly incorporated into this Agreement. Unless otherwise specified, any reference to statutes, laws, regulations, charter or
code provisions, ordinances, executive orders, or related memoranda, includes amendments or supplements to same. Venue for any legal action relating to this Agreement shall be proper and exclusive in the District Court in and for Jefferson County, Colorado
Section 4.08. No Third-Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all rights of action relating to such
-4-
enforcement shall be strictly reserved to the Parties; and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third person on such Agreement.
It is the express intention of the Parties that any person or entity other than the Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. Notwithstanding the foregoing, the Parties acknowledge that this Agreement is executed for the
express benefit of Foothills and its successors and assigns.
Section 4.09. Claims. In the event of any claim, demand, suit, or action is made or brought in writing by any third person or entity against one of the Parties related in any way to this Agreement, the Party in receipt of the same shall promptly notify and provide copy of said claim, demand, suit, or action to the other Party.
Section 4.10. Notices. All notices, demands or consents required or permitted under this Agreement shall be in writing and delivered personally or by appropriate electronic transmission (receipt verified) or by certified mail, return receipt requested, to the following:
City of Wheat Ridge: Patrick Goff, City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80233 pgoff@ci.wheatridge.co.us
with a copy to: Gerald Dahl, City Attorney City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80233 gdahl@mdbrlaw.com
WRHA: Lauren Mikulak, Executive Director Wheat Ridge Housing Authority 7500 W. 29th Avenue
Wheat Ridge, Colorado 80233 lmikulak@ci.wheatridge.co.us
Developer: James Hartman Manager
Fruitdale School Partners LLC 2120 Bluebell Avenue Boulder, CO 80302
with a copy to: Treasa Burke Faegre Drinker Biddle & Reath LLP 1144 15th Street, Suite 3400 Denver, CO 80202
The number of persons or addresses set forth above may be changed any time by written notice in the manner provided herein.
-5-
Section 4.11. Entire Agreement; Recording. This Agreement constitutes the entire agreement of the Parties. The Parties agree there have been no representations, oral or written,
other than those contained herein and that the various promises and covenants contained herein are mutually agreed upon and under consideration for one another. Prior to closing of the Foothills PSA, this Agreement may be amended only by written instrument, approved by all Parties in the
same manner as this Agreement. After such closing this Agreement shall be irrevocable once executed and recorded. This Agreement shall be filed for record with the Jefferson County Clerk and Recorder.
Section 4.12. No Joint Venture. This Agreement is not intended, nor shall this Agreement be construed to establish or constitute a joint venture between the Parties.
Section 4.13. Severability. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable all other provisions nevertheless remain effective; provided however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft terms or conditions that will legally achieve the original intent and purposes of the Parties hereunder.
Section 4.14. Headings for Convenience. Headings and titles contained herein are intended for the convenience and reference of the Parties only and are not intended to combine, limit, or describe the proper scope or intent of any provision of this Agreement.
Section 4.15. Authority. Each Party represents and warrants that it has taken all actions
that are necessary or that are required by its applicable law to legally authorize the undersigned signatories to execute this Agreement on behalf of the Party and to bind the Party to its terms. The persons executing this agreement on behalf of each Party warrant they have full authorization
to execute this Agreement.
Section 4.16. No Construction Against Drafting Party. The Parties acknowledge that each of them and their respective counsel have had the opportunity to review this Agreement and that
this Agreement shall not be construed against any Party merely because this Agreement or any of its provisions, have been prepared by a particular Party.
Section 4.17. Counterpart Signatures. This agreement may be signed by the parties in counterparts.
-6-
CITY OF WHEAT RIDGE, COLORADO
By: _____________________________
Bud Starker, Mayor
ATTEST:
_______________________________
Margy Greer, Senior Deputy City Clerk
seal
APPROVED AS TO FORM:
___________________________
Gerald Dahl, City Attorney
WHEAT RIDGE HOUSING AUTHORITY
By: _______________________________
____________________, Chair
ATTEST:
__________________________
_________________, Clerk to the Authority
-7-
FRUITDALE SCHOOL PARTNERS LLC
By: _____________________________
James Hartman, Manager
STATE OF COLORADO ) ) ss.
COUNTY OF _________________ )
The foregoing instrument was acknowledged before me this day of 2025, by as the of Fruitdale School Partners LLC.
_________________________________
Notary Public
-8-
EXHIBIT A
Legal Description of the Property Lot 2, Fruitdale School Subdivision, City of Wheat Ridge, County of Jefferson, State of Colorado
-9-
EXHIBIT B Funding Agreement for the Fruitdale School Lofts [attached]
FUNDING AGREEMENT FOR THE FRUITDALE SCHOOL LOFTS
This Funding Agreement for the Fruitdale School Lofts (“Agreement”) is made and entered into as of this __ day of ________, 2025 by and among the City
of Wheat Ridge, a Colorado home rule municipal corporation whose address is 7500 West 29th Avenue, Wheat Ridge, CO 80233 (“City”), Wheat Ridge Housing Authority, a public housing authority organized under C.R.S. 29-4-201, et seq (“WRHA”), and the Jefferson County Housing Authority dba Foothills Regional Housing, a body corporate and politic (together with its successors and assigns,
“Foothills”). The City, WRHA, and Foothills are collectively referred to herein as the “Parties” or individually as a “Party”.
WITNESSETH:
WHEREAS, Fruitdale School Partners LLC, a Colorado limited liability company (“FSP”) is the owner of that certain property commonly known as the
Fruitdale School and located at 10803 W. 44th Avenue, Wheat Ridge, Colorado 80033 as more particularly described on Exhibit A attached hereto (“Property”); and
WHEREAS, the City, WRHA, and FSP entered into a Development Agreement for the redevelopment of the Property on February 22, 2016 (“Original
Agreement”). The Original Agreement was filed for record with the Jefferson County Clerk and Recorder on March 16, 2016 at Reception No. 2016024215, which agreement was replaced in its entirety and superseded by an Amended and Re-stated Development Agreement filed for record on November 30, 2016 at Reception No. 2016125862 (“Development Agreement”); and
WHEREAS, of the sixteen (16) total residential units within the Project, five (5) of the units were acquired using a HOME Investment Partnership (“HOME”)loan, and twelve (12) years remain until those units may be released from theHOME Restrictive Covenant on April 17, 2033.
WHEREAS, FSP has completed development of the Property, now referred
to as the Fruitdale Lofts (“Project”), as contemplated by the Development Agreement; and
WHEREAS, the City, WRHA, and FSP have agreed, pursuant to that certain Termination of Amended and Restated Development Agreement for the Fruitdale School Property (“Termination Agreement”) to terminate the Development
Agreement in order to facilitate the sale of the Property to Foothills and in order to continue to meet the original goals of the City and WRHA in acquiring the Property to preserve the historic Fruitdale School building to provide affordable housing and adaptive reuse; and
ATTACHMENT 3
WHEREAS, FSP and Foothills entered into a Purchase and Sale Agreement dated as of April 1, 2025, (“Foothills PSA”) whereby Foothills will acquire the Property from FSP, and in connection therewith, will pursue the
assumption, satisfaction, waiver or release, as appropriate, of certain real property loans applicable to the Property; and
WHEREAS, the City has offered its entire Federal Congressional Set-Aside Funds (“Community Project Grant Funds”) administered through the Department of Housing and Urban Development (“HUD”) for the acquisition of the
Property and to preserve the affordability of the eleven (11) non-HOME units as part of the City’s Naturally Occurring Affordable Housing Preservation Program (“NOAH Preservation Program”); and
WHEREAS, the Parties wish to provide for the terms and conditions under which the various financial obligations of FSP in connection with the Property are
assumed, satisfied, waived or released, as appropriate, and for the ongoing obligations of Foothills and the City with respect to each other in the future operation and maintenance of the Project.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein the sufficiency of which is acknowledged and
confessed, the Parties agree as follows:
ARTICLE 1. THE PROJECT
Section 1.01. Site and Improvements. The Project consists of approximately 1.44 acres and includes the historic Fruitdale School, which was renovated into sixteen (16) residential rental units, five (5) of which are restricted
as affordable units in the HOME Restrictive Covenant.
ARTICLE 2. PROJECT INDEBTEDNESS: FUNDING, ASSUMPTION, AND DISPOSITION
Section 2.01. Funding Agreement. On or before _________, 2025 the City, the WRHA, and Foothills shall have entered into this “Funding Agreement for the
Fruitdale School Lofts.”
Section 2.02. Subrecipient Agreement: Community Project Grant Funds On or before the date of Closing of the sale of the Property to Foothills under the Foothills PSA (the “Closing”), the City and Foothills shall have, in their sole and exclusive discretion, entered into an Agreement for Use of Community Project
Grant Funds (the “Subrecipient Agreement”) under which Foothills shall agree to accept the sub award of grant funds in the amount of $2 million, Grant No. B-24-CP-CO-0447 and to perform the obligations of the City as grantee, all as contained within the Subrecipient Agreement.
Section 2.03. Satisfaction or Release of City and WRHA Loans.
A. At the time of Closing on the Property, under the Foothills PSA, HUD is anticipated to provide the Community Project Grant Funds to the escrow
agent. The Community Project Grant Funds are to be used by Foothills
to acquire the Property. B. Below is a list of obligations that currently encumber the Property and that are anticipated to be paid off and released at Closing:
a. The WRHA long term loan in the amount of $170,000 b. The WRHA loan in the amount of $400,000 c. The City long term loan in the amount of $470,000
d. The City loan with a current loan balance of $615,000 (in the
original amount of $2,115,000, less a single payment of $1,500,000), and e. A Deed of Trust securing a grant from the State Historical Fund, dated March 23, 2017, in the amount of $224,662
C. Conditioned upon all the terms and conditions of the Termination Agreement, the Foothills PSA, the Subrecipient Agreement and this Funding Agreement being satisfied on or before Closing of the sale of the Property to Foothills pursuant to the Foothills PSA, WRHA shall
unconditionally release and forgive the WRHA long term loan, the
WRHA loan, and the March 23, 2017 WRHA Deed of Trust. Concurrently upon receipt of the Community Project Grant Funds, Foothills shall pay off the City long term loan and the City loan mentioned in Sections 2.03(B)(c) and (d) upon receipt of the Community Project Grant Funds.
D. With respect to the loans held by the City and WRHA, such loans shall, upon their release as described above, be documented as satisfied via the execution and recordation at Closing by the City and/or WRHA, as appropriate, of the necessary instruments to memorialize the same,
including but not limited to documenting promissory notes as paid and
deeds of trust as released.
Section 2.04. Assumption or Release of other Indebtedness. The Parties acknowledge that the Property is also subject to the following additional indebtedness, all of which must either be assumed or released by Foothills as a
further condition of the effectiveness of this Agreement:
A. A HOME Loan from Jefferson County dated December 9, 2016 in the amount of $680,000 B. A Federal Home Loan Mortgage Corporation (“FHLMC”) Loan from Hunt
Mortgage Partners, LLC (“Lender”) dated September 27, 2018 in the approximate amount of $1,494,000.
ARTICLE 3. AFFORDABLE HOUSING RESTRICTIONS
Section 3.01. Basis for Restrictions. The City is dedicated to preserving affordable units through the NOAH Preservation Program. The City has agreed to provide Foothills with $2,000,000 in Community Project Grant Funds, which
will be used for the acquisition of the Property. In exchange for the benefit conferred on Foothills from receiving the Community Project Grant Funds, Foothills agrees to impose the affordable restrictions described in this Article 3 on the Property.
A. Residential Units: The remaining eleven (11) units at the Property that
are not affected by the HOME Covenant (“Remaining Units”) shall be rent-restricted and occupied by individuals and families with an adjusted income of equal to or less than 80% of the area median income (“AMI”), as periodically established by the Department of Housing and Urban Development (“HUD”) with adjustments for the
number of bedrooms in the unit and less utility allowance amounts (“Rent and Occupancy Restrictions”). Foothills may use either the HUD Utility Schedule Model or another project-specific methodology permitted by HUD to calculate the utility allowance amounts.
B. Term: These Rent and Occupancy Restrictions shall be binding on the
Remaining Units so that all sixteen (16) units within the Property be affordable and binding for the same term as the HOME Restrictive Covenant and will terminate on April 17, 2033 (as may be shortened, the “Term”). In the event the HOME Restrictive Covenant is terminated for any reason, these Rent and Occupancy Restrictions shall likewise
terminate. Following any termination of the HOME Restrictive Covenant, Foothills shall work in good faith to use financing mechanisms that would preserve the affordability for a longer period. The Rent and Occupancy Restrictions on the Remaining Units shall not be recorded against title at Closing unless approved by Lender and
only the HOME Restrictive Covenant shall remain recorded against title at closing, as may be modified by Lender.
C. Current Tenants: Current tenants shall not be displaced during the acquisition of the Property and shall be given written notice of the sale of the Property, as required by the Uniform Relocation Act (“URA”).
Tenants’ leases shall be honored for the duration of their existing term
unless they are in default and/or they violate any provisions stated in their leases.
D. Enforcement: Foothills shall provide a written report to the City annually commencing one (1) year after the effective date hereof, listing the rent and occupancy limits for each tenant or household
within the Project reflecting how it meets the restrictions of Article 3.
E. Survival. The Rent and Occupancy Restrictions shall survive for the Term as specified in Section 3.01(B).
ARTICLE 4. CITY RESTRICTIONS
Section 4.01. Restrictive Covenant. The Parties acknowledge that on
December 9, 2016, the Property was made subject to a restrictive covenant providing, among other things, that:
1. “The word “Fruitdale" in some form shall always be made a part of
the name of any school, business, or other operational facility maintained on the Property;”
2. “The historic qualities of the exterior of the principal building on the
Property including, without limitation, brickwork and architectural details
shall be preserved, modified and maintained in reasonable compliance with
preservation standards adopted by the National Park Service and the Colorado State Historical Preservation Office to maintain the building status
on the National Register of Historic Structures;”
3. “FSP must diligently pursue securing all necessary entitlements,
financing, etc. to commence and complete construction in a timely way. The
Buyer intends to use the Property for residential apartments as well as certain public or semi-public uses. The Buyer agrees to enter into a
development agreement prior to Closing on property that establishes
additional timely performance benchmarks to achieve those intended uses
of the Property.”
The Restrictive Covenant by its terms is perpetual and runs with the land and upon every conveyance, mortgage, lien, or encumbrance thereof, and
is binding upon all successors and assigns of the parties, unless released by written instrument executed by the Wheat Ridge Housing Authority acting in its sole and exclusive discretion. On or before the date of Closing under the Foothills PSA, Foothills as intended successor in interest to the Property, must either acknowledge this Covenant, or agree to execute, on
or before Closing on the Property, a substitute covenant containing essentially the same protections, if approved by both the City Attorney and Lender.
Section 4.02. Property Benefits and Limitations. Foothills shall maintain the
Project using commercially reasonable efforts to facilitate the following public benefits as an integral part of the Project:
A. Maintain an important National Register historic landmark within the
City.
B. Maintain the supply of affordable housing in the community under the terms of Article 3 in this Agreement.
C. Provide space for exterior public events within the Property. Periodic public access to the Property’s interior areas will also be provided, as a
community education benefit.
D. Provide mutually-agreeable community education regarding sustainable development practices, including existing building re-use, solar power, energy efficiency, edible landscaping and other appropriate development strategies.
E. Providing mutually agreeable produce, at no cost to the City, from the Property’s fruit orchard and edible landscaping, as a part of the City’s history and national leadership role with local food production.
F. Maintain the historic gallery wall on the first floor hallway.
Section 4.03. Survival. Foothills’ obligations under this Agreement shall
survive Closing and be binding upon Foothills’ successors and assigns.
ARTICLE 5. MAINTENANCE OF THE PROJECT
Section 5.01. Operation and Maintenance of the Project. Foothills shall be and remain responsible for all operation and maintenance of the entirety of the
Property, including all property maintenance functions typically associated with a
rental residential property, as well as all associated landscaping and improvements on the Property.
ARTICLE 6. EFFECTIVENESS
Section 6.01. Effectiveness: After execution by the Parties, this Agreement
shall nevertheless not become effective unless and until all of the following actions or conditions occur or are satisfied. In the event any one or more of said actions or occurrences does not occur or is not satisfied, this Agreement shall be null, void and of no effect:
A. Subrecipient agreement signed
B. Community Project Grant Funds received and delivered to the escrow agent at Closing for the benefit of Foothills
C. Foothills PSA signed
D. Termination Agreement signed and recorded at Closing
E. Closing of sale to Foothills occurs
F. Section 2.03 City Loans satisfied or released
G. Section 2.04 Other Indebtedness assumed or released
ARTICLE 7. GENERAL PROVISIONS
Section 7.01. Subject to Annual Appropriations. The Parties agree the City and WRHA are subject to provisions of Colorado Constitution Article X Section 20. All of the City’s and WRHA’s financial obligations hereunder, whether direct or contingent, extend only to funds appropriated annually by the City Council or the
WRHA Board, as appropriate, and encumbered for the purpose of the Agreement. Neither the WRHA nor the City does by this Agreement irrevocably pledge present cash reserves for payment or performance in future fiscal years. This Agreement does not and is not intended to create a multiple-fiscal year direct or indirect debt or financial obligation of the City or of WRHA.
Section 7.02. Electronic Signatures. The Parties consent to the use of
electronic signatures. The Parties agree not to deny the legal effect or enforceability of the Agreement solely because it is in electronic form or because an electronic record was used in its formation. The Parties agree not to object to the admissibility of the Agreement in the form of an electronic record, or a paper
copy of an electronic document, or a paper copy of a document bearing an
electronic signature, on the ground that it is an electronic record or electronic signature or that it is not in its original form or is not an original.
Section 7.03. Enforcement and Termination.
A. The Parties’ sole and exclusive remedy for a violation of this Agreement is
to institute any action at law or in equity to cure, or remedy, any default. This
limitation does not limit, in any way, any Party’s rights under any other Agreement, specifically including the Subrecipient Agreement, the Termination Agreement, the PSA, and the terms and conditions of any City Loan or Other Loan.
B. Each Party will bear its own attorney fees and court costs in any action.
C. No Party shall be entitled to claim or receive as a remedy any form of damages including consequential, punitive or economic damages, including lost profits.
D. Force Majeure: Performance will not be deemed a default in the event of war, strikes, natural disasters, litigation, terrorism, reasonably unforeseen site conditions, and failure of governmental entities to act. The Party claiming a force majeure delay must provide notice within thirty (30) days of actual acknowledge of the event causing delay. The period of the force
majeure delay shall commence to run from the date of such notice and the time of such delay shall be the actual delay time incurred.
E. Termination. This Agreement may be terminated by either Party in the event any of the following occurs:
a. Foothills does not close on the purchase of the Property under the
PSA.
b. The PSA is terminated under its terms for any reason.
Section 7.04. Governing Law; Venue. This Agreement shall be construed and enforced in accordance with the laws of the United States, the State of Colorado, and the Charter, Code of Laws, ordinances and regulations of the City,
which are expressly incorporated into this Agreement. Unless otherwise specified, any reference to statutes, laws, regulations, charter or code provisions, ordinances, executive orders, or related memoranda, includes amendments or supplements to same. Venue for any legal action relating to this Agreement shall be proper and exclusive in the District Court in and for Jefferson County,
Colorado.
Section 7.05. No Third-Party Beneficiaries. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties; and nothing contained in this Agreement shall give or allow any such
claim or right of action by any other third person on such Agreement. It is the express intention of the Parties that any person or entity other than the Parties receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only.
Section 7.06. Claims. In the event of any claim, demand, suit, or action is
made or brought in writing by any third person or entity against one of the Parties related in any way to this Agreement, the Party in receipt of the same shall promptly notify and provide copy of said claim, demand, suit, or action to the other Parties.
Section 7.07. Notices. All notices, demands or consents required or permitted under this Agreement shall be in writing and delivered personally or by
appropriate electronic transmission (receipt verified) or by certified mail, return receipt requested, to the following:
City of Wheat Ridge: Patrick Goff, City Manager
City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80233 pgoff@ci.wheatridge.co.us
with a copy to: Gerald Dahl, City Attorney
Murray Dahl Beery Renaud LLP
710 Kipling Street, Suite 300 Lakewood, Colorado 80215 gdahl@mdbrlaw.com
WRHA: Lauren Mikulak, Executive Director
Wheat Ridge Housing Authority
7500 W. 29th Avenue Wheat Ridge, Colorado 80233 lmikulak@ci.wheatridge.co.us
Foothills: Lori Rosendahl, Executive Director
Foothills Regional Housing Authority
11941 W 48th Avenue Wheat Ridge, Colorado 80033 lrosendahl@jcha.org
with a copy to: Y. Melinda Pasquini, Esq.
Holland & Hart LLP
555 17th Street, Suite 300 Denver, Colorado 80202 ympasquini@hollandhart.com
The number of persons or addresses set forth above may be changed any time by
written notice in the manner provided herein.
Section 7.08. Entire Agreement; Recording. This Agreement, including the exhibits which are hereby incorporated by this reference, constitutes the entire agreement of the Parties on the subjects addressed. This Agreement does not amend any other Agreement, including the Foothills PSA, the Subrecipient
Agreement, the Development Agreement, or the Termination Agreement. The Parties agree there have been no representations, oral or written other than those contained herein and that the various promises and covenants contained herein are mutually agreed upon and under consideration for one another. This
Agreement may be amended only by written instrument, approved by all of the Parties in the same manner as this Agreement.
Section 7.09. No Joint Venture. This Agreement is not intended, nor shall
this Agreement be construed to establish or constitute a joint venture between the Parties.
Section 7.10. No Assignment. No Party shall assign its rights or delegate its duties hereunder without the prior written consent of the other Party in that Party’s sole discretion. Notwithstanding the foregoing, Foothills may assign its
rights and delegate its obligations under this Agreement to an affiliate entity wholly
controlled by Foothills without the prior written consent of any other Party. Once available, Foothills will provide documentation to the other Parties of such assignment.
Section 7.11. Severability. Should any one or more provisions of this
Agreement be determined to be illegal or unenforceable all other provisions nevertheless remain effective; provided however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft terms or conditions that will legally achieve the original intent and purposes of the Parties hereunder.
Section 7.12. Headings for Convenience. Headings and titles contained
herein are intended for the convenience and reference of the Parties only and are not intended to combine, limit, or describe the proper scope or intent of any provision of this Agreement.
Section 7.13. Authority. Each Party represents and warrants that it has
taken all actions that are necessary or that are required by its applicable law to legally authorize the undersigned signatories to execute this Agreement on behalf of the Party and to bind the Party to its terms. The persons executing this Agreement on behalf of each Party warrant they have full authorization to execute this Agreement.
Section 7.14. No Construction Against Drafting Party. The Parties acknowledge that each of them and their respective counsel have had the opportunity to review this Agreement and that this Agreement shall not be construed against any Party merely because this Agreement or any of its provisions, have been prepared by a particular Party.
Section 7.15. Execution of Agreement, Counterpart Signatures. This Agreement shall not be or become effective or binding until it has been fully executed by all signatories of City, WRHA and Foothills. The Mayor and City Clerk, and the Chair and Clerk to the WRHA are hereby authorized and directed to execute such instruments, in form approved by the City Attorney. This agreement
may be executed in counterparts.
Section 7.16. Recitals/Defined Terms. The foregoing recitals are hereby incorporated by reference and constitute a material part of this Agreement. Any
capitalized term used but not defined herein shall have the meaning ascribed to
such term in the Foothills PSA.
CITY OF WHEAT RIDGE, COLORADO
By: __________________________________
Bud Starker, Mayor
ATTEST:
_______________________________
Margy Greer, Sr. Deputy City Clerk
APPROVED AS TO FORM:
By: __________________________________
Gerald Dahl, City Attorney
WHEAT RIDGE HOUSING AUTHORITY
By: _______________________________
____________________, Chair
ATTEST:
__________________________
_________________, Clerk to the Authority
FOOTHILLS REGIONAL HOUSING AUTHORITY
By:
________________________________
Lori Rosendahl, Executive Director
STATE OF COLORADO ) ) ss.
COUNTY OF )
The foregoing Funding Agreement was acknowledged before me this __ day of __________, 2025, by Lori Rosendahl as the Executive Director of Foothills Regional Housing Authority.
seal
___
Notary Public
Exhibit A
Legal Description
Lot 2, Fruitdale School Subdivision, City of Wheat Ridge, County of Jefferson, State of
Colorado
EXHIBIT B
Subrecipient Agreement
[attached]
ITEM NUMBER: 7
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
MOTION
TITLE: MOTION TO ADOPT THE STORMWATER MASTER PLAN
☐PUBLIC HEARING ☒BIDS/MOTIONS ☐RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
In 2024, the city undertook completion of a Stormwater Master Plan. The Plan outlines
various capital projects that will prevent flooding of private property. The goals of the
Plan included establishing a baseline hydrologic study and providing solutions that
addressed existing stormwater issues. In addition, costs to maintain the existing system along with the cost of various operational needs results in a comprehensive Stormwater
Program for possible implementation over the next 10-year period.
. PRIOR ACTION:
On March 25, 2024, the city contracted with RESPEC Consulting Services for the delivery of a Stormwater Master Plan.
At a Study Session on November 18, 2024, the preliminary results of the Plan were presented to the City Council. FINANCIAL IMPACT:
The contract amount with RESPEC for this scope of work was $189,755 with a staff
managed contingency of $10,245. Costs to implement the recommended Stormwater Program can be divided into two broad categories: Capital Improvements and Operations. These costs are summarized in the table below:
Program Estimated 10-Year Cost
Capital Improvements $51,486,400
Operations $12,070,600
Total $63,557,000
Council Action Form – Stormwater Master Plan
May 12, 2025
Page 2
CIP & Program Funding
Historically, the city has funded stormwater maintenance and capital improvements through the annual operating budget (General Fund) and the capital budget (Capital
Fund). The Plan recommends creating a stormwater utility (SWU), which will
accomplish two things:
1) Create a dedicated funding source. A stormwater utility fee would provide a
dedicated funding source for both operations and maintenance of the existing
stormwater infrastructure and the enhancement projects (local and regional) needed to reduce the impacts of stormwater runoff. A dedicated funding source would also
allow the city to pursue dedicated revenue bonds or low-interest loans to access
funds to complete these necessary improvements more quickly. 2) Equitably allocate costs. A fee would more equitably distribute the cost of stormwater
service to all properties based on their stormwater runoff impact.
Most Colorado communities along the Front Range have implemented a SWU to fund
their stormwater program, including Arvada, Lakewood, Golden, Denver, rather than
using general fund revenues. Like utilities for water and sanitary sewer, a SWU is a fee-for-service approach to providing stormwater management services. Rate payers are
charged a fee based on the stormwater runoff impact their respective properties
generate, using impervious surface as the measurement of that impact. All residential
properties would be charged the same monthly fee, regardless of the size of their lot.
For commercial and industrial properties, the amount of each property’s impervious
(hard) surfaces would be the basis for the fee. That is because impervious surfaces
create the most stormwater runoff. Therefore, the more impervious surface a property
has, the greater the stormwater fee will be for that property. This would incentivize
properties to develop on-site stormwater detention facilities such as rain gardens which
would not be included as impervious area.
BACKGROUND:
It is essential to properly plan, design, and construct urban drainage systems that will
protect properties, structures, and built infrastructure from extensive damage and loss of life due to flooding. A plan for drainage is a primary part of planning and development of
a community.
The city commissioned a Stormwater Master Plan in 1979 that identified more than 50
projects for implementation to address flooding and sub-standard drainage throughout
the city. Since that time, limited analysis of the city’s stormwater drainage system has occurred. While approximately half of those identified projects have been completed, a
significant number have not. Due to on-going development, opportunities to provide
stormwater detention to capture concentrated flows has significantly diminished. Therefore, the primary means to address drainage issues is by installing larger pipes
with outlets to the city’s major drainageways. Similarly, limited maintenance of the
Council Action Form – Stormwater Master Plan
May 12, 2025
Page 3
existing stormwater system has been undertaken. This has resulted in the need for a significant investment in the system.
In March 2024, the city contracted with RESPEC, Inc. to provide a new Stormwater Master Plan. The Plan will provide an assessment of the current system, development
of immediate and future needs along with recommendations for improvements, cost
estimates, and an implementation schedule. The contract also includes review and recommendations for modifications to the city’s current development standards related to drainage and runoff.
The primary objectives of the Plan include:
• Documenting the existing stormwater system;
• Identifying missing links or areas where additional storm pipes and drain
systems are needed to improve the overall capability of the system;
• Identifying deficiencies and recommending improvements that correct deficiencies, optimize existing areas, and provide for future development growth;
• Evaluating existing flooding hazards; and
• Incorporating known areas of concern currently identified by the City of Wheat Ridge that will need additional focus and refinement.
Public Outreach
A What’s Up Wheat Ridge page was developed to inform citizens and solicit input on
drainage issues around the city. More than 330 “visits” to the page were recorded and
77 specific comments were provided. Staff and RESPEC evaluated each of these as a
part of the Plan development process. RESPEC and staff also participated in two city-
sponsored events to provide information on the proposed Plan and solicit input.
Stormwater System Analysis & Priority Enhancement Projects
The total drainage area studied contains approximately 6,700 acres or 10.5 square
miles. There are three major drainage basins within the city – Clear Creek, Lena Gulch,
and Sloan’s Lake. These major basins were then subdivided into more than 600 sub-
basins along with the city’s existing storm sewer network and annualized rainfall models
from the Mile High Flood District (MHFD) into stormwater modeling software. In
accordance with recommended MHFD practices, the Colorado Urban Hydrograph
Procedure (CUHP) was utilized and applied to the U.S. Environmental Protection
Agency’s Storm Water Management Model (SWMM) to simulate the hydrologic
response of the subbasins. Three storm events were modeled – a 5-year event, a 25-year event, and a 100-year event. A 100-year storm event has a likely frequency of one
in every 100 years or is a rainfall event that has a one percent (1%) probability of
occurrence in any given year.
This analysis resulted in various areas of flooding throughout the community, (see
attached maps). Proposed projects were identified which require upgrades/enlargement
Council Action Form – Stormwater Master Plan
May 12, 2025
Page 4
of the existing storm sewer system to provide a level of protection to adjacent properties for the 25-year storm event. The benefit of these individual projects is to alleviate
flooding in a specific geographical area by improving the drainage capacity. Cost
estimates were then prepared for each project. The Plan recommends implementing the various projects over a 10-year period, based on available funding. Due to the need for
significant investment in repair of the existing storm sewer system, adequate funding
may not be available for all these efforts in the 10-year Plan time frame.
The following projects have been identified for prioritized implementation:
Project Limits Total Project Cost
W 32nd Avenue From Wadsworth Blvd to Pierce St and Pierce St, 32nd Ave to 38th Ave $3,923,700
Pierce Street W 44th Ave to I-70 Connection
& W 38th Ave to W 44th Ave $3,761,900
Independence Street W 38th Ave t outfall in Hoyt Ct
and W 37th Ave to W 38th Ave $2,918,300
W 44th Avenue Wright St to outfall at Clear Creek $4,246,700
Holland Street W 32nd Ave to 37th Ave $1,175,800
Total, Proposed Projects $16,026,400
In addition, several significant projects were identified that will require further
coordination with CDOT as well as discussion of shared funding:
Project Limits Total Project Cost
Kipling Street 44th Ave south to Clear Creek $1,966,000
I-70 Frontage Rd Varies $4,853,000
A significant project was also identified within Creekside Park. This project would likely
be funded through other sources:
Project Limits Total Project Cost
Creekside Park n/a $194,000
Regional Stormwater Projects As mentioned previously, the land within the city has three primary watersheds:
Lena Gulch
Council Action Form – Stormwater Master Plan
May 12, 2025
Page 5
Clear Creek
Sloan’s Lake
MHFD has completed various studies for these water bodies and their tributary areas over the past 60 years. The latest Master Drainage Plan identifies various
recommended improvements. Typically, these are implemented by the sponsoring
agency with funding support, up to 50%, from MHFD.
The proposed Capital Improvement Plan (CIP) for the city’s stormwater system includes
funding to implement improvements within the Clearvale area (north of the 44th Ave
bridge) and in Lena Gulch, from approximately Union St to Parfet St, including water
detention and water quality improvements within Lewis Meadows Park, in the following
10-year period. The current estimated cost impact to the city is $16.0M. This assumes that MHFD would participate at 50% of the total cost. Projects within the Sloan’s Lake
watershed would not be implemented as further discussion and coordination with the
City of Edgewater would be required.
Existing System Repairs
The city experienced a series of storm sewer pipe failures in 2023. It is anticipated that the number of failures will increase as 1) minimal maintenance has occurred, and 2) the entire system was likely installed at approximately the same time. In 2024, the city expended more than $700,000 on emergency storm sewer repairs. The CIP includes
$1.2M per year, over the next 10 years, to attempt to address anticipated repairs.
The goal would be to identify failing segments (prior to failure) so that the pipes can be rehabilitated instead of removed and replaced which tends to be more costly. However, it is necessary to identify the segments as soon as possible through a systematic
cleaning and televising program. This will be discussed in more detail later in this
memo. Many of the problem areas noted by citizens result in “nuisance” flooding which affects
localized areas of poor drainage where inlets may not be present or under capacity, or
where a lack of curb and gutter and/or flat streets contribute to standing water. As the
city implements its targeted pavement management program, the goal would be to address many of these areas at the same time as the streets are re-paved, where
possible.
Collectively, the CIP, over the next 10 years, including a Project Manager to oversee project implementation, totals about $51M, as detailed below:
Category Estimated 10-Year Cost
Priority Enhancement Projects $16,026,400 Regional Stormwater Projects $16,000,000
Council Action Form – Stormwater Master Plan
May 12, 2025
Page 6
Existing System Repairs $16,600,000
Detailed drainage studies $1,100,000
Personnel $1,760,000
Total $51,486,400
Stormwater Operations Program
Establishing various annual programs is the best way forward for improving the city
system. The proposed programs have been established to guide the city from a reactive mode with a lot of unknowns to a proactive plan based on industry standard guidelines.
These include 3 programs - focused on maintenance and evaluation of the system
which is intended to lead to a better system of identifying immediate repairs and future investment needs.
Additional, dedicated personnel and equipment are required to carry out and oversee these programs. This assumes that some portions of existing staff positions would be
funded as well as utilizing existing Public Works staff to complete some of the existing
pipe repairs. These costs would be an offset to the General Fund potentially.
Program Estimated 10-Year Cost
Clean & televise existing pipes, by Zone $3,140,000
Clean/dredge existing detention
facilities
$1,350,000
Geographic Information System
mapping
$400,000
Equipment $1,380,600
Personnel $5,800,000
Total $12,070,600
Drainage Development Standards
The Stormwater Master Plan also reviewed the city’s drainage requirements when land
is developed. The current standards do not align with MHFD-recommended
requirements. Specifically,
This results in the city bearing the impact of increased flows from developed areas on
an already strained system. Staff hopes to implement these new standards by Spring 2026. Only newly submitted development projects would be subject to the more
rigorous standards.
Implementation Schedule & Next Steps The 2025 budget includes funds to conduct a comprehensive rate study. This study will
Council Action Form – Stormwater Master Plan
May 12, 2025
Page 7
determine a recommended rate to charge, by property type, to recoup the necessary operational and capital costs of the SWU as well as billing costs. The rate study will also
collect comparative data from other communities. It is assumed that the city would issue
revenue bonds or solicit a low-interest loan through the State Revolving Loan Fund, administered by the Colorado Department of Public Health and Environment, to
advance the various, proposed capital projects. Therefore, the rate study will also
analyze the needed funding to re-pay bonds or a loan.
The rate study will likely begin in June 2025 and be completed in Fall 2025.
Implementation of the fee, if approved, would begin in 2026.
RECOMMENDATIONS:
Staff recommends adopting the Stormwater Master Plan as presented.
RECOMMENDED MOTION:
“I move to adopt the Stormwater Master Plan.”
Or,
“I move to deny the adoption of the Stormwater Master Plan for the following reason(s): __________________.” REPORT PREPARED/REVIEWED BY:
Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
1. Stormwater Master Plan
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
April 2025
PROJECT SPONSOR:PREPARED BY:
RESPEC
720 South Colorado Blvd
Suite 410S
Denver, Colorado 80246
ATTACHMENT 1
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
0 EXECUTIVE SUMMARY
RESPEC Consulting Services was contracted by the City of Wheat Ridge (City) on March 25th, 2024, to deliver
engineering services for a Stormwater Master Plan. The goals of this master plan included establishing a baseline
hydrologic study and providing stormwater solutions that addressed water quantity solutions for existing stormwater
issues and to guide future development of the City. The data utilized in this study was obtained from the City of Wheat
Ridge, Mile High Flood District (MHFD), United States Department of Agriculture (USDA), and the United States
Geological Survey (USGS). The Colorado Urban Unit Hydrograph Procedure (CUHP), version 2.0.1, was used for the
hydrologic portion of this master plan and in conjunction with PCSWMM, version 7.5.3406, for the hydraulic modeling.
Hydraulic model simulations were conducted for the 5-year, 10-year, 25-year, and 100-year storm events. After
various analyses, it was determined that the GIS data provided by the City was not sufficiently complete for direct
use in the hydraulic models. RESPEC was able to obtain additional funding to further analyze, amend, and alter the
GIS data manually in order to represent reasonably assumed system parameters where actual data was unavailable.
RESPEC analyzed the City of Wheat Ridge's stormwater infrastructure in the constructed hydraulic models to identify
deficiencies as well as the most problematic areas needing improvements. There was a total of 235,369 ft (45 mi) of
pipes that were modeled for this study. Results produced from the hydraulic modeling found that of the total pipe
length modeled, the 5-yr storm event experienced 17% of the total pipe length modeled to be deficient, 19% to be for
the 25-year, and 23% to be for the 100-year. RESPEC also analyzed the 5-year, 25-year, and 100-year storm events to
identify areas having local urbanized flooding as well as potential areas that could experience catastrophic flooding in
a 100-year storm event. Based on the analysis, 5 projects were identified for future capital improvements to alleviate
the flooding in the area:
W 32nd Ave - 5 Year Improvements
Holland St - 25 Year Improvements
Independence St - 25 Year Improvements
Pierce St - 25 Year Improvements
W 44th Ave - 25 Year Improvements
Prioritizations of these projects were made on an area-by-area basis, not on a pipe-by-pipe basis. This was chosen so
that the projects could be enacted in conjunction with other projects constructed within City limits. Prioritization
included analyzing City identified issues and concerns, resident input via community surveys, interaction with future
projects, and cost. Higher prioritization was assigned by interactions with future projects and immediate concerns to
residential property.
This master plan outlines comprehensive strategies for the drainage and conveyance within the City of Wheat Ridge
in order to reduce the impacts of flooding. The recommendations of this study address general drainage issues as
identified from hydrologic and hydraulic modeling of the City, address known drainage problems, and address
locations that are without sufficient drainage. The master plan provides conceptual level cost estimates for
implementing the improvements suggested in this report as well as methods to prioritize the improvements. This
master plan report serves as a tool for efficient and proactive stormwater planning for the use of City funds
and resources into the future. RESPEC advises that this master plan be used as a tool for implementing future
projects identified in problematic locations of flooding. Detailed survey and additional analysis will be needed to
develop conceptual and final design documents in identified problem areas and the hydrologic models will need
to be refined with survey.
i
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
TABLE OF CONTENTS
0 EXECUTIVE SUMMARY ............................................................................................................................................... i
1 INTRODUCTION ..................................................................................................................................................... 1-1
1.1 PURPOSE AND GOALS ................................................................................................................................... 1-1
1.2 PLANNING PROCESS ...................................................................................................................................... 1-1
1.3 ACKNOWLEDGEMENTS ................................................................................................................................. 1-1
2 DATA ACQUISITION ............................................................................................................................................... 2-1
2.1 GIS DATA ACQUISITION ................................................................................................................................. 2-1
2.1.1 City of Wheat Ridge .............................................................................................................................. 2-1
2.1.2 MHFD .................................................................................................................................................... 2-1
2.1.3 USDA ..................................................................................................................................................... 2-1
2.1.4 USGS ...................................................................................................................................................... 2-1
2.2 CATCHMENTS ................................................................................................................................................ 2-2
2.2.1 Delineation Methods ............................................................................................................................ 2-2
2.2.2 Project Watersheds ............................................................................................................................... 2-2
2.2.3 Catchments ........................................................................................................................................... 2-2
2.2.4 Subcatchments ...................................................................................................................................... 2-2
2.3 RAINFALL DEPTHS ......................................................................................................................................... 2-2
3 HYDROLOGIC ANALYSIS ......................................................................................................................................... 3-1
3.1 OVERVIEW ..................................................................................................................................................... 3-1
3.2 CUHP ............................................................................................................................................................. 3-1
3.2.1 Settings .................................................................................................................................................. 3-1
3.2.2 Raingages .............................................................................................................................................. 3-1
3.2.3 Longest Flow Paths & Centroidal Flow Paths ........................................................................................ 3-1
3.2.4 Slope ...................................................................................................................................................... 3-1
3.2.5 Soils ....................................................................................................................................................... 3-1
3.2.6 Imperviousness ..................................................................................................................................... 3-2
3.2.7 Depression Storage ............................................................................................................................... 3-2
3.2.8 Subcatchment Statistics ........................................................................................................................ 3-2
3.3 CUHP RESULTS .............................................................................................................................................. 3-3
4 HYDRAULIC ANALYSIS ........................................................................................................................................... 4-1
4.1 OVERVIEW..................................................................................................................................................... 4-1
4.2 GIS DATA PREPARATION FOR SWMM .......................................................................................................... 4-1
4.2.1 Subcatchment Nodes ............................................................................................................................ 4-1
4.2.2 Storage Ponds ....................................................................................................................................... 4-1
4.2.3 SWMM Naming Convention ................................................................................................................. 4-1
4.2.4 Incomplete GIS Data ............................................................................................................................. 4-1
4.2.5 Nodes and Pipes with Adverse Elevations ............................................................................................ 4-2
4.2.6 Missing Nodes and Pipes ...................................................................................................................... 4-2
4.2.7 Pipe Geometry ...................................................................................................................................... 4-3
4.2.8 Pipe Material and Manning’s n ............................................................................................................. 4-3
4.2.9 Maximum Depths.................................................................................................................................. 4-4
4.3 COUPLING CUHP AND SWMM ...................................................................................................................... 4-4
4.4 DEFICIENCIES & OVERFLOWS ....................................................................................................................... 4-4
4.4.1 5-Year Deficiencies ................................................................................................................................ 4-4
4.4.2 25-Year and 100-Year Deficiencies ....................................................................................................... 4-4
4.4.3 Overflows .............................................................................................................................................. 4-5
4.5 RESULTS FROM THE DEFICIENCY ANALYSIS .................................................................................................. 4-7
4.5.1 5-Year Problem Areas ........................................................................................................................... 4-7
4.5.2 25-Year Problem Areas ......................................................................................................................... 4-8
4.5.3 100-Year Problem Areas ....................................................................................................................... 4-8
ii
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
4.6 2026-2035 CIP REVIEW ................................................................................................................................. 4-9
4.6.1 W 32nd Ave – 5 Year Improvements ...................................................................................................... 4-9
4.6.2 Holland St – 25 Year Improvements ..................................................................................................... 4-9
4.6.3 Independence St – 25 Year Improvements ........................................................................................... 4-9
4.6.4 Pierce St – 25 Year Improvements ........................................................................................................ 4-9
4.6.5 W 44th Ave – 25 Year Improvements .................................................................................................... 4-9
4.6.6 Additional Areas of Concern ................................................................................................................. 4-9
4.7 2026-2035 CIP COSTS .................................................................................................................................. 4-10
5 PRIORITIZATION ANALYSIS .................................................................................................................................. 5-10
5.1 OVERVIEW ................................................................................................................................................... 5-10
5.2 PARAMETERS .............................................................................................................................................. 5-10
5.3 PROBLEM AREAS ......................................................................................................................................... 5-10
5.3.1 5-Year (Highest Risk Areas) ................................................................................................................. 5-10
5.3.2 25-Year (Highest Damage Areas) ........................................................................................................ 5-12
5.4 PRIORITIZATION OF CIP PROJECTS .............................................................................................................. 5-15
6 STORM DRAINAGE CRITERIA EVALUATION ........................................................................................................... 6-1
7 CONCEPTUAL STORMWATER UTILITY FEE ANALYSIS ............................................................................................ 7-1
8 COMMUNITY OUTREACH ...................................................................................................................................... 8-2
9 MASTER PLAN CONCLUSION ................................................................................................................................. 9-2
ii
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
REPORT APPENDICES
Report Appendix A Project Meeting Minutes
Report Appendix B CUHP Hyetographs
Report Appendix C CUHP Input Parameters
Report Appendix D 5-Year CUHP Storm Hydrograph Parameters
Report Appendix E 10-Year CUHP Storm Hydrograph Parameters
Report Appendix F 25-Year CUHP Storm Hydrograph Parameters
Report Appendix G 100-Year CUHP Storm Hydrograph Parameters
Report Appendix H SWMM Junction Results
Report Appendix I SWMM Conduit Results
Report Appendix J Detailed CIP Cost Estimates
Report Appendix K Storm Drainage Criteria Evaluation and Recommendations Report
Report Appendix L Conceptual Stormwater Utility Fee Analysis
Report Appendix M Community Engagement Detailed Survey Reports and Responses
DIGITAL APPENDICES
Digital Appendix A CUHP .xlsm File
Digital Appendix B CUHP Output Files
Digital Appendix C 5-Year SWMM Model .inp File
Digital Appendix D 10-Year SWMM Model .inp File
Digital Appendix E 25-Year SWMM Model .inp File
Digital Appendix F 100-Year SWMM Model .inp File
Digital Appendix G RESPEC-Edited Stormwater Shapefiles
ii
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
LIST OF TABLES
Table 3-1 Horton’s infiltration parameters …………………………………………………………………………………….……………… p. 3-1
Table 3-2 Sub-catchment statistics ……..………………………………………………………………………………………………………… p. 3-3
Table 3-3 5-year CUHP result statistics .…………………………….…………………………………………………………………………… p. 3-3
Table 3-4 10-year CUHP result statistics .…………………………….………………………………………………………………………… p. 3-3
Table 3-5 25-year CUHP result statistics .…………………………….………………………………………………………………………… p. 3-3
Table 3-6 100-year CUHP result statistics .…………………………….……………………………………………………………………….. p. 3-3
Table 4-1 Manning’s n values used for different pipe materials …………………………………………………………………….. p. 4-4
Table 4-2 Summary of deficient pipes for the 5-year, 25-year, and 100-year storm event .……………………………. p. 4-7
Table 5-1 5-Year Problem Areas Phase I ……………………………………………………………………………………..…………….… p. 5-11
Table 5-2 5-Year Problem Areas Phase II …………………..………………………………………………………….………………….…. p. 5-11
Table 5-3 Pierce St Phase I 25-Year Problem Areas…….………………………………………………………….……………………. p. 5-12
Table 5-4 Pierce St Phase II 25-Year Problem Areas …..………………………………………………………….……………………. p. 5-12
Table 5-5 Independence St Phase I 25-Year Problem Areas ………………………………………………………….………….…. p. 5-13
Table 5-6 Independence St Phase II 25-Year Problem Areas ……………………………………………….…………………….… p. 5-13
Table 5-7 W 44th Ave & Holland St 25-Year Problem Areas ………………………………………………….……………………… p. 5-14
Table 5-8 W 44th Ave & Holland St 25-Year Problem Areas ………………………………………………….……………………… p. 5-14
LIST OF FIGURES
Figure 2-1 City of Wheat Ridge Corporate and Major Watersheds ...………….……………………………………………….… p. 2-3
Figure 2-2 The location used to determine the NOAA-14 1-hour rainfall depths ..…………..……………….…………… p. 2-2
Figure 2-3 Subcatchments ………………………………………..………………………………………………………………….….…………… p. 2-4
Figure 3-1 Hydrologic soil types ………………….……..…………………………………………………………………………….…………… p. 3-2
Figure 3-2 Percent impervious map in Wheat Ridge ………………………………………………………………………..…………… p. 3-2
Figure 4-1 A disconnected pipe in the GIS data before and after it was edited .………………………………………….… p. 4-2
Figure 4-2 Missing nodes and a pipe that required splitting in the original GIS data .………………………………….... p. 4-3
Figure 4-3 An example of closed, rectangular concrete pipe ..…………………………………………………………..………….. p. 4-5
Figure 4-4 Standard construction detail for local resident streets with parking from City..………………..………….. p. 4-5
Figure 4-5 An example of the typical street cross section ……..…………………………………………………………………..…. p. 4-6
Figure 4-6 An example of the street cross section with flows above 1 ft of flow depth ………………………………... p. 4-6
Figure 4-7 An example of diversion nodes and overflow links designed to convey flooding …….....…….…………. p. 4-7
Figure 4-8 Deficient pipes in Wheat Ridge for the 5-year storm event ..…………….………………………..…….…………. p. 4-7
Figure 4-9 Deficient pipes in Wheat Ridge for the 25-year storm event ……………….…….….………………….…………. p. 4-8
Figure 4-10 Deficient overflows in Wheat Ridge for the 100-year storm event ….…….………………………….…………. p. 4-8
Figure 5-1 Project W 32nd Ave 5-Year Improvements location …..………………….……………….………….……………….. p. 5-11
Figure 5-2 Project Pierce St 25-Year Improvements location …..………………….…………..………….……….…………….. p. 5-12
Figure 5-3 Project Independence St 25-Year Improvements location …………………………………….……………….….. p. 5-13
Figure 5-4 Project W 44th Ave 25-Year Improvements location ….…………………….……………………………….………... p. 5-14
Figure 5-5 Project Holland St 25-Year Improvements location …………………….………………………………………….….. p. 5-14
Figure 5-6 An overview of the City of Wheat Ridge identified issues ….…………….…………………….…………………… p. 5-15
Figure 8-1 Community Concerns online, interactive map for the stormwater master plan ……………………………. p. 9-2
LIST OF ACRONYMS
CIP ……………………………………………………………………………………………………………………………………… Capital Improvement Plan
CUHP ……………………………………………………………………………………………………………… Colorado Urban Hydrograph Procedure
DEM ……………………………………………………………………………………………………………………………………….. Digital Elevation Model
DRCOG ………………………………………………………………………………………………………… Denver Regional Council of Governments
EPA …………………………………………………………………………………………………… United States Environmental Protection Agency
GIS …………………………………………………………………………………………………………………………… Geographic Information Systems
MHFD …………………………………………………………………………………………………………………………………….. Mile High Flood District
NAIP ……………………………………………………………………………………………………………….. National Agricultural Imagery Program
NLCD ……………………………………………………………………………………………………………………………. National Land Cover Database
NOAA …………………………………………………………………………………………………. National Oceanic and Atmospheric Association
SSURGO …………………………………………………………………………………………………………………………… Soil Survey Geographic Data
SUE ……………………………………………………………………………………………………………………………… Subsurface Utility Engineering
SWMM ……………………………………………………………………………………………………………………. Stormwater Management Model
USDA ……………………………………………………………………………………………………………. United States Department of Agriculture
USDCM …………………………………………………………………………………………………….………Urban Storm Drainage Criteria Manual
USGS …………………………………………………………………………………………………………………………. United States Geological Survey
INTRODUCTION
1-1
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
1 INTRODUCTION
1.1 PURPOSE AND GOALS
On March 25th, 2024, the City of Wheat Ridge (City) contracted with RESPEC Consulting Services for the delivery of
engineering services for a Stormwater Master Plan. The City required information to determine and plan long-term
stormwater infrastructure improvements. The goals of the master plan included establishing a baseline hydrologic
study and providing stormwater solutions that addressed water quantity solutions for existing stormwater issues and
to guide future development. The primary objectives of the stormwater master plan include:
Documenting the existing stormwater system;
Identifying missing links or areas where additional storm pipes and drain systems are needed to improve the
overall capability of the system;
Identifying deficiencies and recommending improvements that correct deficiencies, optimize existing areas,
and provide for future development growth;
Evaluating existing flooding hazards;
Estimating future potential development areas consistent with related City planning efforts;
Develop long-term conceptual stormwater utility fee; and
Incorporating known areas of concern currently identified by the City of Wheat Ridge that will need additional
focus and refinement in the City’s overall Master Plan, which includes the follow:
o Sloan’s Lake Watershed;
o Clear Creek Outfall System;
o Edgewater and Wheat Ridge shared city limits; and
o Lena Gulch and Rocky Mountain Ditch Watersheds.
1.2 PLANNING PROCESS
During the preparation of this master plan, RESPEC met with the City on a consistent basis to discuss project goals and
outcomes. Eight project meetings (see Report Appendix A for the Meeting Minutes) were held on the following dates:
May 6, 2024;
July 1, 2024;
July 18, 2024;
August 5, 2024;
September 9, 2024;
October 7, 2024;
January 6, 2025; and
February 3, 2025.
1.3 ACKNOWLEDGEMENTS
The following individuals contributed to this study:
Maria D’Andrea (City of Wheat Ridge)
Rocky Macsalka (City of Wheat Ridge)
Bill LaRow (City of Wheat Ridge)
Mark Westberg (City of Wheat Ridge)
Kent Kisselman (City of Wheat Ridge)
Alan Leak, PE (RESPEC)
Melissa Bryant, PE, CFM, PMP (RESPEC)
Jessie Nolle, PE, CFM (RESPEC)
John Costello, PE (RESPEC)
Justin Keller, PE (RESPEC)
Luna Salazar (RESPEC)
CJ Lehto (RESPEC)
DATA ACQUISITION, ANALYSIS, AND MANIPULATION
2-1
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
2 DATA ACQUISITION
Geographic information system (GIS) data comprised the bulk of the data used in this master plan. GIS data came from
the following sources:
The City of Wheat Ridge;
The Mile High Flood District (MHFD);
The United States Department of Agriculture (USDA); and
The United States Geological Survey (USGS).
Hydrologic data came from the National Oceanic and Atmospheric Administration (NOAA) Atlas 14.
2.1 GIS DATA ACQUISITION
2.1.1 City of Wheat Ridge
The City of Wheat Ridge provided RESPEC with point and line GIS data. The point data included:
Stormwater inlets;
Stormwater manholes;
Stormwater network structures; and
Stormwater outfalls.
The line data included:
Stormwater culverts;
Stormwater network lines;
Stormwater open channels; and
Stormwater mains.
The primary field for identifying the different stormwater system dimensions was Pipe_Diame. There were instances
of missing stormwater system information within the GIS data provided by the City. See Section 4.2.6 for more
information about the instances of missing data.
The City provided RESPEC with six iterations of the GIS data, each subsequent delivery being more up-to-date and
accurate. Throughout the process RESPEC communicated with the City about GIS oddities, anomalies, and questions.
These questions were communicated through the project SharePoint and via email. The City would respond and either
send new data, or the data was updated by RESPEC.
2.1.2 MHFD
Stream naming information taken from MHFD Confluence. Impervious values were assigned using those from MHFD
as recommended by the City of Wheat Ridge.
2.1.3 USDA
Soil data from the USDA’s Soil Survey Geographic Data (SSURGO) was used for this stormwater master plan.
2.1.4 USGS
LiDAR Point Cloud (LPC) data made available by the USGS via the National Map was used to create a digital elevation
model (DEM) for analysis in this stormwater master plan. The DEMs, converted from meters to feet, used a 2-ft2 cell
size to give the appropriate level of detail for surface flow analysis. Zoning data for the City of Wheat Ridge obtained
from ArcGIS Online was used in this master plan.
DATA ACQUISITION, ANALYSIS, AND MANIPULATION
2-2
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
2.2 CATCHMENTS
2.2.1 Delineation Methods
Project watersheds, catchments, and sub-catchments were delineated using 1-foot contours created from LiDAR Point
Cloud (LPC) and stormwater infrastructure data.
Roadways were used as typical subcatchment boundaries and pans at intersections were able to convey water in their
intended directions for the 100-year storm.
2.2.2 Project Watersheds
The project watersheds for this stormwater master plan were Clear Creek, Lena Gulch, Rocky Mountain Ditch, and
Sloan’s Lake. Some sub-catchments included adjacent municipalities and major adjacent basins coming onto Wheat
Ridge. See Figure 2-1 for a map of the City’s boundaries with major watersheds.
2.2.3 Catchments
Catchments within each project watershed were delineated to outfalls to the primary water body in the watershed.
Canals and irrigation systems were assumed to be full and were not used in this delineation process; there were a few
exceptions for systems that discharged directly to canals. Thus, water was assumed to flow over canals and not enter
any irrigation ditches or pipes and were considered as outfalls in the analysis to help quantify local contribution to
irrigation systems. A total of 107 catchments were delineated in this fashion.
2.2.4 Subcatchments
The catchments provided insight into the stormwater conveyance networks, but the delineation was not sufficiently
fine for determining local stormwater problems and undersized infrastructure. Therefore, the catchments were
further discretized into subcatchments if they were geographically distinct or if they flowed to inlets that fed pipes
that were 12 inches or greater. 651 subcatchments were delineated for this master plan and were used in SWMM.
Clear Creek and Lena Gulch were not delineated into subcatchments to be used in SWMM as the study of Clear Creek
is not within scope of this project. Additionally, subcatchments draining directly into irrigation ditches such as the Lena
Gulch and Rocky Mountain Ditch were analyzed but not routed as the flows moved downstream. See Figure 2-3 for a
map of the subcatchments delineated for this project.
2.3 RAINFALL DEPTHS
Rainfall depth data came from NOAA Atlas 14. The latitude/longitude for the 1-hour rainfall depths used to create the
hyetographs was 39.7693o/-105.1097o. The 2-year, 5-year, 10-year, 25-year, and 100-year depths used were 0.77 feet,
1.04 feet, 1.28 feet, 1.64 feet, and 2.22 feet respectively. See Figure 2-2 for the location used to determine the 1-hour
rainfall depths.
Figure 2-2. The location used to determine the NOAA-14 1-hour rainfall depths
DATA ACQUISITION, ANALYSIS, AND MANIPULATION
2-3
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
DATA ACQUISITION, ANALYSIS, AND MANIPULATION
2-4
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
HYDROLOGIC ANALYSIS
3-1
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
3 HYDROLOGIC ANALYSIS
3.1 OVERVIEW
The Colorado Urban Unit Hydrograph Procedure (CUHP), version 2.0.1, was used for the rainfall-runoff, or the
hydrologic portion of this stormwater master plan. CUHP is applicable for use Wheat Ridge based on the analysis and
local calibration work for the model performed by the MHFD for the Denver metropolitan area.
3.2 CUHP
For each sub-catchment, CUHP requires the area, the length of the longest flow path, the length along the longest
flow path from the outfall to the point on the path closest to the centroid (centroidal flow path), the slope of the
longest flow path, the percent impervious of the subcatchment, the depression storage for pervious and impervious
areas, and Horton’s infiltration parameters based off of the soils in the sub-catchment. The CUHP input parameters
for the different subcatchments are found in Report Appendix C. The CUHP model (.xlsm file) used for this project can
be found in Digital Appendix A.
3.2.1 Settings
The default time step of 5 minutes between computations was used for this analysis.
3.2.2 Raingages
The rain depth and location described in Section 2.3 was used in CUHP. The option “Raingage is a design storm by
temporal distribution of one-hour rain depth” was used to create the hyetographs for the City. The same rain gage
and hyetograph were used for each sub-catchment for the 5-year, 10-year, 25-year, and 100-year storm events. It was
therefore assumed that the same storm rained in each sub-catchment without any lag. See Report Appendix B for the
5-year, 10-year, 25-year, and 100-year hyetographs used in CUHP.
3.2.3 Longest Flow Paths & Centroidal Flow Paths
The longest flow paths and centroidal flow paths were determined using a combination of ArcGIS and Python. A script
was written in Python to determine the longest flow path. The subcatchment’s centroid and centroidal flow path was
determined using tools within ArcGIS.
3.2.4 Slope
Per MHFD’s Urban Storm Drainage Criteria Manual: Volume 1, the length-weighted slope for each sub-catchment’s
longest flowpath was calculated as:
𝑆=ቈ𝐿ଵ𝑆ଵ.ଶସ +𝐿ଶ𝑆ଶ.ଶସ + ⋯+𝐿𝑆.ଶସ
𝐿ଵ +𝐿ଶ + ⋯+𝐿
ସ.ଵ
Where Si is the slope of an individual segment and Li is the length of that segment. Each segment of the longest flow
path is supposed to represent a unique longitudinal slope. This slope equation was applied in ArcGIS to calculate the
longest flowpath using tools within the software.
See Table 3-2 for statistics on the slopes of the subcatchments modeled in this master plan.
3.2.5 Soils
Soil data from the SSURGO was clipped to each subcatchment to determine the amount of each soil type in each sub-
catchment. Area-weighted parameters were calculated based off the relative area of each soil type in each sub-
catchment. The parameters were used in Horton’s equation, which models the rate of infiltration as an exponential
decay from an initial rate to a final rate. The equation is as follows:
𝑓௧ =𝑓 + (𝑓 −𝑓)𝑒ି௧
where ft is the infiltration rate at time t, fc is the final infiltration rate, f0 is the initial infiltration rate, and k is the decay
coefficient. See Table 3-1 for the parameter values for each hydrologic soil group. The parameters came from MHFD’s
Urban Storm Drainage Criteria Manual: Volume 1.
Table 3-1. Horton’s infiltration parameters
NRCS Hydrologic
Soil Group
Decay Coefficient
[1/sec]
Initial Infiltration
[in/hr]
Final Infiltration
[inc/hr]
A 0.0007 5.0 1.0
B 0.0018 4.5 0.6
C 0.0018 3.0 0.5
D 0.0018 3.0 0.5
HYDROLOGIC ANALYSIS
3-2
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
As seen in Figure 3-1, Wheat Ridge is comprised mainly of hydrologic soil group type C, with some B, and less of A and
D. The other groups comprise water and areas where there is no data. See Table 3-2 for statistics of infiltration
parameters for the subcatchment modeled in this master plan.
Figure 3-1. Hydrologic soil types in the City
3.2.6 Imperviousness
The average imperviousness was calculated for each subcatchment for use in CUHP. Zoning data was obtained from
ArcGIS Online and was used to assign land use types. Impervious values were then assigned by utilizing the August
2018 MHFD Criteria Manual, Urban Storm Drainage Criteria Manual (USDCM) Volume 1, Table 6-3. The existing and
future zoning of Wheat Ridge allowed RESPEC to tie percent imperviousness, and thus runoff generation, to potential
stormwater fee allocation more accurately. See Section 7 for more information on the development of the conceptual
stormwater utility fee. The City’s impervious data was overlain with the impervious raster and any intersecting cells
in the impervious raster had their values set to 100. Water was modeled as being 100% impervious.
As seen in Figure 3-2, areas around I-70 and along portions of Kipling and Wadsworth tend to be more impervious
than other areas in the City. See Table 3-2 for statistics on the impervious cover of the sub-catchments modeled in
this master plan.
Figure 3-2. Percent impervious map in Wheat Ridge
3.2.7 Depression Storage
Depression storage for impervious areas was set to 0.05’’ or 0.1” based on aerial imagery, which is the average of the
values recommended by MHFD. Depression storage for pervious areas was set to 0.4” or 0.35” dependent on the land
cover type.
3.2.8 Subcatchment Statistics
Table 3-2 contains statistics for the different subcatchment parameters used in CUHP. The values reported in Table 3-
2 are based off the subcatchments, and not the City of Wheat Ridge as a whole. This statistical data provides a
HYDROLOGIC ANALYSIS
3-3
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
comprehensive understanding of the characteristics of the subcatchments and support the analysis done in this study
by ensuring that it is based on accurate representations of the hydrologic conditions.
Table 3-2. Subcatchment CUHP parameter statistics
Statistic Mean Median Standard Deviation Minimum Maximum
Area [ac] 11.8 6.70 17.2 0.19 168.1
Longest Flowpath [mi] 0.31 0.25 0.22 0.03 1.79
Centroidal Flowpath [mi] 0.17 0.13 0.13 0.013 1.09
Slope [ft/ft] 0.0093 0.0084 0.004 0.001 0.03
Percent Impervious [%] 59.1 52.9 12.3 45 95
Initial Infiltration Rate [in/hr] 3.36 3 0.63 3 5.31
Final Infiltration Rate[in/hr] 0.54 0.5 0.085 0.5 1
Decay Coefficient [1/sec] 0.0017 0.0018 0.0002 0.0007 0.018
3.3 CUHP RESULTS
The CUHP output files can be found in Digital Appendix B. Storm hydrograph parameters – time to peak flow [min],
peak flow [cfs], total volume [ft3], runoff/acre [cfs/acre] – from CUHP for each subcatchment are found in Report
Appendix D for the 5-year event, Report Appendix E for the 10-year event, Report Appendix F for the 25-year event,
and Report Appendix G for the 100-year event. See Table 3-3 – Table 3-6 for CUHP result statistics for the 5-year, 10-
year, 25-year, and 100-year storms.
Table 3-3. 5-year CUHP result statistics
Statistic Mean Median Standard Deviation Minimum Maximum
Runoff per Unit Area [cfs/acre] 0.5 0.46 0.2 0.06 1.5
Peak Flow [cfs] 5.7 3.3 9.6 0.09 139
Time to Peak Flow [min] 36 35 7 25 120
Table 3-4. 10-year CUHP result statistics
Statistic Mean Median Standard Deviation Minimum Maximum
Runoff per Unit Area [cfs/acre] 0.67 0.62 0.24 0.13 1.9
Peak Flow [cfs] 7.6 4.5 12.3 0.14 175
Time to Peak Flow [min] 36 35 6.5 25 90
Table 3-5. 25-year CUHP result statistics
Statistic Mean Median Standard Deviation Minimum Maximum
Runoff per Unit Area [cfs/acre] 1.1 1 0.31 0.26 2.6
Peak Flow [cfs] 12 7.3 18.9 0.23 246
Time to Peak Flow [min] 42.4 40 5.6 30 85
Table 3-6. 100-year CUHP result statistics
Statistic Mean Median Standard Deviation Minimum Maximum
Runoff per Unit Area [cfs/acre] 1.6 1.6 0.44 0.44 3.7
Peak Flow [cfs] 19 11 28.8 0.36 363
Time to Peak Flow [min] 43.2 40 6.1 30 80
As seen in Table 3-3 – Table 3-6, for the 5 and 10-year event, the depression storage and infiltration combined remove
enough water from the surface that some subcatchments exhibit almost no flow. In comparison, the 25-year event
takes an average of 42.4 minutes for the subcatchments to reach their peak flow and had an average of 1.1 cfs per
acre. As is expected, the 100-year storm event produces larger volumes per acre, peak flow, and later times to peak
flow. The rainfall-runoff regime statistics are similarly related, albeit larger in magnitude.
HYDRAULIC ANALYSIS
4-1
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
4 HYDRAULIC ANALYSIS
4.1 OVERVIEW
SWMM, version 5.1.015, was used for hydraulic modeling in this project. While the SWMM computational engine was
used for this master plan, PCSWMM version 7.5.3406 was used to construct the model. PCSWMM is a proprietary
software made by Computational Hydraulics Inc. PCSWMM runs EPA SWMM for its computations. It enables the user
to interact with and build SWMM models in novel ways. It also allows the user to upload GIS data to construct a model,
which was the primary role PCSWMM played in this master plan.
SWMM was run using the kinematic wave routing method. Inadvertent ponding and detention at undersized segments
was not allowed. The model was run for the 5-year, 10-year, 25-year, and 100-year storm events. The storms were
not modeled as moving through the City; they were assumed to rain uniformly in time and space throughout the City.
The model was run for 216 hours of simulation time to allow water enough time to route through the entire system.
The model used a 5-second routing time step. Temperature, evaporation, wind speed, snow melt, and areal depletion
were not considered in this master plan. The SWMM .inp files and shapefiles made by PCSWMM can be found in
Digital Appendices C, D, E, and F for the 5-year, 10-year, 25-year, and 100-year events respectively.
4.2 GIS DATA PREPARATION FOR SWMM
After various analyses, it was determined that the GIS data provided by the City was not sufficiently complete for
direct use in the SWMM model. The data was analyzed, amended, and altered manually to represent reasonably
assumed system parameters where actual data was unavailable. RESPEC-edited stormwater shapefiles can be found
in Digital Appendix G.
4.2.1 Subcatchment Nodes
Representative nodes were made in each subcatchment for the CUHP hydrologic model. Every subcatchment node
was connected to the appropriate node in the GIS stormwater data via a dummy link. The naming convention for the
connecting dummy links were D_<subcatchment name>_IN where <subcatchment name> is equal to the name of the
subcatchment node.
4.2.2 Storage Ponds
No storage pond polygons were provided to RESPEC. However, actual ponds were identified and included in the
SWMM model and put in as junctions.
4.2.3 SWMM Naming Convention
In the provided GIS dataset, there were several issues identified with the naming of manholes, inlets, and outfalls.
There were instances of duplicate names, incomplete naming, or no name being provided. For manholes, inlets, and
outfalls that were missing a name or had duplicate naming, RESPEC assigned a name in GIS starting from 10000 and
incremented by 1 for each subsequent unnamed or conflicting manhole, inlet, or outfall. Manholes were named in
SWMM following the field “Name” from GIS. The naming convention for the manholes were MH_<manhole name>.
Inlets were named in SWMM following the field “RESPEC_NAME” from GIS. The naming convention for the inlets were
INL_<inlet name>. Outfalls were named in SWMM following the RESPEC_NAME column from GIS. The naming
convention for the outfalls was OF_<outfall name>.
Pipes were named in SWMM depending on the street they ran parallel to, the type of the street (e.g. avenue, road,
boulevard), and increasing sequentially from upstream to downstream, such as P_ST_<street name>_<street
type>_<increase sequentially from upstream to downstream>. If pipes did not run along a street, the upstream
manhole or inlet was used for the naming convention, such as P_<MH or INL>_< increase sequentially from upstream
to downstream >.
Channelized flow was named in SWMM using the upstream manhole, inlet, or outfall, such as CH_<upstream manhole,
inlet, or outfall name>.
4.2.4 Incomplete GIS Data
There were instances of missing connections and pipes in the data provided by the City. The pipes were appropriately
edited for complete connectivity and routing. Where possible, available CAD data, as-builts, and CD plans were used
to add nodes and pipes to complete routing. If additional information was not available, interpolation was used to
determine elevations for inlets, manholes, and pipes. See Figure 4-1 for an example of missing connections and how
it was fixed.
HYDRAULIC ANALYSIS
4-2
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
Figure 4-1. A disconnected pipe system in the GIS data before and after it was edited to be ready for use in SWMM
4.2.5 Nodes and Pipes with Adverse Elevations
Pipe direction matters when using the kinematic wave routing method. For water to flow in the appropriate direction
in a pipe, it must be rendered in the correct direction. If this does not occur, water will be unable to flow downstream
to the terminal node in a system. To rectify this, pipes with adverse invert elevations were corrected. For pipes, inlets,
and manholes with adverse invert elevations, adjustment calculations were done using 0.5% for pipe slopes to alter
invert elevations and allow proper stormwater conveyance within the storm drain system. 0.5% was chosen to remain
conservative in the analysis. If an elevation was adjusted, the field RESPEC_ADJUSTED_INV would be set to the
adjusted elevation to distinguish it from nodes sent to RESPEC by the City.
4.2.6 Missing Nodes and Pipes
SWMM requires inlet and outlet nodes for each pipe to calculate its slope and to convey water from one pipe to
another. Each pipe must be connected to its upstream and downstream pipes via nodes. There were instances in the
original GIS data where nodes were missing. If a node was missing between two pipes, one would be added in that
location. If a pipe intersected and flowed into another pipe without a connecting node, the intersected pipe was split
at that location and a node was placed there for complete connectivity. See Figure 4-2 for examples of missing nodes
and pipes that required splitting for connectivity. Before
After
HYDRAULIC ANALYSIS
4-3
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
Figure 4-2. Missing nodes and a pipe that required splitting in the original GIS data
If a new node was added to the data, the field RESPEC_ADDED would be set to Y as an abbreviation of “yes” to
distinguish it from nodes sent to RESPEC by the City.
4.2.7 Pipe Geometry
If a pipe had a defined geometry in its original shapefile, it was assigned the same geometry in SWMM. However,
there were instances where the pipe geometry assigned in ArcGIS data provided by the City had unexpected geometry.
For example, there were instances of pipes changing size and/or material mid-line. In these instances, the geometry
of the pipe would be overridden with that of the nearest downstream pipe. If a pipe had dimensions but no defined
shape, it was assumed to be rectangular rather than elliptical. If a pipe was defined as being elliptical, it would be
modeled in SWMM as a vertical ellipse if the height were greater than the width or as a horizontal ellipse of the width
were greater than the height. If a pipe reported one number in its geometry but no shape, it was assumed to be
circular. If a pipe had no defined geometry, it would be assigned the same geometry as the nearest downstream pipe
with a geometry.
4.2.8 Pipe Material and Manning’s n
Pipes were assigned their recorded material. If a pipe did not have a previously assigned material, it was assumed to
be made of reinforced concrete (RCP). If it was a natural ditch it was assumed to have an earthen and short grass
covering. See Table 4-1 for the Manning’s n values applied to the different materials in this master plan. A 25% increase
in Manning’s n value was implemented in the SWMM model per the recommendation of Section 6.2.2 of the August
2018 MHFD Criteria Manual, Urban Storm Drainage Criteria Manual (USDCM) Volume 1. The n values were taken from
Section A.6 of the Storm Water Management Model User’s Manual Version 5.2, Revised February 2022.
Before
After
HYDRAULIC ANALYSIS
4-4
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
Table 4-1. Manning’s n values used for different pipe materials
4.2.9 Maximum Depths
The maximum depth for each inlet and manhole was calculated as the difference between the surface and invert
elevations of each node.
4.3 COUPLING CUHP AND SWMM
Since CUHP was used for the hydrologic regime of the model, the output from CUHP needed to be connected to
SWMM. This was done by using the output text file from SWMM as inflows. Since the target nodes in CUHP were
named the same as the subcatchment nodes in SWMM, the appropriate hydrograph was assigned to each sub-
catchment node.
4.4 DEFICIENCIES & OVERFLOWS
Deficient streets and pipes were determined according to the specifications below.
4.4.1 5-Year Deficiencies
The following contains information on how streets, pipes, and inlets are determined as deficient for the 5-year storm
event.
Streets
o Water was allowed to pond within the curb and gutter of streets. A 0.5’ street curb was assumed and
if the water depth exceeded this, it was flagged as deficient.
Pipes
o Pipes whose HGL was above ground level and caused ponding in excess of 0.5’ in the street were
flagged as deficient.
4.4.2 25-Year and 100-Year Deficiencies
The following contains information on how streets, pipes, and inlets are determined as deficient for the 25-year and
100-year storm event.
Streets
o Water was allowed to pond within the curb and gutter of streets. A 0.5’ street curb was assumed and
if the water depth exceeded 1’, it was flagged as deficient.
Pipes
o Pipes whose HGL was above ground level and caused ponding in excess of 1’ in the street were flagged
as deficient.
Material Abbreviation Manning’s n [sec/ft1/3] Manning’s n for SWMM Model
[sec/ft1/3]
Cast iron CI, DIP 0.013 0.01625
Clay VCP 0.013 0.01625
Concrete RCP, CON, CPP, CAP 0.013 0.01625
Corrugated metal CMP 0.024 0.03
Grass 0.024 0.03
Earthen 0.025 0.03125
Plastic HDPE, CIPP, PVC 0.013 0.01625
Asphalt (Roads) 0.015 0.019
Riprap 0.0275 0.034
Welded steel ASP, STL 0.012 0.015
HYDRAULIC ANALYSIS
4-5
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
4.4.3 Overflows
Overflows were added for nodes that serve as inlet nodes to pipes whose max/full flow were greater than 1 during
the 5-year, 25-year, and 100-year storm events. While a pipe is deficient if its max/full flow is above 0.8, it must be
above 1 for it to overflow in SWMM. If a pipe exceeded its capacity, its inlet junction node was converted to a divider
node. As such, overflows were not added for every pipe and node. They were only added for pipes that met the
aforementioned criteria.
For instances where pipes surcharged and flooding occurred in the model, overflow links were added in the form of
uniformly sized, closed, rectangular concrete pipes or typical street cross sections. This was done to convey water to
the next segment of stormwater infrastructure. The closed, rectangular concrete pipes used for overflows had a
Manning’s n value of 0.01625. It was noted that the maximum velocities in overflow conduits were 50 feet per second.
This is believed to be due to the hypothetical, oversized cross section used in the overflow conduits and is not
representative of velocities in the system. The real-world existing storm drainage infrastructure analyzed in this model
produced velocity results within the expected range. An example of the closed, rectangular concrete pipe is shown in
Figure 4-3.
Figure 4-3. An example of closed, rectangular concrete pipe
A typical street cross section was made to simulate flow on streets. The transect was dimensioned and drawn
according to the standard construction detail for local residential streets with parking by the City of Wheat Ridge
Department of Public Works Engineering Division. It was assumed that at all locations there was a 6 inch curb to easily
compare results. Vertical walls of 10 ft were modeled to ensure the containment of flow within the cross sections. See
Figure 4-4 for the standard construction detail used for the typical street cross section. See Figure 4-4 for an example
of the street transect drawn for this project.
Figure 4-4. Standard construction detail for local resident streets with parking from the City of Wheat Ridge.
HYDRAULIC ANALYSIS
4-6
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
Figure 4-5. An example of the typical street cross section
For flows above 1 ft of flow depth in the street cross section, these were separated and calculated using Manning’s
equation to determine the necessary pipe size increase in order to convey these overflow values. See Figure 4-6 for
an example of a street cross section with flow above 1 ft of the flow depth.
Figure 4-6. An example of the street cross section with flows above 1 ft of flow depth
If a pipe overflowed, its inlet node was changed from a junction to a divider. Then, a new link would be added on the
street that was downstream from the divider. The new link would be named OVRFLW_<parallel conduit> where
<parallel conduit> is the name of the conduit that runs parallel to the overflow link; OVRFLW stands for overflow. The
divider node was connected to the nearest downstream node to determine if the overflow had sufficient capacity and
account for the appropriate amount of flow in the street.
In the example in Figure 4-7, the dark blue nodes are divider nodes, the light blue nodes are junction nodes, the dark
blue lines are stormwater pipes, and the yellow lines are overflow conduits. The overflow conduit
OVRFLW_P_ST_W38TH_AVE_00 only accounts for the overflowing water from MH_10235.
HYDRAULIC ANALYSIS
4-7
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
Figure 4-7. An example of diversion nodes and overflow links from the SWMM model designed to convey flooding in
the street when pipes are at maximum capacity
4.5 RESULTS FROM THE DEFICIENCY ANALYSIS
There was a total of 235,369 ft (45 mi) of pipes that were modeled for this master plan. Of the streets that were
modeled for this master plan, 7,888 ft (1.49 mi) were deficient for the 100-year event. See Table 4-2 for the length of
pipes that are deficient in Wheat Ridge for the 5-year, 25-year, and 100-year event.
Table 4-2. Summary of deficient pipes for the 5-year, 25-year, and 100-year storm event
Storm Event Length [ft] Length [mi] Percentage of Deficient Pipe Length
5-Year 40,694 7.7 17%
25-Year 44,063 8.3 19%
100-Year 54,050 10.2 23%
The SWMM report file (.rpt) and output file (.out) for the 5-year, 25-year, and 100-year events can be found in Digital
Appendices D, F, and H respectively. Average depth, max depth, max total inflow, and total inflow for the 5-year, 25-
year, and 100-year storms for each junction can be found in Report Appendix F, whereas peak flow, peak velocity,
max/full flow, and max/full depth for each pipe can be found in Report Appendix G. Section 4.5.1 discusses general
trends and problem areas for the 5-year event, Section 4.5.2 discusses general trends and problem areas for the 25-
year event, and Section 4.5.3 discusses general trends and problem areas for the 100-year event.
4.5.1 5-Year Problem Areas
There are deficient pipes throughout the whole of Wheat Ridge, but as seen in Figures 4-8, the highest concentration
of deficient pipes are around W 44th Ave, I-70, and close to Clear Creek. Many of these deficiencies are found within
the creeks’ floodplains and 100-year flood zones.
Figure 4-8. Deficient pipes in Wheat Ridge for the 5-year storm event
Junction Divider
HYDRAULIC ANALYSIS
4-8
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
4.5.2 25-Year Problem Areas
As seen in Figure 4-9, there are more deficient overflows for the 25-year event than for the 5-year event. A greater
number of deficient overflows exist along W 44th Ave, I-70, Kipling St, close to Clear Creek, and in the northeastern
parts of the city.
Figure 4-9. Deficient pipes in Wheat Ridge for the 25-year storm event
4.5.3 100-Year Problem Areas
The highest concentration of deficient pipes is along Kipling St, Pierce St, W 44th Ave, and I-70 as seen in Figure 4-10.
Generally, if the pipe is deficient in the 25-year event, the analysis showed more significant deficiencies in the 100-
year due to the increase of stormwater runoff.
Figure 4-10. Deficient pipes in Wheat Ridge for the 100-year storm event
HYDRAULIC ANALYSIS
4-9
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
4.6 2026-2035 CIP REVIEW
RESPEC analyzed the City of Wheat Ridge’s stormwater infrastructure to identify the most problematic areas needing
improvements. RESPEC analyzed the 5-year, 25-year, and 100-year storm events to identify areas having local
urbanized flooding as well as potential areas that could experience catastrophic flooding in a 100-year storm event.
Based on the analysis, the following projects were identified for future capital improvements to alleviate the flooding
in the area:
W 32nd Ave – 5 Year Improvements
Holland St – 25 Year Improvements
Independence St – 25 Year Improvements
Pierce St – 25 Year Improvements
W 44th Ave – 25 Year Improvements
The following subsections discuss the 2026-2035 Capital Improvement Plan (CIP) and only addresses stormwater
projects that pertain to drainage. It does not discuss projects that address issues such as water quality, creek crossings,
infrastructure repairs, or maintenance. See Report Appendix J for the descriptions and detailed cost estimates.
4.6.1 W 32nd Ave – 5 Year Improvements
This is a multi-phased project to upsize the existing stormwater pipe along W 38th Ave to W 32nd Ave during phase I to
be 48” RCP and in phase II to upsize the existing stormwater pipe along Wadsworth Blvd to Pierce St to be 42” RCP.
The project area is primarily residential with areas of commercial. This project is intended to reduce loss of property,
alleviate flooding, and improve the existing drainage. See Report Appendix J for an itemized table of the improvements
needed to the existing stormwater infrastructure, dimensions, and a detailed cost estimate.
4.6.2 Holland St – 25 Year Improvements
This project recommends upsizing the existing 24” CMP stormwater pipe at Holland St from W 32nd Ave to W 37th Ave
to be a 36” RCP. The project area is primarily residential and adjacent to Wheat Ridge High School. Coordination with
Consolidated Mutual Water is recommended in order to align with their planned project of upsizing the water main
in this road. Coordination with Wheat Ridge High School is also encouraged for construction purposes for this
improvement project. This project recommendation is intended to minimize property damage, mitigate flood risks,
and enhance the drainage system by improving the existing, aging, and undersized infrastructure. See Report
Appendix J for an itemized table of the improvements needed to the existing stormwater infrastructure, dimensions,
and a detailed cost estimate.
4.6.3 Independence St – 25 Year Improvements
This is a multi-phased project to upsize the existing 48” CMP stormwater pipe from W 38th Ave to the Clear Creek
outfall in Hoyt Ct during phase I to be 60” RCP and in phase II to complete the upsizing of the existing stormwater pipe
or additional stormwater pipe from W 37th Ave to W 38th Ave along Independence St to be 60” RCP. The project area
is primarily residential with some areas of open land use. This suggestion addresses upsizing the existing stormwater
pipe, expanding the stormwater conveyance system along Independence St, mitigates property damage risks, and
provides flood relief. A more detailed analysis of this area is recommended during the design process. See Report
Appendix J for an itemized table of the improvements needed to the existing stormwater infrastructure, dimensions,
and a detailed cost estimate.
4.6.4 Pierce St – 25 Year Improvements
This is a multi-phased project to install additional stormwater pipes of 54” RCP and 30” RCP from W 44th Ave to an I-
70 connection during phase I and in phase II to install additional stormwater pipes of 60” RCP and 42” RCP from W
38th Ave to W 44th Ave. The project area is primarily residential with areas of commercial. Coordination with businesses
along Pierce St, the Frank DeAngelis Community Safety Center, and Als Pine Garden is recommended for construction
purposes for this improvement project. This project is designed to help curb property loss, lessen the impacts of
flooding, and improve the area’s drainage. See Report Appendix J for an itemized table of the improvements needed
to the existing stormwater infrastructure, dimensions, and a detailed cost estimate.
4.6.5 W 44th Ave – 25 Year Improvements
This project recommends upsizing the existing stormwater conveyance system along W 44th Ave from Wright St to
outfall to Clear Creek in order to avoid disruption to businesses and residents adjacent to W 44th Ave. The project area
consists of residential, commercial, and open space land use. Coordination with businesses along W 44th Ave and
Wheat Ridge Parks and Recreation for construction purposes is recommended for this improvement project. The
intent of this project is to capture as much flow as possible in W 44th while maintaining minimal overflow continuing
east along W 44th Ave. See Report Appendix J for an itemized table of the improvements needed to the existing
stormwater infrastructure, dimensions, and a detailed cost estimate.
4.6.6 Additional Areas of Concern
There are other areas of concern that should be investigated by the City of Wheat Ridge over the upcoming years.
These project areas are approximate and require further analysis before implementation:
W 47th Ave – 100 Year Improvements
I-70 Frontage Rd – 5 and 100 Year Improvements
PRIORITIZATION ANALYSIS
5-10
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
W 48th Ave – 5 and 100 Year Improvements
W 33rd Ave – 5 and 100 Year Improvements
Creekside Park - 100 Year Improvements
Kipling St – 5 and 100 Year Improvements
W 29th Ave – 100 Year Improvements
4.7 2026-2035 CIP COSTS
The CIP costs are directly reproduced here from the 2026-2035 CIP for reference and for comparison to other costs.
These costs are subject to inflation and other revisions from the date when the document was prepared. The cost
estimates consist of unit costs for pipes that are complete in place and includes costs for excavation, bedding,
placement, and backfill. General construction costs are included in the estimates, such as engineering, mobilization,
erosion control, legal and administrative, contract, SUE, utility relocation, and traffic control. The total projected costs
for the CIP’s are as follows:
Pierce St – 25 Year Improvements is $3,761,872;
Independence St – 25 Year Improvements is $2,918,317;
W 44th Ave – 25 Year Improvements is $4,246,723;
W 32nd Ave – 5 Year Improvements is $3,923,672; and
Holland St – 25 Year Improvements is $1,175,773.
Therefore, the total projected costs for all CIP that were reviewed in this master plan is $16,026,357. See Report
Appendix J for a detailed cost estimate for each improvement.
5 PRIORITIZATION ANALYSIS
The following section contains information on improvements presented in this master plan. The proposed
improvements were prioritized based upon issues and concerns identified by the City, input by residents, interaction
with future projects, and cost estimates.
5.1 OVERVIEW
Prioritizations were made on an area-by-area basis, not on a pipe-by-pipe basis. This was chosen so that the projects
could be enacted in conjunction with other projects constructed within City limits. Since many of the projects involve
the redirection of traffic and excavation, they can be analyzed and addressed simultaneously.
5.2 PARAMETERS
The parameters that were evaluated for each sub-catchment for the prioritization analysis were:
Linear ft of proposed pipes required based upon the analysis;
Linear ft of additional pipes required based upon the analysis;
The number of buildings that could potentially be impacted;
The number of stormwater related complaints; and
Linear ft of arterial roads that could potentially be impacted.
The linear ft of proposed pipes was chosen because they form the basis for this master plan (see Sections 3 and 4).
Buildings were included because they are an indicator of social and economic density, and if there is a lack of adequate
stormwater infrastructure capacity they could potentially be impacted. The number of stormwater-related complaints
was chosen because they help validate the data that indicate flooding issues. The linear ft of arterial, collector, or local
roads was chosen because they are vital thoroughfares throughout the City; if there is inadequate stormwater capacity
in their vicinity, they may not be traversable during sufficiently large storm events.
5.3 PROBLEM AREAS
5.3.1 5-Year (Highest Risk Areas)
One location was identified as a problem area for the 5-year event. Problem areas that have deficiencies at the 5-year
event are at the highest risk of experiencing stormwater flooding issues during any given year. The problem area is
located in the southeastern portion of the City, found along W 32nd Ave from Wadsworth Blvd to W 38th Ave. Both of
the project’s phases have pipes recommended to be upsized and no new additional pipes. Table 5-1 and Table 5-2
summarizes the problem areas and estimated costs. See Figure 5-1 for the location of the improvement outlined in
blue.
PRIORITIZATION ANALYSIS
5-11
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
A. Project W 32nd Ave 5-Year Improvements
a. Phase I is located along Pierce St from W 32nd Ave to W 38th Ave. It is estimated that approximately
1815 linear ft of pipes are recommended for addition. The estimated cost is approximately
$1,643,583.
b. Phase II is located along W 32nd Ave between Wadsworth Blvd and Pierce St. It is estimated that
approximately 2586 linear ft of pipes are recommended for addition. The estimated cost is
approximately $2,280,088.
Table 5-1. 5-Year Problem Areas Phase I
Project Location Phase
Proposed
Pipes
[ft]
Additional
Pipes
[ft]
Buildings
[#]
Citizen
Complaints
[#]
Arterial
Roads
[ft]
Estimated
Cost
[$]
W 32nd Ave
5-Year
Improvements
W 32nd Ave
from
Wadsworth
Blvd to W 38th
Ave
Phase I:
Pierce from
W 38th Ave
to W 32nd
Ave
1815 0 28 1 0 1,643,583
Table 5-2. 5-Year Problem Areas Phase II
Project Location Phase
Proposed
Pipes
[ft]
Additional
Pipes
[ft]
Buildings
[#]
Citizen
Complaints
[#]
Arterial
Roads
[ft]
Estimated
Cost
[$]
W 32nd Ave
5-Year
Improvements
W 32nd Ave
from
Wadsworth
Blvd to W 38th
Ave
Phase II: W
32nd from
Wadsworth
Blvd to
Pierce St
2586 0 34 0 2615 2,280,088
Figure 5-1. Project W 32nd Ave 5-Year Improvements being located along W 32nd Ave from Wadsworth Blvd to W 36th
Pl outlined in blue
PRIORITIZATION ANALYSIS
5-12
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
5.3.2 25-Year (Highest Damage Areas)
Four locations were identified as problem areas for the 25-year event. The highest estimated cost, $4,246,723, occurs
for Project W 44th Ave – 25 Year Improvements. The lowest estimated cost, $1,175,773, occurs for Project Holland St
– 25 Year Improvements. Of the four problem areas, three have no arterial roadways and two have new additional
pipes. See Table 5-3 – Table 5-7 for a summary of the 25-year problem areas.
A. Project Pierce St 25-Year Improvements
a. Phase I is located from W 44th Ave to a pipe connection under I-70. It is estimated that approximately
1637 linear ft of pipes are recommended for addition. The estimated cost is approximately
$1,417,498.
b. Phase II is located at Pierce St from W 38th Ave to W 44th Ave. It is estimated that approximately 2319
linear ft of pipes are recommended for addition. The estimated cost is approximately $2,344,374. See
Figure 5-2 for the location of the improvement project, outlined in blue.
Table 5-3. Pierce St Phase I 25-Year Problem Areas
Project Location Phase
Proposed
Pipes
[ft]
Additional
Pipes
[ft]
Buildings
[#]
Citizen
Complaints
[#]
Arterial
Roads
[ft]
Estimated
Cost
[$]
Pierce St
25-Year
Improvements
Pierce St from
W 38th Ave to
connection
under I-70
Phase I:
W 44th Ave
to I-70
Connection
0 1637 32 2 0 1,417,498
Table 5-4. Pierce St Phase II 25-Year Problem Areas
Project Location Phase
Proposed
Pipes
[ft]
Additional
Pipes
[ft]
Buildings
[#]
Citizen
Complaints
[#]
Arterial
Roads
[ft]
Estimated
Cost
[$]
Pierce St
25-Year
Improvements
Pierce St from
W 38th Ave to
connection
under I-70
Phase II:
W 38th Ave
to W 44th
Ave
0 2319 29 0 0 2,344,374
Figure 5-2. Project Pierce St 25-Year Improvements being located along Pierce St from W 38th Ave to connection under
I-70 outlined in blue
PRIORITIZATION ANALYSIS
5-13
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
B. Project Independence St 25-Year Improvements
a. Phase I is located at W 38th Ave and outfalls in Hoyt Ct to Clear Creek. It is estimated that
approximately 1441 linear ft of pipes are recommended for upsizing. The estimated cost is
approximately $1,635,265.
b. Phase II is located along Independence St from W 37th Ave to W 38th Ave. It is estimated that
approximately 970 linear ft of pipes are recommended for addition. The estimated cost is
approximately $1,283,052. See Figure 5-3 for the location of the improvement project, outlined in
blue.
Table 5-5. Independence St Phase I 25-Year Problem Areas
Project Location Phase
Proposed
Pipes
[ft]
Additional
Pipes
[ft]
Buildings
[#]
Citizen
Complaints
[#]
Arterial
Roads
[ft]
Estimated
Cost
[$]
Independence St
25-Year
Improvements
Independence
St from W 37th
Ave to outfall
to Clear Creek
Phase I:
W 38th Ave
to outfall in
Hoyt Ct
1441 0 20 0 0 1,635,265
Table 5-6. Independence St Phase II 25-Year Problem Areas
Project Location Phase
Proposed
Pipes
[ft]
Additional
Pipes
[ft]
Buildings
[#]
Citizen
Complaints
[#]
Arterial
Roads
[ft]
Estimated
Cost
[$]
Independence St
25-Year
Improvements
Independence
St from W 37th
Ave to outfall
to Clear Creek
Phase II:
W 37th Ave
to W 38th
Ave
0 970 17 2 0 1,283,052
Figure 5-3. Project Independence St 25-year Improvements being located along Independence St from W 37th Ave to
outfall to Clear Creek outlined in blue
PRIORITIZATION ANALYSIS
5-14
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
C. Project W 44th Ave 25-Year Improvements is located along W 44th Ave from Wright St to outfall to Clear Creek.
It is estimated that approximately 2085 linear ft of pipes are recommended for upsizing. The estimated cost
is approximately $4,246,723. See Figure 5-4 for the location of the improvement outlined in blue.
Table 5-7. W 44th Ave 25-Year Problem Area
Project Location
Proposed
Pipes
[ft]
Additional
Pipes
[ft]
Buildings
[#]
Citizen
Complaints
[#]
Arterial
Roads
[ft]
Estimated
Cost
[$]
W 44th Ave
25-Year
Improvements
W 44th Ave from
Wright St to
outfall to Clear
Creek
2085 0 20 0 2097 4,246,723
Figure 5-4. Project W 44th Ave 25-year Improvements being located along W 44th Ave from Wright St to outfall to Clear
Creek outlined in blue
D. Project Holland St 25-Year Improvements is along Holland St between W 32nd Ave and W 37th Ave. The project
crosses the Rocky Mountain Ditch. It is estimated that approximately 1614 linear ft of pipes are recommended
for upsizing. The estimated cost is approximately $1,175,773. See Figure 5-5 for the location of the
improvement outlined in blue.
Table 5-8. Holland St 25-Year Problem Area
Project Location
Proposed
Pipes
[ft]
Additional
Pipes
[ft]
Buildings
[#]
Citizen
Complaints
[#]
Arterial
Roads
[ft]
Estimated
Cost
[$]
Holland St
25-Year
Improvements
Holland St from
W 32nd Ave to W
37th Ave
1614 0 30 1 0 1,175,773
Figure 5-5. Project Holland St 25-year Improvements being located along Holland St between W 32nd Ave and W 37th
Ave outlined in blue
PRIORITIZATION ANALYSIS
5-15
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
5.4 PRIORITIZATION OF CIP PROJECTS
As presented in Section 4.6, RESPEC reviewed five projects outlined in the current 2026-2035 City of Wheat Ridge CIP.
The five CIP projects were prioritized by analyzing city identified issues and concerns, resident input via community
surveys, interaction with future projects, and cost. Higher prioritization was assigned by interactions with future
projects and immediate concerns to residential property. See Section 8 for more information about the collection of
resident input for this master plan. Figure 5-6 shows the approximate locations of the CIP projects analyzed in this
project. The recommended priority for the CIP is in the following order:
1. Independence St – 25 Year Improvements
a. This improvement project was identified during meetings with the City of Wheat Ridge staff and
confirmed by model results showing deficient, undersized pipes in the area. This improvement
addresses the needs identified by the City. Therefore, Independence St – 25 Year Improvements is at
the top of the prioritization list for CIP projects.
2. Pierce St Improvements – 25 Year Improvements
a. This improvement was identified by the City of Wheat Ridge and formal input by residents via What’s
Up Wheat Ridge community surveys. Model results confirmed the concerns of the City and residents
showing inadequate pipe sizing and downstream impacts. Therefore, Pierce St Improvements – 25
Year Improvements has the second highest prioritization for CIP projects.
3. Holland St – 25 Year Improvements
a. This improvement will be coordinated with Consolidated Mutual Water to align with their planned
projects, and this coordination is considered in this project’s prioritization as well as addressing
downstream areas of concern. By coordinating this project with Consolidated Mutual Water,
construction costs can potentially be reduced as well as impacts to the neighborhood from multiple
projects or demolition of new improvements.
4. W 32nd Ave – 5 Year Improvements
a. This improvement provides direct improvements for the community of Wheat Ridge. The
prioritization of this improvement was also informed by downstream areas of concern that were
identified by the City of Wheat Ridge.
5. W 44th Ave – 25 Year Improvements
a. This improvement has the highest associated costs and requires significant planning efforts related
to street infrastructure and traffic. The prioritization of this improvement was also informed by
downstream areas of concern that were identified by the City of Wheat Ridge, such as the need of
upsizing stormwater infrastructure to avoid disruption to businesses and residents adjacent to W
44th Ave.
Figure 5-6. An overview of the City of Wheat Ridge identified issues
STORM DRAINAGE CRITERIA EVALUATION
7-1
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
6 STORM DRAINAGE CRITERIA EVALUATION
RESPEC was contracted with the City of Wheat Ridge to complete a Stormwater Master Plan in early 2024 in
conjunction with City RFP-24-106 (RFP). One of the tasks included in the scope of work for that project was to review
the City’s drainage and runoff standards to determine modifications needed to be in conformance with the Mile High
Flood District (MHFD) Criteria Manual, the Urban Storm Drainage Criteria Manual (USDCM).
The City’s drainage criteria and standards are currently organized differently than those of many front range
communities and could benefit from reorganization to mirror the structure of the USDCM and the criteria manuals of
other communities, and to be clearer and more user-friendly. There are some noted inconsistencies with the USDCM,
which are not problematic outside of projects that will be funded by the MHFD, as each community is free to establish
its own criteria and standard. However, these criteria inconsistencies should be evaluated by the City to determine if
it would be in the City’s best interest to revise them to match the USDCM. See Appendix K for the complete Storm
Drainage Criteria Evaluation Report which summarizes RESPEC’s review and recommendations.
7 CONCEPTUAL STORMWATER UTILITY FEE ANALYSIS
The extension of the City’s sales tax approved in November 2023 is expected to fund a portion of the capital drainage
and floodplain infrastructure improvements at priority locations in the City. This fee is set to expire in 2043. It is
unknown if citizens would be willing to also fund a stormwater utility fee, however, there are operation and
maintenance needs that still need to be adequately funded and capital needs that cannot be addressed by the sales
tax extension.
Many communities in Colorado have implemented a stormwater utility fee in order to offset general funds being used
for stormwater maintenance projects and capital improvement projects. Communities use a stormwater utility fee to
maintain their stormwater programs similar to water and wastewater utility fees. The utility fee can be used to fund
maintenance, management, and construction of stormwater infrastructure.
In order to determine what the conceptual stormwater utility fee could be, RESPEC completed an analysis of the City’s
stormwater infrastructure and identified a 10-year Capital Improvement Plan. City staff also identified other regional
projects, existing system repairs, and additional personnel and equipment needed as part of the total cost over the
next 10-year period.
There are multiple ways to determine conceptual stormwater utility fees for communities. The City has stated they
intend on conducting a more detailed study to determine the future stormwater utility fee. RESPEC recommends as
part of the process of implementing a fee to include key stakeholders in the community and have City Council included
in the process. This will allow the community to understand the reason for the fees and be able to support adoption
of the fee. Implementing a stormwater utility fee will allow the City of Wheat Ridge to have a dedicated funding source
to manage stormwater runoff, leading to better maintained infrastructure, reduced flooding, and overall improved
water quality. See Appendix L for the complete Conceptual Stormwater Utility Fee Analysis Report which summarizes
RESPEC’s analysis and recommendations.
COMMUNITY OUTREACH
9-2
CITY OF WHEAT RIDGE
STORMWATER MASTER PLAN
8 COMMUNITY OUTREACH
As part of this master plan, RESPEC and the City of Wheat Ridge conducted a survey of the residents of Wheat Ridge
regarding their stormwater concerns for the community. Input from the community was done through an online,
interactive map where registered community members and residents could help identify areas of concern for
stormwater in the community by placing a pin on the map. Registered users were provided the space to provide a
commented description of their stormwater concern and upload a picture. An online form was available for
community members as an alternative to the online, interactive map in order to increase accessibility and ensure
convenience for the Wheat Ridge community. This online form provided users with an additional instruction of
describing the location of the stormwater concern. Figure 8-1 shows an image of online, interactive map that was
utilized for surveying the Wheat Ridge community.
Figure 8-1. Community Concerns online, interactive map for the stormwater master plan
The surveys were conducted using the Places and Survey tools from EngagementHQ and a page on the What’s Up
Wheat Ridge site was dedicated for the master plan. Click here to view the stormwater master plan site. The master
plan page also included the project timeline, points of contact from both RESPEC and the City of Wheat Ridge, and a
frequently asked questions (FAQs) section with topics pertaining to stormwater drainage, master plans, and
sustainability. The master plan page had a total of 529 visits and 84 completed surveys from community members.
See Appendix M for the detailed survey reports and responses generated from EngagementHQ.
9 MASTER PLAN CONCLUSION
The report herein addresses the stormwater goals and priorities of the City of Wheat Ridge as outlined in Section 1.
To minimize the impacts of flooding, this master plan lays out strategies for drainage and conveyance within the City.
The recommendations address general drainage issues as determined from SWMM models, address known drainage
problems, and address locations without sufficient drainage. The master plan provides conceptual level cost estimates
for implementing the improvements recommended in this report as well as methods to prioritize the improvements.
This master plan report serves as a tool for efficient and proactive stormwater planning for the use of City funds and
resources into the future.
RESPEC recommends the below steps as follow-up to this master plan:
Conduct a more detailed survey and analysis in the problem areas to refine the needed improvements and
verify the recommendations of this master plan.
Hydrologic model enhancements
o Survey the invert elevations of connecting nodes within the model, such as manholes, inlets, and
junctions.
o Update the model and catchments with new creek outfalls that have been surveyed since the
completion of this master plan.
RESPEC would like to acknowledge the invaluable help and support in the preparation of this report that was furnished
by the City of Wheat Ridge staff.
ITEM NUMBER: 8
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION 29-2025
TITLE: A RESOLUTION APPROVING THE REVISED PROCUREMENT
POLICY AND GUIDELINES INCLUDING INCREASED
PROCUREMENT LIMITS, THRESHOLDS AND AUTHORITIES
AND RESCINDING RESOLUTION NO. 30-2017 IN CONFLICT
THEREWITH
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The City of Wheat Ridge’s procurement program supports departments across the City
by ensuring millions of dollars in project, supplier and contractor spending is properly
solicited and reported, and that best value is achieved. Staff is working to implement
software improvements to streamline and modernize this program. In preparation for
these changes, staff has revised the existing procurement policy to provide increased clarity, improved procedures, increased thresholds to streamline the process, and
additional information about legal and ethical requirements.
PRIOR ACTION:
The last revision of the procurement guidelines was approved by Council in 2017.
Staff presented Council with updated policy and guidelines on April 21, 2025. The
discussion included an overview of the new policy with recommendations for increasing
the thresholds and authorities to further improve the procurement process. Council
provided consensus to move forward with the policy and asked staff to increase the Council approval limit to $250,000. Council also asked staff to include a timeframe for
which the Procurement Policy and Guidelines should be reviewed. Staff recommends
that range be three to five years as determined by market conditions and best practices.
FINANCIAL IMPACT:
There is no financial impact as a result of implementing the updated policy.
Council Action Form – Revised Procurement Policy and Guidelines
May 12, 2025
Page 2
BACKGROUND:
In 2022, the City retained the consultancy firm BerryDunn to conduct a full and sweeping analysis of the City’s current systems and business processes. This included finance,
revenue, building permitting, personnel and courts. With BerryDunn, the City conducted a
Request for Proposal (RFP) process to determine the best system or package of systems
to best serve the City’s needs. Staff learned through this process that no single system
exists to serve the City’s needs and that instead, systems tailored to specific needs will best serve the needs of business owners, residents, staff and other stakeholders. This
“best of breed” approach led staff to select the following systems:
Area System Implementation Timing
Revenue – tax and licensing GovOS April – March 2025
Permitting – building, right-of-way
and code enforcement
OpenGov (grant
funding secured)
April 2024 – January 2025
Finance – accounting, general
ledger, cashiering, budgeting,
procurement, contract
management
OpenGov January 2025-March 2026
HRIS – payroll, personnel,
applicant tracking, time keeping,
performance
Paycom February – July 2025
Courts – judicial management *TBD – (grant
funding secured)
June 2025 – May 2026
Staff is pleased to report that the OpenGov Procurement implementation is going
smoothly and is ahead of schedule. With this implementation and evolution of market
conditions since the last update, now is the ideal time to revisit the procurement limits
and thresholds.
With an emphasis on modernizing the way the City does business, staff recommends the
following updates to the City’s procurement policy:
• Streamline limits; currently, there are three different sets of limits and thresholds
which leads to confusion as to which rules apply for which kind of procurement
(goods and services, professional services, construction)
• Increase limits to reflect the evolution of the market and streamline the approval process
• Include various procurement methods such as cooperative procurement and
bake-offs
• Include all procurement related policies
• Align responsibilities for various stages of the procurement process
Council Action Form – Revised Procurement Policy and Guidelines
May 12, 2025
Page 3
• Remove redundancies and prioritize the most important information
The chart below outlines the proposed procurement thresholds, approval
authorizations, applicable procurement method and acceptable payment methods: Procurement Thresholds
Approval Authorizations
Procurement Method
Payment Methods
Up to $10,000
(currently $5,000)
Discretionary –
Department designee
may authorize.
Competitive quotes are
encouraged, not required. No
purchase requisition required,
unless a PO is requested by
vendor
Preferred payment
method is by City
P-card (VISA). *
Over $10,000 up to
$75,000
(currently $5,000-
$25,000)
Purchases over
$10,000 up to
$75,000 require a
department director’s
approval.
Obtain three written quotes
from three different vendors for
“apples-to-apples” comparisons.
Document vendor choice with
added
explanation, if necessary. PO is
required for purchases of
$10,000 or more.
Paid via invoice,
pay application, or
P-Card as
appropriate. *
$75,000 and up
(Currently $25,000
and $50,000 based on
the commodity)
City Manager may
authorize purchases
up to $250,000 via
signature. City Council
approval is required
for purchases over
$250,000.
Formal bid process is required,
PO and / or contract.
Paid via invoice or
pay application.
Staff researched several agencies in the metro area and around the state to help drive
these updates, thresholds and limits. See below for a summary of this information.
Many neighboring municipalities are currently working on similar efforts or have recently completed this modernization work.
Council Action Form – Revised Procurement Policy and Guidelines
May 12, 2025
Page 4
Agency Name
Discretionary
Spend
Documented
Quote
Formal
Solicitation
Construction
Limit
Board/Council Approval
Limit
City of Englewood $10,000 10k-125k $125,000 $250,000
City of Arvada $10,000 10k - 50k $50,000 $500,000
City of
Longmont $10,000 10k-250k $250,000
unbudgeted
only
City of
Brighton $15,000 15k-50k $50,000 $500,000
City of
Thornton $10,000 10-60k $60,000 n/a
City of
Lakewood $10,000 10k-80k $80,000
unbudgeted
only
City of
Lafayette $7,500 7500-50k $25,000 $50,000.00 $100,000
City of
Centennial $5,000 5k-30k $30,000
$150,000 &
$300,000
(capital)
Town of Erie $10,000 up to $50k $50,000 $100,000
City of
Northglenn $10,000 up to $25k $25,000 $75,000
City and
County of
Denver $25,000 up to $150k $150,000 $500,000
City of Wheat Ridge
(current) $5,000 5k-25k $25,000 $100,000.00 $75,000
City of Wheat
Ridge
(proposed) $10,000.00 10k-75k $75,000 $250,000
Finally, the revised guidelines include all procurement related policies including:
• Ethics
• Procurement Card
• Progressive Encumbrance
RECOMMENDATIONS:
Staff recommends approval of the updated procurement policy and guidelines including
increased limits, thresholds, and authorities.
Council Action Form – Revised Procurement Policy and Guidelines
May 12, 2025
Page 5
RECOMMENDED MOTION:
“I move to approve Resolution 29-2025, a resolution approving the revised Procurement Policy and Guidelines including increased procurement limits, thresholds and
authorities and rescinding Resolution 30-2017 in conflict therewith.”
Or,
“I move to postpone indefinitely, Resolution No. 29-2025 a resolution approving the
revised Procurement Policy and Guidelines including increased procurement limits, thresholds and authorities and rescinding Resolution 20-2017 in conflict therewith for
the following reason(s).”
REPORT PREPARED/REVIEWED BY:
Allison Scheck, Deputy City Manager
Whitney Mugford-Smith, Procurement Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 29-2025 2. 2025 Procurement Policy
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 29
SERIES OF 2025
TITLE: A RESOLUTION APPROVING THE REVISED PROCUREMENT
POLICY AND GUIDELINES INCLUDING INCREASED PROCUREMENT
LIMITS, THRESHOLDS AND AUTHORITIES AND RESCINDING
REOLUTION 30-2017 IN CONFLICT THEREWITH
WHEREAS, it is the desire of the City to establish a uniform Procurement Policy
and Guidelines which conforms to open and competitive procurement practices and obtains the best value for City expenditures; and
WHEREAS, the establishment of such a policy will promote efficient procurement
of goods and services; and
WHEREAS, the City’s Procurement Manager routinely reviews and updates the
Procurement Policy and Procedure to align with current Statues, Laws, and Ethical guidance as well as industry best practices; and
WHEREAS, the Procurement Division is responsible for implementing the
Procurement Policy and Guidelines as approved by City Council.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado:
1. All purchases by the City of goods and services shall be in accordance with
the City’s Procurement Policy and Guidelines and shall be in accordance with
appropriations in the City’s annual Budget or otherwise approved by City
Council.
2. The discretionary spend limit is raised to $10,000 from $5,000
3. The formal solicitation threshold is raised to $75,000 from $25,000
4. Signature approval levels shall consist of the following:
a. Department Designee: Up to $10,000
b. Department Director: Over $10,000 up to $75,000
c. City Manager: Over $75,000 up to $250,000
d. City Council: Over $250,000
5. The Procurement Policy and Guidelines shall be brought before City Council
for review every three to five years as determined by market conditions and
best practices
6. Resolution 30-2017 is hereby rescinded
7. This Resolution is effective upon adoption
DONE AND RESOLVED this 12th day of May 2025
[SEAL] Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk
ATTACHMENT 2
City of Wheat Ridge Vision, Mission & Ideals
Vision:
Wheat Ridge is a dynamic and welcoming community where collaboration with all people guides growth by embracing equity, innovation and tradition.
Mission:
Wheat Ridge cultivates opportunities to grow and generates resilience by embracing inclusive engagement, committing to resource stewardship, and valuing connectivity between people, places and businesses.
Ideals:
1. Wheat Ridge fosters a dynamic and welcoming community 2. Wheat Ridge values inclusive collaboration
3. Wheat Ridge guides growth with equity, innovation and tradition 4. Wheat Ridge embraces inclusive community engagement
5. Wheat Ridge commits to resource stewardship 6. Wheat Ridge values connectivity between people, places and businesses
7. Wheat Ridge seeks opportunities to grow 8. Wheat Ridge generates resilience
The following policy will be revised every three to five years according to the City Council’s direction. The Procurement team will routinely review the contents for modernization opportunities in addition to
remaining current with applicable laws.
Page 1
Table of Contents:
1. Legal Authority and Procurement Ethics
a. Home Rule Authority……………………………………………… 2
b. Public Procurement Ethics………………………………………. 2
c. State Statutes……………………………………………………… 3
2. Procurement Approach and Methodology
a. Procurement Structure……………………………………………. 3
i. Limits and Thresholds
ii. Records
b. Sourcing Options…………………………………………………… 8
i. Alternative Methods
c. Evaluations…………………………………………………………. 10
d. Awards………………………………………………………………. 10
e. Debriefs……………………………………………………………… 10
f. Cooperative Procurement Approach…………………………….. 11
g. Receiving Goods…………………………………………………… 11
h. Amendments ……………………………………………………….. 11
i. Agency Goals………………………………………………………. 12
3. IT-Specific Procurement
4. Construction
a. Bond Requirements…………………………………………………13
b. Liquidated Damages……………………………………………….. 14
c. Retainage Requirements………………………………………….. 14
d. Change Orders…………………………………………………….. 14
e. Progressive Encumbrances……………………………………….. 15
5. Other Procurement Services and Information
a. Surplus Property……………………………………………….…… 15
b. End of Year Carryovers……………………………………………. 16
c. Protest Procedures and Considerations…………………………. 17
d. P-Card……………………………………………………………….. 18
6. Acronyms and Definitions
7. Exhibits
Page 2
Section 1: Legal Authority and Procurement Ethics
a. Home Rule Authority
The City of Wheat Ridge’s primary function is to provide essential services to residents, which
requires the procurement of materials, supplies, equipment, and services. Procurement is a
significant part of the City’s budget, so it’s crucial to ensure cost savings and efficiency through
effective procurement practices. This can be achieved by applying strategic techniques,
balancing competing priorities, and optimizing processes.
State Statute ~ C.R.S. Title 31 grants home rule municipalities the authority to create their own
more stringent procurement and contract guidelines as appropriate for that municipality. This
allows the City to develop public procurement regulations and guidelines which must be
conducted with transparency and impartiality. As an established home rule City in the state of
Colorado, Wheat Ridge is subject to the rules and guidelines contained herein. The City also
follows the Colorado Procurement Code as it applies to Home Rule cities. A consistent and
standardized approach is essential to ensure the efficiency and effectiveness of the City’s
operations.
These procurement guidelines are designed to protect staff and elected officials from improper
and / or unethical conduct and ensure that all materials, supplies, equipment, services, and
construction are acquired properly. Adherence to these guidelines is critical for maintaining
integrity and compliance.
b. Public Procurement Ethics
In addition to the City’s ACTION values, the following attributes are valued in our public
procurement process:
Collaboration – Bringing together various stakeholders to provide a better experience for City
employees and ultimately our residents.
Ethics – Acting in a manner true to these values…essential to preserve the public’s trust.
Impartiality – Unbiased decision-making and action…essential to ensure fairness for the public
good.
Professionalism – Upholding high standards of job performance and ethical behavior…essential
to balance diverse public interests.
Service – Obligation to assist stakeholders…essential to support the public good.
Transparency – Easily accessible and understandable policies and processes…essential to
demonstrate responsible use of public funds.
The City has adopted the National Institute for Public Procurement (NIGP) and the Universal
Public Procurement Certification Council (UPPCC) Code of Ethics to further guide the
procurement process and ensure financial stewardship to the residents of Wheat Ridge. The
City also follows the State’s guidance as prescribed by R-24-101-107-01 Ethics. The following
statement applies to “all individuals who are involved in any aspect of the procurement process
within the state of Colorado, regardless of whether they are employed by the state, shall not:
Page 3
a. Engage in or give the appearance of unethical or compromising practice in
relationships, actions, and communications related to the procurement process.
b. Solicit or accept money, loans, credits, or prejudicial discounts, and avoid the
acceptance of gifts, entertainment, favors, or services from another party which
might influence, or appear to influence a procurement decision.
c. Offer money, loans, credits, prejudicial discounts, gifts, entertainment, favors, or
services with the intent to influence, or in such a manner that might influence, a
procurement decision.
d. Make material misrepresentations in any communications related to a
procurement proceed, including, but not limited to information presented in
proposals and bids.
Violation of this rule by an individual acting on behalf of the state may result in removal of the
individual from the procurement process and imposition of any applicable remedies. Violation of
this rule by a vendor or contractor may result in that vendor’s or contractor’s disqualification
from award of any contract that was impacted by the violation, the imposition of contractual
remedies under any contract, and/or remedies available in article 109 of the code.”
Conflicts of interest, actual, potential, or apparent should be avoided and / or mitigated.
The NIGP Code of Ethics is included as Exhibit 7a.
The UPPCC Code of Ethics is included as Exhibit 7b.
c. State Statutes
Statutes relating directly and indirectly to Procurement are scattered throughout the Colorado
Revised Statutes. General Procurement authority is provided in C.R.S. Title 24, Article 101-112,
which grants municipalities the power to enter into contracts and to acquire, hold, lease, and
dispose of property, both real and personal.
A municipality is also authorized by C.R.S. ~ 29-1-201, et seq., to cooperate and contract with
other governmental entities (including the state and federal governments and other political
subdivisions) to provide functions or services authorized to each of the cooperating or
contracting entities. These statues might be used to reduce costs through cooperative
purchasing.
Additionally, pursuant to C.R.S. ~ 24-110-1-1, -201, et seq., municipalities may reduce some
Procurement costs by participating in the state procurement program administered by the
Colorado Office of the State Controller within the Department of Personnel and Administration.
Section 2: Procurement Approach and Methodology
a. Procurement Structure
The City follows a combination of centralized and decentralized procurement practices.
Centralized procurement is defined as an organizational structure in which the rights, powers,
duties, and authority relating to procurement are vested in the chief procurement officer (CPO) /
procurement manager. While the CPO may delegate some of these powers to others, the final
authority resides with them. While decentralized procurement is defined as an organizational
Page 4
structure in which designated personnel/operating departments from within the organization
have the delegated authority to select the sources of supply and contract directly with suppliers
without consulting or receiving approval from the chief procurement officer (CPO)/ procurement
manager.
City Council: The Wheat Ridge City Council has authorized the City Manager to establish
procurement guidelines and regulations for all City personnel. City Council must provide
approval for all purchases $150,000 and over and appropriate all expenditures.
City Manager: The City Manager serves at the City’s Chief Executive Officer and is
responsible for the conduct of all City departments. In the absence of the City Manager, the
Deputy City Manager or other designee shall bare that responsibility. The City Manager and City
Council possess the sole authority for any deviation from the procurement guidelines set forth
herein. If improper procurement practices occur, the City Manager may invoke disciplinary
action(s) upon the individual, division and/or department. Disciplinary action may be in the form
of restricted procurement delegation, restitution, suspension, termination or any other form of
discipline deemed appropriate by the City Manager. The City Manager is responsible for signing
all contracts up to $250,000 and will sign City Council approved contracts over $250,000 once
approval is granted.
Deputy City Manager: The Deputy City Manager has the authority to hire a procurement
manager and other administrative department personnel. The Procurement and Contracting
Division works under the supervision of the Deputy City Manager.
Department Directors: The City Council and City Manager have delegated procurement
authority to Department Directors up to $75,000. Department directors are responsible for
ensuring that all personnel in their departments are knowledgeable of and fully understand
procurement guidelines and process. Department directors agree to work with their departments
to plan purchases to the extent possible to allow for increased transparency and competition
among the supplier community. Procurement authority may be further delegated within a
department at the discretion of the department director with the realization that the ultimate
authority lies with the director, and they are responsible for their employees’ conduct.
Procurement Manager: The procurement manager is responsible for the daily operations
conducted by the Procurement and Contracting Division. The procurement manager has the
actual authority and power to ensure compliance with the contents of this policy manual. It is
their responsibility to comply with the following:
a. To purchase or contract for all supplies and services required by any department,
division, or authority that derives its support wholly or in part from the City—all in
accordance with procurement guidelines contained herein—and such rules, regulations,
and procedures as the procurement manager may adopt for the internal management
and operation of the Procurement and Contracting Division, together with such other
rules and regulations as passed by the City Manager and/or City Council, City Code,
State or federal agency
b. The City’s centralized and decentralized combined procurement system. Competitive
quotation activities may be delegated to department directors or division
Page 5
managers/supervisors in accordance with the guidelines herein, provided the
documentation is submitted to the procurement system via completed intake form or
procurement requisition including supporting documentation demonstrating competition
was sought and providing product or service specifications. Purchases less than
$10,000 are considered discretionary. When possible, payments for discretionary
purchases shall be made using a City-issued (VISA) Procurement card (P-Card)
c. Administer, implement, and audit the City’s P-Card program with the assistance of the
Procurement Coordinator. The program allows for streamlined purchasing power for
items costing less than $10,000. P-Card Program audits include ensuring all
transactions are appropriate per this policy and that all required documents are
accounted for.
d. Securing the highest quality in supplies, equipment, and contractual services at the least
expense, from the most responsive and responsible bidder to obtain best value for the
City
e. Ensuring full and open competition as possible on all purchases and sales and hold all
delegated procurements to the same standard. Competitive quotations are strongly
recommended even for discretionary purchases under the $10,000 threshold
f. Remain informed on current developments in the field of procurement, pricing, market
conditions and new products. Division staff benefits from research done in the field of
procurement by other governmental jurisdictions, national technical societies, trade
associations having national recognition, and by private businesses and organizations,
and shares this knowledge when appropriate with internal stakeholders
g. Maintain and administer official City of Wheat Ridge forms and procurement templates
as necessary for compliance with these guidelines
h. Maintain the City’s software systems as they relate to the procurement process. The City
of Wheat Ridge Procurement and Contracting Division utilizes the OpenGov
Procurement Platform, to source vendors and post competitive solicitations
i. Whenever possible, seek to maximize the benefits and the possibilities of buying in bulk
to take full advantage of the economy of scale through quantity discounts
j. As a government entity, the City is entitled to certain tax exemptions. The Procurement
Division requests all tax exemptions to which the City is entitled. Not paying sales tax is
a standard exemption example; however, vendors are entitled to request information to
support the exemption.
k. The Procurement Division and the Finance Division share knowledge of projects,
agreements and purchase orders related to specific expenditures and revenue sources
(i.e. grants, IGA’s, MOU’s, etc.) to secure maximum efficiency in both procurement and
accounting processes
Page 6
l. Administer collection of surplus items, equipment, vehicles, etc. belonging to the City,
and coordinate pick-up for auction, or other method of disposal, in the best interest of the
City
m. As an added service, the Procurement Division coordinates with the Police Department
concerning disposal of unclaimed goods or evidence items. Municipal Code Sec. 19-80
establishes requirements for advertisement of evidence items prior to disposal
n. Determine whether to participate in, sponsor, conduct, or administer cooperative
procurement agreements with the State or one or more political subdivisions of the State
of Colorado, such as the Multiple Assembly of Procurement Officials (MAPO), and utilize
other cooperative procurement agreements so to best benefit the City
Department / Division Managers: Managers and Supervisors are granted procurement
authority by the City Manager through their respective Department Directors and have the
following responsibilities:
a. Their division expenditures and the resulting paperwork
b. Prompt attention to invoices and receipts ensures the City that bills will be paid in a
timely fashion—avoiding late charges—as well as the possibility of prompt payment
discounts. All discrepancies need to be reported promptly to procurement and
finance so any issues may be appropriately resolved
c. Any damage(s) or shortage(s) on received shipments should be noted on both the
freight receipt and the department copy of the receipt as well as communicated
promptly to the procurement team for resolution
d. Managers shall ensure that deliveries are carefully inspected and there is no damage
or shortages of merchandise – any issues need to be promptly reported to
procurement for resolution
Delegations to other City Officials: Notwithstanding the provisions of this section,
procurement authority with respect to certain supplies, services or construction may be
delegated to other City officials by the procurement manager, when such delegation is deemed
necessary.
Any department director, manager or authorized employee delegated the task to sample or test
equipment, uniforms, chemicals, etc., for the purpose of judging suitability or fitness in advance
of a purchase, shall notify the Procurement and Contracting Division upon receipt of goods to be
sampled. Their assessment of the goods will be promptly shared with the Procurement Division
via written communication.
Page 7
i. Procurement Limits and Thresholds
Procurement Thresholds Approval Authorizations Procurement Method Payment Methods
up to $10,000 Discretionary – Department designee may authorize.
Competitive quotes are encouraged, not required. No purchase requisition required, unless a PO is requested by vendor
Preferred payment method is by City P-card (VISA). *
Over $10,000 up to $75,000
Purchases over
$10,000 up to $75,000 require a department director’s approval.
Obtain three written quotes from
three different vendors for “apples-to-apples” comparisons. Document vendor choice with added explanation, if necessary. PO is required for purchases of $10,000 or more.
Paid via invoice, pay
application, or P-Card as appropriate. *
$75,000 and up City Manager may authorize purchases up to $250,000 via signature. City Council approval is required for purchases over $250,000.
Formal bid process is required,
PO and / or contract.
Paid via invoice or
pay application.
*P-Card payments are encouraged for any reoccurring charges like annual software purchases.
P-Card payments are encouraged for all purchases up to $10,000. Individual P-Card limits are
$10,000 per transaction and up to $20,000 per month. Temporary increases are allowed and
require Department Director approval via email. Department P-Cards have higher limits to allow
for software purchases and other large orders including furniture or emergencies.
ii. Records
Maintaining a record of Procurement activities and decisions is an important aspect of effective
procurement. Typical procurement records include: requisitions or intake forms – these may be
electronic or otherwise documented; quotes from competitive suppliers including price, sales
terms, dates and conditions; purchase orders; formal solicitation documents; supplier
performance evaluations; and general correspondence. These documents are useful in planning
future procurements, when monitoring historical use or price trends, predicting future needs,
and retaining information about suppliers, vendors and contractors.
Procurement records are considered public records after opening pursuant to the Colorado
Open Records Act (CORA). Any confidential, proprietary, or otherwise sensitive information
contained in or with any response must be clearly marked as such and is subject to potential
disclosure. If a request is made to release this information, notice must be provided to the
supplier so that they may object; however, objections must be covered by the exceptions to
CORA. The City Attorney will provide guidance as needed.
Procurement Records are maintained in OpenGov Procurement including, but not limited to:
• Procurement Records (as described above)
• Solicitation Evaluations and Matrices
• Executed Contracts
Page 8
• Certificates of Insurance
• Supplier Performance Feedback
• Contract Documents like Cure Notices, Milestone Information, etc.
• Change Orders
• Amendments
b. Sourcing Options
The City utilizes various procurement methods to achieve fair and open competition amongst
the supplier community to ensure the Wheat Ridge residents are receiving Best Value for their
tax dollars.
Procurements valued less than $10,000 do not require multiple quotes, bids, nor proposals,
however, they are encouraged. All procurements over $10,000 up to $75,000 require a minimum
of three quotes on supplier letterhead. Any procurement over $75,000 must be formally solicited
via the OpenGov Procurement platform. Below are the various procurement methods utilized by
the City:
Documented Quotes: (DQ) Informal procurement process that solicits pricing information
from multiple sources chosen by the enduser for the same or like-for-like specified products.
The City requires at three documented quotes, on a supplier letterhead or included in an email
from suppliers, for purchases valued over $10,000 but less than $75,000. These quotes become
part of the procurement file and are subject to CORA. DQs are awarded based on lowest
conforming price. If another option is determined to be Best Value to the City overall, a
justification statement must be submitted with the award recommendation.
Quick Quotes: (QQ) Informal procurement process that solicits pricing information from
multiple sources via the City’s e-procurement platform, OpenGov for the same products or
services. The City requires that these Quick Quote opportunities be published for a minimum of
three business days, and no longer than seven business days. This process may be used for
purchases up to $75,000. QQs are awarded based on lowest conforming price. If another option
is determined to be Best Value to the City overall, a justification statement must be submitted
with the award recommendation.
Request for Bid: (RFB) Formal procurement process that solicits pricing and other pertinent
information related to the specified items or services. Generally, this process is used to
standardize products or services that don’t require customization. RFBs are awarded based on
lowest conforming price. If another option is determined to be Best Value to the City overall, a
justification statement must be submitted with the award recommendation.
Request for Qualifications: (RFQ) Formal procurement process that asks potential
suppliers or consultants to share their experience and qualifications as they relate to the City’s
overarching request. RFQs are awarded based on the qualifications and past experience of the
respondents and pricing will be negotiated during the contract negotiation phase. Pricing may
be included as a factor for City-funded projects only, otherwise pricing should be withheld from
the submissions. These solicitations are recommended when the full scope of work is
undetermined or the services are expected to be provided on an as-needed or on-call basis.
Page 9
Request for Proposals: (RFP) Formal procurement process that asks potential suppliers
or consultants to provide a solution to a specific problem or issue the City is facing. That
solution should include a price and detailed timeline to address the problem or issue. RFPs are
awarded based on the perceived Best Value to the City and favorable pricing terms. These
solicitations are best for specific, complex issues that require specialized expert services.
Invitation to Bid: (IFB) Formal procurement process that solicits bids from contractors to
complete a construction project.
Procurement Bake-Off: Bake-Offs are most common in technology procurements,
however, other instances may also employ the technique, like snowplows or other equipment. A
Bake-Off refers to a competitive proof of concept where potential suppliers are asked to
demonstrate their proposed solution’s functionality and usability in real time. All suppliers are
invited to demonstrate their solution either on-site or in a virtual environment; all suppliers are
required to demonstrate a set of requirements for evaluation. Pricing is negotiated with the top-
rated supplier. If the negotiation is unsuccessful, then the next rated supplier will have an
opportunity to negotiate pricing.
The following procurement methods exist for extraordinary circumstances and should only be
used when absolutely necessary. Alternative sourcing methods include:
Emergency Procurement: Municipal Code and City Charter Chapter 6- Civil Disasters
and Emergencies provide guidance and authority for the Mayor to declare an emergency.
In addition to a civil emergency, when the function and operation of a department will be
seriously hampered or delayed through use of the normal requisitioning / procurement process,
a bona fide emergency purchase is allowed. Emergency Procurements may proceed without
following a typical procurement process. Efforts to obtain competition are recommended
whenever feasible. After the emergency is resolved, the situation will be documented including
any efforts made to secure competition. This documentation will be needed if disaster funds will
be sought.
Emergency purchase requests that arise from a failure to anticipate needs should be avoided,
and repeated requests for emergency purchases are subject to administrative review.
The City has procedures in place so that staff is able to respond to emergency situation. The
City maintains specific P-cards with higher limits that are set aside for use in case of an
emergency. All orders placed during an emergency should be documented and followed up with
a written PO as soon as possible.
Sole Source Procurement: Non-Competitive method of procurement used when only one
supplier possesses the unique ability or capability to meet the particular requirements, or only
one supplier is granted to supply a particular product or service as prescribed by the
manufacturer. In some cases, a Sole Source justification may be approved if seeking
competition would cause hardship to the City. Regardless of reason, a justification and approval
from the department director and procurement manager are needed to proceed with a Sole
Source award.
Page 10
Single Source Procurement: A procurement decision whereby purchases may be
directed to one source because of standardization, warranty, or other limiting factors, even
though other competitive sources may be available. As with a Sole Source, a justification and
approval from the department director and the procurement manager are required to proceed
with a Single Source Award.
c. Evaluations
The City always seeks to provide a fair and transparent evaluation process. Evaluation
committees are required to evaluate formal solicitations in which the award is not based on low
bid. At least three (3) City employees will evaluate the proposals and provide objective feedback
in addition to a score. Evaluations are based on the evaluation criteria listed in the solicitation
document. The evaluation criteria weights may be listed in the solicitation but are not required,
the issuing department will determine the weight of each criterion prior to the evaluation beginning.
Each member of the committee will have access to the solicitation, the responses, and the
evaluation matrix. Each individual is responsible for performing their own evaluation
independently from the rest of the committee. A reasonable timeline for evaluation will be given
to the members and the procurement team will schedule an evaluation meeting to discuss the
results once complete. At that time, it may be determined that another phase is needed, or an
award will be recommended based on the completed evaluations.
Prior to issuing the award, references may be consulted; this will be completed by the
procurement team or by the issuing department and proper documentation will be kept as part
of the procurement file.
While evaluation materials are subject CORA, we seek to protect the individuals’ identities by
issuing evaluator numbers to everyone on the committee. All committees are to remain
confidential until an award is made.
d. Awards
Awards are given to the supplier that offers the Best Value overall to the City. The City has a
standard template for notifying awarded and non-awarded suppliers of the solicitation outcome.
The letters are contained in the procurement SharePoint and can be shared as needed. The
Procurement Manager will send the notices out after the intent to award, ideally after a contract
has been routed for signature. As a best practice, we often include the bidtab and combined
evaluation sheets along with the awards information to help alleviate the need for a debrief
meeting and lessen CORA requests.
e. Debriefs
Many suppliers will request a debrief after an award is made in an effort to understand the
strengths and weaknesses contained in their submissions. A good debrief focuses on factual
information and not on a feeling – “the proposal lacked” or “information was missing” never “we
had heard from another agency that” or “we felt that.” Always deliver objective feedback to help
the supplier improve future submissions. When providing feedback to an awarded supplier,
focus on their strengths.
Page 11
f. Cooperative Procurement Approach
The City of Wheat Ridge encourages cooperation in solicitations and contracts whenever
practicable. Cooperative procurement is the action taken when two or more entities combine
requirements to obtain the advantages of purchases, including administrative savings and other
benefits. This is also referred to a joint procurement. These efforts may also result in
cooperative contracts which allow other entities to utilize the preceding process to contract with
the supplier under the same terms and conditions, also known as a “piggyback.” The City of
Wheat Ridge includes cooperative language in both solicitations and contracts which allow other
agencies to utilize our agreements without the need for a separate competitive procurement
process.
We have access to a large volume of cooperative contracts including, but not limited to:
• Colorado State Price Agreements
• NASPO ValuePoint
• MAPO Contracts
• CDOT Contracts
• Sourcewell
• OMNIA
• BuyBoard
• HGAC
• TIPS
Whenever a new consortium or cooperative opportunity arises, the procurement and contracts
team makes an effort to join on behalf of the City to allow our departments to utilize as many
cooperative agreements as is beneficial to the City.
g. Receiving Goods
As previously stated, when goods are received, it is the duty of the department manager /
supervisor to inspect the goods and report any issues to the procurement team immediately for
resolution. Damaged goods are not to be accepted and should be refused. The City assumes
ownership as soon as the goods are accepted from the delivery company / shipper. Please
note: warranty periods generally begin at time of acceptance.
h. Amendments
Occasionally, changes to active agreements are needed in order to complete an active project.
In these cases, an amendment is requested by the issuing department and the procurement
team will issue a formal amendment to the contract and will seek signatures as appropriate.
Signatures will be applied based on the financial impact of the amendment – following
thresholds as listed previously. Any changes in excess of 10% of the original will be considered
for re-solicitation. Amendments seek to make one or more of the following adjustments:
a. Statement of Work
b. Timeline
c. Compensation
Page 12
i. Agency Goals
The City works hard to ensure fair and open competition amongst all suppliers. Whenever
possible, local suppliers are sought as we want to see our community continue to thrive. It may
not always be feasible to award local suppliers, but the effort should be made.
The City also values sustainability and we encourage purchasing sustainable products and / or
services whenever practicable and beneficial to the City.
Section 3: Information Technology Procurement
All Information Technology (IT) related purchases must be vetted and approved by the IT
Manager or designee. The following exceptions have been made to help expedite service to the
City:
a. External mice and keyboards
b. Headphones and headsets
All other IT-related purchases must be approved in writing by the IT Manager, including,
but not limited to:
a. Software, regardless of annual cost
i. Any Cloud Service Purchases must also include a completed Cloud Services
Questionnaire for all evaluated systems. The questionnaire must be vetted
and approved by IT prior to the purchase being executed.
b. Web-based subscriptions
c. Computers, tablets, phones, mobile devices
d. Monitors and screens
These requirements exist to protect the City’s budget and more importantly the City’s IT security
at-large. By vetting these items appropriately, the City will have greater access to protections
against bad actors.
a. AI Policy
Vendors and Contractors hired by the City must disclose their use of AI and are accountable for
the same responsible use of AI as City staff. This includes verification of AI results and citation
including what data is used. Sensitive data may never be put into an AI.
Please refer to the City’s AI policy for more information.
Section 4: Construction Projects
As noted above, the City utilizes an Invitation to Bid process to solicit contractors to complete
construction projects where unit prices and / or a lump sum is bid by the contractor. Projects
may also be bid as design-build, design-bid- build, construction manager at risk (CMAR) or
Construction Management / General Contractor (CM/GC), or as an RFP. Construction projects
will follow the same procurement and approval thresholds as all other procurements.
Page 13
There are desired and specific requirements for formal construction bids, including (but not
limited to):
• Requiring a 5% bid bond
• Scope of Work (SOW)
• Period of performance (POP)
• Insurance
• Payment and Performance Bonds valued at 100% of the contract total
• Certifications and licenses – qualifications
• Retainage
o Retainage is capped at 5% of the total project and allows the City to pay any
subcontractors or fix any issues left unresolved by the prime contractor.
• References
Administration of the contract is the responsibility of the requesting department, project manager
or project coordinator, or another party, as assigned. The contract administrator accepts
responsibility for:
• Inspecting, accepting and recording contractor performance
• Communicating with contractors regarding the City’s requirements
• Evaluating contractor performance
• Notifying the procurement manager promptly of any disputes, failures to perform, or
other problems with contractors
• Documenting all activities of the contract and ensuring that copies of important
documents are retained and/or forwarded to the procurement team
• Processing payments and approving retainage amounts, and processing contract close-
out documents, including requests to advertise project acceptance
• Managing change order requests and authorizations (see below)
• Managing grant requirements
• Monitoring contractors for compliance with local, state and/or federal law
Procurement and Contracting Division’s responsibility includes:
• Maintain the City’s record file of the contract
• Review all requests for changes in delivery, price, or specifications
• Create purchase orders with contract administrator’s approval
• If necessary, resolve disputes with contractors
• Issue cure notices, demand letters, and contract default/termination notices to
contractors, if required
b. Bond Requirements
Bid Bonds require the awarded contractor to perform the work as described or pay a 5% fee to
the City if they decide they cannot perform after they have submitted their bid.
Beyond requiring a 5% bid bond, construction projects awarded at $100,000 or more may also
include a requirement for the vendor to provide a 100% performance bond and a 100% payment
bond. These bonds must be satisfactory to the City, executed by a surety company authorized
to do business in the state of Colorado or otherwise secured in a manner satisfactory to the City,
in an amount equal to 100% of the price and/or compensation specified in the contract. The
Page 14
performance bond provides protection for all persons supplying labor and material to the
contractor or its subcontractor for the performance of the work provided for in the contract.
Service contracts may also be subject to performance and payment bond requirements at the
discretion of the Department Director and Procurement Manager.
c. Liquidated Damages
Depending on the size of the project, the timeline allowed, and inconvenience to the City
liquidated damages may apply on construction projects. Liquidated damage amounts are
discretionary, and are not to be punitive, but should reflect damages and inconveniences (time,
labor and expenses) to the City if the work is not completed on time. For most construction
projects the City follows the Colorado Department of Transportation (CDOT) schedule of
liquidated damages (more fully described in bid documents), as follows if liquidated damages
are even applied.
Schedule of Liquidated Damages (LD)
Contract Amount Contract Amount
For More Than Up to and Including LD per Contract Day
$ 0 $ 150,000 $ 500
$ 150,000 $ 500,000 $ 1,000
$ 500,000 $ 1,000,000 $ 1,600
$ 1,000,000 $ 2,000,000 $ 2,300
$ 2,000,000 $ 4,000,000 $ 4,100
$ 4,000,000 $ 10,000,000 $ 5,800
$ 10,000,000 --- $ 7,000
d. Retainage Requirements
For any Construction Contracts valued over $150,000 a maximum of 5% retainage will be
withheld until after the final project acceptance has been advertised. The City must release the
remaining 5% within 60 days of the contract completion provided there have been no appeals
made against the Prime Contractor by any of the subcontractors.
e. Change Orders
The purpose of a change order is to recognize changes that may occur on jobs, resulting in
amendment to the project scope, timeline and/or cost. Change orders generally apply to active
construction projects and affect the Statement of Work as previously agreed upon. Change
orders which do not exceed 10% of the original total including contingency may be executed
without re-solicitation with the approval of the Project Manager, Department Director,
Procurement Manager, and the City Manager. Change orders that only affect the project
Page 15
timeline may be approved by the Project Manager and Department Director. Change orders
affecting the overall costs will follow the same authority thresholds contained herein.
Construction change orders which authorize an improvement under a construction contract may
be executed without competition when:
a. The improvement is required for the completion of an improvement that is
currently under construction pursuant to a competitive bidding or competitive
proposal process
b. The improvement results from the unforeseen physical conditions at the site of
the improvement under construction and is required for the completion of the
improvement under construction
c. A written finding has been made by the City Engineer, or designee, that it is in the
City’s best interest to negotiate with a specific (generally on-site) contractor for
the construction of the improvement(s)
f. Progressive Encumbrance
The City of Wheat Ridge manages several projects each year, with some of those spanning
multiple fiscal years. The Progressive Encumbrance policy provides an appropriate mechanism
for the City to implement, manage, and ultimately pay for major construction projects throughout
the City that span multiple years. The full policy is contained herein as Exhibit 7e. At the
discretion of the Finance Manager and Procurement Manager, a progressive encumbrance of
funds may be considered if the capital program or project meet all of these following criteria:
a. Major capital program or project funded by debt or other obligations that is anticipated to
span multiple fiscal years;
b. Not to Exceed costs can be determined and have been or will be negotiated for all work;
c. The deferred portion of the encumbrance for design or construction is estimated to be
$1M or greater;
d. The program or project has a sound, comprehensive financial plan to encompass the
entire contract value.
In order to gain approval, the following documents are required:
a. Project cashflow to highlight when funds are needed over the project timeline
b. Complete scope of work for the project including total costs or not to exceed costs
c. Progressive Encumbrance Justification - signed by the Project Manager, Finance
Manager, Procurement Manager, Department Director and the City Manager.
Section 6: Other Procurement Services and Information
a. Surplus Property and End of Life Disposal
The final step in the procurement process is disposal of an item or items when they are no
longer useful to the City. As needed, procurement will request surplus item lists from all City
departments. When the reports are received, transfer to other departments is encouraged prior
Page 16
to sending items to public auction. Some items may also be traded-in for new equipment, sale
or donation.
Many electronic items may be recycled as opposed to being sent to auction to control how these
items enter the waste stream at the end of their useful life. The IT Division has a process to
erase data from devices such as computers, laptops, smart phones, cell phones, etc. Data in
printer/copiers should also be erased prior to disposal, trade-in or return at the end of a lease.
The City also participates in a program which sends older, yet still operable IT items to an
organization that provides IT equipment to community members who may not otherwise be able
to obtain those items.
The terms and conditions associated with the City’s acceptance of state or federal grant funds
may also stipulate how an item or asset must be treated at the end of the grant, or the end of
the useful life of the item purchased with grant funds, and how any proceeds from a sale must
be handled. It is the disposing department’s responsibility to inform procurement of any grant
provisions that must be followed.
To avoid any appearances of impropriety in the disposition program, employees of the City may
not purchase items unless the sale is to the highest bidder at a public auction or by sealed bid
after appropriate public notification of the sale.
Additionally, there are specific procedures followed by the Police Department prior to
establishing evidence items as surplus property per Municipal Code Chapter 2, Article I, Sec 2-5
– Disposition of unclaimed property.
b. Grants
Grant funds are available from a number of sources (local, regional and federal) and are
identified for specific uses. With each funding source and grant program, there are allowances
and restrictions. These requirements are the responsibility of and must be administered by the
requesting department. In addition to the City’s standard processes and approval requirements,
tracking grant expenses, requesting reimbursement, tracking revenue, monitoring allowed costs,
advertising the bid correctly and working with qualified vendors are all important considerations
when using grant funds.
When grant funds are utilized, the City will follow the most stringent procurement guidelines.
Those guidelines may be the ones described herein, or if more restrictive, the grant
procurement guidelines will be followed. When the City accepts grant funds from any source,
the City also agrees to any audit requirements included as part of the grant.
Copies of all grant applications and grant award documents are to be provided to the
procurement division, prior to formal solicitation posting.
Other sources of funds may be received in the form of Intergovernmental Agreements; these too
require extra attention to the details of the agreement. Communication between all affected
departments is key to successful procurement, administration, payments and revenues, and to
project close-out.
c. End of Year Carryovers
Page 17
Procurement and Finance actively collaborate throughout the Fiscal Year and require active
participation of all departments to successfully close out each year. The first critical action is
getting invoices paid for all deliveries, and all work completed in the current fiscal year, January
1 – December 31. In this capacity the procurement and finance meet in October of each year to
establish appropriate dates which are shared with all departments in early November of each
year. The purpose of these meetings and designated dates is to facilitate proper accounting of
City funds. Money budgeted and expenses approved for a specific fiscal year must be
accounted for. In addition to the accounting work done by finance, and budgeting by all
departments, the City hires an independent auditing firm to review the handling of public funds,
and ensure public trust.
If necessary, a purchase order can be carried over to the next year. This is done when an item is
not delivered by January 31, or if a project is not completed by the same date. The open POs
that are to be carried over are listed and summarized, and if approved by Council in early to
mid-February of the following year, the total amount is added to the then-current budget as a
Supplemental Budget Appropriation and the vendor continues to work off the established PO
number. It is important that departments do not budget for an expense in the next year and also
carry over an existing encumbrance for the same expense. Properly projecting expenses and
revenues is an important function of the budget process.
Purchases and invoices that are not included as part of this process will trigger additional
scrutiny by the external auditors which can result in punitive measures against the City. It is
critical that finance and procurement are notified of any outstanding items no later than January
31 each year.
Carryover requests must be approved by the Department Director and the procurement
manager. If not carried over, and not spent, any remaining money in the budget will no longer be
available for spending.
Multi-year agreements, or those agreements issued with an option to renew for an additional
term(s), are not examples of purchases that are carried over from one year to the next; they
must be budgeted for each year.
d. Protest Procedures and Considerations
Any actual or prospective supplier, contractor or vendor who is aggrieved in connection with the
solicitation or award of a contract and/or purchase order regardless of funding source may
protest to the Procurement Manager. The protest must be submitted in writing to the
Procurement Manager within seven working days of the non-award notice or intent to award
posting, whichever is first.
The Procurement Manager has the authority to settle and resolve a protest of an aggrieved
bidder, contractor or vendor, actual or prospective, concerning a solicitation or award of a
contract. An affiliated department director, and/or the City Attorney may provide input to assist
with the determination. Bid protests must include the solicitation name and number. The
following conditions are grounds for protest, one or all must be present and documented for the
protest to be considered:
1. Violation of law, regulations or policy
2. Unfair evaluation or award process
Page 18
3. Undisclosed errors in solicitation affecting the outcome
4. Conflict of interest or unethical conduct
Bid protests must be signed by the person submitting the protest and include the preferred
remedy requested by protestor.
A written decision regarding the protest will be rendered within 14 working days after the protest
is filed. The written decision will contain a statement of the reason(s) for sustaining or denying
the bid protest. The following process will be followed for each protest:
1. The formal, written protest is received by the Procurement Manger.
2. Procurement Manager will notify the Deputy City Manager of the protest then review the
documentation and determine if other City representatives need to be involved including
the City Attorney and / or City Manager. Direct contact by the protesting party with the
City Manager or City Council violates the City’s protest policy. Those individuals will be
notified as deemed appropriate by the Deputy City Manager.
3. The procurement process will be paused until a determination has been rendered.
4. Written determination will be delivered to the protesting party within 14 working days of
the protest receipt.
5. Appeals must be filed within 5 working days to the Deputy City Manager with a copy sent
to the Procurement Manager. Appeals will be reviewed by the City Attorney and City
Manager. The final determination will be made within 14 working days or the appeal
receipt.
A protest will delay the contract award until after a final decision has been rendered.
e. Supplier Performance
It is the responsibility of each project lead to fill out the Vendor Performance Evaluation.
Additional documentation may be required as backup to any feedback provided in the
evaluation. These evaluations serve as a basis to award or not award those same vendors in
the future. The evaluation form is included in the procurement file and can be found within the
procurement module in OpenGov.
f. P-Cards
The City supports the use of procurement cards (P-Cards) due to the ease created by their use
and the rebate the City receives as part of the program. Employees are encouraged to use their
P-Cards to complete individual purchases valued at $10,000 or less with a monthly allowance
up to $20,000. For reoccurring costs, procurement recommends the use of the department P-
Cards which are managed by Directors or their designee to maintain revolving costs and avoid
the potential for late fees or a lapse in service due to employee turnover or other circumstance.
The P-Card Policy is included herein as Exhibit 7f.
Section 6: Acronyms and Definitions
Acronyms
A&E Architectural and Engineering
Page 19
ACTION City Values: Accountability, Change, Teamwork, Integrity, Opportunity, NOW!
BAFO Best and Final Offer
CORA Colorado Open Records Act, see FOIA
C.R.S. Colorado Revised Statute
DBE Disadvantaged Business Enterprise
EIN Employer Identification Number
MAPO Multiple Assembly of Procurement Officials (regional cooperative)
NASPO National Association of State Purchasing Officials
PO Purchase Order
PR Purchase Requisition
T&C Terms and Conditions
Definitions
A
Allowable Cost: a cost that is reasonable, allocable to the given cost objective, in accordance
with Generally Accepted Accounting Practices (GAAP) and Federal Cost Accounting Standards,
and if appropriate – grant awards, in accordance with the terms of the contract, and not
prohibited by law or regulation.
Alternate bid: 1. A substitute bid. 2. A bid submitted with an intentional substantive variation to
a basic provision, specification, term, or condition of the solicitation.
Award: 1. The final acceptance by an entity of a bid or proposal from an offeror. 2. The
presentation of a purchase agreement or contract to a supplier.
B
BAFO: A process requested from one proposer or short-listed proposers for their best price(s)
for a specific solicitation prior to determining a contract award. Sometimes used during the
Request for Proposals method of procurement.
Best Value: 1. A procurement method that emphasizes value over price. 2. An assessment of
the return that can be achieved over the useful life of the item, e.g., the best combination of
quality, service, time, price.
Blanket Purchase Order: a contract under which a contractor or vendor agrees to provide
goods or services to a purchaser on a demand basis; the contract generally establishes prices,
Page 20
terms, conditions, and the period covered, although no quantities are specified; shipments are
to be made when and as required by the purchaser.
Brand Name or Equal Specification: a specification using one or more manufacturers’ brand
names, with identifying model numbers, to describe the standards of quality, performance, and
other characteristics needed to meet the requirements of a solicitation, and which invites bids
for equivalent products from any manufacturer.
C
Common Law: 1. Law based on custom and usage, or confirmed by court decisions, rather
than law created by the enactment of legislative bodies. 2. The body of law created by court
decisions rendered by judges; also known as case law or judicial law. 3. Principles and rules by
which rights and obligations in commercial transactions are determined, found in the Uniform
Commercial Code (2) business law.
Competitive Range: The group of responsible proposers chosen for additional discussions and
negotiations based on an evaluation of their proposals, which are determined to be responsive
and have a reasonable chance of being selected for an award.
Conflict of Interest: A situation that gives a person, while acting in their official capacity, the
opportunity through actions or decisions to direct or influence an outcome for personal benefit.
Construction: The process of using labor to build, alter, repair, improve, or demolish any
structure, building, or public improvement; generally, does not apply to routine maintenance,
repair, or operation (MRO) of existing real property.
Contingency: a possible future event or condition, which cannot be determined with certainty,
that may necessitate special measures.
D
Damages: Compensation, usually a monetary judgment, awarded to one party in a contract
who suffers harm or loss that is the result of negligence or breach of contract on the part of
another party.
Designee: A duly authorized representative.
E
Equivalent: Items that correspond or are virtually identical, particularly in function or effect, and
are able to be used for the same purpose.
Extended Price: The price for the total number of items ordered, calculated by multiplying the
quantity ordered by the unit price.
F
Fair and Reasonable: A price that is fair to both contracting parties, considering the market
range for the good or service, agreed upon conditions, promised quality, and timeliness of
contract performance.
Page 21
Freight on Board (FOB): 1. Origin - vendor makes delivery at port of origin, and all
risk and costs from that point on are the purchaser’s, 2. Destination – vendor is responsible for all risk until shipper delivers to final destination and the receiving party signs for receipt and acceptance of the product.
G Grant: 1. A transfer of federal government funds to state or local governments to
support or stimulate programs authorized by federal or state laws in order to accomplish objectives that are locally defined and managed under a broad federal or state program. 2. The furnishing of assistance by a jurisdiction, whether financial or otherwise, to any person to support a program authorized by law; does not include an award whose primary purpose is to procure supplies, services, or construction. I Indemnity: Contractual mechanism where one party (the indemnitor) agrees to cover
losses or damages suffered by another party (the indemnitee) due to a specific event or circumstance. L Law of Agency: The Law of Agency states that an agent is someone who acts on behalf of a principal. It is a product of common law that focuses not only on the creation
of agent relationships, but also the liability for losses suffered by others who deal with agents. There are two ways to create an agency relationship: 1) by agreement between the principal and agent, and 2) by law.
N Non-Conformance: The failure of material or services to meet specified requirements for any characteristic or requirement. Non-responsible: 1. A contractor, business entity, or individual that responds to a solicitation but does not have the ability or capability to fully perform the solicitation’s requirements. 2. A business entity or individual who does not possess the integrity and
reliability to assure contractual performance. Non-responsive: A response to a solicitation that does not conform to the mandatory
or essential requirements contained in the solicitation. Q Qualified Bidder: A bidder determined by the purchasing organization to meet the minimum standards of business competence, reputation, financial ability, and product quality for placement on the bidders list. U Unallowable Cost: Expense incurred by the contractor that does not meet the authorized criteria under the contract terms.
Page 22
Section 7: Exhibits
7a. Institute for Public Procurement (NIGP) Code of Ethics
7b. Universal Public Procurement Certification Council (UPPCC)
Code of Ethics
7c. Progressive Encumbrance Policy
7d. P-Card Policy
Page 23
Exhibit 7a.
NIGP Code of Ethics
NIGP: The Institute for Public Procurement is a not-for-profit charitable association serving the
public procurement profession. The NIGP-CPP Certification Program certifies qualified
practitioners in the field of public procurement who have met the professional competency
standards established by the NIGP Certification Commission.
The NIGP-CPP Code of Ethics applies to those individuals seeking the NIGP-CPP certification
(candidates) and all individuals certified and recertified by the NIGP Certification Commission
(certificants). This Code of Ethics sets appropriate and enforceable professional conduct standards
and identifies the minimum ethical behavior requirements for NIGP Certified Procurement
Professional candidates and certificants.
The NIGP Certification Commission requires that all candidates and certificants attest to the
following ethical principles:
Keeps the governmental organization informed, through appropriate channels, on problems and
progress of applicable operations by emphasizing the importance of the facts.
Subscribes to and supports the professional aims and objectives of NIGP - The Institute for Public
Procurement.
Ethical principles related to public procurement practice:
1. I will seek or accept a position only when fully in accord with the professional principles
applicable thereto and when confident of possessing the qualifications necessary to serve
under those principles to the advantage of my employing organization.
2. I will guide my actions in all professional matters and activities by the highest standards of
integrity and honesty; and will act professionally in all matters for each client or employer or
agency.
3. I believe in the dignity and worth of public service rendered by my organization, and the
societal responsibilities necessary to produce results for the community I serve as a trusted
public servant.
4. I am governed by the highest ideals of honor and integrity in all public and personal
relationships in order to merit the respect and inspire the confidence of the organization
and the public being served.
5. I believe that personal aggrandizement or personal profit obtained through misuse of public
or personal relationships is dishonest and not tolerable.
6. I will identify and eliminate participation in operational situations where a conflict of
interest may be involved.
7. I believe that public procurement professionals should at no time, or under any
circumstances, accept directly or indirectly, gifts, gratuities, or other things of value from
suppliers, which might influence or appear to influence purchasing decisions.
Page 24
8. I will resist encroachment on control of personnel to preserve integrity as a professional
manager.
9. I will address all personnel matters under my authority on a merit basis, and in compliance
with applicable laws prohibiting discrimination on the basis of religious and political beliefs,
skillsets, abilities, perspectives, background experiences, gender, age, race, ethnicity,
education, socioeconomic background, sexual orientation, and geographic location.
10. I will not seek or dispense personal favors and will handle each administrative challenge
objectively and empathetically, without discrimination.
11. I subscribe to and support the professional aims and objectives of NIGP - The Institute for
Public Procurement.
12. I will fully comply with the certification requirements including policies, procedures,
guidelines, and schemes established by the NIGP Certification Commission as modified
from time to time.
13. I will provide accurate, complete, and truthful representations concerning all certification
and recertification documentation and pledge to provide additional documentation
required by the Commission as requested during the assessment of my applications.
Further, I understand that any falsification or misrepresentation of these documents will
result in the termination of my application.
14. I will maintain the security of all NIGP-CPP examination information and materials and will
not disclose any exam content to include exam questions. I will not participate in fraudulent
test taking practices. Further, I will report the unauthorized distribution of exam questions
or any fraudulent exam-taking practices.
15. I will honor the use of the designation as authorized and only in the approved matter.
16. I will not use the certification in such a manner as to cause disrepute.
17. I will not use the certification in a misleading manner.
18. I will not make misleading or unauthorized statements about the certification.
19. If my designation lapses, or is suspended or withdrawn by the Commission for any reason, I
will discontinue the use of the NIGP-CPP trademark, will remove the credential from any
documents bearing my name and credentials, and return the certificate issued by the
Commission until such time as my designation is restored.
20. I will voluntarily and immediately report to the Commission any felony convictions or other
legal disposition that would constitute violations of this Code of Ethics that have not
already been disclosed, regardless of when they occurred, and report any conditions that
prohibit fulfillment of duties as set forth in the competency requirements.
21. I will accept responsibility for maintaining the NIGP-CPP designation through
recertification, as applicable, and for adhering to the NIGP-CPP Code of Ethics.
Page 25
Exhibit 7b.
UPPCC Code of Ethics
All applicants and certified professionals shall subscribe to and be bound by
the following Code of Ethics & Professional Conduct.
• I shall only seek or accept a position of employment when fully in accord with the professional
principles applicable thereto, and when confident of possessing the qualifications to serve under
those principles to the advantage of my employer.
• I shall endeavor to keep myself knowledgeable and current on the practices and issues related to
my profession.
• I shall conduct myself in a professional manner that reflects the dignity and worth of the services
rendered by my employment and the societal responsibilities assumed as a trusted public servant.
• I shall be governed by the highest ideals of honor and integrity in all public and personal
relationships in order to merit the respect and inspire the confidence of my employer and the public
served.
• I shall neither seek nor accept any form of personal aggrandizement or profit through misuse of
public or personal relationships.
• I shall identify and eliminate participation of any individual in operational situations where a
conflict of interest may be involved.
• I shall not at any time or under any circumstances accept directly or indirectly, gifts, gratuities or other
things of value from suppliers, which might influence or appear to influence the performance of my
professional duties.
• I shall keep my governmental organization informed, through appropriate channels, on problems
and progress of applicable operations by emphasizing the importance of the facts.
• I shall handle all personnel matters on a merit basis.
• I shall neither seek or dispense personal favors that are in conflict with my professional duties.
• I shall handle each administrative problem objectively and empathetically without discrimination.
• I shall subscribe to and support the professional aims and objectives of the Universal Public
Procurement Certification Council.
Prohibited Acts
Individuals currently certified by the UPPCC, certified in a retired status or
applying for UPPCC certification may be subject to review and appropriate
action including revocation or denial of certification for conduct detrimental to
the dignity and respect for their position, including, but not limited to, the
commission of any of the following Prohibited Acts:
• A material misstatement or misrepresentation or fraud on application materials for
certification or recertification.
• Willful violation of examination procedures, confidentiality or security.
• Failure to report or concealing knowledge of potentially illegal activity by any staff, volunteer or
Page 26
vendor related to his or her job or professional activities.
• Failure to pay certification or recertification fees in a timely manner.
• Misrepresentation or improper use of the CPPO, the CPPB or any other professional credential.
• Conviction for or entry of a plea of nolo contendere to any crime involving an individual’s professional practice in the field of public procurement including but not limited to matters of conduct related to his or her employment and/or conduct related to professional associations and other professional activities.
• Failure to comply with the Code of Ethics & Professional Conduct provisions listed above or
other behavior that may bring discredit to the profession.
Policies & Procedures
All candidates for certification and persons currently certified by the UPPCC
must comply with the UPPCC Code of Ethics & Professional Conduct. The
UPPCC Code of Ethics & Professional Conduct is the basis for the UPPCC
Disciplinary Policy.
For the purpose of UPPCC policy and procedures for addressing
complaints against candidates enrolled in UPPCC certification programs
who are either a current applicant, a certified professional, a certified
professional with retired status or an individual who is representing him
or herself as having a current certification (hereafter “Respondent”). Any
individual may file a written complaint against a Respondent. The written
complaint must include the date, stated complaint, relevant supporting
materials, and the complainant’s phone number and email address. The
complaint should be addressed to the UPPCC Executive Director. The
complaint shall be reviewed by the UPPCC Executive Director to ascertain
if the criteria for acceptance of a complaint are met. The acceptance criteria
are as follows:
• Complainant must have personal knowledge of the alleged violation or misbehavior or must
be in a position to supply relevant reliable evidence of the violation.
• Complainant must demonstrate by documentation and factual evidence that the
complaint involves an issue or issues directly related to one or more items of the UPPCC
Code of Ethics and Professional Conduct. Matters of a personal nature or matters not
related to the UPPCC Code of Ethics & Professional Conduct will not be considered.
• In order for the complaint to be processed, the UPPCC records must show the
named Respondent is, at the time of filing, an applicant, a certified professional, a certified
professional with retired status or an individual who is representing him or herself as
having a current certification.
Page 27
Exhibit 7c.
Wheat Ridge Progressive Encumbrance Policy
POLICY City of Wheat Ridge manages several projects each year, with some of those spanning multiple fiscal years. This policy provides an appropriate mechanism for the City to implement, manage, and ultimately pay for major construction projects throughout the
City that span multiple years.
A. Process 1. Prior to execution of the contract, the Project Manager will request approval from
the Finance Manager, Procurement Manager and the Director of Public Works to
utilize the Progressive Encumbrance of Funds Policy (the policy”) for a multi-year
construction project.
2. The Project Manager will complete an Authorization for Use of Progressive
Encumbrance Form (“Progressive Encumbrance Form”) and send to the Finance
Manager, Procurement Manager and Department Director for approval. In
addition to the Progressive Encumbrance Justification, Project Manager will
submit a financial plan for review.
3. Once approved, the Project Manager will work with Procurement to ensure the
contract captures the progressive encumbrance per the “Contract Modifications”
listed below.
B. Project Eligibility At the discretion of the Finance Manager and Procurement Manager, a progressive encumbrance of funds may be considered if the capital program or project meet all of these following criteria:
1. Major capital program or project funded by debt or other obligations that is
anticipated to span multiple fiscal years;
2. Not to Exceed costs can be determined and have been or will be negotiated for
all work;
3. The deferred portion of the encumbrance for design or construction is estimated
to be $1M or greater;
4. The program or project has a sound, comprehensive financial plan to encompass
the entire contract value.
C. Required Documentation In order to gain approval, the following documents are required:
1. Project cashflow to highlight when funds are needed over the project timeline
Page 28
2. Complete scope of work for the project including total costs or not to exceed
costs
3. Progressive Encumbrance Justification - signed by the Project Manager, Finance
Manager, Procurement Manager, Department Director and the City Manager.
In the event additional encumbrances are required due to changes in scope, etc. all of
the following must be met:
1. New funding becoming available (e.g. new bond issuance, funding provided by
another entity via IGA or other contract vehicle.)
2. Project moving to another phase (e.g. from design to construction phases or
completing other major milestones.)
3. Change Order increasing the budget and project costs above the previously
approved amount.
a. An additional Progressive Encumbrance Justification is required for each
additional encumbrance
b. Progressive Encumbrance Justification must specify amount being added
as well as the new total not to exceed
c. Approvals are required
E. Contract Modifications Any agreement which intends to utilize a progressive encumbrance must also include
the following provisions;
a. Appropriation and Encumbrance. Notwithstanding any other term, provision, or condition herein, all payment obligations under this Contract shall be limited to the funds appropriated or otherwise made available by the
Wheat Ridge City Council, paid into the appropriate fund and encumbered for
this contract. As of the date of this Contract, xx Dollars ($XXX.XX) have been appropriated for this Contract. The Project Manager will notify Contractor when additional funds are appropriated and encumbered for this Contract by providing Contractor with a fully executed Progressive Encumbrance Form –
attached as Exhibit A. The Progressive Encumbrance Form is only valid when
signed by the Project Manager, Department Director, Finance Manager and Procurement Manager or designee. Any work performed, or costs incurred, by Contractor exceeding the total amount appropriated and encumbered for this Contract as stated or increased by a subsequent fully executed
Progressive Encumbrance Justification is done without authorization and at
Contractor’s sole risk. b. The issuance of any form of order or directive by the City which would cause the aggregate amount payable to the Contractor to exceed the amount appropriated and encumbered for the Work to be performed in accordance
with the Contract Documents is expressly prohibited. In no event shall the
issuance of any change order or other form of order or directive by the City be considered valid or binding if it requires additional compensable Work to be
Page 29
performed, which Work will cause the aggregate amount payable for such Work to exceed the amount appropriated and encumbered for the Work, unless and until such time as the Contractor has been advised in writing by a
fully executed Progressive Encumbrance Form that an appropriation and
encumbrance sufficient to cover the entire cost of such additional Work has been made. It shall be the responsibility of the Contractor to verify that the amounts already appropriated and encumbered for the Work are sufficient to cover the entire cost of such Work, and any Work undertaken or performed in
excess of the amount appropriated and encumbered is undertaken or
performed in violation of the terms of this Agreement, without the proper authorization for such Work, and at the Contractor’s own risk and sole expense.
Page 30
Exhibit 7d.
Wheat Ridge P-Card Policy and Guidelines
PURPOSE
Employees support the City of Wheat Ridge by procuring goods and services with the flexibility and
convenience of a procurement card (P-Card). As such, it is important to establish a clearly defined
policy for the City’s expectations of staff when utilizing this resource.
1. Eligibility
In general, an employee who has successfully completed their probationary review period is
eligible for a city-issued P-Card. If it would be in the best interest of the department based on an
employee’s role, a supervisor may authorize a procurement card prior to an employee completing
probation. Volunteers and variable employees are ineligible for a P-Card.
2. Process
Prior to issuance of a P-Card, the supervisor will review this Administrative Guideline with the
employee and provide the employee an Employee Agreement. The Agreement must be signed by
both supervisor and employee and given to the P-Card administrator. The P-Card administrator will
order the P-Card and provide procurement card resources and training prior to an employee’s first
purchase.
3. Employee Training
Employees will receive training when a P-Card is initially issued to ensure they understand the
proper usage, policies, and responsibilities associated with the card. Additionally, annual refresher
training will be conducted to keep employees updated on any changes to the P-Card policy and to
reinforce best practices. In cases where an employee violates the Employee Agreement, targeted
training will be provided to address the specific issues and prevent future occurrences. This
ongoing training program is designed to maintain a high standard of compliance and accountability
in the use of P-Cards.
4. Limits
a. Employees are eligible for a $20,000 billing cycle limit, with a one-time purchase limit of
$10,000.
b. Department cards are eligible for a $150,000 billing cycle limit, with a one-time
purchase limit of $75,000. Department cards are not allowed off City property.
c. A Director, at their discretion, may authorize a credit limit increase exceeding standard
limits for specific transactions not exceeding $75,000, unless the City Manager or City
Council approval is granted. All requests will need to be made to the P-Card
administrator in writing.
Page 31
d. All transaction approvals are subject to the City’s signature authority. E.g. Transactions
over $10,000 need to be approved by a director.
5. Purchases Above $10,000
A single purchase for goods or services greater than $10,000 requires at least three documented
quotes obtained by the employee. The director shall verify that multiple quotes were obtained, and
the best value was selected for the City. Copies of the documented quotes need to be uploaded
with the transaction’s receipt during the reconciliation process and must be made available upon
request. This ensures transparency and accountability in the procurement process, providing
verifiable proof of competitive pricing and decision-making. These quotes must be retained for
seven (7) years per the City’s Records Retention Policy.
6. Prohibited Purchases
No P-Card transactions are allowed if there is no available budget in the general ledger (GL). An
employee who makes a prohibited purchase, such as an item for personal use outside of their job
function, is responsible for repaying the City in full for the item that was purchased in accordance
with number 8 of this guideline.
Prohibited purchase examples include, but are not limited to:
a. Personal items not related to work.
b. Cash advances from ATM.
c. Entertainment (unless approved by supervisor)
d. Medical expenses (unless approved by supervisor)
e. Alcohol
f. Tobacco or marijuana products
g. Gambling
h. Splitting purchases (a singular purchase exceeding the employee’s purchasing
threshold divided into multiple transactions)
7. Tax Exempt Status
The City of Wheat Ridge is a tax-exempt municipality. The City’s tax exemption is printed on the face
of the P-Card. If sales tax has been applied to a purchase, it is the employee’s obligation to contact
the vendor and obtain a refund for the sales tax. If an employee has failed to obtain a sales tax
refund, the employee may be liable for repayment of sales tax in addition to refresher training.
8. Repayment
In the event of unauthorized or prohibited purchases, the employee must repay the City within two
weeks of the transaction date. If repayment does not occur within this timeframe, the amount due
will be deducted from the employee's payroll on the next payroll date following the two-week
period. This ensures timely resolution of any outstanding balances and maintains the integrity of
the
Page 32
City's financial practices. Failure to comply with this repayment policy may result in further
disciplinary action.
9. Local Business and Gratuity
Employees are encouraged to support local businesses within the City of Wheat Ridge whenever
possible. In addition, City staff is encouraged to tip 20 - 25% gratuity for meals.
10. Business Travel
Employees are encouraged to use their P-Card when traveling on behalf of the City for travel and
accommodation, specifically meaning flights, lodging, and travel logistics. The P-Card is not to be
used for meals and incidentals when traveling. The employee should instead make a per diem
request prior to or a�er travel, consistent with Administrative Guideline No. 2 regarding travel and
payment of expenses while conducting City business. Receipts are not required for meals when a
per diem is used for travel. The City procurement card may not be used for any travel and
accommodation for non-City employees (e.g., employees' family members or significant others).
11. Receipts
The employee is responsible for providing all receipts for purchases made with the procurement
card when submitting their monthly transaction reconciliation. If a receipt lacks description of the
goods and services rendered, the employee should itemize the transaction for their approver. The
supervisor or director is responsible for verifying proper supporting documentation prior to
approving the monthly transaction reconciliation. If a receipt is lost, damaged, or unavailable; the
employee must complete a Missing Receipt Form for purchases greater than $25.
12. De Minimis
Employees shall be responsible for maintaining receipts for purchases greater than $25. Receipts
for purchases under that threshold are not required, such as for parking or sundry expenses.
13. Lost or Stolen Cards and Employee Separation
If a card is lost or stolen, the employee is responsible for notifying their supervisor and P-Card
administrator immediately. Additionally, suspicious activity or unrecognized charges on a P-Card
should be reported to a supervisor and P-Card administrator without delay.
When an employee with a P-Card is separated from the City, the supervisor of the employee shall
notify the P-Card administrator and obtain the P-Card prior to the employee’s date of separation.
The P-Card administrator will then be sent the card to deactivate the day after the employee's day
of separation and ensure the card is destroyed. The employee should notify their supervisor of any
pending transactions or autopayments associated with that card. This combined approach ensures
that all P-Cards are properly managed and secured, reducing the risk of unauthorized use.
14. Employee Accountability
Employees are expected to follow the Purchasing and Accounts Payable Calendar of Deadlines.
Failure to meet the P-Card deadline will result in the revocation of the P-Card. When requesting
personal time off, the P-Card holder is responsible for ensuring the P-Card deadlines are still met.
Page 33
Misuse, abuse, or fraudulent use of the P-Card will result in revocation of the card, and appropriate
disciplinary action will be taken, up to and including termination of employment. The City manager,
director, or P-Card administrator reserve the right to revoke an employee’s P-Card at any time for
violation of this policy. The City may pursue legal ac�on to recover damages as a result of
fraudulent actions by employees.
15. Sharing P-Card Information
Due to security concerns, the transmission of P-Card data via email is strictly prohibited. Email is
not a secure method for sharing sensitive information, and transmitting card details in this manner
can expose the City and its employees to significant security risks, including fraud and
unauthorized transactions. Additionally, sharing P-Card information via email is a viola�on of our
agreement with our P-Card provider. Employees must use secure methods to share P-Card details,
such as encrypted messaging platforms, direct in-person communication, secure card-reading
technology, phone calls (to a person, not leaving messages), or online forms for processing
transactions. When using phone calls, employees must ensure they receive a receipt before the
call is complete to verify that the charge was processed immediately and not at a later time. Any
breach of this policy will result in disciplinary action, up to and including revocation of the
procurement card and potential termination of employment.
16. Online Purchases
Employees must use secure websites for online purchases and ensure vendor legitimacy. Secure
websites typically have URLs that begin with "https://" and display a padlock icon in the address
bar. This indicates that the site uses encryption to protect sensitive information. Employees should
verify these security features before making any online transactions to safeguard the City's financial
information.
17. Billing and Shipping Addresses
All purchases made with a P-Card must use the billing address of City Hall, which is 7500 W. 29th
Ave. Wheat Ridge, CO 80033. Using the correct billing address is essential, as failing to do so may
result in charges being rejected or flagged for fraud. Additionally, all items purchased with a P-Card
must be shipped to a city-owned address unless prior approval is obtained from a supervisor for an
alternative shipping location. Adhering to these address requirements helps ensure the security
and legitimacy of transactions and supports efficient management of City resources.
18. Technology Purchases
Technical products such as wireless keyboards and mice, headphones, and headsets may be
purchased at the buyer’s discretion, assuming they have the budget to pay for those products.
However, a P-Card may not be used to purchase significant hardware (e.g., mobile devices, laptops,
monitors, desktops) or software (e.g., Software as a Service (SaaS) subscriptions, software
applications) without consulting with the IT Manager. This consultation is particularly important
when these purchases are made in lieu of the IT Budget Request process to ensure alignment with
the City's technology strategy, maintain compatibility, and uphold security standards across the
City's technology infrastructure.
Page 34
19. Review & Approval Process
Monthly audits of P-Card transactions will be conducted by the P-Card administrator to ensure
compliance with this policy. Card holders and Supervisors will receive training on how to review and
approve P-Card transactions effectively.
20. Technology Integration
Employees are encouraged to make digital copies of receipts as soon as possible for use with
online reconciliation tools. The reconciliation process is now solely digital, facilitating efficient and
accurate record-keeping. This practice ensures that records are readily available for review and
auditing. Additionally, automated alerts will be implemented for suspicious transactions or when
limits are approached. P-Card holders are also advised to set alerts for when transactions have
been posted, providing an additional layer of oversight and timely awareness of account activity.
21. Feedback Mechanism
Employees may suggest improvements to the P-Card policy and program based on their
experiences and challenges by providing feedback through established channels. P-card program
administrator will provide all cardholders with the method to provide feedback.
22. Regular Policy Reviews
This P-card policy will be reviewed regularly to adapt to changing needs and technological
advancements.
ITEM NUMBER: 9
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION 30-2025
TITLE: A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE
CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION FOR THE IMPROVE WADSWORTH PROJECT
☐PUBLIC HEARING
☐BIDS/MOTIONS
☒RESOLUTIONS
☐ORDINANCES FOR 1st READING
☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The original completion date for the Improve Wadsworth Project was established in the
original contract between the city and the Colorado Department of Transportation (CDOT)
as October 25, 2025. Construction is currently on-going with substantial completion expected by the end of 2025. Final completion is expected in the spring of 2026. As the
project will not be complete by the contract date, it is necessary to extend the contract
completion date to October 25, 2030 to ensure that adequate time is provided for project
closeout.
PRIOR ACTION:
The City Council approved the original contract with CDOT on October 12, 2015. Three
subsequent amendments to the original contract, all related to additional project
funding, have been approved since that time.
FINANCIAL IMPACT:
There is no financial impact as a result of this action.
BACKGROUND:
The city entered into a contract with CDOT in October 2015 which established
responsibilities for design and construction as well as funding for the Improve Wadsworth
Project with a completion date of October 25, 2025. Since that time, the city has completed
environmental analysis and design, acquired the necessary land to construct the project, and issued a contract for construction. Construction is currently on-going with substantial
Council Action Form – Improve Wadsworth Project Contract Amendment #4
May 12, 2025
Page 2
completion expected by the end of 2025. Final completion is expected in the spring of
2026. Then, project closeout and completion will occur. Therefore, it is necessary to
extend the completion date by amending the contract. An additional five-year period was selected to ensure that adequate time is provided for project closeout.
RECOMMENDATIONS:
Staff recommends approval of the contract amendment. RECOMMENDED MOTION:
“I move to approve Resolution No. 30-2025, a resolution approving Amendment No. 4 to the contract with the Colorado Department of Transportation for the Improve Wadsworth
Project.”
Or,
“I move to postpone indefinitely Resolution No. 30-2025, a resolution approving
Amendment No. 4 to the contract with the Colorado Department of Transportation for the
Improve Wadsworth Project for the following reasons.” REPORT PREPARED/REVIEWED BY:
Maria D’Andrea, Director of Public Works
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution No. 30-2025
2. Contract Amendment Number 4, Contract NHPP 1211-086 (21006)
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 30
SERIES OF 2025
TITLE: A RESOLUTION APPROVING AMENDMENT NO. 4 TO THE
CONTRACT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION FOR THE IMPROVE WADSWORTH PROJECT
WHEREAS, the City Council wishes to provide for the improvement of Wadsworth Boulevard from 35th Avenue to Interstate 70; and
WHEREAS, the city was awarded a federal transportation grant in 2015 by the
Denver Regional Council of Governments (DRCOG) to improve Wadsworth Boulevard
between 35th and 48th Avenues; and
WHEREAS, the city approved an Agreement on October 26, 2015, with the Colorado Department of Transportation (CDOT), DRCOG’s funding steward, for the original funding of the Project; and
WHEREAS, the City was allocated additional funds resulting in three amendments
to the original agreement; and
WHEREAS, the city has negotiated Amendment No. 4 to the amended Agreement with CDOT to extend the completion date from October 25, 2025, to October 25, 2030.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO THAT:
Section 1. Amendment Approved. Amendment No. 4 between the City and the
Colorado Department of Transportation for Project No. NHPP 1211-086, SA 21006: Wadsworth Boulevard Widening from 35th Avenue to Interstate 70, is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same.
DONE AND RESOLVED this 12th day of May 2025ATTACHMENT 1
[SEAL]
ATTEST:
Margy Greer, Sr. Deputy City Clerk
Bud Starker, Mayor
PO #: 400001537 Routing #: 22-HA1-ZM-00032-M0007 Additional PO Reference: 471000792
Document Builder Generated Rev. 12/09/2016 Page 1 of 2
STATE OF COLORADO AMENDMENT
Amendment #: 4 Project #: NHPP 1211-086 (21006) SIGNATURE AND COVER PAGE
State Agency Department of Transportation Amendment Routing Number 22-HA1-ZM-00032-M0007
Local Agency CITY OF WHEAT RIDGE Original Agreement Routing Number 16-HA1-ZH-00035
Agreement Maximum Amount $58,320,000.00 Agreement Performance Beginning Date October 26, 2015
Agreement Expiration Date October 25, 2030
THE PARTIES HERETO HAVE EXECUTED THIS AMENDMENT
Each person signing this Amendment represents and warrants that he or she is duly authorized to execute this Amendment and to bind the Party authorizing his or her signature.
STATE OF COLORADO Jared S. Polis, Governor Department of Transportation Shoshana M. Lew, Executive Director
___________________________________________ Keith Stefanik, P.E., Chief Engineer
Date: _________________________
In accordance with §24-30-202 C.R.S., this Amendment is not valid until signed and dated below by the State Controller or an authorized delegate.
STATE CONTROLLER Robert Jaros, CPA, MBA, JD
By:___________________________________________ Department of Transportation
Amendment Effective Date:_____________________
LOCAL AGENCY City of Wheat Ridge
By:_______________________________________________*Signature
Name:______________________________________________ (Print Name)
Title:_______________________________________________ (Print Title)
Date:____________________________________________
SECOND LOCAL AGENCY SIGNATURE,IF NEEDEDCity of Wheat Ridge
By:________________________________________________*Signature
Name:______________________________________________ (Print Name)
Title:_______________________________________________ (Print Title)
Date:____________________________________________
ATTACHMENT 2
PO #: 400001537 Routing #: 22-HA1-ZM-00032-M0007 Additional PO Reference: 471000792
Document Builder Generated Rev. 12/09/2016 Page 2 of 2
1) PARTIES
This Amendment (the “Amendment”) to the Original Agreement shown on the Signature and Cover Page for this Amendment (the “Agreement”) is entered into by and between the Local Agency and the State.
2) TERMINOLOGY Except as specifically modified by this Amendment, all terms used in this Amendment that are defined in the
Agreement shall be construed and interpreted in accordance with the Agreement.
3) EFFECTIVE DATE AND ENFORCEABILITY
A. Amendment Effective Date This Amendment shall not be valid or enforceable until the Amendment Effective Date shown on the Signature
and Cover Page for this Amendment. The State shall not be bound by any provision of this Amendment before that Amendment Effective Date, and shall have no obligation to pay the Local Agency for any Work performed
or expense incurred under this Amendment either before or after the Amendment term shown in §3.B of this Amendment
B. Amendment Term The Parties’ respective performances under this Amendment and the changes to the Agreement contained herein
shall commence on the Amendment Effective Date shown on the Signature and Cover Page for this Amendment and shall terminate on the termination of the Agreement.
4) PURPOSE The parties entered into the Agreement for the Wadsworth Blvd Widening: 35th Ave to 48th Ave project. Now
the parties agree to update the Agreement Expiration Date to October 25, 2030.
5) MODIFICATIONS
Update the Agreement Expiration Date from October 25, 2025 to October 25, 2030.
6) LIMITS OF EFFECT
This Amendment is incorporated by reference into the Agreement, and the Agreement and all prior amendments or other modifications to the Agreement, if any, remain in full force and effect except as specifically modified
in this Amendment. Except for the Special Provisions contained in the Agreement, in the event of any conflict, inconsistency, variance, or contradiction between the provisions of this Amendment and any of the provisions of the Agreement or any prior modification to the Agreement, the provisions of this Amendment shall in all respects supersede, govern, and control. The provisions of this Amendment shall only supersede, govern, and control over the Special Provisions contained in the Agreement to the extent that this Amendment specifically modifies those Special Provisions.
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK
ITEM NUMBER: 10
DATE: May 12, 2025
REQUEST FOR CITY COUNCIL ACTION
RESOLUTION 31-2025
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN JEFFERSON COUNTY R-1 SCHOOL
DISTRICT AND THE CITY OF WHEAT RIDGE FOR THE
SCHOOL RESOURCE OFFICER PROGRAM
☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS
☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING
QUASI-JUDICIAL ☐YES ☒NO
ISSUE:
The Wheat Ridge Police Department and the Jefferson County R-1 School District have worked together for several years and participated in the School Resource Officer Program. The primary mission of the School Resource Officer Program is to provide formal instruction, informal consultation and mediation, enforcement, and problem
solving for the school communities. A formal, written, intergovernmental agreement
between the City and the District concerning School Resource Officers has been in place for over ten (10) years. The District has requested the intergovernmental agreement be reviewed and re-accomplished.
As part of the Police Department’s commitment to national accreditation, an
intergovernmental agreement between the District and the City is required by the
Commission on Accreditation for Law Enforcement Agencies. The attached intergovernmental agreement is similar to formal written agreements established between other national accredited police departments and public-school districts.
PRIOR ACTION:
A formal, written, intergovernmental agreement between the City of Wheat Ridge and
the Jefferson County R-1 School District concerning School Resource Officers, has been completed for over ten (10) years.
FINANCIAL IMPACT:
The District shall pay a service fee equal to fifty percent of School Resource Officer
salaries, estimated to be a total of $106,914 annually. The District shall pay the City in
four quarterly payments of $26,728.50, payable within thirty days of receipt of a
Council Action Form – SRO – Intergovernmental Agreement February 14, 2025
Page 2
payment request. The Parties agree that this is a good faith estimate, and that the final amount may be up to ten percent more.
If the District must use remote learning or another model that does not involve in-person
instruction or other in-person student services at a school or schools that results in a total
in-person school closure for ten school days or more (“Extended School Closure”) and the District determines that the presence of SROs at a school or schools is no longer needed based on the Extended School Closure, subsequent quarterly payment(s) will be prorated, for the period of the Extended School Closure. The District shall notify the City
as soon as reasonably possible once it determines that the presence of SROs is no longer
needed. BACKGROUND:
Safety in Wheat Ridge Schools is a very high priority for the community. Wheat Ridge
Police officers and School Resource Officers undergo advanced training in school
safety and protection for the schools and the community. Having officers available for rapid deployment who are familiar with school buildings and grounds is vital for the safety of the community.
In addition, the Wheat Ridge Police Department has a genuine and vested interest in
the positive growth and development of the community’s youth. The position of School
Resource Officer (SRO) has been established to provide for the assignment of police officers within the City’s public and private elementary, middle, and high schools. These officers provide a forum through which students, parents, faculty, and law enforcement officers can become acquainted; and as a result, earn mutual respect. This program
demonstrates to parents and faculty that the agency has a genuine interest in the
community’s young people. This program provides a variety of educational opportunities and a positive law enforcement presence in the school community. School Resource Officers do not enforce school disciplinary policies.
A written agreement for services provided between the public school district and law
enforcement services provided by the city is required by the Commission on
Accreditation for Law Enforcement Agencies (CALEA) and includes:
• A statement of the specific services to be provided.
• Specific language dealing with financial agreements between the parties.
• Specification of the records to be maintained concerning the performance of services by the provider city.
• Language dealing with the duration, modification, and termination of the contract.
• Specific language dealing with legal contingencies.
• Stipulation that the provider city maintains control over its personnel.
• Specific arrangements for the use of equipment and facilities.
• A procedure for review and revision, if needed, of the agreement.
All the elements listed above are included in this intergovernmental agreement to
Council Action Form – SRO – Intergovernmental Agreement February 14, 2025
Page 3
ensure compliance with CALEA standards.
RECOMMENDATIONS:
It is recommended that the City Council approve the Intergovernmental Agreement
between the City of Wheat Ridge and Jefferson County R-1 School District for School
Resource Officers.
RECOMMENDED MOTION:
“I move to approve Resolution 31-2025, a resolution approving an Intergovernmental
Agreement between Jefferson County R-1 School District and the City of Wheat Ridge
for the School Resource Office Program.”
Or,
“I move to postpone indefinitely Resolution 31-2025, a resolution approving an
Intergovernmental Agreement between Jefferson County R-1 School District and the
City of Wheat Ridge for the School Resource Office Program for the following
reason(s).”
REPORT PREPARED/REVIEWED BY:
Chris Murtha, Chief of Police
Patrick Goff, City Manager
ATTACHMENTS:
1. Resolution 31-2025
2. Intergovernmental Agreement
ATTACHMENT 1
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 31
SERIES OF 2025
TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN JEFFERSON COUNTY R-1 SCHOOL DISTRICT AND
THE CITY OF WHEAT RIDGE FOR THE SCHOOL RESOURCE OFFICER
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, the City is authorized to establish, maintain, and provide law
enforcement services; and
WHEREAS, in the exercise of this authority the City acting through its Police
Department has provided School Resource Officers (SRO’s) to be present in public
schools operated by the Jefferson County R-1 School District through prior Memoranda
of Understanding and/or Intergovernmental Agreements; and
WHEREAS, this partnership with the School District has been of value to both the
City and the District; and
WHEREAS, the City and the District have negotiated a new Intergovernmental
Agreement for the SRO program, which supersedes and replaces all prior agreements; and
WHEREAS, the City Council, upon the recommendation of the Police Chief, wishes
to approve this Intergovernmental Agreement.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado:
Section 1. The Intergovernmental Agreement between Jefferson County R-1
School District and the City of Wheat Ridge for the School Resource Officer Program
attached hereto as Exhibit A, is hereby approved.
Section 2. This Resolution shall be effective upon adoption.
ATTACHMENT 1
DONE AND RESOLVED this 12th day of May, 2025
[SEAL] Bud Starker, Mayor
ATTEST:
Margy Greer, Sr. Deputy City Clerk
1
INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY R-1 SCHOOL DISTRICT AND THE CITY OF WHEAT RIDGE ON BEHALF OF THE WHEAT RIDGE POLICE DEPARTMENT FOR THE SCHOOL RESOURCE OFFICER PROGRAM This Intergovernmental Agreement for School Resource Officer Program (“Agreement”) is made this _____ day of ___________, 2025, between the City of Wheat Ridge on behalf of the Wheat Ridge Police Department (“Wheat Ridge”) and the Jefferson County R-1 School District (“District”)
(hereinafter Wheat Ridge and District are referred to as “Party” in the singular and “Parties” in the plural). RECITALS
WHEREAS, pursuant to C.R.S. §§ 29-1-203 and 22-32-122, the District and Wheat Ridge have cooperated to establish and develop a School Resource Officer Program (“SRO Program”), wherein Wheat Ridge assigns one or more police officers to function as school resource officers (each an “SRO” or “SROs” in the plural) at certain District schools for a service fee as defined herein; and
WHEREAS, the joint goals of the SRO Program are to: 1. Reduce criminal activity on District property and at District-sponsored events; 2. Foster educational programs and activities that will increase students’ knowledge of and respect for the law and the function of law enforcement agencies;
3. Improve communications between police officers and the school community; 4. Enhance the safety of the learning environment; and 5. Reduce and prevent delinquency, alcohol and substance abuse, gang involvement, possession and use of dangerous weapons, and other unlawful or disorderly activities
among District students; and
WHEREAS, the SROs serve as positive role models for District students, work in a cooperative, proactive, and problem-solving partnership with District students, staff, and parents to enhance the quality of life in the school community, and enforce the laws of the State of Colorado; and
WHEREAS, the District and Wheat Ridge wish to continue the SRO Program subject to the terms and conditions of this Agreement, which replaces and supersedes in all respects all prior agreements between the Parties as it relates to the agreements contained herein between the District and Wheat Ridge.
AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals incorporated by reference herein, by the mutual promises and covenants herein contained, and other good and valuable consideration,
the receipt and adequacy of which are hereby acknowledged, the Parties hereby agree as follows:
ATTACHMENT 2
2
ARTICLE I Term
This Agreement, and performance of the duties called for herein by the SROs shall begin on July 1, 2025, and shall continue in effect through and including June 30, 2026, unless earlier terminated as provided in Article VIII of this Agreement. Thereafter, the Agreement shall automatically renew for successive one-year terms unless either party provides the other with written notice of termination to on or before May 1 of the then-current year.
ARTICLE II SRO Program A. Assignment of School Resource Officers
1. Wheat Ridge shall initially assign SROs to service the following schools:
• Wheat Ridge High School
• Sobesky Academy
• Prospect Valley Elementary
• Compass Montessori Wheat Ridge
• Mountain Phoenix Community School
• Everett Middle School
• Stevens Elementary School
• Peak Expeditionary School The school assignment will be set by mutual agreement of Wheat Ridge and the District, assuring to the extent reasonably possible the presence of an SRO between each of the schools. SROs
shall be assigned to work with the administration, faculty, and students at the SRO’s assigned school or schools on the schedule as provided for in this Agreement. 2. Wheat Ridge shall assign the duties of supervision of the SROs to one or more SRO Supervisor(s), who shall oversee the SROs and may perform scheduled and/or non-scheduled visits
to the schools. The SRO Supervisor(s) may include one or more Wheat Ridge sergeants, lieutenants, or commanders, as determined at the sole discretion of Wheat Ridge. The SROs assigned pursuant to this Agreement will report to an SRO Supervisor. When practicable, during scheduled visits, the SRO Supervisor will meet with the assigned SRO and may meet with school administrators and any staff designated by the principal.
3. Wheat Ridge may, from time to time, and at its sole discretion, reassign its employees and designate one or more replacement SROs or SRO Supervisors at any time. The District reserves the right to request the removal or reassignment of any SRO for any reasonable cause and upon written notice to Wheat Ridge as specified in Article VI.
4. SROs may at any time be reassigned, and/or a new SRO may be appointed and assigned as determined by the SRO Supervisor and Wheat Ridge.
3
5. SROs will not be assigned to Charter Schools in the District under the terms of this Agreement. Nothing herein will be construed to preclude Wheat Ridge from otherwise agreeing to provide SROs to Charter Schools or other schools located in the City of Wheat Ridge as determined
by Wheat Ridge. 6. The SROs may also respond to and handle non-emergency calls at other schools of the District where there is not an assigned SRO. Nothing in this Agreement shall be construed to limit or otherwise preclude a non-SRO Wheat Ridge officer to be assigned to respond to any call for service
at any District school, regardless of whether an SRO is assigned to such school. B. Service Fee 1. Each SRO shall receive salary and employee benefits and normally issued equipment and
supplies from Wheat Ridge. The District shall pay a service fee equal to fifty percent (50%) of the cost of each SRO’s salary for SRO services provided under this Agreement (“Service Fee”). On or before December 1, 2026, and each December 1 thereafter, Wheat Ridge shall provide written notice to the District of the Service Fee then in effect. The District shall pay Wheat Ridge in four (4) quarterly payments, payable within thirty (30) days of receipt of a statement from Wheat Ridge. The
Parties acknowledge and agree that the Service Fee may be subject to change, that the written notice of the Service Fee provided by Wheat Ridge represents a good faith estimate, and that the final amount may be up to ten percent (10%) more once adjusted based on actual costs. The Parties agree to be bound by a final amount up to ten percent (10%) more than the estimate provided on or before December 1 of the then-current term. The Parties agree that overtime, if any, shall be paid at the
standard rate for such hours, which shall be included in an invoice submitted by Wheat Ridge to the District detailing the number of overtime hours and setting forth the total amount owed by the District. 2. If the District must use remote learning or another model that does not involve in-person
instruction or other in-person student services at a school or schools that results in a total in-person
school closure for ten (10) school days or more (“Extended School Closure”) and the District determines, in its sole discretion, that the presence of SROs at a school or schools is no longer needed based on the Extended School Closure, subsequent quarterly payment(s) will be prorated, for the period of the Extended School closure. The prorated amount will be determined based upon a daily
rate of $274.33 per SRO, multiplied by the total number of school days that the SROs worked at a
school or schools in the prior quarter, before or after the Extended School Closure. The District shall notify Wheat Ridge as soon as reasonably possible once it determines that the presence of SROs is no longer needed based on the Extended School Closure. If the Extended School Closure exceeds more than nine (9) weeks of scheduled school days, the Parties agree to meet and review this
Agreement to discuss revisions, if any, that may be necessary.
C. Regular Duty Hours of the SROs 1. The SROs shall be assigned to their primary school(s) on a full-time basis of eight (8) hours
on those days and during those hours that the schools are in regular session in accordance with the
calendar established by the Board of Education of the District, as amended from time to time. The primary purpose of the SRO Program is to provide services during normal school hours. However, the District may request that the SRO be assigned additional hours and/or days beyond the normal
4
working hours. The principal(s) of the assigned school(s) and the SRO Supervisor may agree to adjust the working hours of the SRO; provided, however, that overtime hours are not worked. The Superintendent or their designee, in cooperation with the SRO Supervisor, may request assignments
of SROs beyond the assigned contracted hours. a. The SRO may be temporarily assigned other duties by Wheat Ridge during school holidays and vacations or as otherwise determined by Wheat Ridge at its discretion. The SRO shall attend school or District in-service training that applies to SRO duties and responsibilities as may be
required by school or central administrators. The SRO may also attend non-required District training where appropriate. b. It is understood and agreed that time spent by SRO attending juvenile court and or criminal cases arising from and/or out of their employment as an SRO shall be considered as hours
worked under this Agreement. c. The SRO will generally attempt to schedule vacations and floating holidays during periods when school is not in session. Any exception may be granted if approved by the SRO Supervisor. The SRO Supervisor may rotate or temporarily reassign an existing remaining SRO
associated with the SRO Program or provide a substitute SRO to cover the shortage at any assigned school(s) affected by the SRO’s absence so that the assigned school(s) are not completely left without coverage. When a substitute SRO is required, Wheat Ridge will, if feasible as determined by Wheat Ridge, assign an SRO who has previous experience as an SRO to the extent possible or an officer who is otherwise compatible with school environments. Whenever possible, Wheat Ridge will utilize
the same officers for substitute/replacement purposes so that there are not different officers every day. 2. Subject to Article II.C.1, the SRO will generally work during the hours school is in session
and coordinate their schedule with the school principal or their designee of the SRO’s assigned
school. When schools are closed due to in-service training, the SRO, if invited by the school administrators, shall attend required in-service training. For non-required trainings, the SRO may attend the training, or use those hours for SRO administrative duties.
3. Notwithstanding any provisions of this Agreement to the contrary, nothing herein shall
preclude, limit, or impair, as determined by Wheat Ridge in its sole discretion, Wheat Ridge’s duty to provide an adequate level of service and protection within its own jurisdiction, or any other existing aid agreements Wheat Ridge may have with any other party or entities as of the date of this Agreement. Wheat Ridge reserves all rights to recall SROs from their assignments at District schools
at any time to respond to any incident or request for police services whatsoever. In such case, the
SRO or Wheat Ridge shall notify the building administrator as soon as possible that the SRO was required to leave the building. 4. Other than Wheat Ridge’s obligation to consider a request from the District to remove or
reassign an SRO pursuant to Article II.A.3, Wheat Ridge shall have exclusive authority to assign,
remove, re-assign, or take any other personnel action whatsoever with respect to any SRO or SRO Supervisor.
5
D. Summer Duty of the SROs The Parties shall meet during the term of this Agreement to determine the number of SROs. if
any, that may be assigned to provide services in accordance with this Agreement during the summer school period. E. Duties of the SROs
SROs will provide focused law enforcement services to students, staff, and the surrounding community to include routine patrol, traffic enforcement, preliminary crime investigation, and responding to calls for service, including but not limited to the following: 1. The SRO shall wear Wheat Ridge-approved uniforms and drive a marked patrol unit in
performance of the duties required by this Agreement. In the event the SRO is authorized to wear civilian clothes for a specific event, the SRO shall comply with Wheat Ridge dress code. 2. Subject to the SRO’s discretion and law enforcement authority, the SRO shall take appropriate law enforcement action or as required by law or Wheat Ridge policy. Within the limitations of law
and Wheat Ridge Police Department policy, the SRO will notify the school administrator as soon as practicable of any violations of law or actions that could impact school discipline, order or safety, or such other violations and actions as the District reasonably requests be reported. a. This may include interviewing suspects and victims of criminal violations, issuing summonses, and addressing traffic concerns. Should it become necessary to conduct formal law enforcement interviews with students, the SRO shall adhere to District policy, regulations, and
guidelines, to the extent not inconsistent with Wheat Ridge Police Department policy, and applicable
law. b. The SRO shall handcuff a student only in accordance with applicable law. C.R.S. § 26-20-111 (“A school resource officer or a law enforcement officer acting in the officer’s official
capacity on school grounds, in a school vehicle, or at a school activity or sanctioned event shall not
use handcuffs on any student, unless there is a danger to themselves or others or handcuffs are used during a custodial arrest that requires transport.”). 3. The SRO shall assist other SROs, if applicable, or law enforcement agencies in conducting
investigations when requested or required.
4. The SRO may, to the extent practicable, develop teaching expertise and assist faculty in conducting specialized classes on such topics as the role of policing in the community, search and seizure, traffic laws, crime prevention, victims’ rights, community involvement, and youth programs.
In addition, the SRO will encourage and participate in discussion during classes to establish rapport
with students. Any additional areas of instruction or SRO participation in school activities must be mutually agreed upon by Wheat Ridge, the SRO Supervisor, and the principal or their designee of the affected school.
6
5. The SRO shall seek permission, advice, and guidance from school administrators prior to implementing any program within the SRO’s assigned school.
6. The SRO shall assist school administrators, staff, and faculty in developing emergency procedures and emergency management plans to include prevention and/or minimization of dangerous situations which may result from student unrest. 7. The SRO shall be familiar with and abide by all relevant District policies, regulations and
guidelines related to safety, student conduct and discipline, including the District’s Code of Conduct except to the extent such policies, regulations, code and guidelines conflict with their responsibilities as a law enforcement officer. The District shall provide Wheat Ridge and each SRO with copies of all such District policies prior to each school year.
8. The SRO shall assist administrators, faculty and staff with the investigation of any suspected violations of law occurring on District premises. SROs will conduct their duties in accordance with applicable law. The SRO shall not be assigned to lunchroom duties, hall monitoring, or other campus monitoring duties, unless there is a specific problem, in which case, the SRO may assist the school with those duties until the problem is remedied. SROs shall not be responsible to enforce any District
policies. 9. The SRO will, to the extent practicable, seek to establish working relationships with student organizations, faculty, staff members, District administrators and community members. In addition, the SRO may attend parent, faculty, student, administration or other meetings to provide information
regarding the SRO Program and provide opportunities for involvement and support. 10. The SRO will generally coordinate enforcement efforts with campus supervisory personnel, including but not limited to campus supervisors, campus security officers, hall monitors, parking
attendants, and private security firm personnel.
11. The SRO shall maintain detailed, accurate, and up to date records as required by Wheat Ridge, and submit reports as requested.
12. The SRO shall work proactively with all law enforcement agencies that serve the District’s
community. 13. The SRO, principal of each school, and necessary school staff will, to the extent practicable, work proactively with students, parents, and faculty regarding public safety and use problem solving
teams and programs to address outstanding problems.
14. The SRO will, to the extent practicable, provide information and referrals regarding community programs to school administrators, staff, students, and parents so that appropriate assistance can be assessed. These programs may include but are not limited to mental health clinics,
peer support, and drug treatment centers. The SRO may make referrals to community agencies and
programs when necessary. The SRO shall refer students to the school or District counselor as needed. Referral guidelines shall be determined by the school administrator.
7
15. The SRO may attend, whenever practicable, selected school functions as recommended by school administrators.
16. The SRO shall maintain the confidentiality of any information obtained pursuant to Title 19 of the Colorado Children’s Code and shall not disclose the information except as provided by law or court order. 17. The SRO shall maintain the confidentiality of District records and personally identifiable
information (PII) in accordance with Parts 2 and 3, Article 72 of Title 24, Colorado Revised Statutes, and the Family Educational Rights and Privacy Act of 1974 (FERPA) and its regulations, and District policies and shall not access such records and information unless it has been determined by the District or building administrator that the SRO has a legitimate educational interest in the records and that access is necessary to perform the SRO’s duties under this Agreement.
18. Unless otherwise directed by a Wheat Ridge supervisor or to avoid compromising an ongoing investigation, the SRO shall coordinate with the SRO Supervisor and inform the school principal or their designee of investigations and cases which have a significant impact on a school or the District, or other such matters as are designated by them or as required by law.
19. The SRO may perform other duties which will promote the goals of the SRO Program and which are mutually agreed upon by the District and Wheat Ridge. F. Training
Wheat Ridge shall provide at least basic SRO training to all new SROs prior to their beginning assignment as the SRO, or as soon as reasonably possible. Basic SRO training may be obtained through the Colorado Association of School Resource Officers (CASRO), the National Association
of School Resource Officers (NASRO), or any other organization which provides similar training.
G. Records; Information-Sharing; Confidentiality 1. For purposes of this Agreement, the SRO is deemed a “school official” as provided in the
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. 1232g with whom the District may
share any records that are deemed necessary by the District for use by the SRO in connection with the SRO Program. To demonstrate compliance with FERPA and its regulations, including but not limited to 34 C.F.R. § 99.31(a)(1)(i)(B), the Parties affirm and agree to the following:
a. School safety is an institutional service for which the District would otherwise use its
employees. b. The District will only disclose personally identifying information (PII) in education records when the SRO has a legitimate educational interest in such information and access is
necessary to perform the SRO’s duties under this Agreement.
c. The SRO is subject to the use and re-disclosure requirements in FERPA and District policy. The SRO shall use PII contained in education records only in the performance of the SRO’s
8
duties under such program as described above in Article II, Section D and shall not re-disclose PII contained in education records to outside parties, who are not “school officials,” without consent or unless the disclosure satisfies an exception to FERPA.
d. The SRO shall not access the District’s Student Information System (Infinite Campus or IC) without District or Administrator permission. Such permission shall only be granted when the
SRO has a legitimate educational interest in such records or the disclosure satisfies an exception to FERPA.
e. The Terms in this Section G(1) shall survive termination of this Agreement. 2. The Parties acknowledge the responsibilities each party has under the Colorado Revised Statutes as well as Title IX of the Education Amendments of 1972.
a. The District Title IX Coordinator or assigned designee will be the District’s central point of contact for Wheat Ridge to contact and facilitate response to reported incidents of sexual abuse and/or assault and to act as a liaison for information. Wheat Ridge agrees to identify a central point of contact within their agency for the District Title IX Coordinator to communicate with and facilitate response to reported incidents.
b. The Parties recognize the paramount importance of coordinating both administrative and criminal investigative efforts so as not to compromise either’s objectives. There is an independent responsibility under Title IX to conduct an investigation (apart from any separate criminal investigation) and to address sexual abuse and/or assault. The District may delay their administrative
investigation at the request of Wheat Ridge for a reasonable period of time but no longer than thirty days. Wheat Ridge’s designated point of contact shall communicate status of the investigation to the Title IX Coordinator. The District’s Title IX Coordinator shall notify Wheat Ridge if the District must begin to conduct their administrative investigation.
c. The District will participate in the exchange of information with Wheat Ridge regarding incidents of sexual assault to the extent permitted by FERPA. Wheat Ridge agrees to promptly share relevant documentation and other information created, including but not limited to interview transcriptions, reports, and interview recordings, with the District as a fellow criminal justice agency with an independent responsibility under Title IX to conduct its own administrative
investigation, and with the purpose to minimize duplicative interviews. 3. All records of police reports and citations associated with the SRO’s duties will be maintained by Wheat Ridge and will comply with the school reporting requirements set forth in C.R.S. § 22-32-146.
ARTICLE III Facilities and Equipment; District Responsibilities A. Facilities and Equipment
The District shall provide to each full-time SRO the following facilities and equipment, which are deemed necessary to the performance of the SRO’s duties under this Agreement.
9
1. The District’s Superintendent or their designee, in consultation with the principal at each assigned school, shall designate an office space at each assigned school for the exclusive use by the
SRO. The designated office space shall be available to the assigned SROs at all times when the school is open for educational or extracurricular activities. In addition, the District shall make reasonable effort to accommodate the SRO’s needs to use such designated space at other hours when the school building may not otherwise be open in furtherance of the duties required of the SRO under this Agreement. Except in emergency circumstances, the District shall provide the SRO at least seventy-
two (72) hour notification if the portion of the building allocated herein to the SRO becomes temporarily unavailable. 2. The District shall provide for the use of each SRO a desk and any necessary office furniture, a computer, a school radio, and access to a printer. If requested, the District shall purchase and install
gun lockers to specifications provided by Wheat Ridge. Wheat Ridge shall be responsible for keeping any such lockers secured and shall remove weapons if there is not a full time SRO assigned at the school and during summer months. B. Maintenance of Facilities and Equipment
All Wheat Ridge or District facilities and equipment, including vehicles, utilized by the SROs or SRO Supervisor in connection with the SRO Program shall be maintained by and at the expense of the respective owners of such facilities and equipment.
C. Effect of Termination In the event this Agreement is terminated, any Wheat Ridge or District facilities or equipment utilized in connection with the SRO Program shall be returned to or retained by the respective owners.
D. Other District Responsibilities Principals and administrators at schools where an SRO is assigned will cooperate with the SRO and facilitate a positive working relationship between the SRO, the principal, and school staff.
District staff and SROs shall comply with mandatory reporter provisions applicable to school personnel pursuant to C.R.S. § 19-3-304. ARTICLE IV
Employment Status of SRO A. SRO Employment Status It is expressly understood that, at all times during the term of this Agreement, the SROs and SRO
Supervisor are employees only of Wheat Ridge. The District and Wheat Ridge acknowledge that the
SRO is a law enforcement officer under the direct and exclusive supervision of Wheat Ridge. The SRO shall remain responsive to the chain of command of Wheat Ridge. No District employee shall have the authority to supervise, direct, or otherwise dictate the actions of any SRO acting in their
10
official capacity. SROs shall not represent that they are employees or agents of the District in any capacity.
B. Compliance with Employment Laws Wheat Ridge will be responsible for providing SROs with payment of wages, health care benefits, and workers’ compensation insurance (including occupational disease). Wheat Ridge will comply with all withholding taxes, social security, unemployment, workers’ compensation, and/or other
federal, state, and local employment taxes and other requirements of federal, state, or local laws, regulations, rules, and ordinances. C. Supplies and Equipment Provided by Wheat Ridge
Wheat Ridge shall provide the SROs with all supplies and equipment as are normally issued by Wheat Ridge to law enforcement officers to be used by the SROs in performance of the duties required under this Agreement. D. Disciplinary Action
Wheat Ridge, at its sole discretion, shall be responsible for taking any necessary or appropriate disciplinary action against any SRO or SRO Supervisor. In exercising these responsibilities, Wheat Ridge may consult with the District at Wheat Ridge’s discretion. The District will provide input and feedback to the SRO and the SRO’s Supervisor and may, as determined by Wheat Ridge, participate
in reviews, evaluations, and planning for particular SRO positions. The District shall regularly advise Wheat Ridge of the SRO’s work performance and shall immediately report to Wheat Ridge any instances of alleged misconduct or discrimination. The District shall make its employees available as witnesses in any Wheat Ridge-conducted disciplinary or termination proceeding or workplace
investigation.
ARTICLE V Appointment of the SROs
A. SRO Selection
Wheat Ridge shall recruit, interview, and evaluate SRO applicants in accordance with Wheat Ridge policies and procedures applicable to special assignments.
B. Applicant Requirements
SRO applicants must satisfy all of the following requirements: 1. The applicant must voluntarily seek the SRO position and must indicate a willingness to hold
the position for three (3) years.
2. The applicant must be a full-time peace officer, as defined by C.R.S. § 16-2.5-101, with a minimum of three (3) years of law enforcement experience, unless otherwise agreed by the Parties in
11
an individual circumstance. 3. The applicant must be employed as a police officer with Wheat Ridge.
4. The applicant must indicate a willingness that, if appointed to the SRO position, they will not schedule time off for vacations and floating holidays during periods when school is in session except as provided for in Article II.B.1.(c).
C. Other Considerations Wheat Ridge may consider, among other criteria as determined by Wheat Ridge, job knowledge, experience, training, education, attitude, communication skills, prior service as an SRO, prior training, education, or experience with youth as part of its SRO selection process.
D. Application Review The SRO Supervisor shall appoint officers as SROs at their sole discretion from the recommended list of applicants in accordance with Wheat Ridge policies and personnel rules.
ARTICLE VI Dismissal, Reassignment, Retirement or Resignation of SROs; Replacement A. Removal of SRO
In the event the school administrator to which the SRO is assigned believes that the SRO is not effectively performing their duties and responsibilities, the administrator may contact the SRO Supervisor to clearly outline the responsibilities and expectations. Should the school administrator
continue to be dissatisfied with the performance of the SRO, the school principal may recommend to
the SRO Supervisor that the SRO be removed from the SRO Program. The SRO Supervisor shall review the reasons provided by the school principal for the recommendation of removal of the SRO with the Chief of Police or Division Chief, and then shall advise the school principal as to Wheat Ridge’s decision whether to remove the SRO. The Chief of Police or designee may elect to meet
with the Superintendent or designee and the SRO Supervisor to discuss the SRO’s performance. At
such meeting, specified school staff members may be requested to be present. If the issues cannot be resolved, then the SRO shall be removed from the school or from the SRO Program as determined by Wheat Ridge in consultation with the District.
B. Reassignment
The SRO Supervisor may dismiss or reassign the SRO or SRO Supervisor from the SRO Program at any time based upon Wheat Ridge rules, regulations, policies, or directives, or when it is in the best interests of Wheat Ridge as determined by the SRO Supervisor. Any vacancy in the SRO Program
created by such dismissal or reassignment shall be filled in the manner described in Subsection D of
this Article.
12
C. SRO Transfers, Promotions The SRO or SRO Supervisor may be transferred or promoted from their SRO position at any time
as determined by Wheat Ridge. Any vacancy created by such transfer or promotion shall be filled in in the manner described in Subsection D of this Article. D. Effect of SRO Vacancy
In the event of resignation, dismissal, promotion, retirement, rotation, or transfer of the SRO, or in the case of long-term absences due to injury, illness, disability, or other cause of more than thirty (30) calendar days, Wheat Ridge shall provide a replacement for the SRO within thirty (30) calendar days of receiving notice of such resignation, dismissal, promotion, retirement, rotation, transfer, or absence. When a replacement SRO is required, Wheat Ridge shall assign SROs who have previous
experience as an SRO to the extent possible or an officer who is otherwise compatible with school environments. If such replacement cannot be provided within the thirty (30) day timeframe based on personnel and staffing constraints of Wheat Ridge, Wheat Ridge may temporarily reallocate the school assignments of any existing SRO to ensure that the school is assigned an SRO and the SRO Program is assigned an SRO Supervisor. Any reallocation of assignments shall be done in
consultation with the District. ARTICLE VII Evaluation
Effectiveness of the SRO Program shall be evaluated annually by the Parties to determine if any modifications to the SRO Program are necessary or advisable. The evaluation shall include, where appropriate, compliance with the terms and conditions of this Agreement, identification of issues or problems and recommendations for improvement, and assessment of quality of services provided.
This evaluation is critical to continue a successful program and the Parties agree to invest sufficient
time and effort in the evaluation process. Each principal will prepare, in a format determined by the District, an annual evaluation of the SRO(s) assigned to principal’s school. Each principal will provide the evaluation to the SRO
Supervisor no later than thirty days after the end of the school year, to be considered by Wheat Ridge
as part of the SRO’s annual personnel evaluation. ARTICLE VIII Termination of Agreement
This Agreement may be terminated at any time by either party upon thirty (30) days’ prior written notice to the other party. ARTICLE IX
Good Faith
The Parties, their agents and employees agree to cooperate in good faith in fulfilling the terms of this Agreement. The Parties agree that they will attempt to resolve any disputes concerning the
13
interpretation of this Agreement and unforeseen questions and difficulties which may arise in implementing the Agreement by good faith negotiations before resorting to termination of this Agreement.
ARTICLE X No Indemnification; Legal Contingencies The Parties are governmental entities in the State of Colorado. As such, each Party is prohibited
under Article XI, Section 1 of the Colorado Constitution from indemnifying anyone. Therefore, notwithstanding any provision in the Agreement to the contrary, neither Party will indemnify the other Party or anyone else under this Agreement. Each Party agrees to release, waive and discharge, and covenants not to sue the other Party and
its officers, employees, and insurers, from and against any and all claims, damages, liabilities, demands and court awards of any kind whatsoever which arise from any acts or omissions of employees of the other Party while those employees are engaged in activities under this Agreement. The Parties intend that each shall be responsible for its own negligent acts and omissions and those of its employees. The Parties understand, are relying upon, and do not waive or intend to waive by
any provision of this Agreement the monetary limitations or any other rights, immunities, defenses, or protections, provided by the Colorado Governmental Immunity Act, §§ 24-10-101, C.R.S. et seq., C.R.S., as from time to time amended, or otherwise available to either Party or its officers or employees. ARTICLE XI Notices Any and all notices or any other communication required or permitted shall be deemed to have
been given when personally delivered or deposited in the United States Postal Service as regular mail,
postage prepaid, and addressed as follows or to such other person or address as a Party may designate in writing to the other Party: To the District:
Superintendent of Schools President Jefferson County R-1 School District Jefferson County Board of Education 1829 Denver West Drive, Bldg. #27 1829 Denver West Drive, Bldg. #27 Golden, Colorado 80401 Golden, Colorado 80401
To Wheat Ridge: Chief of Police With a copy to:
Wheat Ridge Police Department Wheat Ridge City Attorney
7500 W 29th Avenue Murray Dahl Beery & Renaud Wheat Ridge, CO 80033 710 Kipling St. Lakewood, CO 80215
14
ARTICLE XII Modification
This document constitutes the full understanding of the Parties, and no term, condition, understanding or agreement purporting to modify or vary the terms of this Agreement shall be binding unless in writing signed by both Parties. ARTICLE XIII Non-Assignment; No Third-Party Beneficiary This Agreement, and each and every covenant within, shall not be capable of assignment except with the prior written consent of both Parties. This Agreement is not intended and shall not create any duty to any student, teacher, District employee, parent or any other person, firm or entity with
regard to the provision of any law enforcement services, security, level of safety, or activities undertaken by the SROs or Wheat Ridge, or conditions resulting therefrom. No student, teacher, District employee, parent or other person, firm or entity shall be granted or have any private right of action, claim or civil liability remedy against any SRO individually, Wheat Ridge, or the District, or their respective officers, employees or agents, by virtue of this Agreement. Nothing in this
Agreement shall be construed to create any liability, or to waive any of the immunities, limitations on liability or other provisions of the Governmental Immunity Act, C.R.S. §§ 24-10-101 et seq., or to waive any immunities or limitations on liability otherwise available to Wheat Ridge, the District, or their officers, employees or agents. ARTICLE XIV Merger This Agreement constitutes a final written expression of all the terms of this Agreement and is a
complete and exclusive statement of those terms.
ARTICLE XV Counterparts; Electronic Signatures
This Agreement may be signed in counterparts and/or electronically, and each counterpart shall
be deemed an original, and all the counterparts taken as a whole shall constitute one and the same instrument. ARTICLE XVI
Supersedes Previous Agreement
This Agreement replaces and supersedes in its entirety all prior Memoranda of Understanding (MOUs) or Intergovernmental Agreements (IGAs), however titled, between the City of Wheat Ridge and the Jefferson County R-1 School District on the subject of School Resource Officers.
15
ARTICLE XVII Waiver
The waiver of any breach of any provision of this Agreement by a Party hereto shall not constitute a continuing waiver of any subsequent breach of said Party, for either breach of the same or any other provision of this Agreement. ARTICLE XVIII Severability; Headings In the event this Agreement or any material provision hereof shall be declared to be invalid, unenforceable, or in violation of any applicable federal, state or local laws or regulations, the remaining provisions shall remain in full force and effect. The Parties will immediately begin
negotiations to modify or amend this Agreement in order that this Agreement shall, as amended, express and contain the understanding and intentions of the Parties. The subject heading of the paragraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of its provisions. ARTICLE XIX Governing Law; Venue This Agreement shall be governed by the laws of the State of Colorado and any legal action concerning the provision hereof shall be brought in Jefferson County, Colorado.
[Signature Page is Next Page]
16
WHEREFORE, the Parties have caused this Agreement to be executed upon the date first-stated above.
CITY OF WHEAT RIDGE, COLORADO
_________________________________ ____________ Bud Starker, Mayor Date ACKNOWLEDGEMENT OF REVIEW AND
AGREEMENT BY HIGHEST RANKING LAW ENFORCEMENT EXECUTIVE FOR THE CITY OF WHEAT RIDGE
__________________________________ _________ Chris Murtha, Chief of Police Date ATTEST:
______________________ Margy Greer, City Clerk
APPROVED AS TO FORM:
______________________ Gerald Dahl, City Attorney
JEFFERSON COUNTY R-1 SCHOOL DISTRICT
_________________________________ ____________ Tracy Dorland Date Superintendent