Loading...
HomeMy WebLinkAbout06-09-2025 City Council Meeting AgendaAGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO Monday, June 9, 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 June 9, 2025) 3. Virtually attend and participate in the meeting through a device or phone: Click here to pre-register and provide public comment by Zoom (You must preregister before 6:00 p.m. on June 9, 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 City Council Meeting Minutes, May 12, 2025 APPROVAL OF AGENDA PROCLAMATIONS AND CEREMONIES Police Recruit Graduation Proclamation – LGBQTI+ Pride Month Proclamation – Safety Month Proclamation – Juneteenth PUBLICS’ RIGHT TO SPEAK a. Public may speak on any matter not on the agenda for a maximum of 3 minutes under Publics’ Right to Speak. Please speak up to be heard when directed by the mayor. b. Members of the Public who wish to speak on a Public Hearing item or Decision, Resolution, or Motion may speak when directed by the mayor at the conclusion of the staff report for that specific agenda item. c. Members of the Public may comment on any agenda item in writing by noon on the day of the meeting at www.WheatRidgeSpeaks.org. Comments made on Wheat Ridge Speaks are considered part of the public record. 1. CONSENT AGENDA a. Resolution No. 31-2025 - a resolution amending the 2025 Public Art Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $250,000 for the purpose of funding public art associated with the Youngfield Beautification project b. Resolution No. 32-2025 - a resolution amending the fiscal year 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $254,299 for the purposes of accepting a Colorado State Forest Service grant in the amount of $380,350 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 08-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding freestanding emergency departments ORDINANCES ON FIRST READING 3. Council Bill No. 11-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith 4. Council Bill No. 12-2025 – an ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements DECISIONS, RESOLUTIONS, AND MOTIONS 5. Motion approving the selection of public art titled “Fun, Fun, Fungi” by David Farquharson of Farhorizon Studios LLC to be installed at the Green at 38th project site CITY MANAGER’S MATTERS CITY ATTORNEY’S MATTERS ELECTED OFFICIALS’ MATTERS City Council Meeting Minutes CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING  May 12, 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, Amanda Weaver, Korey Stites, Janeece Hoppe, Leah Dozeman and Dan Larson. Absent: Rachel Hultin 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, Community Development Director Lauren Mikulak, Senior Planner Scott Cutler, and Sr. Deputy City Clerk Margy Greer 4. Approval of Minutes Study Session Notes, April 21, 2025 City Council Meeting Minutes, April 28, 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 2025 as Mental Health Month and presented the proclamation to Julie DiTullio with the Jefferson Center. B. Mayor Starker proclaimed the Month of May15, 2025, National Peace officers Memorial Day and the month in which it follows, National Law Enforcement Week, He presented the proclamation to Wheat Ridge Officer Brian Cook. C. Mayor Starker proclaimed the week of May 18-14, 2025, as the 65th Annual Public Works Week. He presented the proclamation to Director of Public Works Maria D’Andrea, who in turn introduced some of her employees and thanked them for their work. 7. Public’s Right to Speak In Person Jeff Richards – Resident and Member of the Wheat Ridge Cultural Commission spoke of a $500 grant opportunity to those in the community regarding all types of arts and cultural projects. He stated the deadline for the grant applications is May 31st. Wheat Ridge Speaks: Jennifer Yates 3700 Miller Street Wheat Ridge, 80033 I’m writing as a concerned citizen regarding an incident involving my son in Wheat Ridge that raises serious questions about how violent crimes are handled in our city. In January, my son and his friend were followed to a gas station and physically assaulted by two individuals after flashing their lights at a speeding van in their neighborhood. Despite video evidence showing clear aggression from the other party—including use of a weapon that sent my son to the ER with fractures and a scalp injury—the case was downgraded to disorderly conduct, and the assailants received minimal consequences. My son and his friend were eventually cleared, but only after months of stress, missed work, and navigating a justice process that seemed to assume their guilt from the start. We are grateful to the officers who responded with compassion, but deeply disappointed by what followed: limited investigation, missing witness follow-up, unacknowledged video evidence, and a sense that the case was pushed off to county court to avoid accountability. I ask city officials and law enforcement leadership: Are serious crimes being downgraded to keep statistics low? Are investigations being handled thoroughly and impartially? And who is protecting families like mine when the system doesn’t work as it should? I will email more details so this incident can be looked at more thoroughly. Thank you Kelly Blynn Address - 4175 Brentwood Street Wheat Ridge, 80033 I wanted to submit these comments to support the adoption of this ordinance. While spurred in part by the 2024 state land use laws, Wheat Ridge has already been strongly moving in this direction. Wheat Ridge is already close to complying with the ADU law (as well as parking and occupancy) and only needs to make modest changes to do so. Wheat Ridge has already enabled homeowners to build ADUs, has lowered parking requirements for affordable housing, has taken steps to remove occupancy limits based on family status, and has enabled more density around our transit corridors and stations. Taking these steps helps Wheat Ridge achieve its goals of becoming a more walkable, bikeable, sustainable, and affordable city, and is in line with the city's affordable housing plan, Lutheran plans, and forthcoming city plan. Additionally, taking these steps will set the city up for additional incentives -- such as the forthcoming grant program from DOLA that can support permitting fees and other costs for ADUs, financing programs for ADUs from CHFA, an infrastructure grant program for transit- oriented communities, and tax credits for affordable housing in transit-oriented communities. Additionally, the state has signaled it will continue to prioritize jurisdictions working to support infill and transit-oriented housing through Executive Order D 2023 014. The housing crisis we find ourselves in is regional and statewide. While Wheat Ridge is showing great leadership on this issue, ultimately we can’t solve it on our own. By continuing to be a leader, we can help ensure that others follow, and create a greater impact. Thank you for the opportunity to comment, and for doing what you do! 8. CONSENT AGENDA Council Member Larson read the Consent Agenda, which consists of Items 8a through 8f, inclusive, as well as the accompanying Issue Statements into the record. 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 Issue Statement: 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. 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 Issue Statement: 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. 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 Issue Statement: 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 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. 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 Issue Statement: 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 records management beyond what the Wheat Ridge Police Department could provide on its own. e. Resolution No. 27-2025 – a resolution of the City of Wheat Ridge, Colorado approving a Law Enforcement Recruit Training Agreement Issue Statement: 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. 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 Issue Statement: 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. Council Member Larson made a motion to adopt the Consent Agenda as presented into the Record. It was seconded by Mayor Pro Tem Stites. Vote: 7 Ayes. 0 Nayes. The motion carried. PUBLIC HEARING ORDINANCES ON SECOND READING 9. Council Bill No. 07-2025 – an ordinance amending the Wheat Ridge Code of Laws concerning membership of the Urban Renewal Authority Council Member Hoppe read the Bill Title and Issue Statement into the Record. Issue Statement: 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 tax 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. 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 on second reading, order it published, and that it takes effect immediately. It was seconded by Mayor Pro Tem Stites. Vote: 7 Ayes. 0 Nays. The motion carried. 10. 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 Council Member Ohm read the Bill Title and Issue Statement into the Record. Issue Statement: 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. There was a presentation by Director of Community Development Lauren Mikulak and Senior Planner Scott Cutler. Council Member Ohm made a motion 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 conforming amendments therewith, on second reading, order it published, and that it takes effect fifteen days after final publication. It was seconded by Council Member Hoppe. Vote: 7 Ayes. 0 Nays. The motion carried. Council Member Hoppe made a motion that in the event the statute adopted by House Bill 24-1152 concerning Accessory Dwelling Units is repealed by the state legislature or held unconstitutional by the Colorado Supreme Court, in whole or in part, that City staff is directed to schedule a Council study session to consider whether the Council should amend or repeal this Ordinance. It was seconded by Council Member Weaver. Vote: 7 Ayes. 0 Nays. The motion carried. 11. 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 Council Member Dozeman read the Title of the Bill and Issue Statement into the Record. Issue Statement: 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. Community Development Director Lauren Mikulak and Senior Planner Scott Cutler gave a presentation on the issue. After Council discussion, Council Member Dozeman made a motion 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. It was seconded by Council Member Weaver. Vote: 7 Ayes. 0 Nays. The motion carried. ORDINANCES ON FIRST READING 12. Council Bill No. 08-2025 – an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws regarding Freestanding Emergency Departments Council Member Ohm made a motion 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. It was seconded by Council Member Hoppe. Vote: 7 Ayes. 0 Nays. The motion carried. DECISIONS, RESOLUTIONS, AND MOTIONS 13. Motion approving a Termination Agreement, and a Funding Agreement related to the sale of Fruitdale School Lofts Council Member Larson read the Item and Issue Statement into the Record. Issue Statement: 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. After discussion amongst Council, Council Member Larson made a motion to Approve a Termination Agreement and a funding agreement related to the sale of Fruitdale School Lofts and authorize the Mayor, City Clerk, and City Manager to execute the same and such additional documents as necessary to implement those agreements, all in the form as approved by the City Attorney. It was seconded by Mayor Pro Tem Stites. Vote: 7 Ayes. 0 Nays. The motion carried. 14. Motion to adopt the Stormwater Master Plan Council Member Snell read the item and the Issue Statement into the Record. Issue Statement: 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. Council Member Snell made a motion to adopt the Stormwater Master Plan. It was seconded by Council Member Hoppe. Vote: 7 Ayes. 0 Nays. The motion carried. 15. 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 Council Member Dozeman read the item and the Issue Statement into the Record. Issue Statement: 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. Council Member Dozeman made a motion to adopt 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. It was seconded by Council Member Ohm. Vote: 7 Ayes. 0 Nays. The motion carried. 16. Resolution No. 30-2025 – a resolution approving amendment number 4 to the contract with The Colorado Department of Transportation for the Improve Wadsworth project Council Member Weaver read the Title of the Resolution and Issue Statement into the Record. Issue Statement: 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. Director of Public Works D’Andrea stated that while the new completion date is 2030, that the construction project will be completed in the Spring of 2026. The CDOT, FHA, and other sources paperwork will not be completed until 2030. In answer to a question from Council Member Ohm, D’Andrea stated that the warranty period is one year from date of substantial completion. Council Member Weaver made a motion to adopt Resolution No. 30-2025, a resolution approving Amendment No. 4 to the contract with the Colorado Department of Transportation for the Improve Wadsworth Project. It was seconded by Council Member Hoppe. Vote: 7 Ayes. 0 Nays. The motion carried. 17. 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 Mayor Pro Tem Stites read the Title of the Resolution and the issue Statement into the Record. Issue Statement: 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. Mayor Pro Tem Stites made a motion to adopt 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. It was seconded by Council Member Ohm. Vote: 7 Ayes. 0 Nays. The motion carried. 18. City Manager’s Matters City Manager Patrick Goff reported that Foothills Regional Housing received a tax credit award from CHFA for Phase II of the Ives affordable housing project. Demolition of the former Bank of the West building and construction of Phase II will likely start this fall. The project consists of 98-, 1-, 2- and 3-bedroom apartments with onsite services. He also reported that while Uncle Julio's Hacienda Colorado closed several weeks ago, he spoke to the property owner, and they have solid interest from at least three restaurants to backfill the space. Police Chief Chris Murtha gave Council an update on the photo radar program. 19. City Attorney’s Matters None. 20. Elected Official’s Matters Mayor and City Council Members stated their pride in the City, thanked staff for their hard work, and reported on events and activities they attended over the past weeks. 21. Adjournment There being no further business to come before Council, Mayor Starker adjourned the meeting at 8:36 p.m. _________________________________ Margy Greer, Sr. Deputy City Clerk _________________________________ Korey Stites, Mayor Pro Tem PROCLAMATION NATIONAL LGBTQI+ PRIDE MONTH JUNE 2025 WHEREAS, the City of Wheat Ridge cherishes the value and dignity of each person and appreciates the importance of equality and freedom; and WHEREAS, all are welcome in the City of Wheat Ridge to live, work, play, and every family deserves a place to call home where they feel safe, happy, and supported by friends and neighbors; and WHEREAS, the City denounces prejudice and unfair discrimination based on age, gender identity, gender expression, race, color, religion, marital status, national origin, sexual orientation, or physical attributes as an affront to our fundamental principles; and WHEREAS, during Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex (LGBTQI+) Pride Month, we reflect on the progress we have made as a nation in the fight for justice, inclusion, and equality while reaffirming our commitment to do more to support LGBTQI+ rights; and WHEREAS, today, the rights of LGBTQI+ Americans are under relentless attack and many of these individuals continue to face discrimination and cruel, persistent efforts to undermine their human rights; and WHEREAS, despite being marginalized, LGBTQI+ people continue to celebrate authenticity, acceptance, and love; and WHEREAS, we appreciate the cultural, civic, and economic contributions of the LGBTQI+ community which strengthen our social welfare. 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 June 2025 as LGBTQI+ PRIDE MONTH Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor PROCLAMATION NATIONAL SAFETY MONTH JUNE 2025 WHEREAS, National Safety Month focuses on reducing the leading causes of injury and death at work, on the roads and in our homes and communities and drawing attention to safe practices that will decrease the likelihood of accidents; and WHEREAS, all community members deserve to live in communities that promote safe and healthy living environments; and WHEREAS, safe communities require the cooperation of all levels of government, business, and industry employees, as well as the public; and WHEREAS, through the support and observance of National Safety Month each year, employers are helping to reverse an increase in accidental injuries and deaths in the workplace; and WHEREAS, the City supports safety efforts and has taken a pro-active stance in providing a safe and healthy work environment for its employees by supporting the BESAFE Safety Committee; and WHEREAS, the City works to prevent accidental injuries by educating employees about safe and healthy practices in the workplace through training and encouragement; and WHEREAS, the beginning of the summer season, traditionally a time of increased accidents and injuries, is an appropriate time to focus attention on risk management and prevention. 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 June 2025, as NATIONAL SAFETY MONTH and urge all community members to establish and maintain safe practices in their homes, workplaces, and communities IN WITNESS WHEREOF, On this 9th day of June 2025. Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor PROCLAMATION JUNETEENTH JUNE 19, 2025 WHEREAS, this nation was founded on the principle stated in the Declaration of Independence that “all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness” but in which people who were Black were held in slavery; and WHEREAS, President Abraham Lincoln signed the Emancipation Proclamation on January 1, 1863, which states that all persons held as slaves within a state or designated part of a state “shall be then, thenceforward, forever free”, changing the legal status of 3.5 million enslaved people who were Black from slave to free; and WHEREAS, the Emancipation Proclamation paved the way for the 13th Amendment to the Constitution of the United States, which formally abolished slavery in the United States of America; and WHEREAS, news of the Emancipation Proclamation did not reach the most distant slave states until federal troops arrived in Galveston, Texas on June 19, 1865, to take control of the state and ensure that all enslaved people be freed; and WHEREAS, the day of respect and remembrance called “Juneteenth”, a combination of the words “June” and “nineteenth”, is observed as an important day in our nation’s history; and WHEREAS, Juneteenth commemorates African American freedom and serves as a reminder of the inequities faced by Black people throughout our nation’s history. NOW THEREFORE BE IT RESOLVED that I, Bud Starker, Mayor of the City of Wheat Ridge, and the Wheat Ridge City Council call upon the City of Wheat Ridge, to join us in recognizing JUNETEENTH and I call on every person to celebrate Juneteenth and recommit to working together to eradicate systemic racism and inequity in our society wherever they find it. IN WITNESS WHEREOF, On this 9th day of June 2025. Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor ITEM NUMBER: 1a DATE: JUNE 9, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 31-2025 TITLE: A RESOLUTION AMENDING THE 2025 PUBLIC ART FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $250,000 FOR THE PURPOSE OF FUNDING PUBLIC ART ASSOCIATED WITH THE YOUNGFIELD BEAUTIFICATION PROJECT ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The public art associated with the Youngfield Beautification project was budgeted in the Public Art Fund in 2024. Because a contract was not awarded until 2025, the funds were not carried forward into the 2025 budget. This resolution will amend the 2025 Public Art Fund budget to fund this project as planned. PRIOR ACTION: The public art selection committee associated with the Youngfield Beautification project has selected an artist team to present to the Cultural Commission and City Council for approval. FINANCIAL IMPACT: The funds for this project were budgeted in the 2024 Public Art Fund budget but were never captured on a purchase order because a contract was not awarded in 2024. As a result, these funds returned to the fund balance and were not carried over to the 2025 budget. There is no additional or unexpected financial impact. BACKGROUND: The Youngfield Street Beautification project will identify and implement aesthetic improvements along Youngfield Street between 30th and 40th Avenues, focusing on the area between Youngfield Street and I-70. Aesthetic improvements will offer a welcoming gateway to the City of Wheat Ridge, beautify the corridor, and create spaces that will not only reflect community values but will also instill pride in the city. Council Action Form – Fund 12 Budget Supplemental for Youngfield Art June 9, 2025 Page 2 In October of 2011, through Ordinance 1502, it was established that 1% of the budget of City and State of Colorado capital construction projects of $50,000 or more shall fund public art. As per this directive, funds were budgeted in 2024 for the Youngfield Beautification project. Because the funds weren’t utilized in 2024, this resolution will allow for the funds to be included in the 2025 budget to allow for the art selection and installment to move forward. RECOMMENDATIONS: Staff recommends the approval of this resolution to properly account for the Youngfield Beautification public art project that was budgeted in 2024. RECOMMENDED MOTION: “I move to approve Resolution No. 31-2025, a resolution amending the 2025 Public Art Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $250,000 for the purpose of funding public art associated with the Youngfield Beautification project.” Or, “I move to postpone indefinitely Resolution No. 31-2025, a resolution amending the 2025 Public Art Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $250,000 for the purpose of funding public art associated with the Youngfield Beautification project for the following reason(s).” REPORT PREPARED/REVIEWED BY: Karen O’Donnell, Director of Parks & Recreation Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 31-2025 ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 31 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE 2025 PUBLIC ART FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $250,000 FOR THE PURPOSE OF FUNDING PUBLIC ART ASSOCIATED WITH THE YOUNGFIELD BEAUTIFICATION PROJECT WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and WHEREAS, Wheat Ridge City Council previously approved the 2025 Public Art Fund (Fund 12) budget; and WHEREAS, Ordinance No. 1502-2011 established that 1% of the budget of City and State of Colorado capital construction projects of $50,000 or more shall support the Public Art Fund; and WHEREAS, the Youngfield Beautification public art project was included in the 2024 Public Art Fund (Fund 12) budget, but the funds were not carried over to the 2025 budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. A supplemental budget appropriation of $250,000 is hereby approved from Public Art Fund (Fund 12) undesignated reserves to account No. 12-601- 800-816 for the purpose of budgeting the Youngfield Beautification public art project. DONE AND RESOLVED this 9th day of June 2025. Bud Starker, Mayor ATTACHMENT 1 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk ITEM NUMBER: 1b DATE: June 9, 2025 REQUEST FOR CITY COUNCIL ACTION RESOLUTION No. 32-2025 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2025 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $254,299 FOR THE PURPOSE OF ACCEPTING A COLORADO STATE FOREST SERVICE GRANT IN THE AMOUNT OF $380,350 ☐PUBLIC HEARING ☐BIDS/MOTIONS ☒RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Colorado State Forest Service (CSFS) awarded the City a reimbursement grant of $380,350 for forestry work through October 31, 2025. To invest the funding, and subsequently request and receive reimbursement, this budget appropriation is required. PRIOR ACTION: CSFS made this funding available to the City due to the USDA terminating an Urban and Community Forestry grant on April 4, 2025, that the City had previously been awarded through the Urban Sustainability Director’s Network (USDN). Council was informed of this grant termination via an email from Director O’Donnell. Council passed Resolution No. 13-2024 on March 25, 2024, authorizing a supplemental budget appropriation for 2024 and authorizing the Mayor to sign the grant agreement with the USDN. This CSFS funding is for the same scope of work as the original USDN pass-through grant to the City. FINANCIAL IMPACT: The City’s Forest Improvement account (32-601-800-867) within the Open Space Fund would be increased by $254,299 for 2025. This amount includes the $380,350 in reimbursement funds from the CSFS and accounts for the approved 2025 spending through from the original USDN pass-through grant. The City will be able to request Council Action Form – CSFS Grant Supplemental Budget Appropriation June 9, 2025 reimbursement from the CSFS monthly for approved spending through October 2025. BACKGROUND: In 2023, the City applied for, and was awarded, $669,073 in federal Urban and Community Forestry funding as a pass-through partner of the Urban Sustainability Directors’ Network (USDN). The funding was to be paid as advance payment funds in three even payments in 2024, 2025, and 2026, assuming the City met its deliverables over the 4-year project period (2024-2027). The City received its initial advance payment of $223,024 in spring 2024. Through April 3, 2025, the City invested $135,051.68 of that advance payment with another $55,030 encumbered for contracts with the Mile High Youth Corps (for three weeks of planting work) and PlanItGeo (for their TreePlotter inventory program). On April 4, 2025, the City learned that the USDA had terminated their grant agreement with the USDN, which resulted in the City’s grant agreement with USDN being terminated and all investment halted. As of May 23, 2025, the USDA has not informed the USDN or the City as to what will be required of the remaining advance-payment funds that had not been spent as of April 4t, 2025. The CSFS, which serves as Colorado’s state forestry agency, was also awarded federal grant funding through the same USDA Urban and Community Forestry grant program that the City was awarded funding through. CSFS funding, along with all other “direct to state” funding, has not yet been terminated. CSFS reached out to local governments who had their USDA forestry grants terminated and offered to provide their funding as grants to the local governments so the planned forestry work could continue. City staff put together the enclosed 2025 forestry improvement budget to maximize the realistic speed and level of investment to maximize the value of the CSFS funding, which is only available through October 31, 2025. This budget represents all planned 2025 forestry improvement work and certain work that was originally planned for 2026. There is a possibility that the CSFS funding will also be terminated by the USDA at some point, but the CSFS is hoping that does not happen. RECOMMENDATIONS: Staff recommend passing this Resolution to increase the 2025 Forest Improvements budget to invest funding from the CSFS. The alternative is to not accept the grant funding and cancel the planned forestry improvement work in 2025. RECOMMENDED MOTION: “I move to approve Resolution No. 32-2025, a resolution amending the fiscal year 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation Council Action Form – CSFS Grant Supplemental Budget Appropriation June 9, 2025 in the amount of $254,299 for the purpose of accepting a Colorado State Forest Service grant in the amount of $380,350.” Or, “I move to postpone indefinitely Resolution No. 32-2025, a resolution amending the fiscal year 2025 Open Space Fund budget to reflect the approval of a supplemental budget appropriation in the amount of $254,299 for the purpose of accepting a Colorado State Forest Service grant in the amount of $380,350 for the following reason(s).” REPORT PREPARED/REVIEWED BY: Brandon Altenburg, Grant and Special Project Administrator Reed Smythe, Accounting Supervisor Karen O’Donnell, Parks and Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 32-2025 Colorado State Forest Service Grant Budget Appropriation 2. CSFS 2025 Award Letter 3. CSFS Agreement Form 4. CSFS Scope of Work 5. CSFS Project Budget ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 32 SERIES OF 2025 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2025 OPEN SPACE FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $254,299 FOR THE PURPOSE OF ACCEPTING A COLORADO STATE FOREST SERVICE GRANT IN THE AMOUNT OF $380,350 WHEREAS, the City of Wheat Ridge, Colorado (the “City”) is interested in maintaining, expanding, and improving its urban tree canopy; and WHEREAS, the Colorado State Forest Service awarded a $380,350 reimbursement grant to the City for specific forestry work in 2025; and WHEREAS, the grant revenue will be deposited into the Open Space (Fund 32) budget, and a $254,299 budget appropriation is needed to make the funds available for related expenses in 2025. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF WHEAT RIDGE, COLORADO THAT: Section 1. A supplemental budget appropriation is approved from Open Space Fund undesignated reserves to account No. 32-601-800-867 and revenues are adjusted accordingly. Section 2. The Mayor or the City Manager of the City or any other member of the City Council and all appropriate City officers are hereby authorized and directed to execute and deliver and the City Clerk is hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actions as may be necessary or convenient to carry out and give effect to the Assignment and this Resolution. Section 3. Nothing contained in this Resolution, or the Assignment shall constitute a debt, indebtedness, or multiple-fiscal year direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State or the home rule charter of any political subdivision thereof, nor give rise to a pecuniary liability of the City or a charge against its general credit or taxing powers. ATTACHMENT 1 DONE AND RESOLVED this 9th day of June 2025 [SEAL] ATTEST: Margy Greer, Sr. Deputy City Clerk Bud Starker, Mayor ATTACHMENT 2 5060 Campus Delivery Fort Collins, CO 80523-5060 (970)491-6303 5/5/2025 City of Wheat Ridge, Dear Brandon Altenburg, I am pleased to inform you that your application for the 2025 UCF City of Wheat Ridge Forestry Project has been approved for funding in the amount of $380,350.60. To accept this award please review the attached Project Award Notification and Scope of Work. If you agree with the requirements of the grant, please complete, sign, and date the Project Award Notification and initial and date the Scope of Work where indicated. The Budget and Budget Justification Form (Attachment B) also needs to be completed and initialed. Be sure to retain copies for your records. Project work may not begin until grant recipients have signed the official Project Award Notification and initialed the final SOW and returned it to the Program Specialist. Please note that any efforts, activities, or expenses that occur prior to the official award notification will not be eligible for reimbursement or match. Please email a signed copy of the documents no later than 5/7/2025 to Carrie Tomlinson, UCF Manager CSFS and copy csfs_grants@mail.colostate.edu. Reimbursement procedures and cost documentation requirements are described in the Project Award Notification. Projects must be completed and certified by your CSFS Supervisory Forester no later than the close of business on October 31th, 2026. Your CSFS Forester is Val Nache, who can be reached at 303-548-9820 or email Valerie.Nache@colostate.edu. The final reimbursement request with your signature and cost documentation must be received by the CSFS Supervisory Forester no later than DATE November 30th, 2026. Please acknowledge the CSFS UCF GRANTS and the Colorado State Forest Service as the funding source for this project in any outreach or media inquiries. Email Kristy.Burnett@colostate.edu with any questions about media or outreach or to obtain the CSFS logo. Thank you for your interest in creating resilient forests and communities! ATTACHMENT 2 Sincerely, Carrie Tomlinson, UCF Manager Attachments: Project Award Notification Attachment A, Scope of Work Attachment B, Budget Justification CC: Valerie Nache, UCF Specialist Eastern Plains Britta Mireley, CSFS Grants Specialist CSFS Revised: 12.09.24; Approved by General Counsel 01.09.25 (do not modify except where noted) 1 ATTACHMENT 3 Colorado State Forest Service Financial Assistance Program Project Award Notification Agreement Project Name Expanding the Urban Tree Canopy in Wheat Ridge Project Number NA Award Recipient Name City of Wheat Ridge CSFS Account Number 5330651 CSFS Account Title 2023 Inflation Reduction Act Urban and Community Forestry Federal Award Identification Number 24-DG-11021600-009 Assistance Listing Number (ALN) and Name 10.727 IRA Urban & Community Forestry Estimated Total Project Cost $380,350.60 Award Amount $380,350.60 Minimum Recipient Match Required $0.00 Award Start Date 04/29/2025 Award End Date 10/31/2026 Federal Funds YES State Funds NO Other Funds NO Match Funds $0. Based on the strength of the application submitted, the Colorado State Forest Service (hereinafter referred to as “CSFS”) is providing funding in the amount up to, but not exceeding, $380,350.60 to accomplish the project described in Attachment A (Scope of Work). The recipient, City of Wheat Ridge (hereinafter referred to as “Award Recipient”), will be reimbursed for allowable costs incurred in implementing the project up to the amount listed above, once the following requirements are met: A.SCOPE OF WORK Complete work as described in Attachment A (Scope of Work) which includes following Forestry Best Management Practices to Protect Water Quality in Colorado. B.EXPENSE DOCUMENTATION Reimbursable Expenses •Expenses incurred prior to the 4/29/2025 are not eligible for reimbursement or match. •Provide documentation that project funds have been matched at a minimum of $0.00. •Only actual recipient costs that support accomplishing Attachment A (Scope of Work) are eligible for reimbursement. Non-recipient costs may be used as match. Non-recipients are third party participants (contributors other than the award recipient) supporting the implementation of the project. •Grant funds may not be used to purchase capital equipment unless the equipment was approved and described in Attachment A (Scope of Work). Equipment means tangible personal property (including information technology systems) having a useful life of more than one year and a per-unit acquisition cost which equals or exceeds $5,000. Tangible supplies under $5,000 that contribute to accomplishing work described in Attachment A (Scope of Work) are allowable, if pre-approved and described. CSFS Revised: 12.09.24; Approved by General Counsel 01.09.25 (do not modify except where noted) 2 ATTACHMENT 3 •Reimbursements will only be made to the original award recipient. If the award recipient chooses to pass funds to individual landowners or partners contributing to the project, it is the responsibility of the award recipient to properly document expenses and match contributions and provide sufficient backup documentations according to the “Expense Guidance” tab located in the enclosed CSFS Grant Reimbursement Package. Match Expenses •Grant funds cannot be used for homeowner labor, volunteer labor, personnel coordination or grant administration, however, these activities are valuable and can be considered as match. •In-kind activities must be documented on the current “CSFS In-Kind Cost Documentation Form”, located in the enclosed CSFS Grant Reimbursement Package, using the current volunteer rate at the time work was completed. Grant recipients may use a spreadsheet to track hours, however, the information must also be summarized in the “CSFS In-Kind Cost Documentation Form”. •In instances where there are multiple landowners involved with providing in-kind services, documentation of those volunteer hours must be documented in the current CSFS In-Kind Documentation Form for each landowner involved with the project by first and last name. Indirect Expenses •Indirect cost rate: The Award Recipient may request up to 15% de minimis indirect cost rate. Documentation is not required for reimbursement. •Indirect costs include a wide variety of items not specifically broken out in the budget known as facilities and administrative costs (utilities, phone, copying, accounts payable, payroll, purchasing agent’s time, and routine administrative services). Indirect costs paid by the grant may not exceed 15% of the grant total. Additional indirect costs (beyond 15%) may be used as cash match but must be documented with an established rate. Reimbursement Submission •Documentation supporting costs and match must be submitted through the UCF Forester for reimbursement. Documentation for all expenses (actual costs and values of items that are not out-of- pocket expenses) and match is required. Follow the guidelines in the “Expense Guidance” tab located in the enclosed CSFS Grant Reimbursement Package. •Project work will be inspected by the assigned CSFS Field Office to certify the work meets the requirements described in Attachment A (Scope of Work). Once all documentation is complete, the assigned CSFS Supervisory Forester will electronically sign the Signature Page with eSig to certify the work, and that costs/match are allowable. •The local CSFS Field Office is responsible for completing the CSFS Grant Reimbursement Package with documentation provided by the award recipient. C.PROJECT REPORTING REQUIREMENTS •Grant recipients are required to submit spatial map data (e.g., shapefiles) with each reimbursement request, indicating the completed project work. Reimbursement requests submitted without appropriate spatial map data will not be approved. •A final report will be required at the completion of the project, which includes the following information: number of trees planted, trees inventoried, and trees maintained. Final reimbursement requests that are received without this final report will not be approved. D.RECORD RETENTION/DATA SHARING At all times during and following the Term of this Agreement, including any extensions or renewals hereof, all records, information and data collected or developed during the performance of the Agreement, and any information provided to CSFS by grant recipient as Licensor or developed during the performance of the Agreement shall be owned and retained by CSFS for academic and research purposes, which may include CSFS Revised: 12.09.24; Approved by General Counsel 01.09.25 (do not modify except where noted) 3 ATTACHMENT 3 sharing information with CSFS affiliates. Any publishing or information made available to the public will not include personal information of Licensor. Upon request, Licensor may request the removal of Licensor’s information or property information on any publishing or information available to the public, and, if feasible, CSFS shall remove such requested information. E.NEW! COST SHARING CSFS grant awardees have the option to use awarded funds for other cost share/match obligations, however, if the awardee will not be using this award for other cost-share/match obligations, CSFS will use it to offset CSFS cost share obligations for other grant programs. Details regarding Cost Sharing are outlined in §2 CFR 200.306. Please check the appropriate box below to indicate if you plan to use these awarded funds for your own cost share/match obligations or if you would like to release these awarded funds for CSFS cost-share use. Please contact the CSFS Grants Team at csfs_grants@colostate.edu as soon as possible if you have questions regarding cost sharing. x Awardee agrees to release the use of these awarded funds for CSFS cost share purposes and will not use these funds for any other cost share/match obligations. Awardee does not agree to release the use of these awarded funds for CSFS cost-share purposes and plans to use these funds for awardees other cost-share/match obligations. F.RESEARCH AND DEVELOPMENT This federal agreement is not for research and development purposes. G.EXTENSION This funding may be extended at the discretion of the CSFS Program Specialist. Requests for extensions must be made in writing at least 90 days before the award end date. Requests must be sent to the local CSFS Supervisory Forester and include: 1) why an extension is needed; 2) new timeline for completion, and 3) changes to the Scope of Work (deliverables), if applicable. The CSFS Field Office will review and forward to the appropriate Program Specialist for approval. Approvals will be given in writing to the award recipient. H.TERMINATION Either Party may terminate this Agreement, without cause, upon not less than sixty (60) days' written notice, given in accordance with the Notice provisions of this Agreement. Termination of this Agreement shall not relieve a Party from its obligations incurred prior to the termination date. Upon termination of this Agreement by CSFS, except in the case of a material breach by CSFS, CSFS shall pay all costs accrued by the Award Recipient as of the date of termination including non-cancelable obligations for the term of this Agreement, which shall include all appointments of staff incurred prior to the effective date of the termination. Award Recipient shall take steps to limit or terminate any outstanding financial commitments for which CSFS is to be liable. Award Recipient shall furnish, within ninety (90) days of the effective termination date, a final report of all costs incurred, and all funds received and shall reimburse CSFS for payments which may have been advanced in excess of total costs incurred with no further obligations to Sponsor. I.NOTICES All notices and other correspondence related to this Agreement shall be in writing and shall be effective when delivered by: (i) certified mail with return receipt, (ii) hand delivery with signature or delivery receipt provided by a third Party courier service (such as FedEx, UPS, etc.), (iii) fax transmission if verification of receipt is obtained, or (iv) email with return receipt, to the designated representative of the Party as indicated below. A Party may change its designated representative for notice purposes at any time by written notice to the other Party. The initial representatives of the Parties are as follows: CSFS Revised: 12.09.24; Approved by General Counsel 01.09.25 (do not modify except where noted) 4 ATTACHMENT 3 CSFS Program Specialist: Award Recipient: Name Title Colorado State Forest Service 5060 Campus Delivery, CSU Fort Collins, CO 80523-5060 Phone: Email: For Formal Agreement Changes (amendments, terminations), send a copy to: Office of the General Counsel 06 Campus Delivery Colorado State University Fort Collins, CO 80523-0006 contracts@colostate.edu City of Wheat Ridge Unique Entity ID, if applicable): 84-0595832 Administrative Contact: Brandon Altenburg Grant and Special Project Administrator 7490 W. 45th Ave Wheat Ridge, CO 80033 Phone: 303-231-1307 Email: baltenburg@ci.wheatridge.co.us Financial/Payment Contact: [Brandon Altenburg Grant and Special Project Administrator 7490 W. 45th Ave Wheat Ridge, CO 80033 Phone: 303-231-1307 Email: baltenburg@ci.wheatridge.co.us J.AUTHORIZED REPRESENTATIVES City of Wheat Ridge certifies that neither the award recipient nor any principals represented herein are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. By signature below, each party certifies that the individuals listed in this document as representatives of the individual parties authorized to act in their respective areas for matters related to this award. In witness whereof the parties hereto have executed this award and have read, understand, and agree to the conditions of participating in this financial assistance program. Brandon Altenburg 5/9/2025 __________________________________________________________________________________________ AWARD RECEIPIENT SIGNATURE DATE __________________________________________________________________________________________ CSFS PROGRAM SPECIALIST SIGNATURE DATE Initials: __BA_____ Rev. Jan 2024 ATTACHMENT 4 Colorado State Forest Service Financial Assistance Program Attachment A: Scope of Work Awardee Name: City of Wheat Ridge Project Name: Expanding the Urban Tree Canopy in Wheat Ridge CSFS Account Number: 5330651 Work to be completed/deliverables: Project Summary This project will complete the City’s deliverables in the 2025 calendar year from the original IRA USDA UCF grant, plus as many objectives as are feasible from the 2026 and 2027 calendar years. Project Objectives •239 trees planted within the Wadsworth Boulevard construction project. •95 trees planted within the Youngfield Street beautification project. •90 trees planted within Phase 2 of the Green at 38th project. •40 trees planted at Crown Hill Park with Jeffco Open Space. •Approximately 300 trees planted throughout Wheat Ridge parks, open spaces, and right of way areas. •30 trees planted at Fruitdale Park via volunteer event. •50 trees planted at Crown Hill cemetery in partnership with Wheat Ridge Rotary. Supplies for expanding the volunteer Tree Stewards program. •General tree supplies such as: Compost, mycorrhizae, hand tools, tree stakes/tethers/wraps, water bags, tree storage supplies •Plant healthcare spray rig •Signage promoting the forestry investment in our community. Capacity Building/Prescription TreePlotter + TreePlotter Canopy software subscription. 3 weeks of Mile High Youth Corps contractual planting work. Utilization & Slash Management Plan N/A Budget Details See budget document Initials: __BA_____ Rev. Jan 2024 ATTACHMENT 4 Milestone dates: Project Completion deadline: October 31st, 2026 Final Report and reimbursement request due to local CSFS Field Office: November 31st, 2026 Standards or Guidelines: Best Management Practices must be followed for all forest management/fuels mitigation work completed under this award. Refer to the handbook Forestry Best Management Practices to Protect Water Quality in Colorado for more information. All work completed under this award must be certified as meeting minimum Colorado State Forest Service standards prior to any reimbursement being made to the award recipient. CSFS Grant Reimbursement Request Form Package will be used to both request reimbursement and to certify that work has been completed to minimum standards. Supplies (239)Trees within the Wadsworth Boulevard Project (95)Trees within the Youngfield Project (115)Trees within the Green at 38th (40)Trees at Crown Hill Park General Tree Plantings (500 total) in Wheat Ridge Parks, Open Spaces, and ROW (30)Trees at Fruitdale Park for Arbor Day/Earth Day Tree Planting Event 2025 Wheat Ridge Rotary Partnership Supplies for Tree Stewards Program Expansion Compost Mycorrhizae Tools and Supplies: Hand tools, tree stakes, tree tethers, tree wrap, water bags Power tools: chainsaws, blowers, dingo forestry attachment Start-Up Nursery Equipment to store/over-winter trees Water Tank Trailers Outfit for Tree Healthcare Spraying Signage/Marketing for Project Contractual Mile High Youth Corps 10 weeks of Crew Work TreePlotter + Canopy 2025-2026 Prepay Costs Personnel Additional Seasonal Forestry Personnel for 2025 Other (sub- grants only) Total Direct Costs: Expanding the Urban Tree Canopy in Wheat Rid Original Total USDA Funds (requested) 2025 Projected Spend 2025 Actual Spend $110,000.00 $110,000.00 $38,000.00 38,000.00$ $41,574.00 28,000.00$ $16,000.00 16,000.00$ $200,000.00 60,000.00$ 3,785.60$ 7,000.00$ $5,000.00 5,000.00$ $2,000.00 2,000.00$ $4,000.00 4,000.00$ 12,000.00$ 12,235.00$ 2,500.00$ 4,800.00$ $10,000.00 10,000.00$ $90,000.00 27,030.00$ $18,000.00 28,000.00$ 10,000.00$ 380,350.60$ -$ ATTACHMENT 5 dge Proposal Budget Expenses between 5/7/25 and 10/31/25 can be counted towards this funding within the line items below ITEM NUMBER: 2 DATE: June 9, 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 Planning Commission minutes are included as an attachment. City Council approved this ordinance on first reading on May 12, 2025. A motion was made by Councilmember Ohm and seconded by Councilmember Hoppe and was approved by a vote of 7 to 0. 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. Council Action Form – Freestanding Emergency Departments June 9, 2025 Page 2 HCA HealthONE has submitted a Letter of Intent to purchase the former Midas property, at the northwest corner of 38th Avenue and Wadsworth Boulevard, 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 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 and regulatory changes impacting FSED, 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 Action Form – Freestanding Emergency Departments June 9, 2025 Page 3 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 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 FSED. 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 FSED. 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. Council Action Form – Freestanding Emergency Departments June 9, 2025 Page 4 •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. RECOMMENDED MOTION: “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 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. 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 2.April 17, 2025, Planning Commission Minutes ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER OHM 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. ATTACHMENT 1 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 7 to 0 on this 12th day of May 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 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 9th day of June, 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 25, 2025 Jeffco Transcript and www.ci.wheatridge.co.us ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 ATTACHMENT 2 ITEM NUMBER: 3 DATE: June 9, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL NO. 11-2025 AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERING MULTI-UNIT RESIDENTIAL PARKING REQUIREMENTS 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 parking requirements for multi-unit residential uses to comply with state legislation and recent policy direction from City Council. Conforming amendments are required to update definitions and terms related to residential uses. 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 May 15, 2025, and recommended approval by a vote of 7 to 1. The draft Planning Commission minutes will be included with the Council Action Form for the second reading. FINANCIAL IMPACT: The proposed ordinance is not anticipated to have a direct financial impact on the city. BACKGROUND: 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. The ordinance was prepared by the Planning Division and reviewed by the City Attorney. Council Action Form – Multi-Unit Parking Requirements June 9, 2025 Page 2 The State of Colorado Legislature passed several bills in the 2024 Legislative Session related to land use and housing. House Bill (HB) 24-1304, titled “Minimum Parking Requirements”, prohibits municipalities from enacting and enforcing minimum off-street parking requirements for multi-unit residential developments within applicable Transit Service Areas. The prohibition on requiring parking applies to all new multi-unit residential development and to adaptive re-use of existing buildings for multi-unit residential purposes. The bill does not prevent developers from providing parking, it just prevents municipalities from requiring a minimum quantity of parking. It also does not change anything related to ADA-accessible parking requirements, bicycle parking requirements, loading requirements, or affordable housing funding requirements related to parking. The bill takes effect on June 30, 2025. Discussion Although removing parking requirements for multi-unit residential may be perceived as a big change, staff believe there will be a limited impact on Wheat Ridge due to market forces. Parking is often necessary to make a project successful, and providing some parking reduces risk for developers. Parking is market-driven, and developers are best equipped to know what ratio of parking needs to be provided to attract tenants or buyers. Suburban developments will naturally provide more parking per unit than urban developments, as it is more likely that residents will own cars and need to drive. The city can still require ADA parking and bicycle parking to ensure site access and accessibility are maintained. The bill allows municipalities the discretion to define “multi-unit residential”, within reason, and for the purpose of implementing this state law. Staff’s interpretation of the legislation and intent is that this applies to typical apartment or condominium developments, but not townhouses. In some places in the code, townhouses are referred to as “single-unit attached” as they are separately owned on individual lots (fee- simple), function as single-unit homes with a shared wall, and are constructed under single unit residential building codes. In other places in the code, they are lumped in under the broader category of multi-unit residential. Because the bill does not dictate how exactly to define multi-unit for the purpose of the parking rules, the ordinance updates the code to consistently reference townhouses as single-unit attached and retain parking requirements for townhouses. The applicable Transit Service Areas (where requiring minimum parking for multi-unit residential is not allowed) cover a large portion of Wheat Ridge and are defined as any area within one-quarter mile of a transit line with greater than 30-minute frequencies; these are determined by the state’s Department of Local Affairs (DOLA). Nearly all areas eligible/zoned for multi-unit residential in Wheat Ridge fall within the Transit Service Areas boundaries; these areas are zoned R-3, MU-N, and MU-C which allow multi-unit residential as a use-by-right. Given this overlap, City Council gave direction at its study session to exempt all multi-unit residential from the parking requirements rather than apply separate rules for areas inside and outside the Transit Service Areas, since areas Council Action Form – Multi-Unit Parking Requirements June 9, 2025 Page 3 outside of those zones are highly unlikely to be rezoned for multi-unit residential due to the distance from major corridors or location within low-density neighborhoods. Summary of Proposed Code Amendment The ordinance makes the following changes: •Updates parking requirements tables in Section 26-501 (Table 6), 26-1109.B, and 26-1407.F (Table 3) to remove minimum parking requirements for multi-unit residential uses, while retaining parking requirements for single-unit attached uses (i.e. townhouses). •Updates definitions of multi-unit dwelling (apartment or condominium) and single-attached dwelling (townhouse or row house) to distinguish one from the other. •Updates development standard charts and use charts to include terms for both multi-unit and single-attached dwellings, as applicable. •Conforming amendments: o Updates Planned Development (PD) regulations to eliminate parking minimums for new multi-unit residential within PDs. o Clarifies parking requirements for other residential uses, without making actual modifications, including retaining guest parking requirements for townhouse developments if street parking is not available. o Clarifies that ADA parking requirements for multi-unit uses are based on the number of provided parking spaces. o Updates EV parking requirements for multi-unit residential to be based on the number of provided spaces and caps the number of required EV spaces so ratios remain similar to previous requirements. o Updates the residential parking requirements referencing RV parking at multi-unit sites and removes a duplicate code section. o Removes a parking reduction allowance for TOD-adjacent multi-unit residential buildings since no parking will be required. o Aligns terms related to multi-unit vs. single-unit attached throughout the code. RECOMMENDATIONS: 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. RECOMMENDED MOTIONS: “I move to approve Council Bill No. 11-2025, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith, on first reading, order it published, public hearing set for Monday, June 23, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes immediately after final publication.” Council Action Form – Multi-Unit Parking Requirements June 9, 2025 Page 4 Or, “I move to postpone indefinitely Council Bill No. 11-2025, an ordinance amending Chapter 26 of the Wheat Ridge Code of Laws concerning multi-unit residential parking requirements and making conforming amendments therewith, for the following reason(s): _______________________________________.” As noted above, the original impetus of this code amendment is a change in state law (HB24-1304). If there is a change in state law, in whole or in part, it may be appropriate to reconsider this local code amendment. To the extent the Mayor or Council would like to require a discussion of this topic in the future, a motion to that effect will be provided at second reading. 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. 11-2025 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 11 Ordinance No. 1824 Series of 2025 TITLE: AN ORDINANCE AMENDING CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING MULTI-UNIT RESIDENTIAL PARKING REQUIREMENTS 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, in the exercise of this authority, the Council has previously adopted requirements in the City’s Code of Laws, and specifically in Chapter 26 thereof (the “zoning Code”); and WHEREAS, the Colorado Legislature has adopted House Bill 24-1304 which requires local governments to remove parking requirements for multi-unit residential uses within applicable transit corridors, effective June 30, 2025; and WHEREAS, the Council recognizes that from time to time the zoning Code needs to be updated to include modern terminology, updated cross-references, remove conflicts within the Code, and provide clarity to city staff and the public; and WHEREAS, city staff have recommended certain amendments to the parking requirements within the zoning Code based on best practices and experience and to better align the Code with the state legislation and market realities; and WHEREAS, neither the state legislation nor this ordinance precludes the city from allowing parking, including allowing parking to meet any affordable housing funding requirement; and WHEREAS, the Council finds these amendments are necessary to conform the Code of Laws to the state legislation and to ensure the continued effective regulation of parking for multi-unit residential uses within the City of Wheat Ridge. ATTACHMENT 1 ATTACHMENT 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-117.D of the Wheat Ridge Code of Laws, regulating consolidation of lots for multi-unit development, is hereby amended as follows: D. Lots or parcels of land which are included in the Residential-3 (R-3) or Residential-3A (R-3A) zones and which are individually substandard for multi-unit or single-unit attached development, but which would meet the lot size and width requirement for single-unit or two-unit development, shall not be consolidated for the purpose of multi-unit or single-unit attached residential development unless the predominant adjacent land use is multi-unit or single- unit attached development of a similar density. Section 2. 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: Dwelling, live/work. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant, in compliance with the applicable building code definition and regulations of live/work. Dwelling, multiplemulti-unit. Three (3) or more dwelling units where each unit is attached to the other units either in a stacked configuration or a side-by-side configuration (refer to dwelling, single attached). Also referred to as multi-unit dwelling. A building containing three (3) or more dwelling units where each unit is attached to the other units, also referred to as a condominium or apartment. Dwelling, single-attached. A type of multi-unit dwelling that includes tThree (3) or more dwelling units where each unit is attached to other units by party walls, and where habitable spaces of different units are arranged side-by-side, rather than a stacked configuration. This can include, but is not limited to, townhomestownhouses with individual exterior entrances, also referred to as single-unit attached, townhouse, or row house. Section 3. The “Table of Uses - Residential” set forth in Section 26-204 of the Wheat Ridge Code of Laws, concerning uses in residential zone districts, is hereby amended as follows: Uses Notes R-1 R-1A R-1B R-1C R-2 R-2A R-3 R-3A Single detached dwelling P P P P P P P P Duplex dwelling P P P P Three-unit dwelling P P P ATTACHMENT 1 Four-unit dwelling Multi- unit dwelling or single- attached dwelling (up to 4 units) P P P Multi-unit dwelling or single-attached dwelling P P Section 4. Section 26-210.B (Residential-Two A District (R-2A)) of the Wheat Ridge Code of Laws is amended by clarifying the multi-unit dwelling category and an associated footnote to include single attached dwellings: 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, or single attached 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. ATTACHMENT 1 (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 or single-unit attached 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 5. Section 26-211.B (Residential-Three District (R-3)) of the Wheat Ridge Code of Laws is amended by clarifying the multi-unit dwelling category and an associated footnote to include single attached dwellings: 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, or single attached 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’ (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' ATTACHMENT 1 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) 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 or single-unit attached 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 6. Section 26-212.B (Residential-Three A District (R-3 A)) of the Wheat Ridge Code of Laws is amended by clarifying the multi-unit dwelling category and an associated footnote to include single attached dwellings: 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, or single attached 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' ATTACHMENT 1 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) 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, 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 nine hundred sixty (3,960) square feet of land area shall be required for each dwelling unit for multi-unit or single-unit attached 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 7. Section 26-312.E of the Wheat Ridge Code of Laws, concerning parking requirements for planned residential development (PRD) districts, is hereby amended as follows. ATTACHMENT 1 E.Parking. In accordance with section 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. In the event of conflict between the code requirements and the recorded planned development documents with respect to parking for multi-unit residential uses, the code requirements shall control. Section 8. Section 26-316.G of the Wheat Ridge Code of Laws, concerning parking requirements for planned mixed use development (PMUD) districts, is hereby amended as follows. G.Parking. In accordance with section 26-1109 or 26-501, otherwise as established by the outline development plan and as specifically detailed on an approved specific development plan or site plan. Allowances may be made for shared parking spaces if it can be demonstrated to the satisfaction of the person or approval body designated as having final approval authority that parking demand for different uses occurs at different times. New development within an existing planned development shall comply with current requirements for minimum EV parking requirements. To the extent the requirements of a planned development conflict with EV requirements, the EV requirements shall control. In the event of conflict between the code requirements and the recorded planned development documents with respect to parking for multi-unit residential uses, the code requirements shall control. Section 9. Section 26-417.E.2 of the Wheat Ridge Code of Laws, concerning requirements for construction of public improvements, is hereby amended as follows: E.Required street improvements. 1. … 2.Construction or payment-in-lieu. … a. … b.Multi-unit, single-unit attached, and non-residential. i. For any subdivision or development associated with multi- unit residential, single-unit attached, or non-residential land uses, the applicant shall be responsible for construction of public improvements based on current city standards. ATTACHMENT 1 Section 10. Section 26-501.E.2 (Table 6) of the Wheat Ridge Code of Laws, the Schedule of Required Off-Street Parking, is hereby amended as follows: Boarding and rooming house 1 space per guest room … Congregate care center 0.75 space per each bedroom plus 1 space for each employee on maximum shift … Multi-unit elderly housing, exclusively devoted for persons 60 years or older 1.25 spaces for each 1 bedroom unit 1.5 spaces per 2 bedroom unit if parcel is 1 acre or larger, or 1.75 spaces per 2 bedroom unit if parcel is less than 1 acre; 2.0 spaces per 3 bedroom unit; 2.5 spaces per 4 or more bedroom unit Multi-unit residential None. Parking is permitted, but no minimum number of spaces is required.1.5 spaces per 1 bedroom unit (0.75 spaces if deed-restricted affordable unit) 2.0 spaces per 2 or 3 bedroom unit (1 space if deed-restricted affordable unit) 2.5 spaces per 4 or more bedroom unit (1.25 spaces if deed-restricted affordable unit) Plus 1 additional space for each 10 spaces shall be required as designated visitor parking. Such visitor parking shall not be used by residents for personal parking nor for storage of utility or recreation vehicles. … New single-unit attached dwellings: 1 space per unit. The community development director shall have the authority to request that additional on-site visitor parking or loading areas be provided if there are no on-street parking spaces abutting the use or if the parking is predominately provided in private garages. New single- and two-unit dwellings: -With street parking 2 spaces per dwelling unit (including enclosed garage spaces) -Without street parking 4 spaces per dwelling unit (including enclosed garage spaces) … ATTACHMENT 1 Residential group homes for up to 14 persons, plus staff Single-unit dwelling requirement plus 1 space per employee on maximum shift Section 11. Section 26-501.E.4 of the Wheat Ridge Code of Laws, concerning bicycle parking requirements, is hereby updated as follows: E.Standards. 1. … … 4.Bicycle parking. a.Applicability. Bicycle parking as set forth in table 7 in subsection E.4.b below shall be required for all nonresidential, and multi-unit dwelling, and single-unit attached uses. Section 12. Section 26-501.E.9 (Table 8) of the Wheat Ridge Code of Laws, Accessible Parking requirements, is hereby updated as follows by the addition of a footnote: TABLE 8: Accessible Parking Total Number of Off-Street Spaces Required1 Number of Accessible Spaces 1-25 1 26-50 2 … >1,000 20 plus 1 for each 100 over 100 Footnotes: 1.For multi-unit residential uses, the number of ADA spaces shall be based on the number of provided parking spaces instead of the number of required spaces. 2.The number of ADA parking spaces required by this table shall be verified against the applicable adopted building codes and federal ADA regulations. Section 13. Section 26-501.E.13 (Table 12) of the Wheat Ridge Code of Laws, EVCS Requirements, is hereby updated as follows: TABLE 12: EVCS Requirements Building Code Category EV Capable EV Ready EVCS Installed EV Capable EV Capable Light ATTACHMENT 1 Single-unit, duplex, and single-unit attached (townhome) None None 1 per unit1 None Multi-unit residential3 10% 30% 15% 5% Multi-unit residential, 10 or fewer total parking spaces required provided3 10% 10% 15% None Commercial and institutional 10% 10% 8% 2% Commercial and institutional with 10 or fewer total parking spaces required None None 2 spaces None Industrial2 None 5% None 2% Footnotes: 1.For any dwelling unit with a dedicated attached or detached garage or other on-site designated parking provided for the dwelling unit. 2.Exclusive of warehouse and distribution space for which there is no requirement. 3.EV parking for multi-unit residential is based on the number of provided spaces, not the number of required spaces. If the number of provided parking spaces exceeds the total unit count, then EV parking shall not be required for those additional parking spaces. since no parking is required for multi-unit residential uses. Section 14. Section 26-501.G of the Wheat Ridge Code of Laws, concerning parking regulations for recreational vehicles and trailers, is hereby updated as follows: G.Residential parking. 1. … 2. … 3.Location of recreational vehicles and trailers. a. … … d.Miscellaneous recreational vehicle and trailer regulations. i. … ii. … iii. Parking of recreational vehicles and trailers on multi-unit dwelling property. The storage of recreational vehicles or trailers is permitted upon multi-unit dwelling residential ATTACHMENT 1 properties where the owner of the vehicle resides upon the premises, and where such vehicle or vehicles do not displace parking spaces required accessible parking spaces or loading areasto meet the minimum vehicular parking requirement for the property as set forth herein for multi-unit residential land uses. 4.Variances to residential parking standards. Any vehicle or trailer owner may apply for a variance to the restrictions contained in subsections 2.a, 3.a. and 3.b in accordance with the procedures for requesting a minoradministrative variance as provided in subsection 26-115.C.1, whether or not the requested variance is within the ten (10)fifty (50) percent limitation. Should objections be received from the adjacent property owners, the community development director shall schedule the request for a public hearing before the board of adjustment under Code Section 2-61. according to the noticing procedures contained in subsections 26-109.B, C and D. Any variance granted by either the community development director or the board of adjustment shall be a grant of the variance to the property owner only. Section 15. Section 26-621 of the Wheat Ridge Code of Laws is hereby repealed and the section number reserved. Section 16. Section 26-626 of the Wheat Ridge Code of Laws, concerning residential uses in commercial zones, is hereby amended as follows: D. Parking shall be supplied at the rate of one (1) space per dwelling unit, except that minimum parking is not required for multi-unit dwellings. Section 17. Section 26-709.B.2 of the Wheat Ridge Code of Laws, concerning definitions for permitted sign types, is hereby amended as follows: B.For the purposes of this article only, the following definitions shall apply. 1.Low density residential. Land use category for determining allowable signage, both permanent and temporary, for single detached and duplex dwellings. 2.Multi-unit residential. Land use category for determining allowable signage, both permanent and temporary, for residential uses with three (3) or more attached dwelling units, including single-unit attached dwelling uses. 3.Nonresidential. Land use category for determining allowable signage, both permanent and temporary, for all commercial, industrial and other nonresidential uses. Section 18. Section 26-710.J.6 of the Wheat Ridge Code of Laws, concerning sign standards for freestanding signs, is hereby amended as follows: J.Freestanding signs. 1. … … 6. For multi-unit dwelling uses, including single-unit attached dwellings: a…. … … Section 19. Section 26-1109.B of the Wheat Ridge Code of Laws, the table regulating parking requirements for mixed use zone districts, is hereby amended as follows by adding a new use group in the appropriate alphabetical location within the table and modifying existing use groups: Use Group Minimum Required Parking Maximum Allowed Parking Residential (single-unit detached, duplex, or single-unit attached) 1 space per unit 2.5 spaces per unit Residential, deed-restricted affordable (if single-unit detached, duplex, or single-unit attached) 0.5 spaces per unit or 0.25 spaces per unit if within ¼ mile of a fixed guideway transit station or bus rapid transit 2.5 spaces per unit Residential, multi-unit (including deed-restricted affordable) None. 2.5 spaces per unit Section 20. Section 26-1109.F of the Wheat Ridge Code of Laws, concerning transit parking reductions in mixed use zones, is hereby amended as follows: F. Transit parking reductions. Properties within the MU-C TOD sub-district may reduce minimum parking requirements by twenty (20) percent. This reduction shall not apply to deed-restricted affordable dwelling units governed by subsection B above. ATTACHMENT 1 Section 21. Section 26-1109.K of the Wheat Ridge Code of Laws, concerning visitor parking requirements, is hereby amended as follows: K. The community development director shall have authority to request that on- site visitor parking or loading areas be provided for single-unit attached uses if there are no on-street parking spaces abutting the use or if the parking is predominantly provided in private garages. Section 22. The “Permitted Uses” Chart set forth in Section 26-1111.B of the Wheat Ridge Code of Laws, concerning permitted uses in mixed use zone districts, is hereby amended as follows by the modification of an existing term: Permitted Uses Use Group MU-C MU-C Interstate MU-C TOD MU-N Residential Dwelling, multiplemulti-unit P P P P Section 23. Section 26-1119 of the Wheat Ridge Code of Laws, concerning definitions for mixed-use zone districts, is hereby amended as follows by removing definitions related to dwelling units: Dwelling, duplex. A building containing two (2) separate primary dwelling units attached by one (1) or more common walls in either a stacked configuration or side-by- side configuration. Also referred to as two-unit dwelling. Dwelling, live/work. A dwelling unit or sleeping unit in which a significant portion of the space includes a nonresidential use that is operated by the tenant, in compliance with the applicable building code definition and regulations of live/work. Dwelling, multiple. Three (3) or more dwelling units where each unit is attached to other units, where habitable spaces are arranged in a stacked configuration, and where a building includes a common public entrance but interior entrances to each unit. Dwelling, single attached. Three (3) or more dwelling units where each unit is attached to other units by party walls, and where habitable spaces of different units are arranged side-by-side, rather than a stacked configuration. This can include, but is not limited to, townhomes with exterior entrances. Dwelling, single detached. A single dwelling unit in a single building not attached to other buildings other than those accessory to the dwelling. Also referred to as single- unit dwelling. ATTACHMENT 1 ATTACHMENT 1 Section 24. Section 26-1407.F of the Wheat Ridge Code of Laws, Table 3, regulating parking requirements for the MU-LLC zone district, is hereby amended as follows by adding a new use group in the appropriate alphabetical location within the table and modifying existing use groups: Table 3: Parking Requirements Use Group Minimum Required Parking Maximum Allowed Parking Residential (if single-unit detached, duplex, or single-unit attached) 1 space per unit 2.5 spaces per unit Residential, deed-restricted affordable (if single-unit detached, duplex, or single-unit attached) 0.5 spaces per unit or 0.25 spaces per unit if within ¼ mile of a fixed guideway transit station or bus rapid transit 2 spaces per unit Residential, multi-unit (including deed-restricted affordable) None. 2.5 spaces per unit Section 25. Section 26-1407.M of the Wheat Ridge Code of Laws, concerning visitor parking requirements, is hereby amended as follows: M.The community development director shall have authority to request that on- site visitor parking or loading areas be provided if there are no on-street parking spaces abutting the use or if the parking is predominantly provided in private garages, except for multi-unit residential uses. Visitor parking shall be provided throughout the campus. Section 26. The “Permitted Uses within MU-LLC Overlays and Sub-Districts” chart (Table 5) set forth in Section 26-1410.B of the Wheat Ridge Code of Laws, is hereby amended as follows by the modification of an existing term: Table 5: Permitted Uses within MU-LLC Overlays and Sub-Districts Use Group Low- Density Overlay Sub-district 1 (outside of Low- Density Overlay) Sub- district 2 Sub- district 3 Sub- district 4 (outside of Low- Density Overlay) Residential Dwelling, multiplemulti-unit NP NP P P C ATTACHMENT 1 Section 27. 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 28. 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 29. Effective Date. This Ordinance shall take immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of June 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 June 23, 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 ATTACHMENT 1 First Publication: June 10, 2025 Second Publication: June 24, 2025 Effective Date: June 23, 2025 Jeffco Transcript and www.ci.wheatridge.co.us ITEM NUMBER: 4 DATE: June 9, 2025 REQUEST FOR CITY COUNCIL ACTION COUNCIL BILL No. 12-2025 AN ORDINANCE AMENDING SECTION 26-502 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PROCEDURAL UPDATES TO LANDSCAPING REQUIREMENTS ☐PUBLIC HEARING ☐BIDS/MOTIONS☐RESOLUTIONS ☒ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: This ordinance amends Section 26-502 of the Wheat Ridge Code of Laws to update landscaping requirements to correct minor discrepancies in the city’s regulations and to codify a policy related to calculating maximum allowable limits of irrigated turf and non-living materials. PRIOR ACTION: City Council discussed the proposed code amendment at its March 17, 2025, study session. Planning Commission reviewed the ordinance at a public hearing held on May 15, 2025, and recommended approval by a vote of 8 to 0. The draft Planning Commission minutes will be included with the Council Action Form for second reading. FINANCIAL IMPACT: The proposed ordinance is not anticipated to have a direct financial impact on the city. BACKGROUND: The city’s landscaping regulations were updated in August 2024 which included a full repeal and reenactment of Section 26-502 (Landscaping, buffering, and open space). This ordinance was also called the “Waterwise ordinance” and some regulations within the ordinance were created to address the state’s regulations regarding nonfunctional Council Action Form – Landscaping Updates June 9, 2025 Page 2 turf and limits on artificial turf from Senate Bill (SB) 24-005, which takes effect January 1, 2026. Upon approval of the Waterwise ordinance, staff noticed that there were some minor discrepancies between the city’s regulations, the state regulations, and different chapters of the code. These discrepancies were largely addressed in the MU-LLC regulations ordinance approved by City Council in January 2025, which included conforming amendments to clarify the locations where artificial turf is permitted. However, these conforming amendments did not make updates to Section 26-502. Additionally, the Waterwise ordinance did not explicitly state how the maximum allowable limits for irrigated turf and non-living materials/features shall be applied to landscaping provided in excess of the required minimums. To provide for consistent application of maximum allowable requirements, staff adopted an administrative policy, which is best practice to codify. The stated maximum allowances for irrigated turf and/or non-living material shall be applied to the total landscaping provided, whether at the minimum or in excess of the minimum area requirements. Not only will this maintain the intent of reducing or minimizing outdoor water use in the landscape and maintain an appropriate level of landscape coverage, it will also simplify the inspection and enforcement processes for staff. Summary of Proposed Code Amendment The ordinance makes the following changes: •Updates 26-502.E (Table 3) to add a footnote describing how the maximum percentages are applied. •Updates 26-502.E.2 to align the artificial turf requirements with the mixed-use code and Lutheran code. •Adds the term “single-unit attached” to clarify when regulations apply to townhouse development. RECOMMENDATIONS: 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. RECOMMENDEDS MOTION: “I move to approve Council Bill No. 12-2025, an ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements, on first reading, order it published, public hearing set for Monday, June 23, 2025, at 6:30 p.m. as a virtual meeting and in City Council Chambers, and that it takes effect immediately after final publication.” Council Action Form – Landscaping Updates June 9, 2025 Page 3 Or, “I move to postpone indefinitely Council Bill No. 12-2025, an ordinance amending Section 26-502 of the Wheat Ridge Code of Laws concerning procedural updates to landscaping requirements, 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. 12-2025 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER Council Bill No. 12 Ordinance No. 1825 Series of 2025 TITLE: AN ORDINANCE AMENDING SECTION 26-502 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING PROCEDURAL UPDATES TO LANDSCAPING REQUIREMENTS 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 revised regulations for landscaping requirements by repealing and replacing Section 26-502 of the Code of Laws in August 2024; and WHEREAS, city staff have recommended a minor procedural amendment to the landscaping regulations based on experience administering the new Section 26-502 over the past several months; and WHEREAS, minor discrepancies were discovered in the Code related to regulation of permissible locations and quantities of artificial turf, which also conflict with state legislation regarding artificial turf; and WHEREAS, the Council finds this ordinance is necessary to remove the identified conflicts and to provide clarity to staff and the public. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 26-502.E (Table 3) is hereby amended to add a new footnote (d), to read: ATTACHMENT 1 ATTACHMENT 1 Section 2. Subsection 26-502.E.2 of the Wheat Ridge Code of Laws concerning artificial turf requirements is hereby amended to read: E.Landscape requirements by use. … … 2. Multi-unit residential, single-attached residential, and nonresidential uses: Table 3. Landscape Requirements by Use Minimum Required Landscape Area Trees within front setback(a) On-site trees and shrubs(b) Maximum Irrigated Turf(d) Maximum Non-living Material & Features(d) Residential Uses (All Zone Districts except Mixed-Use) (c) Single Detached and Duplex Uses 25% of the gross lot area and 100% of the front yard 1 shade tree per 70 linear feet of street frontage, to be placed within the front setback N/A 50% 2/3 of the front yard Multi-Unit Residential Uses and Single-Unit Attached Uses 30% of total lot area; 100% of front yard, excepting pedestrian and vehicular access 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area 30% 50% Nonresidential Uses Zoned Commercial 20% of gross lot area 1 tree per 30 feet of street frontage 1 tree and 10 shrubs per 1,000 SF of required landscape area 30% 50% Zoned Industrial 15% of gross lot area All Other Zone Districts 20% of gross lot area Zoned Mixed Use(c) See Article XI, or Article XIV for MU-LLC Notes: (a) Trees provided in the building front setback shall not replace any requirements for street trees established in the Streetscape Design Manual. Where a build-to is required pursuant to the Architectural and Site Design Manual, trees within the front setback are not required. (b)In addition to trees required within the front setback, on-site trees and shrubs shall be provided. (c)The landscape requirements of this table do not apply to mixed-use zones. Refer to section 26-1110, or section 26- 1409 for MU-LLC. (d)The stated maximum percentages shall be applied to the total landscaping provided, whether the total landscaping provided is at the minimum or in excess of the minimum area requirements. ATTACHMENT 1 … g.Artificial turf. i.Artificial turf is permitted in limited circumstances, as follows: a)Sport and play areas specifically designed for athletic purposes including but not limited to athletic fields of play, playgrounds, gaming areas, and dog runs. b)Private fenced side and rear yards of single- attached dwellings, such as townhomes, up to a maximum of four hundred (400) square feet per dwelling unit. c)The location shall be approved through a site plan application, civil construction documents, site work permit, or building permit, whichever is applicable, and permeability shall be accounted for in drainage plans. The area may be credited towards non-living landscape area.The only use of artificial turf that qualifies as landscape materials (non-living) is for athletic fields of play. Other uses of artificial turf, including playgrounds, gaming areas, and dog runs, shall not qualify as landscaping. ii. Artificial turf is prohibited in the following locations: a)Required landscape buffer areas. b)Areas owned and/or maintained by owners’ associations, except where used for athletic fields of playpurposes. c)On commercial, industrial, and institutional properties, except where used for athletic fields of playpurposes. Section 3. Subsection 26-501.F.1 of the Wheat Ridge Code of Laws, concerning process for review of landscaping plans, is hereby amended to read: F.Process. 1.Landscape plan. A landscape plan shall be submitted with the required development plan or building permit for (1) all single-unit detached or duplex residential development with common area tracts or easements; (2) all multi-unit and single-unit attached residential development; and (3) all nonresidential development. The plan shall include: … ATTACHMENT 1 Section 4. 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 5. Severability, Conflicting Ordinances Repealed. If any section, subsection, or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 6. Effective Date. This Ordinance shall take effect immediately after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of __ to __ on this 9th day of June 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 23, 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: June 10, 2025 Second Publication: June 24, 2025 Effective Date: June 23, 2025 Jeffco Transcript and www.ci.wheatridge.co.us ITEM NUMBER: 5 DATE: June 9, 2025 REQUEST FOR CITY COUNCIL ACTION MOTION TITLE: MOTION APPROVING THE SELECTION OF PUBLIC ART TITLED, “FUN, FUN, FUNGI” BY DAVID FARQUHARSON OF FARHORIZON STUDIO LLC TO BE INSTALLED AT THE GREEN AT 38TH PROJECT SITE ☐PUBLIC HEARING☒BIDS/MOTIONS ☐RESOLUTIONS ☐ORDINANCES FOR 1st READING ☐ORDINANCES FOR 2nd READING QUASI-JUDICIAL ☐YES ☒NO ISSUE: The Green at 38th project includes funding for public art. The process for selecting public art is defined in the Public Art Management Plan. Per this process, a public art piece called “Fun, Fun, Fungi” has been commissioned. David Farquharson’s proposal was selected by an appointed committee for recommendation to the Cultural Commission. The Cultural Commission reviewed the proposal and per the defined process would like to make a recommendation to City Council for acceptance and purchase. The purchase price of $60,000 includes design, construction, installation, and documentation. PRIOR ACTION: The Cultural Commission recommended purchase of the art pieces on May 14, 2025. City Council adopted the Public Art Management Plan on July 22, 2002. FINANCIAL IMPACT: The cost for this acquisition is $60,000. The funds for this purchase are appropriated in the 2025 Public Art Fund in the amount of $60,000. BACKGROUND: The policies and procedures for this selection are based on the Public Art Management Plan adopted by the Wheat Ridge City Council. The public art selection committee included a Cultural Commission representative, a community representative, a visual artist, an elected representative, a City staff representative, and one site/design agency Council Action Form – Green at 38th Public Art Selection June 9, 2025 Page 2 representative, and the project manager associated with the Green at 38th project. The call for artists was open to all artists, with preference given to Colorado artists. The public art selection committee was open to various types of art, excluding only murals due to site constraints. Specifically, the group was hoping for submissions that were colorful, kid-friendly, functional, with a lighting component for an evening presence. Four finalists presented their ideas to the public art selection committee, and the group unanimously selected “Fun, Fun, Fungi” by David Farquharson. The installation will include multiple, colorful mushroom sculptures throughout the park. They will be placed in planter beds and lit at night. The proposal included an element of youth engagement with Stevens Elementary students, creating an identity/story for each of the mushrooms. The artist, David Farquharson, met with the Green at 38th project team to specify locations for the art, in the event that this selection is approved by City Council. Electrical requirements needed to be considered at an earlier date to align with the project timeline. The Cultural Commission unanimously supported the selection of “Fun, Fun, Fungi” during their May 14th meeting. The final step is City Council approval. RECOMMENDATIONS: The Cultural Commission recommends approval of the purchase of “Fun, Fun, Fungi” by David Farquharson for placement at the Green at 38th project site. RECOMMENDED MOTION: “I move to approve the selection of public art titled “Fun, Fun, Fungi” by David Farquharson of Farhorizon Studios LLC to be installed at the Green at 38th project site.” Or, “I move to not approve the selection of public art titled “Fun, Fun, Fungi” by David Farquharson of Farhorizon Studios LLC to be installed at the Green at 38th project site for the following reason(s).” REPORT PREPARED/REVIEWED BY: Karen A. O’Donnell, Parks & Recreation Director Patrick Goff, City Manager ATTACHMENTS: 1. Green at 38th Art Selection Presentation Wheat Ridge Public Art The Green at 38th Presentation to City Council: June 9, 2025 Kendall Peterson, ThereSquared LLC ATTACHMENT 1 Agenda •The Green at 38 th Public Art Overview •Selection Process Overview •Artist Proposals and Finalist Selection •Next Steps •Questions The Green at 38th: Project Overview Following delays from the Covid pandemic, the final design was completed in 2024, and construction is nearly complete. The new park design will not only improve the Stevens Elementary parking lot but reconfigure this civic space to maximize space for a more formal stage at one end and foster activities and connection this popular event area. More amenities, like a playground, a promenade for pedestrians and food trucks, and a community patchwork wall are also planned. The “patchwork” design is a reference to Wheat Ridge's agricultural history and the patchwork appearance of small farms as viewed from the sky. This theme is also a reference to the variety of cultural events and activities that have taken place in this space for well over a century. Project Purpose and Goals Wheat Ridge began public engagement in 2018 on a project to transform the area between Stevens Elementary and 38th Ave into a future public gathering space. Project Purpose and Goals Selection Panel Cultural Commissioner Representative:CELIA DALY Community Representative LUCIA DESO Visual Artist MELINDA VALENTINI City Staff Member PATRICK GOFF Elected Representative/City Council RACHEL HULTIN Site/Design Agency Rep MARK TAYLOR Project Manager KAREN O’DONNELL Selection Process Overview Request for Qualifications: Criteria •All artists: Colorado artists receive preference •Locations: anywhere except promenade •Types: functional, kid oriented, multiples, colorful, lighting for night. •$60,000 USD total for artwork . December 14, 2025 Orientation meeting December 26, 2025 Call for Entry Open January 27, 2025 Deadline for submissions February 7, 2025 Committee Review Applications / Semi-Finalists selected April 14-15, 2025 Semi-Finalists Proposals/Interviews May 14, 2025 Cultural Commission approval June 9, 2025 Presentation to City Council; Contracting begins Fall ‘25 or Spring ‘26 Installation Short-Listed Artist: Terrence Martin, “Patchworks” •Seating elements inspired by Wheat Ridge Short-Listed Artist: Terrence Martin, “Patchworks” •Comments/Discussion •Colorful •Functional •Actually liked the carnations •Multiples •Not fond of wheat •Concern about weights/access •Like connection to site and community Short-Listed Artist: Peter Hazel, “Columbine” •Mosaic •Single element Short -Listed Artist: Peter Hazel Comments/Discussion •Prefer other animal work •Beautiful mosaic work •No lighting •Single moment •Not sure about Columbine connection •Perhaps 2 separate instead of solo? Short-Listed Artist: Justin Diester, Untitled •Options included: Blocks, Symbols with riddles, and alphabet sculptures. Short-Listed Artist: Justin Diester Untitled •Appreciate artwork that engages kids •Colorful and multiple elements •Alphabet=26 sculptures •Concerns about materials and maintenance •Not sculpturally interesting Winning Proposal: David Farquharson “Fun, Fun, Fungi” •Multiple mushroom sculptures throughout the park •Colorful, small elements •Lit at night •Placed in planter beds •Engages the kids at school to create back stories on the different fungi Winning Proposal: “Fun, Fun, Fungi” Proposed Lighting Winning Proposal: David Farquharson “Fun, Fun, Fungi” •Over a dozen works in planters throughout the park •2-3 feet high; 2-4 feet diameter; lit at night •Different shapes and colors •Unanimous approval for the “Fun, Fun, Fungi” proposal •Colorado artist! •Multiples that will add to night presence “Chihuly” •Low maintenance •Engages the kids to create a story about the sculptures •Friendly, fun and nothing you have ever seen before. •Samples great for color ideas, but not effective David Farquharson: Next Steps •May 14 received unanimous approval from Cultural Council •June 9, City Council review and approval •Contract •Design Phase: placement and revisions to proposed artwork •Engineering •Fabrication •Installation 2025 -6? Questions or Comments? Kendall Peterson ThereSquared LLC 303-902-1600 Kendall@theresquareddenver.com