Members of the public may comment here on any matter *NOT* appearing on the meeting agenda. To comment on an agenda item, please select the respective agenda item and comment on that page.

The City’s current three-year Microsoft Enterprise Agreement expires on September 30, 2023. This three-year renewal continues the City’s subscription of Office 365 (including Exchange, SharePoint, OneDrive, and Teams), inclusive of implementation and support. Due to the COVID-19 emergency and the increase in remote workers, staff recommended migrating to Microsoft’s cloud computing solution with Office 365 and Teams with this renewal. During the cyber-incident recovery, staff completed the move from on-premises systems to the Microsoft 365 environment. Office 365 and Teams enables staff to collaborate remotely to a greater degree.

A project to replace the Recreation Center’s heat recovery units (HRUs) was included in the 2023 budget. The scope of the proposed project was developed by the Facilities staff with evaluation by an external mechanical engineer. Six heat recovery units will be replaced with new, energy efficient units through this project. Due to the long lead time to manufacture the units, installation will not occur until the spring of 2024. Staff recommends awarding a contract to Reliant Mechanical Services, LLC of Denver, Colorado in the amount of $1,250,000 plus a staff-managed contingency of $62,500 for a total not-to-exceed amount of $1,312,500.

A project to update the Courts administrative area was budgeted several years ago. The scope of the proposed project was developed by the Facilities staff in consultation with Courts staff. New flooring, painting, and lighting will be installed as well as modification to the two transaction windows where staff assists patrons to make them more functional and ADA accessible. New office furniture will be provided through a separate contract. Staff recommends awarding a contract to Seven Point Construction, Inc. of Centennial, Colorado in the amount of $121,700 plus a staff-managed contingency of $24,340 for a total not-to-exceed amount of $146,040.

A project to update the Courts administrative area was budgeted several years ago. The scope of the proposed project was developed by the Facilities staff in consultation with Courts staff. New flooring, painting, and lighting will be installed as well as modification to the two transaction windows. New office furniture will also be procured and installed for the space, through this contract. The furniture and appurtenances are being purchased through OfficeScapes, Inc. in accordance with the cooperative purchasing contract for Steelcase materials through Sourcewell. Staff recommends awarding a contract to OfficeScapes, Inc. of Denver, Colorado in the amount of $83,772.34 plus a staff-managed contingency of $4,188 for a total not-to-exceed amount of $87,960.34.

The applicant is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial Interstate (MU-C Interstate) for the property at 4735 Kipling Street. The applicant is the property owner. The purpose of the zone change is to enable reinvestment by allowing a wider range of uses, encouraging a better utilization of land, and ensuring high quality urban design. The applicant intends to repurpose the existing buildings for multi-unit apartments.

The proposed ordinance updates Chapter 2 and Chapter 26 of the Code of Laws to revise the City’s subdivision and development review requirements. The ordinance accomplishes three main goals: 1) to prioritize meaningful public engagement and education intended to inform the public of impactful subdivision applications, 2) to reduce reliance on public hearings when the proposed uses and designs are permitted by the underlying zoning, and 3) to reduce duplication and unnecessary cross-references within the Code to ensure it is easy to understand and administer.

The City’s code regarding the taxation of basic local telecommunication services requires revision. The current code is based on the false premise that Lumen (formerly US West, Qwest, and Century Link) is still the primary provider of telephone lines in the City. Based on this premise, competitors are charged a per line rate computed from Lumen’s number of lines and the flat occupation tax paid by Lumen per ordinance 1997-1072. Due to the rapid decline of land lines provided by Lumen, the per line charge to other providers has risen substantially. Furthermore, the current code is confusing as to how cellular lines are treated from a taxation perspective. The types and means of delivery of telecommunication services has evolved significantly since the City enacted its telecommunication occupation tax code in 1997. The current code does not reflect the status of the telecommunications industry nor is it consistent with Wheat Ridge’s municipal neighbors. Staff recommends an update to the tax code to ensure equity, simplicity, revenue preservation and ease of administration for both telecommunication providers and City staff.

The Parks and Recreation Department wishes to submit three applications to the Jefferson County Open Space Trails Partnership Program to request funding for three trail projects across the city. A City Council resolution of support is required for the applications.

On July 5, 2023, Kristi Davis from District II resigned from the Wheat Ridge Urban Renewal Authority d/b/a Renewal Wheat Ridge, effective immediately. The vacancy was posted for a term of four weeks on the City of Wheat Ridge website and promoted through various channels from July 17-August 11. Appointments to the Authority are made by the Mayor, subject to approval by a majority vote of the entire City Council. There is one applicant from District II, who newly applied, and two applicants from other districts who applied in January during the regularly scheduled reappointment process. If, after reasonable advertisement, no applications are received from residents within the relevant City Council district vacancy on the Authority, any otherwise qualified resident of the City may be appointed.

The City was awarded a Revitalizing Main Streets grant from the Colorado Department of Transportation (CDOT) in the amount of $70,000 to reconstruct the sidewalk on the south side of 38th Avenue at Reed Street and install an enhanced crosswalk across 38th Avenue on the east side of Reed Street. The full cost of the project, $85,126, exceeds the grant amount. A supplemental budget appropriation is required to accept and appropriate the grant and supplemental in the 2023 budget.

In 2022, the City was awarded federal funding through the State of Colorado Department of Early Childhood’s Child Care Stabilization and Workforce Sustainability grant program for the Sun Camp and Licensed Preschool childcare program through June 30, 2023. The Department of Early Childhood has offered additional grant funding in the amount of $37,586.79 for these programs through September 30, 2023. A resolution approving a supplemental budget appropriation is required to accept and appropriate this additional grant funding.

A contract was previously awarded to David Evans & Associates, Inc. (DEA) for the 32nd Avenue Bike Lanes project. After the contract award, the City received a transportation improvement (TIP) grant providing additional construction funding and the ability to provide better bike/ped facilities for the westbound direction. The TIP grant federalizes the process and increases the environmental clearance process. An amendment to the 32nd Avenue Bike Lanes contract with DEA, in the amount of $132,868, is being presented for consideration to includethe additional design and environmental work associated with the TIP grant.

A contract for the repair of the Recreation Center parking lot was approved by City Council in June 2023 in the amount of $485,900.72 plus a staff-managed contingency of $48,500 for a total not-to-exceed contract amount of $534,400.72. Staff is requesting that the contingency amount be increased by an additional $55,000 to account for additional work on the project that has been identified since contract award. Specifically, the project would install additional ADA-accessible parking stalls, enhanced striping for electrical vehicle parking, and drainage improvements along the rear access road to the facility. This would increase the total not-to-exceed amount of the contract to $589,400.72.

On October 25, 2021, City Council passed ordinance 1723, adding a new article XIV to Chapter 11 and updating use schedules in Chapter 26 of the Wheat Ridge Code of Laws to establish a hotel licensing program. Sec. 11-569 of the Code requires Council to review the implementation of the ordinance on or before June 30, 2023, and every 18 months thereafter. Council conducted a review of the ordinance on June 12, 2023, and provided consensus for some updates to the Wheat Ridge Code of Laws.

On July 17, 2023, City Council directed staff to move forward with a ballot question for the November 2023 election to extend the City’s one-half of one cent (0.50%) sales and use tax for 20 years and to issue debt to finance up to $75 million in public infrastructure improvements. These improvements would include sidewalk, bike lane and street improvements along primary street corridors, sidewalk gap construction and other sidewalk maintenance along major pedestrian corridors and routes to schools and drainage and floodplain infrastructure improvements at priority locations in the City. To include this question on the 2023 ballot, the City Council must set the final ballot language and submit it to the Jefferson County Clerk and Recorder by September 8th. Setting the ballot language by ordinance requires a first reading on August 14th and a second reading and public hearing on August 28th to meet this deadline. The attached ordinance accomplishes this.

The City owns the former Bank of the West property at 7575 W. 44th Avenue and is proposing a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C). The zone change will result in a zoning that matches surrounding zoning and enables redevelopment of the site by expanding permitted uses.

The proposed ordinance updates Chapter 2 and Chapter 26 of the Code of Laws to revise the City’s subdivision and development review requirements. The ordinance accomplishes three main goals: 1) to prioritize meaningful public engagement and education intended to inform the public of impactful subdivision applications, 2) to reduce reliance on public hearings when the proposed uses and designs are permitted by the underlying zoning, and 3) to reduce duplication and unnecessary cross-references within the Code to ensure it is easy to understand and administer.

In 2022, the city worked with its respective Senators and House Representative to obtain an additional $4 million in federal funding for the Improve Wadsworth Project. This funding, approved in December 2022, is via congressionally directed spending (CDS) through the Highway Improvement Program within the Fiscal Year 2023 omnibus funding bill. An amendment to the Intergovernmental Agreement (IGA) with the Colorado Department of Transportation (CDOT) is necessary to add these funds to the project budget.

Councilmembers Hoppe and Dozeman requested to add to a future study session a presentation from the Lutheran Medical Center Foundation. Kathie Repola, ExecutiveDirector of the Foundation, will be at the August 21 study session to provide suchpresentation.

Addressing housing affordability is one of the City’s and State’s most pressing issues. Colorado voters enacted Proposition 123 in 2022 that will make several hundred million dollars available for affordable housing statewide starting in late 2023. For a project to be eligible for these funds in Wheat Ridge, the City must file a commitment to increase its supply of affordable housing over the next three years to the State of Colorado, Division of Housing. This commitment is due by November 1, 2023.

The City of Wheat Ridge is requesting approval of a zone change from Commercial-One (C-1) to Mixed Use-Commercial (MU-C) for the property at 7575 W. 44th Avenue. The City currently owns the property and will be transferring the land to Foothills Regional Housing. The zone change will result in a zoning that encourages revitalization and redevelopment of the site. Foothills Regional Housing intends to incorporate the site for a future expansion of the Ives development.

The proposed ordinance updates Chapter 2 and Chapter 26 of the Code of Laws to revise the City's development review requirements, focused on subdivisions. The ordinance is intended to: 1) prioritize meaningful public engagement and education intended to inform the public of impactful subdivision applications, 2) to reduce reliance on public hearings when the proposed uses and designs are already permitted by the underlying zoning, and 3) to reduce duplication and unnecessary cross-references in the Code to ensure it is easy to understand and administer.

MOTION TO AWARD THE 2023 MILL AND OVERLAY PROJECT TO MARTIN MARIETTA MATERIALS, INC. OF LAKEWOOD, COLORADO, AND APPROVE SUBSEQUENT PAYMENTS IN THE AMOUNT OF $1,969,977.80, WITH A CONTINGENCY AMOUNT OF $157,598.20, FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $2,127,576.00

RESOLUTION 39-2023 – A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE PRODUCTION OF A MAILED TABOR NOTICE CONCERNING BALLOT ISSUES AND THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 7, 2023

COUNCIL BILL NO. 18-2023 - AN ORDINANCE APPROVING THE SALE OF CERTAIN PROPERTY OWNED BY THE CITY LOCATED AT 7575 W. 44TH AVENUE

COUNCIL BILL NO. 19-2023 – AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 4735 KIPLING STREET FROM COMMERCIAL-ONE (C-1) TO MIXED USE-COMMERCIAL INTERSTATE (MU-C INTERSTATE) (CASE NO. WZ-23-05)

COUNCILBILL NO. 20-2023 - AN ORDINANCE AMENDING SECTIONS 11-561, 11-566 AND 26-114 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING THE HOTEL LICENSING PROGRAM

COUNCIL BILL NO. 21-2023 – AN ORDINANCE GIVING NOTICE OF AND CALLING FOR SUBMITTING A BALLOT QUESTION AT THE CITY’S REGULAR NOVEMBER 7, 2023, ELECTION CONCERNING THE ISSUANCE OF DEBT AND AN EXTENSION OF THE EXPIRING SALES AND USE TAX OF ONE-HALF OF ONE CENT (0.50%) TO PAY SUCH DEBT; AND OTHER MATTERS RELATED THERETO

The Arc Thrift in Wheat Ridge opened in March 2023. Staff from The Arc would like to share more about their organization and how The Arc and the City can work together encourage Wheat Ridge to be a fully inclusive place where people with disabilities are welcome and valued members of the community.

The City of Wheat Ridge has seen an exceptional increase in the desire to join City Boards and Commissions. Recognizing this, Council requested the City’s Boards and Commissions Code be studied to provide greater opportunities for interested residents, streamline the board application process, and allow residents to serve on multiple boards. Additionally, Staff has included an analysis of several other related changes for the Council to review and consider.

Staff requests consensus from the City Council to determine the scope of work, structure, budget, implementation timeline and title of a diversity, equity, and inclusion focused advisory committee.

Each year, the city identifies a proposed list of vehicle replacements within the city fleet. In 2023, 16 vehicles were identified for replacement. Staff recommends the purchase of the following vehicles under various State of Colorado Purchase Agreements: • One (1) 2024 Chevrolet Silverado 3500HD Pickup Truck with traffic control equipment • One (1) 2024 Chevrolet Silverado 2500HD Pickup Truck with long bed • Two (2) 2024 Chevrolet Silverado 2500HD Pickup Trucks with standard beds The total price of the four vehicles is $216,559. Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for the operation of the new vehicles along with the installation of lighting, markings, and auxiliary snow removal equipment at a total additional cost of $40,000. Therefore, the total requested amount is $256,559. The funds for these purchases are budgeted in the 2023 Public Works Department budget for fleet replacement.

The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expired on June 30, 2023.

Members of the public may comment here on any matter *NOT* appearing on the meeting agenda. To comment on an agenda item, please select the respective agenda item and comment on that page.

The Community Partners Grant Program Committee is presenting its annual funding recommendations to City Council. The Committee is seeking consensus to include the program recommendations in the 2024 City Budget.

Natural hazards in Jefferson County and the City of Wheat Ridge have historically caused significant disasters resulting in damage to property and natural resources, and in some instances, loss of life. Undertaking hazard mitigation actions in accordance with a multi-hazard mitigation plan reduces the potential for harm to people and property from future hazard occurrences. Council adopted the current Jefferson County Multi-hazard Mitigation Plan (MHP) on November 8, 2021. The Federal Disaster Mitigation Act of 2000 requires that an annual report be completed as a condition of future funding for mitigation projects under Federal Emergency Management Agency (FEMA) pre- and post-disaster mitigation grant programs. The City of Wheat Ridge has made progress on some actions and has fully participated in the annual report of the 2021 Jefferson County Multi-hazard Mitigation Plan.

The City’s Home Rule Charter provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expired on June 30, 2023.

A contract was previously awarded to HDR Engineering, Inc. for design services during construction and to serve as the Engineer of Record for the Improve Wadsworth project. In December 2022, the City Council authorized an amendment to the construction contract for additional work between 35th and 41st Avenues, also referred to as Phase II construction. Design support services will be needed from HDR during the construction of this additional work. Additional funding is also required to account for design efforts associated with Phase I construction. An amendment to the Phase III contract with HDR, in the amount of $148,827.86, is being presented for consideration to include this required work.

This requested action proposes amending the existing contract with the design consultant, SEH, to provide additional services for two projects in the Ward Station area. Specifically, the Ward TOD (Transit Oriented Development) Multimodal Project consists of construction of a pedestrian bridge, plazas, and trail improvements in the Ward Station area. After beginning the environmental work for this project, several additional tasks were identified by the design consultant that are beyond the scope of work previously authorized. In addition, staff wishes to re-start the 52nd Avenue pedestrian connection to finalize design in the next year. A budget supplemental is needed to provide funding for these unbudgeted expenses in the amount of $95,000.

The City purchased the Bank of the West property located at 7525 W. 44th Avenue in January 2021 for right-of-way required for the Improve Wadsworth project. After the necessary right-of-way was dedicated for the Wadsworth project, a remnant parcel of 15,435 square feet and a structure remains. Foothills Regional Housing (FRH) has made a request to the City to contribute this parcel for inclusion into The Ives affordable housing development project.

The Wheat Ridge Recreation Center opened in February 2020. Significant repairs to the parking lot are currently required. Due to the poor soils underlying the parking lot, staff completed an analysis and determined that a major rehabilitation, consisting of a mill and overlay treatment, would be more cost-effective than complete reconstruction of the parking lot. One bid was received for this work in response to an Invitation to Bid. The bid was in line with the Engineer’s Estimate for the work. Therefore, staff recommends awarding a contract to the lowest responsive bidder, Sunland Asphalt and Construction, LLC of Littleton, Colorado in the amount of $485,900.72 plus a staff-managed contingency of $48,500.00 for a total not-to-exceed amount of $534,400.72.

City staff worked with Denver Urban Gardens (DUG) to create a Food Forest at Happiness Gardens, which was dedicated on May 5, 2023. The agreement details the ongoing relationship between the City and DUG related to the Food Forest, and the responsibilities of each entity.

The City of Wheat Ridge received $523,551 from the sale of the Denver Broncos Football Club. The funds must be used for “youth activity programs” within the Wheat Ridge community. Staff presented a variety of options to youth community members and requested feedback regarding their preferences. This request is for approval of a contract with GameTime in the amount of $384,662.99 for a playground to be installed at Anderson Park.

The City of Wheat Ridge has received an allocation of $1,970,630 for the purpose of issuing Private Activity Bonds (PABs) in 2023 under the state ceiling imposed by the Tax Reform Act of 1987. Staff recommends assigning the City’s allocation to Foothills Regional Housing which has agreed to issue PABs for The Ives affordable housing project at the corner of 44th and Wadsworth Boulevard.

The proposed ordinance makes necessary updates to Article XI of Chapter 26 of the Code of Laws specifically to update and clarify development requirements for mixed use zone districts. The ordinance seeks to modernize portions of the mixed-use code, to provide better clarity and organization for easier administration, and to establish standards that were not included in the original regulations.

The proposed ordinance reduces minimum parking requirements for deed-restricted affordable dwelling units in multi-unit residential zones and in mixed-use zones, including transit-oriented development (TOD) areas.

Jade Arocha, Polco’s Director of Survey Research, will be presenting the 2023 Resident Survey Report to City Council. The purpose of this presentation is to highlight data and findings from the most recent survey. The survey serves as the City’s “consumer report card” and is an information tool for the City to measure its performance. The survey encompasses best practices and is a statistically valid sampling of 4,500 households in the City. The Wheat Ridge Resident Survey was last administered in 2021. Following this presentation, the survey results will be posted on the City website. Additionally, the City will include the results of the survey in the upcoming edition of the Connections newsletter.

Based on a relatively small population, Wheat Ridge is not independently eligible for a direct allocation of Community Development Block Grant funds from the federal Department of Housing and Urban Development. Instead, the City has a longstanding partnership with Jefferson County whereby the County and its smaller jurisdictions collectively are eligible for these federal funds. This partnership is memorialized in an intergovernmental agreement which has been in place since 2011. The purpose of this resolution is to approve a fourth amendment to the agreement which modifies language in compliance with federal requirements.

City staff worked with Denver Urban Gardens (DUG) to create a Food Forest at Happiness Gardens, which was dedicated on May 5, 2023. The agreement details the ongoing relationship between the City and DUG related to the Food Forest, and the responsibilities of each entity.

The City of Wheat Ridge received $523,551 from the sale of the Denver Broncos Football Club. The funds must be used for “youth activity programs” within the Wheat Ridge community. Staff presented recommendations based on youth feedback at the June 5th study session. This resolution will appropriate the stadium district funds for this project(s).

On May 7, 2023, Nancy Dragani, an At-Large member of the Cultural Commission resigned her position effective immediately. The vacancy was posted for a term of two weeks on the City of Wheat Ridge web site and promoted through various channels from May 8 to May 21. Applications have been compiled for the City Manager’s review so that the seat can be filled.

On July 11, 2022, City Council amended Section 17-52 of the Wheat Ridge Code of Laws to permit the use of assisted mobility devices in conservation areas by persons with disabilities. Subsequently, it was determined additional sections of the Code should have also been amended, as well, to address this same issue. This ordinance will amend Section 17-36 to address the use of mobility devises in conservation areas.

This ordinance will repeal Sections 16-84 and 16-87 and amend Section 16-89 of the Wheat Ridge Code of Laws to conform with the recent Supreme Court ruling in New York State Rifle & Pistol Association, Inc. v. Bruen, concerning weapon offenses.

The proposed ordinance makes necessary updates to Article XI of Chapter 26 of the Code of Laws specifically to update and clarify development requirements for mixed use zone districts. The ordinance seeks to modernize portions of the mixed use code, to provide better clarity and organization for easier administration, and to establish standards that were not included in the original regulations.

The proposed ordinance reduces minimum parking requirements for deed-restricted affordable dwelling units in multi-unit residential zones and in mixed-use zones, including transit-oriented development (TOD) areas.

The proposed ordinance allows day care centers in Neighborhood Commercial (NC) and Restricted Commercial (RC) zone districts, updates the code to align with State regulations, provides cross-references in the zone district use chart for home-based day care which are allowed as home occupations, and permits day care centers at institutional properties in residential and agricultural zone districts. The ordinance is intended to reduce barriers to opening new childcare facilities in Wheat Ridge.

On May 8, 2023, Patrick Quinn from District III resigned from the Parks and Recreation Committee effective immediately, to accept a position in District III on the Planning Commission. The vacancy was posted for a term of two weeks on the City of Wheat Ridge web site and promoted through various channels from May 8 through May 21. Applications have been compiled for Council’s review so that the seat can be filled. While there are no applicants from District III, Council may appoint a member from a different district to fill this seat.

City Council directed staff to establish the Wheat Ridge Housing Fund, a recommendation of the recently adopted Affordable Housing Strategy and Action Plan, using the General Fund portion of short-term rental (STR) lodgers’ tax revenue. Foothills Regional Housing recently approached the City about a rare opportunity to purchase a 24-unit apartment complex at 4097 Vance Street to serve residents in the 50-80% area median income (AMI) category. This is a unique opportunity to take an early implementation step in the Affordable Housing Strategy by creating new affordable units in Wheat Ridge. This resolution creates the Wheat Ridge Housing Fund, transfers the applicable portion of STR lodgers’ tax revenue from the General Fund reserves to the Wheat Ridge Housing Fund, and authorizes a $400,000 payment to Foothills Regional Housing to assist in the purchase of the 24-unit affordable housing complex.

The City’s Home Rule Charter at Section 8.1 provides for appointment of the City Attorney by the City Council. The current legal services agreement is updated and should be renewed.