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 proposed ordinance makes necessary updates to Article XI of Chapter 26 of the Code of Laws 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, per recommendations in the adopted Affordable Housing Strategy.

City Council encourages Members of the Public participation in their meetings. Time is set aside now for Members of the Public to address the Council on any item NOT on the agenda for a maximum of 3 minutes.

The applicant is requesting approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for the property at 7890 W. 38th Avenue. The applicant is the property owner. The zone change will result in a zoning that enables investment in the property and supports neighborhood serving uses that provide a transitional buffer between the existing residential uses and commercial uses.The applicant intends to convert the existing single-unit dwelling into a childcare center.

The proposed ordinance exempts deed-restricted affordable dwelling units from the parkland dedication or fee-in-lieu requirement established by Section 26-414 of the subdivision code. It also adds a definition of deed-restricted affordable dwelling units to Section 26-123 of the code.

Wadsworth Boulevard is a state highway that is owned and maintained by the Colorado Department of Transportation (CDOT). The City has completed the right-of-way acquisition process for the Improve Wadsworth project. The next step is for Council to approve the disposal or transfer of right-of-way to CDOT by ordinance.

The property owner is seeking approval of a major subdivision which will dedicate two (2) new public streets (Jellison Street and W. 45th Place) and create two blocks to prepare the site for potential future development. This subdivision also dedicates right-of-way along W. 44th Avenue and Kipling Street to build sidewalks, landscaped amenity zones, and street lighting.

The proposed ordinance makes necessary updates to Articles I and IV of Chapter 26 of the code, specifically to modernize and clean up portions of the City’s subdivision requirements. These updates include changing incorrect or outdated cross-references, adding modern terminology, clarifying existing requirements, updating application requirements, and removing sections of the code that conflict with the current subdivision regulations. The ordinance clarifies when owners’ associations are required and the obligation of those associations and clarifies requirements for drainage and irrigation facilities.

The City owns an isolated strip of real property as right-of-way (ROW) that is 24 feet by 165 feet located along the east side of 4455 Simms Street. When the property was acquired by Jefferson County in 1955, it was intended as ROW for a future street extension. Community Development has determined that the parcel does not serve a public purpose because an extension of Simms Street is not practical at this location.

The purpose of creating the 2023 Community Partners Grant Program Committee is to provide an additional opportunity for residents to participate in the budget process. This committee gives residents the opportunity to weigh community needs with available resources and provide recommendations to City Council.

In 2022, the City was awarded funding through the Denver Regional Council of Governments Transportation Improvement Program to construct a shared path along the west side of Wadsworth Boulevard between 32nd and 35th Avenues. In addition, improvements at the intersection of 32nd Avenue are planned in cooperation with the Colorado Department of Transportation (CDOT) that were included in the funding. The funding includes both federal and state funding. CDOT administers the funding, so an intergovernmental agreement needs to be executed that outlines the various parties’ responsibilities, summarizes the funding sources, and details the requirements of the funding sources.

In 2022, the City was awarded construction funding through the Denver Regional Council of Governments Transportation Improvement Program to construct an extension of bicycle lanes along 32nd Ave from Xenon Street, under I-70, west to Zinnia St. The project will improve safety along the popular 32nd Ave bicycle route and provide multimodal connections that are currently lacking under I-70. The funding includes federal funding, including ARPA funds, which will only be used for the construction phase of this project. CDOT administers the funding, so an intergovernmental agreement needs to be executed that outlines the various parties’ responsibilities, summarizes the funding sources, and details the requirements of the funding sources.

In 2022, the City was awarded construction funding through the Denver Regional Council of Governments Transportation Improvement Program to construct a pedestrian bridge over the G Line tracks, plazas at either of the bridge, and a multi-use trail extending south to the I-70 Frontage Road North. The funding includes federal funding, including ARPA funds. CDOT administers the funding, so an intergovernmental agreement needs to be executed that outlines the various parties’ responsibilities, summarizes the funding sources, and details the requirements of the funding sources.

In order to construct the pedestrian bridge over the G-Line tracks, the City needs Xcel Energy to underground the existing overhead electric lines in the vicinity of the proposed bridge. Xcel requires a deposit for the estimated cost of the undergrounding work prior to beginning the design. Since the amount is over $75,000, Council needs to approve the payment.

On April 13, 2023, Melissa Antol from District III resigned from the Planning Commission effective immediately. The vacancy was posted for a term of one week on the City of Wheat Ridge web site and promoted through various channels from April 17 through April 24. Applications have been compiled for Council’s review so that the seat can be filled.

The lap pool surface finish at the Wheat Ridge Recreation Center has reached the manufacture recommendation for refinishing to maintain a safe aquatic environment. The lap pool needs to have a refinishing product installed.

In April of 2016, Wheat Ridge Fire merged with West Metro Fire Rescue. A feasibility study concluded the merger would result in cost savings for taxpayers and more robust service for the cities of Wheat Ridge and Edgewater. Voters officially approved the merger in October 2016. West Metro generally serves Wheat Ridge south of Clear Creek. West Metro Fire Chief Don Lombardi has requested a brief amount of time with City Council at the May 1 study session to provide an update on West Metro Fire activities.

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 proposed ordinance exempts deed-restricted affordable dwelling units from the parkland dedication or fee-in-lieu requirement established by Section 26-414 of the subdivision code. It also adds a definition of deed-restricted affordable dwelling units to Section 26-123 of the code.

Wadsworth Boulevard is a state highway that is owned and maintained by the Colorado Department of Transportation (CDOT). The City has completed the right-of-way acquisition process for the Improve Wadsworth project. The next step is for Council to approve the disposal or transfer of right-of-way to CDOT by ordinance.

The 44th Avenue Subarea Plan outlines a 20-year vision for the area and is based on twelve months of input from Wheat Ridge businesses, organizations and community members. This plan addresses the need to develop comprehensive strategies that 1) promote revitalization and attract investment to the W. 44th Avenue corridor and 2) enhance the adjacent neighborhoods and the City as a whole. The plan reflects and builds upon input from the 2019 Neighborhood Revitalization Strategy and from the ongoing Let’s Talk resident engagement program. *The complete content for this meeting, including meeting information, agenda, all agenda items, public right to speak and Council Action Form will be available by Friday, April 21.*

Wadsworth Boulevard is a state highway that is owned and maintained by the Colorado Department of Transportation (CDOT). The City has completed the right-of-way acquisition process for the Improve Wadsworth project. Certain property owners along Wadsworth have conveyed to the City the necessary rights-of-way by warranty deed, quit claim deed, or court order for the Improve Wadsworth project. City Council needs to officially accept the rights-of-way as City property.

The owners of 3610 Parfet Street reached out to see if the City would be interested in acquiring the north portion of their property that encompasses Lena Gulch. Most of the area is paved with concrete and is not usable or maintained by the property owner. In addition, the area is within the floodplain for Lena Gulch, which is all floodway at this location. The floodway is the most restrictive portion of the floodplain as it conveys the flood flows for Lena Gulch. The City benefits from owning this parcel by having more of the floodway in City ownership for appropriate long-term maintenance, which will be completed by the Mile High Flood District (MHFD). To facilitate the transfer of this property to the City, MHFD recently acquired the parcel. The Council needs to officially accept the property from MHFD in order for the transfer to take place.

The City is seeking a firm to create and implement a community outreach and engagement strategy regarding residential waste management practices in Wheat Ridge. Staff conducted a competitive solicitation process to select a consultant to manage this process. HDR Engineering, Inc. was selected at a cost of $125,379.19.

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 property owner is seeking approval of a major subdivision which will dedicate two (2) new public streets (Jellison Street and W. 45th Place) and create two blocks to prepare the site for potential future development. This subdivision also dedicates right-of-way along W. 44th Avenue and Kipling Street to build sidewalks, landscaped amenity zones, and street lighting.

This memo provides a summary of the items that could constitute an ordinance updating the subdivision review requirements in Article IV of the City Code, which have not been substantively reviewed or updated since 2014. The memo includes additional research on best practices for subdivision review requirements and public notification and an update on peer city requirements. It also provides information on what the City has changed to date to improve public processes and opportunities for input.

This memo provides a summary of the research completed by staff regarding parking requirements for deed-restricted affordable housing, including a deeper dive into parking utilization rates, peer city requirements, and model ordinances. The research and discussion are followed by recommendations from staff. The recommendations within follow the recommendations in the adopted Affordable Housing Strategy to reduce minimum parking requirements for deed-restricted affordable housing, specifically in mixed use zones and transitoriented developments (TOD). The recommendations also align with recommendations from the American Planning Association (APA) including the Equity in Zoning Policy Guide, adopted in December 2022.

WR Code: Drug paraphernalia offenses

City Council encourages Members of the Public participation in their meetings. Time is set aside now for Members of the Public to address the Council on any item NOT on the agenda for a maximum of 3 minutes.

This Agreement sets forth rights and responsibilities regarding ownership and utilization of the radio system jointly owned and shared by the City of Lakewood (Lakewood), City of Wheat Ridge (Wheat Ridge), and the West Metro Fire Protection District (WMFPD). The agreement also addresses radio system maintenance, as well as individual agency equipment maintenance services and costs, provided by Lakewood’s Radio Communications Division.

The Department of Public Safety, Colorado Automobile Theft Prevention Authority (CATPA), is providing a grant to the City to assist in preventing thefts of catalytic converters. In 2023, CATPA awarded the Wheat Ridge Police Department $18,584 to be used to mark and register catalytic converters.

The Colorado Division of Justice (DOJ) awards police departments grant funds to be used for law enforcement purposes. In 2023, the DOJ, as part of the Fentanyl Accountability and Prevention Grant Program, awarded the Wheat Ridge Police Department $84,382 to be used for supplies, technology, and travel for the purpose of investigating deaths and injury caused by illegal synthetic opiate poisoning and disrupting synthetic opiate supplies.

This request is for approval of the annual right-of-way (ROW) maintenance service contract. The City currently contracts annually for mowing, weed prevention and mitigation, and trash pickup in various right-of-way areas. Terracare was selected by the review team at the conclusion of a formal bid process for a contract in the not-to-exceed amount of $162,295.31. Only $96,000 was included in the 2023 budget; therefore, a supplemental budget appropriation in the amount of $66,296 is required.

Utilizing the process defined in the Public Art Management Plan, Council approved the selection of Cor4 Studios (formerly JCAS Studios) for the public art associated with the Improve Wadsworth Project in November 2022. This resolution will award a contract to Cor4 Studios and appropriate an additional $8,000 from the Public Art Fund required to fund the $475,000 contract.

The Transportation Alternatives Program (TAP) provides funding through CDOT for local transportation alternatives to driving at 80% of the project cost. The Parks and Recreation Department proposes to apply to this program for concrete replacement throughout segments of the Clear Creek Trail to improve the Trail to the 10-foot wide standard, add crusher fines shoulders where feasible, and add a Creekside Park/Marshall St. connection.

Three traffic signals at the I-70/32nd Avenue interchange are owned by the Colorado Department of Transportation (CDOT). CDOT and the city have previously entered into 5-year agreements for the city to operate and maintain these signals. The current agreement expires on June 30, 2023. The city will be compensated annually by CDOT for the maintenance activities.

In June of 2022, City Council approved a lease agreement and a temporary site lease agreement with T-Mobile West, LLC. In January of 2023, staff returned to Council to update the commencement date on the lease agreement due to supply chain issues. The same date also needs to be adjusted in the temporary site lease agreement. We are requesting a motion to make that simple date adjustment.

In June of 2022, City Council approved a lease agreement and a temporary site lease agreement with Verizon Wireless. In January of 2023, staff returned to Council to update the commencement date on the lease agreement due to supply chain issues. The same date also needs to be adjusted in the temporary site lease agreement. We are requesting a motion to make that simple date adjustment.

The City of Wheat Ridge has three Jefferson County ballot box locations on City property: Wheat Ridge City Hall, Anderson Park and Prospect Park. These locations provide convenient locations for residents to drop off completed ballots. The City has Intergovernmental Agreements (IGAs) in place with Jefferson County for each location. This request for approval includes a new IGA for the City Hall location and amendments to the existing IGAs for Anderson Park and Prospect Park.

The City recently received an unexpected dividend refund from the City’s workers’ compensation insurance provider, Pinnacol Assurance in the amount of $8,766. In 2023, the City hired its first Risk Management Coordinator, and that employee is increasing the Safety Committee programming and providing a much more robust overall risk management program. To fund some new activities, staff would like to offset expenses with the Pinnacol Assurance dividend and put those funds to good use through increased risk management programming.

The applicant is requesting approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for property located at 7890 W. 38th Avenue. The zone change will result in a zoning that allows for neighborhood serving uses and provides a transitional buffer between the existing residential uses and commercial uses.

The 2023 Bridge Repair Project will perform critical maintenance to the Youngfield Bridge over Clear Creek. This work will not modify the structure or add any features such as sidewalks. Four bids were received for this work in response to an Invitation to Bid. Staff recommends awarding a contract to the lowest responsive bidder, TechCon Infrastructure, LLC. of Denver, Colorado in the amount of $469,91 plus a staff-managed contingency of $46,991 for a total not-to-exceed amount of $516,902.

The applicant is requesting approval of a zone change from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) for the property at 7890 W. 38th Avenue. The applicant is the property owner. The zone change will result in a zoning that enables investment in the property and supports neighborhood serving uses that provide a transitional buffer between the existing residential uses and commercial uses.The applicant intends to convert the existing single-unit dwelling into a childcare center.

The 44th Avenue Subarea Plan outlines a 20-year vision for the area and is based on twelve months of input from Wheat Ridge businesses, organizations and community members. This plan addresses the need to develop comprehensive strategies that 1) promote revitalization and attract investment to the W. 44th Avenue corridor and 2) enhance the adjacent neighborhoods and the City as a whole. The plan reflects and builds upon input from the 2019 Neighborhood Revitalization Strategy and from the ongoing Let’s Talk resident engagement program. After a public hearing before the Planning Commission, the City Council will hold a public hearing on April 24 to make a final decision on adoption of the plan.

Following two years of assessment, review and consideration the Race and Equity Task Force will be presenting its recommendations report to City Council in addition to recommended next steps for the Task Force moving forward.

A survey was conducted between March 9th and March 23rd by Magellan Strategies to obtain input from Wheat Ridge residents and to measure support for or against a proposed ballot measure to retain the City’s current ½ cent temporary sales tax rate. Representatives from Magellan Strategies will present the results of the survey at the April 3rd study session.

On February 6, 2023, City Council gave staff direction to return to a Study Session with more detail regarding recommended updates to the City’s mixed-use zone district standards, which are included in Article XI of Chapter 26. Since February, Planning Division staff have developed an ordinance framework based on the overall positive consensus of City Council to move forward with additional details to accompany staff’s recommendations.

Google Fiber approached the city in late-2022 to discuss installation of a new 100% fiber optic network internet service in the city’s rights of way. If finally agreed upon with Google Fiber and approved, the city and Google Fiber would enter into a non-exclusive public right of way license agreement. Representatives from Google Fiber will be in attendance at the Study Session to give a presentation and answer questions from the City Council.

The City Council requested an overview of the Green House Gas Pollution Reduction Roadmap established at the state level. This memo summarizes how the Roadmap was developed, the goals for Green House Gas (GHG) reduction between now and 2050, and the measures currently in place to achieve those reductions. The Transportation sector was identified as the largest source of pollution. Therefore, the memo focuses on transportation-related initiatives led by both the Colorado Department of Transportation (CDOT) and the Denver Regional Council of Governments (DRCOG). There are no specific requirements for local agencies in the GHG Rule adopted by CDOT nor the Plan adopted by DRCOG. Instead, possible measures that the city could implement are voluntary. Staff is seeking direction from Council on whether to pursue potential inclusion of the policy-related mitigation measures in the upcoming Comprehensive Plan effort and/or prioritize signal timing efforts to support.

City Council encourages Members of the Public participation in their meetings. Time is set aside now for Members of the Public to address the Council on any item NOT on the agenda for a maximum of 3 minutes.

The Colorado Water Conservation Board has designated the updated Flood Hazard Delineation Map for Clear Creek as a state floodplain map. The City needs to adopt the updated Flood Hazard Delineation Map as a Local Flood Hazard Area so that the best available flood maps can be used to regulate the floodplains along Clear Creek.

The proposed ordinance establishes a deadline by which an applicant may appeal an administrative code interpretation to the Board of Adjustment. No such deadline currently exists in the code, and the lack of a deadline is inconsistent with best practice and inconsistent with other code provisions which clearly establish a time frame for appeal.

Colorado Senate Bill 21-260 created a clean fleet enterprise to impose a clean fleet retail delivery fee (CFRDF) to be paid by the purchaser of tangible personal property delivered to the purchaser by a motor vehicle. The fee is $0.27 per delivery. Delivery fees are currently subject to City sales tax. As a home-rule City, Wheat Ridge is able to establish its own laws including the ability to exempt from taxation certain goods and services. The attached ordinance exempts the CFRDF from taxation.

City Council's 2021-2022 Strategic Plan includes "Re-examine and Advance Sidewalks on 38th Avenue." To that end, a consultant selection process has been completed to perform a master planning study for 38th Avenue from Kipling Street to Youngfield Street. Staff is recommending that the selected consultant, Ayers Associates, Inc, be awarded a contract in the amount of $615,210.

The City of Wheat Ridge was awarded $410,000 in funding through the Jeffco Open Space Trails Partnership Program for an engineered design and construction of an accessible, safe, and stable trail around Tabor Lake that connects to the Clear Creek Trail and Van Gordon St. To receive the funding, the City must accept the grant award by directing the Mayor to sign the attached Grant Agreement.

The City worked cooperatively with the Wheat Ridge Water District (District) to replace their water mains and other facilities during Phase I of the Wadsworth Widening Improvement Project. Including their work in the City’s project greatly simplifies the construction coordination andreduces their costs. An Intergovernmental Agreement between the City and the District to construct these improvements was approved by the City Council in February, 2021. The District wishes to replace and upgrade their water facilities in Phase II as well. Therefore, an amendment to the current agreement between the City and the District to construct these improvements has been developed. The City will be reimbursed by the District for their portion of the work.

At the February 27, 2023 regular business meeting, Council appointed 21 volunteers to boards and commission seats. Two At-Large Alternate vacancies remained to be filled on the Board of Adjustment. Applicants who were not appointed on February 27th were asked about their interest in serving in these roles and nine applicants indicated that they are indeed willing to fill these vacancies.

The 2023 Colorado Legislative Update will be held on Monday, March 6, 2023, during a City Council study session. The Legislative Update is an opportunity for the City’s elected officials and staff to discuss legislative priorities, current legislation and Wheat Ridge positions and priorities for the 2023 session. Senator Jessie Danielson and Representative Monica Duran will be in attendance, and Colorado Municipal League Legislative Advocacy Manager Heather Stauffer will be available to review legislation and answer questions.

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 Colorado Water Conservation Board has designated the updated Flood Hazard Delineation Map for Clear Creek as a state floodplain map. The City needs to adopt the updated Flood Hazard Delineation Map as a Local Flood Hazard Area so that the best available flood maps can be used to regulate the floodplains along Clear Creek.

The proposed ordinance establishes a deadline by which an applicant may appeal an administrative code interpretation to the Board of Adjustment. No such deadline currently exists in the code, and the lack of a deadline is inconsistent with best practice and inconsistent with other code provisions which clearly establish a time frame for appeal.

Colorado Senate Bill 21-260 created a clean fleet enterprise to impose a clean fleet retail delivery fee (CFRDF) to be paid by the purchaser of tangible personal property delivered to the purchaser by a motor vehicle. The fee is $0.27 per delivery. Delivery fees are currently subject to City sales tax. As a home-rule City, Wheat Ridge is able to establish its own laws including the ability to exempt from taxation certain goods and services. The attached ordinance exempts the CFRDF from taxation.

The Public Works Department is proposing the purchase of various snow and ice control equipment, lighting, hydraulics, and options to be installed on the new tandem cab and chassis approved by the City Council in January 2023. The total expense of the various equipment, lighting, hydraulics, and options is estimated to be $175,514 based on a quote provided by Holman Upfitting Truck Services.

The City of Wheat Ridge owns a building within the Anderson Park complex, known as the Parks Forestry and Open Space building, located at 9110 W. 44th Avenue, (the Property). The city wishes to lease the building to Localworks for the operation of a membership-based community organization designed to provide the tools necessary to promote innovation and creative exercise also known as a Maker Space.

As of March 2, 2023, the terms of nineteen current Board and Commissions members of the City of Wheat Ridge will expire. Additionally, there are four existing vacancies to fill which include seats on the Board of Adjustment, Cultural Commission, Liquor Licensing Authority and Parks and Recreation Commission. These 23 positions in total are to be filled or reappointed.

The purpose of this study session agenda item is to update City Council on the Let’s Talk Resident Engagement Program and to: 1. Share detailed reports from the recently completed Paramount Park and Southeast Wheat Ridge neighborhood resident engagement “blitzes”; and 2. Provide an update on the Let’s Talk Program Work Plan following completion of neighborhoods seven and eight of ten.

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.

Charles Abbott Associates, Inc. has provided contractual Building Division services for the City since 2018. This request extends their contract by two years, through March 2025.

There are 60 open purchase orders from the 2022 budget that will be carried over to the 2023 budget. Each purchase order is associated with a specific project that was not fully completed in the 2022 fiscal year. The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance of the relevant fund when the purchase orders were closed. To continue or close out these projects in 2023, a supplemental budget appropriation in the amount of $18,424,962.79 is necessary to allow transfer of these funds into specific budget line items in the 2023 Budget.

Four members of City Council, the City Manager, and Deputy City Manager will be attending the National League of Cities Congressional Conference in Washington, D.C. from March 25th to March 29th. It is recommended that City Council cancel the March 27th regular meeting.

The Charter of the City of Wheat Ridge provides that the Council may determine its own rules of procedure for meetings. Section B of Suspension and Amendment of these Rules states “These Rules may be amended, or new Rules adopted by a majority vote of City Council Members present at a Regular or Special Meeting, provided that the proposed amendments or new Rules shall have been submitted in writing to City Council at a preceding meeting or a Study Session. Any City Council Member, or the Mayor, may initiate an amendment of these Rules in the manner provided for initiation of Agenda Items by Rule V.D. These Rules shall be reviewed and revised by the City Council as needed and as provided for herein.”

From time to time, staff recommends updating the zoning code (Chapter 26) as it relates to best practices, lessons learned from peer cities, updated policies and processes, to correct typographical errors, to clarify code language, and as a result of long-range plan adoption. Both the City’s mixed-use code requirements (Article XI) and subdivision requirements (Article IV) have not been updated in some time.

Effective July 1, 2022, SB21-260 created within the Colorado Department of Public Health and Environment a clean fleet enterprise for the purpose of incentivizing and supporting the use of electric motor vehicles and other clean fleet technologies by owners and operators of motor vehicle fleets. The clean fleet enterprise is authorized to impose a clean fleet retail delivery fee (CFRDF) to be paid by the purchaser of tangible personal property delivered to the purchaser by a motor vehicle. The fee is $.27 per delivery. City staff’s recommendation is to follow Colorado Municipal League’s (CML) recommendation and exempt the delivery fee from taxation.

A Specific Development Plan (SDP) for the construction of a 5-story, 137,000-square foot medical office building on the 26.93-acre hospital campus at Clear Creek Crossing.

The proposed ordinance amends Section 26-803.G of the Wheat Ridge Code of Laws, to adopt the flood hazard delineation maps for Clear Creek dated September 2, 2022 as a local flood hazard area.