Wheat Ridge 102 participants have been working on two projects this fall: Green Business and Snow Removal Assistance. Program participants will present their finalized project blueprints to the City Council, with the goal of handing these projects off to staff for implementation.

Staff requests that the City Council revise its classification of the Community Advisory Group as a Hybrid Committee to a Staff-Selected Committee.

On occasion, it is necessary to adjust the current year budget at year end in order to support the City Council’s priorities and align with the estimated budget as presented to Council with the next budget year. This year, budget amendments are needed in funds 31 (2E), 12 (Public Art), 12 (Open Space), 30 (CIP) and 40 (Renewal Wheat Ridge Bonds Fund.) It is required that City Council authorize increases and reductions to the City’s budget by resolution.

The Police Department received an Edward Byrne Justice Assistance Grant (JAG) Award for $14,177 from the Department of Justice, Office of Justice Programs. This grant award was not included in the 2023 Budget.

The Parks and Recreation Department wishes to apply to the Great Outdoors Colorado (GOCO) Community Impact grant program to request $700,000 in funding to support the construction of the Green at 38th project. A City Council Resolution of support is required to apply, which includes supporting the application and, if funded, authorizing the mayor to sign the grant agreement and accept the funding.

The proposed ordinance updates the City’s billboard regulations to accomplish several main goals: to remove the lottery process for billboard vacancies, to reduce the maximum number of billboards within the City as they are abandoned, to establish a maximum distance between billboards and the highway, and to clarify existing development standards.

In an effort to bring greater compliance to the City’s licensing programs, a new compliance officer position is being created through a vacancy on the Community Services Officers (CSO) team. This position will focus on licensing compliance rather than typical CSO duties. In order to meet the objective of ensuring compliance with licensing programs, the City’s Code of Laws needs to be amended to expand the scope of City employees that are able to issue municipal court summons, including Chapter 11 licensing violations. Furthermore, the Code should also reflect that compliance officers shall be designated as peace officers akin to a CSO.

Clear Creek Drive is currently under construction to extend the roadway approximately 500 feet to the northwest. As part of this extension, the existing cul-de-sac bulb was demolished and reconstructed. City staff has determined that the sidewalk easements at the previous cul-de-sac location are no longer necessary, and they will be vacated by this ordinance.

A portion of right-of-way near Miller Court and W 37th Place has been deemed to be unnecessary by the Community Development Department. This portion of right-of-way is not built or used as a roadway and is proposed to be vacated.

The Police Investigations Fund, also known as the Seizure Fund 17, consists of money that is forfeited by felony defendants through a civil hearing process. The City has chosen to close Fund 17 in anticipation of changes to asset forfeiture laws and to use the balance of the Fund to purchase law enforcement aircraft drones to be deployed for public safety missions and education.

On November 1, 2023, Teresa Linder from District III resigned from the Cultural Commission, effective immediately. The vacancy was posted for a term of two weeks on the City of Wheat Ridge website and promoted through various channels from November 6 to November 19. Applications have been compiled for the Council’s review so that the seat may be filled. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any Board or Commission, the council may appoint any otherwise qualified resident.

The purpose of this study session is to discuss how the public is informed of quasi-judicial public hearings and specifically to revisit the code and process associated with letter notice. This memo summarizes recent code updates, recent procedural changes, and the recent rezoning application that prompted this discussion. To the extent there is interest in revising letter notice, analysis of several options is provided.

Staff recommends the purchase of 26 Zebra Printers with batteries and chargers and accompanying Brazos E-Citation/Summons software for the City of Wheat Ridge Police Department. Staff has secured negotiated contract terms and pricing under the Sourcewell Master Agreement with Tyler Technologies.

The city purchases and applies deicer materials each year as part of its snow and ice control efforts. The city has participated in a cooperative bidding process through the Colorado Multiple Assembly of Procurement Officials (MAPO) to obtain the best pricing. The city will utilize a City of Fort Collins contract with Independent Salt Company to purchase materials for the remainder of 2023 and the 2024 snow season in an amount not to exceed $140,200.

The Parks and Recreation Department applied for and was awarded $951,709 from CDOT’s Transportation Alternatives Program for improvements along the Clear Creek Trail in 2025-2026. City Council approval of the enclosed grant agreement is required to accept the funds.

A contract for the repair of the Recreation Center parking lot was approved by the 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. Subsequently, the City Council approved additional contingency amounts of $85,000 for additional items associated with ADA modifications, electrical vehicle striping, and drainage improvements. Calculation of actual quantities for pavement removal and installation as well as the underlying geotextile fabric have resulted in the need for increased contract amount of $190,000. This would increase the total not-to-exceed amount of the contract to $809,400.72.

The City Council Study Session of December 18, 2023, currently does not have any scheduled agenda items. To provide time for City Council and Staff to prepare for the holidays with family and friends, and seeing there are no items currently scheduled for this date it is recommended that City Council cancel this meeting.

Wei Lian Fu is requesting approval of a zone change from Agricultural-One (A-1) to Residential-Two (R-2) for the property at 10800 W. 48th Avenue. The applicant is the current owner of the property. The zone change will result in a zoning that encourages revitalization of the site and will enable the land to become conforming.

The proposed ordinance updates the City’s billboard regulations to accomplish several main goals: to remove the lottery process for billboard vacancies, to reduce the maximum number of billboards within the City as they are abandoned, to establish a maximum distance between billboards and the highway, and to clarify existing development standards.

Installation of drinking water and sanitation/sanitary facilities occurred as development occurred within areas of the city. Many areas were developed prior to incorporation of the city in August 1969. Similarly, storm water management and collection occurred sporadically, typically in response to issues. Pre-dating all of these was the establishment of a series of irrigation ditches and laterals for the purposes of delivering water for domestic purposes, irrigation of agricultural lands, mining and manufacturing, and drainage. This memo provides an overview of the current ownership and management of each of these systems in relation to the City of Wheat Ridge government. This item is intended to be informational only. Therefore, there are no specific recommendations from staff and no specific direction requested of Council.

The City of Wheat Ridge has seen an exceptional increase in the desire to join City Boards and Commissions. Recognizing this, Council studied how to provide greater opportunities for interested residents and make general improvements to the City’s Boards and Commissions.

City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs) in February 2021. Since that time, staff has been working to implement the legislation by licensing STRs, collecting the applicable lodgers’ tax and enforcing the provisions of the original ordinance. It has become apparent that there are some weaknesses in the existing code that make enforcement action against illegal STRs challenging. Staff recommends a code amendment so that Council’s original intent, to ensure that only legally licensed STRs exist in Wheat Ridge, can be realized.

Sections 10.7 and 10.9 of the Wheat Ridge City Charter require that a public hearing on the proposed budget be conducted before its final adoption and that the budget be adopted by resolution on or before the final day (December 15, 2023) established by state statute for the certification of the next year’s tax levy to the county. The proposed 2024 budget includes the following: • A General Fund budget in the amount of $48,634,419 • An unrestricted fund balance of $8,267,851 or 17% of expenditures plus 3% emergency reserves ($1,459,033) • A General Fund transfer of $3,825,000 to the Capital Improvement Program (CIP) ($825,000 from ARPA funds) • A General Fund transfer of $100,000 to the Equipment Replacement Fund • Proposed CIP Fund in the amount of $16,582,667 • Proposed Renewal Wheat Ridge Bonds Project Fund in the amount of $10,587,210 • Proposed 2E Fund in the total amount of $3,500,300 • Special Revenue Funds in the amount of $10,756,198 • Proposed budget (all funds) in the amount of $90,060,794

Wei Lian Fu is requesting approval of a zone change from Agricultural-One (A-1) to Residential-Two (R-2) for the property at 10800 W. 48th Avenue. The applicant is the current owner of the property. The zone change will result in a zoning that encourages investment in the site and will enable the land use to become more conforming with the zoning.

On September 7, 2023, Julianne Stern from District II resigned from the Planning Commission effective immediately, to accept a position on Renewal Wheat Ridge. On September 15, 2023, Stephanie Taylor resigned effective immediately from her District II Cultural Commission seat. The vacancies were posted for a term of two weeks on the City of Wheat Ridge web site and promoted through various channels from September 8 to October 2. Applications have been compiled for Council’s review so that the vacancies may be filled. If, after reasonable advertisement, no applications are received from residents within the relevant council district for a vacancy on any board or commission, the council may appoint any otherwise qualified resident.

The most recent Homeless Navigation Program update was in October 2022. The purpose of this study session item is for the Housing Navigator to provide a general update to City Council regarding the Homeless Navigation Program.

Staff requests Council direction on the following items: • Creating a policy to govern uncodified special committees. • Applying that policy to existing committees. • Appointing IDEA Committee Members.

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. This request is solely addressing the potential zone change and the City has not received or reviewed any redevelopment proposals for the site at this time.

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 City of Wheat Ridge has seen an exceptional increase in the desire to join City Boards and Commissions. Recognizing this, Council studied how to provide greater opportunities for interested residents and make general improvements to the City’s Boards and Commissions.

City Council enacted legislation concerning the licensing and enforcement of short-term rentals (STRs) in February 2021. Since that time, staff has been working to implement the legislation by licensing STRs, collecting the applicable lodgers’ tax and enforcing the provisions of the original ordinance. It has become apparent that there are some weaknesses in the existing code that make enforcement action against illegal STRs challenging. Staff recommends a code amendment so that Council’s original intent, to ensure that only legally licensed STRs exist in Wheat Ridge, can be realized.

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’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.

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.