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HomeMy WebLinkAboutCouncil Packet 02/27/20126:30 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING February 27, 2012 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF February 13,2012 PROCLAMATIONS AND CEREMONIES Louise Turner -Acknowledgement CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING L Council Bill 01-2012-An Ordinance amending Sections 2-83 and 15-8 of the Wheat Ridge Code of Laws concerning the issuance of Nuisance Abatement Notices and Notices of Code Violations and of Administrative Citations in the Administrative Enforcement Process. 2. Council Bill 02-2012-An Ordinance amending the Wheat Ridge Code of Laws, Chapter 11 to unify the conditions for the revocation or suspension of a Business License and to provide for additional clarifications within the Chapter. CITY COUNCIL AGENDA: February 27, 2012 DECISIONS. RESOLUTIONS. AND MOTIONS Page -2- 7. Resolution No. 14-2012-amending the Fiscal year 2012 Budget to reflect the approval of a Supplemental Budget Appropriation for the Re-Appropriation and Re-Encumbrance of 2011 Fiscal Year Encumbered Funds in the amount of $1,301,803.33 Motion to approve appointment to Boards and Commissions Motion to Ratify Mayoral Appointment to the Housing Authority Resolution No. 13-2012 -approving a Consolidation Plat with an Alley Dedication on property zoned Commercial-One (C-1) located at 5795 W. 29th Ave. (Case No. MS-11- 06) Resolution No. 09-2012-amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $71 ,376 for the funding of the Zoppe Circus Event Motion to approve the purchase of four marked Police Sedans, one large 4x4 Pickup Truck with Plow, two small Light Duty 4x4 Pickup Trucks, one Seven-Passenger Mini- Van and one 6x4 Tandem Truck Cab & Chassis in an amount not to exceed $369,755 Motion to award ITB-12-02, 2012 Crack Seal Project, to Coating Inc., Arvada, in the amount of $99,963, with a Contingency amount of $9,996 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN TO STUDY SESSION CITY OF WHEAT RIDGE, COLORADO February 13. 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7:00p.m. Council Members present: Davis Reinhart, William "Bud" Starker, Joyce Jay, Kristi Davis, Mike Stites, George Pond, Tracy Langworthy, and Joseph DeMott. Also present: City Clerk, Janelle Shaver; Deputy City Clerk, Bruce Roome; City Manager, Patrick Goff; City Attorney, Gerald Dahl; Chief of Police, Dan Brennan; Administrative Services Director, Heather Geyer; Economic Development Manager, Steve Art; staff and interested citizens. APPROVAL OF MINUTES OF January 23,2012 Motion by Mr. Stites for approval of the Minutes of January 23, 2012; seconded by Mr. Starker; carried 8-0. CITIZENS' RIGHT TO SPEAK Tom Schmuke, who is new to Wheat Ridge and recently purchased a business on 38th Avenue spoke on the upcoming road diet. A group of people have gotten together to express their concern that it will create traffic congestion, result in an lower actual car count, make it difficult for emergency vehicles, and as a result lessen the number of people coming to Wheat Ridge. They don't know how their businesses will fit in or how it will impact them economically. He provided a packet of information to each Council member. ORDINANCES ON FIRST READING .1. Council Bill 01-2012-An Ordinance amending Sections 2-83 and 15-8 of the Wheat Ridge Code of Laws concerning the issuance of Nuisance Abatement Notices and of Notices of Code Violations and of Administrative Citations in the Administrative Enforcement Process. Motion by Mr. Starker to approve Council Bill No. 01-2012 on first reading, order it published, public hearing set for Monday, February 27, 2012 at 7:00p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Reinhart; carried 8-0. City Council Minutes February 13, 2012 Page 2 2. Council Bill 02-2012-An Ordinance amending the Wheat Ridge Code of Laws, Chapter 11 to unify the conditions for the revocation or suspension of a Business License and to provide for additional clarifications within the Chapter. Motion by Mr. Reinhart to approve Council Bill No. 02-2012 on first reading, order it published, public hearing set for Monday, February 27 , 2012 at 7:00p.m. in the City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Starker; carried 8-0. DECISIONS, RESOLUTIONS AND MOTIONS 3. Motion to approve funding from the Fiscal Year 2012 Economic Development Budget to reflect the approval of $40,000 for the Wheat Ridge Business District Revitalization Incentive Grant Program . Motion by Mr. DeMott to approve funding from the Fiscal Year 2012 Economic Development Budget to reflect the approval of $40 ,000 for the Wheat Ridge Business District Revitalization Incentive Grant Program; seconded by Mr. Pond; carried 8-0 . ~-Resolution No. 10-2012-Amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $92,800 to Wheat Ridge 2020 for the purpose of providing assistance with the implementation of the 38th Ave . Corridor Plan. Resolution No . 10-2012 was introduced by Mrs. Jay. Motion by Mrs. Jay to amend the Fiscal Year 2012 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $92,800 to Wheat Ridge 2020 for the purpose of providing assistance with the implementation of the 38th Ave. Corridor Plan; seconded by Mr. Reinhart; Britta Fisher, Executive Director of Wheat Ridge 2020, stated that she believes 2020 has put together a good package that is important for telling the story, that marketing and branding is important to improve business in the corridor. 35 people have volunteered for the Leadership Committee and they have drafted the RFP for a consultant. They need the money right away. Tara Jahn, resident of District I, lives near the corridor and is a board member of Wheat Ridge 2020. Sh~ knows how much work has been done on this, and is on the Leadership Committee. Their last meeting was packed with people supporting the road diet. We can't ignore the people that want this ; there will always be nay-sayers . We need the opportunity to tell who we are and tell the story . We need to take the next step to show citizens we are committed to this project. The marketing is essential. City Council Minutes February 13, 2012 Page 3 Tom Schmuke recently purchased a business on the corner of 38th & Pierce. He is concerned with the fact that many existing businesses were not included in this clandestine planning. We all want to see this corridor grow; we just want to know what the goal is because we thought the goal was to increase car numbers. He referred to a failed road diet plan in Skokie, Illinois. Existing businesses want to have a fair shake in how they can participate. We need to know what the specific benefit is for our businesses. Igor Raykin, resident of Wheat Ridge and attorney that represents a business on 38th Avenue had a list of questions: How long is the construction time of the 1st phase? How will it be paid for? Will there be zoning changes? What will the compensation be for businesses that have a decrease in business? Mayor DiTullio told Mr. Raykin that there are answers to many questions like his on the City web site. Motion by Mr. DeMott as follows: 1) To continue Resolution 10-2012 to the next available study session in March of 2012, 2) To request 2010, 2011, and 2012 YTD financial statements from Wheat Ridge 2020 to be reviewed at the study session, 3) And to direct the City Attorney to draft a consulting agreement between the City of Wheat Ridge and Wheat Ridge 2020 for $92,800, to be reviewed at a study session, approved by the City Council and signed by the Mayor, in which the funds are disbursed to Wheat Ridge 2020 as milestones of the contract are reached as outlined in their proposal. Seconded by Mr. Stites; failed 5-3 with Council members Stites, DeMott, and Davis voting yes. Motion to amend the main motion by Mr. Pond, as follows: 1) City staff to work with Wheat Ridge 2020 to amend the Wheat Ridge 2020 proposal for services using the proposed language as a foundation and adding specific financial accounting methods, clarification of the scope of work sections, and increasing the frequency of reporting to City Council, 2) The amended proposal language to be presented to City Council at an upcoming study session, and 3) Wheat Ridge 2020 to provide their 2010, 2011, and 2012 financial statements to be reviewed by City Council at an upcoming study session Seconded by Mr. Reinhart; carried 5 -3 with Council member Stites, DeMott, and Davis voting no. Ms. Fisher clarified the amounts in the draw schedule, and timelines for the bid process for a branding and marketing consultant. City Council Minutes February 13, 2012 Page4 Mr. Goff clarified that the first $31,000 will be paid to Wheat Ridge 2020 right away after they produce their financials based on the amended motion. Main motion carried 5-3, with Council members Stites, DeMott and Davis voting no . §... Resolution No . 12-2012 -approving assignment, commitment, and restriction of Fund Balances in accordance with Governmental Accounting Standards Board (GASB) Statement 54. Resolution No . 12-2012 introduced by Mrs. Langworthy. Motion by Mrs . Langworthy approving assignment, commitment, and restriction of Fund Balances in accordance with Governmental Accounting Standards Board (GASB) Statement 54ers; seconded by Mr. Starker; carried 8-0 6 . Resolution No. 11-2012-granting authority to obtain Commercial Purchasing Card Accounts by Agreement with Commerce Bank. Resolution No. 11-2012 was introduced by Mr. Pond. Motion by Mr. Pond to grant authority to obtain Commercial Purchasing Card Accounts by Agreement with Commerce Bank; seconded by Mr. Stites ; carried 8-0 7 . Motion to approve payment of the Sales Tax Increment for January of Fiscal Year 2012 from the Town Center Project in the amount of $37 ,186 .70 to the Wheat Ridge Urban Renewal Authority. Motion by Ms. Davis to approve payment of the Sales Tax Increment for January of Fiscal Year 2012 from the Town Center Project in the amount of $37 ,186.70 to the Wheat Ridge Urban Renewal Authority ; seconded by Mr. Stites; carried 8-0 CITY MANAGER'S MATTERS Mr. Goff announced that the groundbreaking for the new a~artment complex at 44th Avenue and Upham Street will be this Friday , February 17 h at 11 AM . Mr. Goff reported that the Denver Water Department will be having a very important neighborhood meeting about the Ashland Reservoir Project. The meeting will be held Tuesday, February 21st at the Sons of Italy Lodge on 32"d Avenue. Neighbors in that area are strongly encouraged to attend. ELECTED OFFICIALS' MATTERS Mr. DeMott passed out to Council the Wheat Ridge Housing Authority 2011 Year End Financial Report. He explained some of the details -which include 1 0 years of work. City Council Minutes February 13, 2012 PageS Mr. Pond thanked people for their involvement in the 38th Ave Corridor Plan. Ms. Davis thanked Mr. DeMott for the financial report from the Housing Authority and gave a "hats off' to the Authority for all the good work they have done since their inception. She also complimented Wilmore Davis Elementary School on the success of their recent fund raiser. She thanked the parents and students for their hard work and support, and the businesses and councilmembers who donated things for the silent auction. The funds will be used to purchase smart boards for the school. She also brought up the idea of eliminating or shortening the pre-meeting. There followed some discussion about putting it on a future Study Session . Mr. Starker encouraged folks from District I to attend the meeting about the Ashland Reservoir. Mr. Stites asked for consensus to bring the topic of having pre-meetings to a study session. All agreed Mrs. Langworthy congratulated the company Life Lock for their success in 2011 as a dynamic business. Mayor DiTullio gave some of his thoughts on Council pre-meetings. As chair, he moved the pre-meetings to the Council Chambers for more transparency and better logistics for the City Clerk and City Council. Moving the pre-meeting to Council Chambers has worked well, but the need for the pre-meetings may not be necessary anymore. The Mayor believes that it is important to have all of the discussion on the dais for the public to see and hear. The Mayor also encouraged current and future City Councils to not move curb , gutter and sidewalk on 38th Ave. Taxpayer money was used to widen 38th Ave and it would be a waste of taxpayer money to once again narrow the street by tearing up curb , gutter and sidewalk. Council and staff need to be prudent and track the restriping of 38th Ave. for the Road Diet to see how successful the project is before spending more tax dollars on permanent changes to infrastructure. He also expressed that he doesn't like the threat of law suits against the City -that it is a waste of taxpayer money. Meeting adjourned at 8 :12 pm APPROVED BY CITY COUNCIL ON February 27, 2012 BY A VOTE OF __ to __ City Council Minutes February 13 , 2012 Page 6 Mike Stites, Mayor pro tern The preceding Minutes were prepared according to §4 7 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. \ ~ # " ~ ~ City of • JP'WheatR!__dge ITEM NO: \, DATE: February 27,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 01-2012 AN ORDINANCE AMENDING SECTIONS 2-83 AND 15-8 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ISSUANCE OF NUISANCE ABATEMENT NOTICES AND OF NOTICES OF CODE VIOLATIONS AND OF ADMINISTRATIVE CITATIONS IN THE ADMINISTRATIVE ENFORCEMENT PROCESS ~ PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING (02/13/2012) ~ ORDINANCES FOR 2 ° READING (02/27/2012) QUASI-JUDICIAL: D YES Dan Brennan, Chief of Police Patrick Goff, City Manager ISSUE: The administrative enforcement process set forth in Chapter 2 of the Wheat Ridge Code of Laws ("Code") currently authorizes Community Service Officers ("CSOs") to provide notices of violations and citations only in certain ways, depending on the factual circumstances. Similarly, Chapter 15 ofthe Code authorizes CSOs and police officers to issue nuisance abatement notices in the same limited ways as Chapter 2. Occasionally, the Community Services Team has a difficult time holding responsible parties legally responsible, because of the limited methods of notice authorized by these Code provisions. This Ordinance provides CSOs and officers more options for the manner in which they can provide notices and citations. It also authorizes the Municipal Court Judge or Administrative Hearing Officer (who acts as the "Judge" in administrative cases) to consider actual notice received by a responsible party, when deciding whether he or she has been given adequate notice. Finally, it authorizes the City to rely upon the accuracy of the County's real estate records when researching the addresses of responsible parties. Council Action -Administrative Enforcement Process February 27 , 2012 Page 2 . • • Staffbelieves these changes will facilitate the administrative enforcement and nuisance abatement processes without compromising their fairness. PRIOR ACTION: None FINANCIAL IMPACT: None likely. A small gain in administrative fines collected could be realized, but such gain is small and speculative. BACKGROUND: The Community Services Team enforces certain Code provisions (zoning violations and nuisance violations, for example) through the administrative enforcement process set forth in Chapter 2 and the nuisance abatement process set forth in Chapter 15. Under the Chapter 2 administrative process, a Code violator is issued a notice of violation and given a period oftime to cure the violation. If the violator, defined as a "responsible party" by the Code, fails to fix the violation in the time given , a CSO may issue the responsible party an administrative citation. The administrative citation assesses a fine. A responsible party may appeal an administrative citation to an Administrative Hearing Officer (AHO). The basic issues to be decided by the AHO are whether service of notice was proper and whether a Code violation did, in fact , exist. Under the Chapter 15 nuisance abatement process, the responsible party is issued a notice to abate the nuisance condition within a certain period of time. If the responsible party fails to correct the nuisance condition by the designated deadline, the City may apply to the Municipal Court for a court order authorizing the City to enter the property and remove the nuisance itself. Chapters 2 and 15 currently authorize notices and administrative citations to be served only in certain ways. For example, a CSO may post a notice of violation on property only when the property is w1occupied. Occasionally, it is difficult for a CSO to determine whether property is occupied. This may be due to the condition of the property or intentional deceit of the residents. In these cases and others when a responsible party may be avoiding personal service, it would be helpful for the CSOs to have more than one type of service to pursue. An additional difficulty encountered by the Community Services Team in providing notice is incorrect information from County real estate records . In a recent case, the Team obtained an address for a responsible party that was correct, except for the z ip code. A responsible party received actual notice of the citation, appealed the citation and the AHO dismissed the citation, because the notice was technically incorrect. The AHO was not authorized by the Code to consider the fact that a responsible party clearly received actual notice of the citation and to permit actual notice to excuse the technical flaw. This ordinance addresses the above issues by: (1) authori z ing multipl e methods of service as a general rule; (2) providing that the City can reasonably rely on the County's real estate records; Council A ction -Adminis trati v e Enforcement Process February 27 , 201 2 Page 3 and (3) authorizing a Judge or AHO to consider actual notice received by a responsible party in lieu of technically-perfect notice. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 01 -2012 , an ordinance amending Sections 2-83 and 15-8 of the Wheat Ridge Code of Laws concerning the issuance of nuisance abatement notices and of notices of Code violations and of administrative citations in the administrative enforcement process, on second reading, and that it takes effect 15 days after final publication ." Or, I move to postpone indefinitely Council Bill No. 01 -2012 , an ordinance amending Sections 2-83 and 15-8 of the Wheat Ridge Code of Laws concerning the issuance of nuisance abatement notices and of notices of Code violations and of administrative citations in the administrative enforcement process for the following reason(s) ---------------------------- REPORT PREPARED/REVIEWED BY: Gerald E. Dahl , City Attorney Dan Brennan , Chief of Police ATTACHMENTS: 1. Council Bill No. 01-2012 2. Staff Report of January 30, 2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER Council Bill No. 01 Ordinance No. ----Series of 2012 TITLE: AN ORDINANCE AMENDING SECTIONS 2-83 AND 15-8 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING THE ISSUANCE OF NUISANCE ABATEMENT NOTICES AND OF NOTICES OF CODE VIOLATIONS AND ADMINISTRATIVE CITATIONS IN THE ADMINISTRATIVE ENFORCEMENT PROCESS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), acting through its City Council (the "Council"), has the authority to enact ordinances proscribing certain acts detrimental to the public health, safety and welfare and to provide for penalties and enforcement of the same; and WHEREAS, exercising this authority, the Council has previously enacted Chapter 2 of the Wheat Ridge Code of Laws (the "Code") which sets forth an administrative enforcement procedure for certain violations of the Code; and WHEREAS, in further exercise of this authority, the Council has previously enacted Chapter 15 of the Code, which prohibits certain nuisances and provides an enforcement process for the abatement of such nuisances; and WHEREAS, based on their experience in enforcing laws pursuant to the administrative process and in pursuing nuisance abatement, City staff recommends certain amendments to the processes set forth in said Chapters 2 and 15; and WHEREAS, in particular, staff recommends the availability of multiple methods of service to responsible parties to permit officers different approaches based on different circumstances; and WHEREAS, staff further recommends endorsing an officer's reliance upon the accuracy of the County real estate records to obtain accurate mailing addresses and authorizing a Judge or Administrative Hearing Officer (AHO) to consider actual notice received by responsible parties; and WHEREAS, such recommended Code amendments are calculated to minimize the risk of dismissal of legitimate citations for which responsible parties have received actual notice; and WHEREAS, the Council finds and determines that such recommended Code amendments as set forth in this Ordinance further the public health, safety and welfare by increasing the efficiency of the administrative enforcement process and by decreasing the likelihood that Code violators who have been provided due process are not penalized. Attachment 1 NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 2-83 of the Wheat Ridge Code of Laws, concerning the service of a notice of violation of a Code section eligible for administrative enforcement, is hereby amended as follows: Sec. 2-83. Notice of Violation. (a) Upon becoming aware of a violation of an applicable section, a code officer may issue a notice of violation to the responsible party. The notice shall state the date and location of the violation, the approximate time the violation was observed, identifying, where applicable, the property in violation by address or legal description. The notice shall refer to the applicable section violated, describe the violation, and describe the action required to correct the violation. The notice shall require the responsible party to correct the violation within ten (1 0) days, and shall explain the consequences of failure to correct said violation, including the issuance of an administrative citation . (b) Service of a notice of a violation on the responsible party shall be by any of the following means : (1) If the responsible party resides at the site of the •;iolation, tThe code officer may personally deliver a copy of the notice of violation to A tAe responsible party at that site; or (2) A copy of the notice may be mailed by first class mail to the last known address of a tAe responsible party as reflected in the county real estate records; or (3) A copy of the notice of violation may be posted in a conspicuous place AT THE SITE OF THE VIOLATION oo the unoccupied premises. (C) THE CITY 'S PROVISION OF NOTICE PURSUANT TO PARAGRAPH (B)(2) OF THIS SECTION TO THE LAST KNOWN ADDRESS OF A RESPONSIBLE PARTY AS REFLECTED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE SHALL BE CONSIDERED ADEQUATE NOTWITHSTANDING ANY ERROR IN THE COUNTY'S RECORDS . AN OFFICER MAY REASONABLY RELY UPON CURRENT COUNTY RECORDS TO OBTAIN AN ACCURATE ADDRESS FOR A RESPONSIBLE PARTY. (D) AT ANY HEARING CONDUCTED PURSUANT TO SECTION 2-88, THE ADMINISTRATIVE HEARING OFFICER (AHO) MAY CONSIDER EVIDENCE OF ACTUAL NOTICE RECEIVED BY A RESPONSIBLE PARTY IN DETERMINING WHETHER ADEQUATE NOTICE OF A VIOLATION OR OF A CITATION HAS BEEN PROVIDED. THE AHO MAY FIND THAT NOTICE IS ADEQUATE DESPITE A LACK OF TECHNICAL COMPLIANCE WITH SUBSECTION (B) HEREOF UPON EVIDENCE THAT A RESPONSIBLE PARTY RECEIVED ACTUAL NOTICE OF A NOTICE OF VIOLATION AT LEAST TEN (10) DAYS PRIOR TO THE ISSUANCE OF AN ADMINISTRATIVE CITATION FOR THE SPECIFIED VIOLATION(S) OR ACTUAL NOTICE OF AN ADMINISTRATIVE CITATION. Section 2. Subsection 15-8(b) of the Wheat Ridge Code of Laws, concerning the service of a notice to abate a nuisance, is hereby amended as follows: (b) Service of notice. If written notice to abate is given, it shall be served by: (1) Personally delivering a copy of the notice to a tRe responsible party described in the notice if the responsible party also resides at the property; or (2) Mailing a copy of the notice by first class or certified mail, return receipt requested, to the last known address of A tRe responsible party as reflected in the county real estate records; or (3) Posting a copy of the notice in a conspicuous place at the SITE OF THE NUISANCE unoccupied premises. Section 3. Section 15-8 of the Wheat Ridge Code of Laws, concerning nuisance abatement, is hereby amended by the addition of two new subsections , (e) and (f), to read in their entirety as follows: (E) THE CITY 'S PROVISION OF NOTICE PURSUANT TO PARAGRAPH (B)(2) OF THIS SECTION TO THE LAST KNOWN ADDRESS OF A RESPONSIBLE PARTY AS REFLECTED IN THE RECORDS OF THE JEFFERSON COUNTY CLERK AND RECORDER'S OFFICE SHALL BE CONSIDERED ADEQUATE NOTWITHSTANDING ANY ERROR IN THE COUNTY'S RECORDS. AN OFFICER MAY REASONABLY RELY UPON CURRENT COUNTY RECORDS TO OBTAIN AN ACCURATE ADDRESS FOR A RESPONSIBLE PARTY . (F) AT ANY HEARING CONDUCTED PURSUANT TO SUBSECTION (C) OF THIS SECTION, THE MUNICIPAL COURT JUDGE MAY CONSIDER EVIDENCE OF ACTUAL NOTICE RECEIVED BY A RESPONSIBLE PARTY IN DETERMINING WHETHER ADEQUATE NOTICE OF A VIOLATION OR OF A CITATION HAS BEEN PROVIDED . THE JUDGE MAY FIND THAT NOTICE IS ADEQUATE DESPITE A LACK OF TECHNICAL COMPLIANCE WITH SUBSECTION (B) HEREOF UPON EVIDENCE THAT A RESPONSIBLE PARTY RECEIVED ACTUAL NOTICE OF A WRITTEN NOTICE TO ABATE A REASONABLE AMOUNT OF TIME PRIOR TO THE EXPIRATION OF THE ABATEMENT PERIOD. Section 4. Safety Clause. The City Council 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 fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of February, 2012, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for February 27, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue , Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2012. SIGNED by the Mayor on this ___ day of ________ , 2012. ATIEST: Janelle Shaver, City Clerk First Publication: February 16 , 2012 Second Publication: Wheat Ridge Transcript Effective Date : Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney .... ~ j ~ .. ~ ~ City of • .. ~Wheat&_dge ~OLJCE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager Daniel Brennan, Chief of Police FROM: Mary McKenna, Community Services Supervisor Support Services Division DATE: January 30 , 2012 SUBJECT: Staff Report: Proposed Revisions to Sections 2-83 and 15-8 of the City Code of Laws BACKGROUND The City ofWheat Ridge adopted the Administrative Enforcement Process in 2007. This new ordinance provided the City with a new model to resolve nuisance code enforcement, moving it from a criminal , due process model , to an administrative hearing process. This new process made resolving nuisance code complaints timelier, as well as provided for specific timelines for a property owner to bring a property into compliance. Since 2007 , this new model has enabled the City to be more responsive to community concerns regarding nuisance code issues , and has minimized the time and effort spent by City employees in achieving compliance. As staff continues to use this process , ideas for change and improvements are recommended that would increase the effectiveness of enforcement and the transparency of the Administrative Hearing Process. Staff has met with the City Attorney regarding three minor changes to the Sections 2-83 and 15-8 of the City of Wheat Ridge Code of Laws . The ordinance revisions are attached for your review. ISSUES The first recommendation would authorize multiple methods of service in issuing notices and citations. Sections 2-83 and 15-8 of the City of Wheat Ridge Code of Laws are very specific in the manner in which a notice or citation can be served. The changes to these sections would allow Community Service Officers (CSO 's) multiple methods of service in delivering nuisance notices , citations and abatement notices. The second is a clarification of the City's ability to rely on the real estate records from the Jefferson County Clerk and Recorder 's Office. CSO 's rely on the accuracy of the County real estate records in mailing notices to the last known address of a responsible party. The changes in Chapter 2 and Chapter 15 would include clarification, allowing the City to rely upon the accuracy of the County real estate records to obtain an address for a responsible party. Attachment 2 Staff Report: Proposed Revisions to Sections 2-83 and 15-8 of the City Code of Laws January 30,2012 Page2 The third is to authorize the Administrative Hearing Officer (AHO) or the Municipal Court Judge to consider the actual notice received by the responsible party, in lieu of a technically- perfect notice. The code currently does not provide authority to AHO's or the Municipal Court Judge to consider the actual notice received by a responsible party, when deciding whether they have been given adequate notice. The changes to Chapter 2 and Chapter 15 would provide authorization to the AHO or Municipal Court Judge to consider the actual notice received in lieu of a perfect or imperfect notice. There is no financial impact associated with these proposed changes. The benefits of the changes recommended provide the CSO's the ability to effectively enforce Chapter 2 and Chapter] 5 through the Administrative Citation Process. The Administrative Citation Process has provided the City of Wheat Ridge with a high compliance rate on violations. A draft of the proposed changes of Chapter 2 and Chapter 15 are attached. RECOMMENDATIONS Staff is supportive of these changes, because these revisions will make the Administrative Enforcement Process and Nuisance Abatement Process more efficient and effective. Staff is seeking direction from City Council regarding these proposed changes, prior to bringing these ordinance revisions forward for City Council action. ~ ' ., " .,. City of ?WheatRLdge ITEM NO :~ DATE: February 27 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 02-2012 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 11 TO UNIFY THE CONDITIONS FOR THE REVOCATION OR SUSPENSION OF A BUSINESS LICENSE AND TO PROVIDE FOR ADDITIONAL CLARIFICATIONS WITHIN THE CHAPTER ~ PUBLIC HEARING D BIDS /MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (02/13 /2012) ~ ORDINANCES FOR 2ND READING (02/27/2012) QUASI-JUDICIAL: D YES / 7 s Gerald E. Dahl, City Attorney ISSUE: In connection with the review of certain city business licenses , staff has recently reviewed certain provisions of Chapter 11 of the Wheat Ridge Code of Laws. Specifically, staff noticed inconsistencies in the instances in which a business license may be revoked , suspended or conditionally suspended. In addition , it was noted that once steps have been taken to take adverse action on a business license, there is no Code provision addressing what happens when a license holder fails to respond to the City. The proposed ordinance addresses these issues as well as general clarifications concerning numbering and cross-referencing within the Chapter. PRIOR ACTION: On January 23ra , the Council directed the City Attorney 's office to draft a proposed ordinance on the same. FINANCIAL IMPACT: None Council Action Form 02 /27 /2012 Page2 I • rt BACKGROUND: Recently, staff has been reviewing certain business licenses in the City. Specifically, staff has been reviewing the process to take an adverse action on such license when repeated violations of law have occurred at a business location. As the Code is currently written , the same grounds are not required to be present for a potential revocation and suspension (or conditional suspension) of a business license. By way of example, a violation of a City ordinance or state statute is grounds for suspension (or conditional suspension of a business license); however, it is not grounds for revocation of a license. The reason for this inconsistency is not clear. In the future , when the City Treasurer is called upon to act as a hearing officer for suspension and revocation actions , it will be simpler and clearer for the conditions for suspension and revocation to be the same. In addition , staff reviewed the procedure to be followed for suspension or revocation of a business license. Sec . 11-34 (renumbered to 11-32 by this Ordinance) did not provide any guidance in the situation where a licensee is notified the City is considering taking adverse action against the license, but the licensee opts not to take any action and fails to respond. This Ordinance provides that the City may take summary action on a license when a licensee fails to either request a hearing in front of the city treasurer or rectify the alleged violations at the business. Because the Code is currently silent on this point, the City would have no clear authority to take any action should a licensee simply fail to respond to City-initiated communication concerning the license. As a part of combining the requirements for suspension conditional suspension and revocation , several existing sections in the Code are renumbered by this Ordinance. Further, Sec. 11-226 contained a cross-reference to a penalty provision in Chapter 22 ; this has been amended to reference the general penalty provision in Chapter II (Sec. 11-22). RECOMMENDATIONS: Staff recommends adoption of this Ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No . 02-2012 , an ordinance amending the Wheat Ridge Code of Laws, Chapter 11 to unify the conditions for the revocation or suspension of a business license and to provide for additional clarification within the chapter on second reading, and that it take effect 15 days after final publication. Or, "I move to postpone indefinitely Council Bill No. 02-2012 an ordinance amending the Wheat Ridge Code of Laws, Chapter 11 to unify the conditions for the revocation or suspension of a business license and to provide for additional clarification within the chapter for the following reason(s) ____________ _ Council Action Form 02 /27/2012 Page 3 REPORT PREPARED BY; Gerald Dahl, City Attomey ATTACHMENTS: 1. Council Bill No. 02-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER REINHART Council Bill No. 02 Ordinance No. ___ _ Series 2012 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS, CHAPTER 11 TO UNIFY THE CONDITIONS FOR THE REVOCATION OR SUSPENSION OF A BUSINESS LICENSE AND TO PROVIDE FOR ADDITIONAL CLARIFICATIONS WITHIN THE CHAPTER WHEREAS, the City of Wheat Ridge is a home rule municipality having all powers conferred by Article XX of the Colorado Constitution; and WHEREAS, the Council has exercised these powers by the adoption of Chapter 11, Article II of the Wheat Ridge Code of Laws ("Code") concerning business licenses; and WHEREAS, Code Sec. 11-31 addresses suspension of a license, Code Sec . 11- 32 addresses conditional suspension of a license and Code Sec. 11-33 addresses revocation of a license; and WHEREAS, for consistency of administration, the Council has determined that the conditions for suspending, conditionally suspending or revoking a license should be the same; and WHEREAS, contemporaneously with this amendment, the Council has determined that additional sections of Chapter 11 should be amended for the sake of clarification. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Code Sec. 11-31 is hereby repealed in its entirety and reenacted to read as follows : Sec. 11-31. Suspension, conditional suspension or revocation. A business license may be suspended, conditionally suspended or revoked by the city treasurer pursuant to sec . 11-32: (1) When any activity conducted pursuant to such license violates a city ordinance or state statute ; (2) When it appears the activity conducted pursuant to such license is a public nuisance. When determining whether a public nuisance exists , the city treasurer shall consider whether the activity in Attachment 1 question is substantially similar to a public nuisance as defined by Chapter 15 of this code, state statute or the common law; (3) When it appears the license was obtained by fraud or misrepresentation or false statements within the application for such license; (4) When the business or activity being conducted under the license is a different business or activity than the business or activity for which the license was originally granted or duly amended. (5) Upon any other grounds provided by this Code. Section 2. Current Code Sees. 11-32 and 11-33 are hereby repealed in their entirety. Sec. 11-34 is hereby renumbered as Sec. 11-32. The remaining Sees. 11-33 and 11-34 are reserved for future enactment. Section 3. The last sentence of Code Sec . 11-32 (c) is amended as follows: The City Treasurer or other hearing officer shall determine whether the reasons for the denial, suspension, cancellation or revocation, as provided in sections 11-27, 11-28 , and 11-30 through ~ 11-31 , in fact exist. Section 4. Code Sec. 11-32 is hereby amended by the addition of the following subsection (i) to read as follows: (i) IN THE EVENT THE LICENSEE FAILS TO TAKE ACTION AS PROVIDED IN SUBSECTION (A)(1) OR (B) OF THIS SECTION , AT THE CONCLUSION OF THE TWENTY (20) DAY PERIOD SET FORTH IN SEC . 11-32 (A), THE CITY TREASURER MAY SUMMARILY REVOKE , SUSPEND OR CONDITIONALLY SUSPEND THE LICENSE AND MAIL NOTICE OF SUCH DECISION TO THE LAST KNOWN ADDRESS OF THE LICENSEE, RETURN RECEIPT REQUESTED . Section 5. Code Sec. 11 -226 (d)(2) is amended as follows: Any nonresident vendor who fails to comply with such order or directive may be issued a summons and complaint pursuant to section 22 46(h) 11- 22 , or may be subject to the impoundment of his property as specified in paragraph (e) of this section. Section 6. Direction to codifier. The codifier of the City Code is hereby directed to amend any cross-references in the Code which are impacted as a result of the renumbering of City Code sections by this Ordinance. Section 7. Severability, Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 8. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 13th day of February, 2012, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge, and Public Hearing and consideration on final passage set for February 27, 2012 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to _, this day of , 2012 . SIGNED by the Mayor on this __ day of _____ , 2012. ATTEST: Janelle Shaver, City Clerk First Publication: February 16, 2012 Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney • 4 ~ .. ... ~ or City of • JP'WheatRi_dge ITEM NO:~ DATE: February 27 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 14-2012 - A RESOLUTION AMENDING THE FISCAL YEAR 2012 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE-ENCUMBRANCE OF 2011 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $1,301,803.33 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N D READING D YES City Manager There are 50 open purchase orders from the 2011 budget that need to be carried over into the 2012 budget. Each purchase order is associated with a specific project that was not fully completed in the 2011 fiscal year. The funds which were encumbered for these purchase orders were transferred to the unreserved fund balance ofthe relevant fund when the purchase orders were closed . To continue these projects in 2012 , a supplemental budget appropriation in the amount of $1 ,301 ,803.33 is necessary to allow transfer of these funds into specific budget line items in the 2012 Budget. PRIOR ACTION: None FINANCIAL IMPACT: A supplemental budget appropriation is requested in the amount of$1 ,301 ,803.33 . When the purchase orders were closed on December 31 ,2011 the funds encumbered for those purchase orders were transferred to the unreserved fund balance in each of the funds listed below . Therefore, there are adequate funds in the various unreserved fund balances to meet this request and there will not be V:\Forms\CAFtemplate Council Action Form February 27 , 2 012 Page 2 .t.. a net negative effect to the unreserved fund balances. A detailed list of open purchase orders for 2011 is attached. The funds will be distributed as follows: General Fund Capital Investment Fund Open Space Fund Police Investigation Fund Conservation Trust Fund Total $1 ,301 ,803.33 BACKGROUND: $306 ,802.80 $440,161.18 $539 ,877 .08 $ 9,250.00 $ 5,712.27 Swanhorst & Company LLC , the City 's independent auditor, included the following note and recommendation in their 2004 Audit Management Letter dated March 25 , 2005: The City currently utilizes encumbrance accounting. State budget law requires the re-appropriation of purchase orders and projects for each new budget year . While the City is a horne-rule City and is not required to follow the State law , current practice throughout Colorado does not include the use of encumbrances. We recommend that the City consider utilizing generally accepted accounting principles (GAAP) for its budgeting basis. This will allow the City to use a single basis of accounting and simplify the budgeting and accounting processes. City Council adopted the 2004 Comprehensive Almual Financial Report on August 8, 2005 and approved a motion to direct staff to implement this recommendation . RECOMMENDATIONS: Staff recommends approval of the supplemental budget appropriations . RECOMMENDED MOTION: "I move to approve Resolution No. 14-2012 -A resolution amending the Fiscal Year 2012 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re- encurnbrance of the 2 011 fiscal year encumbered funds in the amount of$1 ,301 ,803 .33 Or, "I move to postpone indefinitely Resolution No. 14-2012 , a resolution amending the Fiscal Year 2012 Budget to reflect the approval of a supplemental budget appropriation for the re-appropriation and re-encurnbrance of the 2011 fiscal year encumbered funds in the amount of$1 ,301 ,803.33 for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager Council Action Form February 27 , 2012 Page 3 ATTACHMENTS: I. Resolution No. 14-2012 2. Open Purchase Orders for 2011 PO/LINE General Fund 01-109-700-702 60548 /1 01-109-700-702 ORDERED 12/31/11 CITY OF WHEAT k~vGE OPEN PURCHASE ORDERS AS OF 12/31/2011 DESCRIPTION CONF. & MEETING EXP. TRAINING I STAFF ASSESSMEN TOTAL OPEN QTY 1. 00 OPEN AMT 3,000.00 3,000.00 ORIG AMT 3,000 .00 VENDOR NO/NAME 29624 J RAMOS ASSOCIATES LLC Description: Department-wide training not conducted in 2011 due to staffing changes. Training will be conducted in 2012 and will focus on establishing an effective and efficient team. Additional funds were requested to allow for staff assessments and follow-up, in conjunction with the department -wide staff training. 01-112-700-750 60535/1 01-112-700-750 12/15/11 PROFESSIONAL SERVICES CONSULTING SERVICES TOTAL 1.00 18,000.00 18,000.00 18,000.00 22233 VARIOUS VENDORS Description: Funds previously identified in 2011 budget to pay for electronic appraisal system which has been put on hold and funds will support the City Council Strategic Plan Compensation Project involving a new pay plan design and pay-for-performance system . No work was done in 2011 as the project will need to be bid out. 01-117-800-806 COMPUTER SOFTWARE 60532/1 12/12/11 COLLECTIONS MODULE, CITY COURT 1.00 7,000.00 7,000.00 22233 VARIOUS VENDORS 01-117-800-806 TOTAL 7,000.00 Description: Municipal Court made a 2010/11 XT budget request to install ADG/3 rd party vendor interface to enable court to make collections available online via a 3 ~ party vendor. The request was approved in the 2011 budget but XT and Court were not ready to implement in 2011 baaed on other ADG City priorities . 01-201-800-809 OTHER MAJOR EQUIPMENT 60544/1 12/31/11 METAL SHELVING, PD EVIDENCE 1 .00 11,500 .00 11,500.00 22233 VARIOUS VENDORS 01-201-800-809 TOTAL 11,500.00 Description: The shelving project for the evidence building had to be re-bid. It is anticipated that the work will be completed in late January/early February. 01-202-700-704 CONTRACTUAL SERVICES 60392/1 04/18/11 LEAP CONSULTANT SERVICES 1.00 43,871.67 113,982.00 30503 AMEC ENVIRO/INFRASTRUCTURE 01-202-700-704 TOTAL 43,871.67 Description: This grant funded project completion date was pushed out to April 2012 and could not be completed in 2011. Attachment 2 Page I CITY OF ...• eAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/2011 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NO/NAME 01-202-700-755 COMPUTER SOFTWARE 60552/1 12/31/11 UNUSED GRANT FUNDS 1.00 2,808.00 2,808.00 22233 VARIOUS VENDORS 60553/1 12/31/11 UNEXPENDED 2010 GRANT FUNDS 1.00 50.00 50.00 22233 VARIOUS VENDORS 01-202-700-755 TOTAL 2 ,858.00 Description: Grant funds (2009 Byrne) were not expended due to a change in identified project. 01-202-800-809 OTHER MAJOR EQUIPMENT 60525/1 11/30/11 DECISIONAL SHOOTING SYSTEM 1. 00 40,960.00 40,960 .00 30606 TI TRAINING CORP 60553/2 12/31/11 UNEXPENDED 2 010 GRANT FUNDS 1. 00 99.47 99.47 22233 VARIOUS VENDORS 01-202-800-809 TOTAL 41,059.47 Description: Decisional shooting system has been ordered in 2011 but was received in early 2012. 01-207-650-657 RANGE SUPPLIES 60530/1 12/08/11 BC9NT3 9mm 100 GRAIN CQT 5.00 1,590.00 1,590.00 22923 ULTRAMAX AMMUNITION 60530/2 12/08/11 BC45CTI .45 RCP 155 GRN RHT 5 .00 1,635.00 1,635.00 22923 ULTRAMAX AMMUNITION 6053013 12/08/11 AE38K .33 SPECIAL 130 GRN FMJ 2.00 374.00 374 .00 22923 ULTRAMAX AMMUNITION 60530/4 12/08/11 AE380AP .380 AUTO 95 GRN FMJ 2.00 386.00 386.00 22923 ULTRAMAX AMMUNITION 60530/5 12/08/11 AE9AP 9mm 12 5 GRAIN FMJ 8.00 1,248 .00 1,248.00 22923 ULTRAMAX AMMUNITION 60530/6 12/08/11 AE40RI .40 S&W 180 GRAIN FMJ 10.00 2,060.00 2,060 .00 22923 ULTRAMAX AMMUNITION 6053017 12/08/11 AE4 5A 2 3 0 GRAIN FMJ 6.00 1,434.00 1,434.00 22923 ULTRAMAX AMMUNITION 60530/8 12/08/11 XM193 . 2 2 3 REMINGTON 55 GRAIN 10.00 1 ,430.00 1,430.00 22923 ULTRAMAX AMMUNITION 60536/1 12/16/11 MODEL #SP6921 COLT AR-15 RIFLE 3.00 2,697.00 2,697.00 21945 TOM & JOE'S FIREARMS 01-207-650-657 TOTAL 12,854.00 Description: Ammunition is typically backlogged1 therefore, it was unknown in late 2011 when the order would be filled . POit60536 -Three AR-15 rifles were ordered in 2011 but not received. Page2 CITY OF WHEAT k ... >.JGE OPEN PURCHASE ORDERS AS OF 12/31/2011 PO/LINE 01-211-650-660 60493/1 60526/1 60526/2 60526/3 60526/4 60526/5 60526/6 6052617 60526/8 60526/9 01-211 -650-660 ORDERED 10/07 Ill 12/08/11 12/08/11 12/08/11 12/08/11 12/08/11 12/08/11 12/08/11 12/08/11 12/08/11 DESCRIPTION OPEN QTY OPERATING SUPPLIES SCOTT M120 RESPIRATORS 7290M MINI FLASH BANG-SNGL USE 2581 SUPER SCK BEANBAG 12 GUAG 4500 40mm 4557 RELOAD KIT 5430 CS FLAMELESS CANISTER GRN 5230B CS BAFFLED CANISTER GRN 4431 40 rnm CS POWDER SPIN 7290MT FLASHBANG MINI, BLUE 201FB FLASHBANG RELOAD, BLUE 4557 40mm SPONGE SMOKELESS SPI TOTAL 15.00 24.00 60.00 1.00 4.00 4.00 10 .00 2 .00 35.00 10.00 Description: Munitions were ordered in 2011 from Neve's Uniforms but not 01-211-700-776 60513/1 60513/2 01-211-700-776 11/04/11 11/04/11 OTHER EQUIP . MAINT. 3X-12X50mm XTR SCOPE RETICLE MEDIUM SIGNATURE RINGS TOTAL 2 .00 2.00 OPEN AMT 4,155.00 858.00 369 .00 331.55 165.40 166.40 252.50 94.60 532.00 232 .00 7,156.45 received in .00 81.78 81.78 ORIG AMT 4,155.00 858.00 369.00 331.55 165 .40 166.40 252.50 94.60 532.00 232.00 2011. 1,590 .48 81.78 VENDOR NO/NAME 22695 FISHER SCIENTIFIC 9460 NEVE'S UNIFORMS, INC. 9460 NEVE'S UNIFORMS, INC. 9460 NEVE'S UNIFORMS, INC. 9460 NEVE'S UNIFORMS, INC. 9460 NEVE'S UNIFORMS, INC. 9460 NEVE'S UNIFORMS, INC . 9460 NEVE'S UNIFORMS, INC. 9460 NEVE'S UNIFORMS, INC. 9460 NEVE'S UNIFORMS, INC. 30629 BURRIS COMPANY, INC. 3 0 6 2 9 BURRIS COMPANY , INC . Description: Scopes were ordered and received in 2011. However, "signature rings" were on backorder. 01-215-650-660 60543/1 01-215-650-660 12!31/11 OPERATING SUPPLIES MAPPING SYS FOR JOINT E .O .C . TOTAL 1.00 2,000.00 2,000.00 2,000.00 22233 VARIOUS VENDORS Description: Funds were budgeted in 2011 for supplies and further development of the joint EOC with Lakewood. The two entities (Wheat Ridge and Lakewood) were looking into upgrading the EOC with enhanced mapping capabilities in 2012. 01-302-700-750 60038/1 60042/1 01-302-700-750 11/01/11 12/14/11 PROFESSIONAL SERVICES RE-EVAL ENVIRONMENTAL ASSESSMT BIKE/PED STREETSCAPE DESIGN TOTAL 1.00 1.00 1,255.06 89,917.00 91,172 .06 19,296.00 89,917.00 23511 FELSBURG HOLT & ULLEVIG 3 0 6 58 CHARLIER ASSOCIATES, INC. Description: POi60038, project not completed in 2011. POt60042, project contract not awarded until 12-12-11. Design work will start in 2012. Page3 CITY OF .. nEAT RIDGE OPEN PURCHASE ORDERS AS OF 12/31/2011 PO/LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NO/NAME FLEET REPLACEMENT 01-303-800-807 60540/1 01-303-800-807 12/23/11 EQUIP. INSTALL 3 PD VEHICLES TOTAL 1.00 40,000.00 40,000.00 40,000.00 29758 WIRELESS ADVANCED COMM INC Description: Funds need for equipment and lighting outfitting costs for three police patrol vehicles. Work could not be completed in 2011. 01-601-700-750 60478/1 60500/1 01-601-700-750 09/12/11 10/12/11 PROFESSIONAL SERVICES PREPARE NHR APPL, BAUGH HOUSE UPDATE PUBLIC ART ACTION PLAN TOTAL 1.00 2,975.00 3,500.00 30565 VICKY BUNSEN DOUCETTE 1 .00 1,400 .00 1,400 .00 22673 BARBARA NEAL INC 4,375 .00 Description: POl 60478, Baugh House restoration work. POl 60500, completed in 2012. consulting contract with Barbara Neal for the art action plan to be 01-624-700-774 60533/1 01-624-700-774 12/13/11 FACILITY REPAIR & MAINT REPLACE SLIDING DOORS, AAC TOTAL 1.00 9,622.00 9,622.00 9,622 .00 4910 DOOR SPECIALTIES Description: Replacement of sliding doors at the Active Adult Center. Due to the age of the doors, they cannot be repaired. Doors ordered in mid-December with a 4-6 week delivery time. 01-624-800-812 60286/1 01-624-800-812 07/06/11 BUILDING IMPROVEMENTS ACTIVE ADULT CNT ENERGY AUDIT TOTAL 1. 00 12 ,252 .37 12,252.37 97,740 .00 30540 ENNOVATE CORPORATION Description: The energy audit at the Active Adult Center is not complete. This is a CDBG reimbursable grant project that must be completed by Sept~er 2012. TOTAL 01 GENERAL FUND Capital Improvement Program (CJ:Pl 30-303-800-840 STREET IMPROVEMENTS STREET MAINTENA 60040/1 12/06/11 METAL BUS STOP SHELTERS 1.00 60041/1 12/08/11 BUS STOP SHELTER INSTALLATION 1.00 30-303-800-840 TOTAL 306,802.80 178,750.00 181,250 .00 360,000.00 178,750.00 181,250.00 30609 22233 DECAMIL VARIOUS VENDORS Description: POl 60040, Bus shelters purchased in November , 12 and then the project will be put out to bid. week delivery time on product . POl 60041, waiting on COOT plan approval Page4 PO/LINE 30-303-800-841 60036/1 30-303-800-841 ORDERED 09/15/11 CITY OF WHEAT h.UGE OPEN PURCHASE ORDERS AS OF 12/31/2011 DESCRIPTION OPEN QTY 32ND & YOUNGFIELD IMPROVEMENTS DESIGN: 32ND AVE WIDEN PROJECT TOTAL 1.00 OPEN AMT 5,450.82 5,450.82 ORIG AMT 92,900 .00 Description: Contract for professional services and item could not be completed in 2011. 30-303-800-844 60031/1 60031/2 30-303-800-844 06/06/11 06 /06/11 WADSWORTH BIKE/PED TRAIL WADS MULTI-USE TRAIL: CONTRACT CONTINGENCY TOTAL 1. 00 1. 00 9,887 .36 64,823.00 74,710 .36 324' 113 .90 64,823.00 VENDOR NO/NAME 23095 30524 30524 MARTIN/MARTIN CONSULTING E T&M CONSTRUCTION LLC T&M CONSTRUCTION LLC Description: Project was delayed due to complications and weather delays. Project will resume in April 2012. TOTAL 30 CAP:ITAL PROJECT FUND ()pen Space Fund 32-601-800-863 60380/1 60458/1 60459/1 60470/1 60471/1 32-601-800-863 03/29 /11 08/30/11 08 /30 /11 08 /30/11 08/31/11 DISCOVERY PARK PHASE III DESIGN/BUILD DISC. SKATE PARK DISCOVERY PARK PHASE III CONTINGENCY: DISCVY PRK III MATERIALS TESTING SERVICES PREFAB RESTROOM DISCOVERY PARK TOTAL 1. 00 1.00 1. 00 1.00 1.00 U0,161.18 350,000.00 137,225.58 46,000.00 1,651.50 5,000.00 539,877 .08 Description: Funds needed for completion of Phase :III Discovery Park project. TOTAL 32 OPEN SPACE FOND 539,877 .08 Police :Investigation Fund 17-202-800-812 60542 /1 17-202-800-812 12/31/11 TOTAL 17 POL:ICE :INVEST. FOND BUILDING IMPROVEMENTS PD TRAINING RM CABINETS/INSTAL TOTAL 1. 00 9,250.00 9,250.00 9,250.00 350,000.00 461,195.65 46,000.00 9,002.00 83,759.00 9,250.00 30493 22611 22233 30564 30505 TEAM PAIN ENTERPRISES, INC COLORADO DESIGNSCAPES, INC VARIOUS VENDORS TERRACON CONSULTANTS THE PUBLIC RESTROOM COMPAN 30288 METRO CONTRACTING SERVICES Description : Police Department Training Room cabinets were installed in December . Issues with the installation needed to be addressed before payment was made. :Improvaments have been completed. Page 5 CITY OF 1 •• c:AT RIDGE OPEN PURCHASE ORDERS AS OF 12 /31 /2011 PO /LINE ORDERED DESCRIPTION OPEN QTY OPEN AMT ORIG AMT VENDOR NO /NAME Conservation Trust Fund 54-601-800 -862 PARKS IMPROVE & DEVELOP PARKS & REC 60334 /1 01 /25 /11 PHASE III DISCOVERY PARK 1.00 5,712.27 80,685.00 29985 DESIGN CONCEPTS INC . 54-601-800-862 TOTAL 5,712.27 Description: Funds needed for completion of Discovery Park Phase III project which will be completed in 2012. TOTAL 54 CONSERVATION TRUST FUND 5,712.27 *** GRAND TOTAL *** 1301,803.33 Pa ge6 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14 Series of 2012 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012 BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION FOR THE RE-APPROPRIATION AND RE- ENCUMBRANCE OF 2011 FISCAL YEAR ENCUMBERED FUNDS IN THE AMOUNT OF $1,301,803.33 WHEREAS, the City's independent auditor has recommended that the City utilize generally accepted accounting principles (GAAP) for its budgeting basis which requires all encumbrances to expire at year end; and WHEREAS, 50 open purchase orders from 2011 were closed on December 31,2011;and WHEREAS, to continue these projects in 2012 a supplemental budget appropriation is necessary to transfer the funds from unreserved fund balances to specific 2012 budget line items: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge fiscal year 2012 Budget be amended accordingly, specifically transferring a total of $1,301,803.33 from the following unreserved fund balances to specific 2012 Budget line items as detailed in the attached spreadsheets: General Fund Capital Investment Fund Open Space Fund Police Investigation Fund Conservation Trust Fund Total $306,802.80 $440' 161 . 18 $539 ,877.08 $ 9,250.00 $ 5,712.27 $1,301,803.33 DONE AND RESOLVED this 2ih day of February 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 \. A ( .. ~ _ .,. City of • JP'WheatRi_dge ITEM NO:~ DATE: February 27,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENTS TO BOARDS AND COMMISSIONS D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES City Clerk r I City Manager ISSUE: Board and Commission vacancies were advertised in the Wheat Ridge Transcript, Channel 8 and the City's website. Current members were contacted by mail and asked if they wanted to serve another term. Applications were received and compiled by the Clerk 's Office with notification to Council on the status. FINANCIAL IMPACT: None BACKGROUND: March of the current year is the rumual renewal period for Board and Commis sion appointments. RECOMMENDATIONS: See Attachments for detailed list of district appointments and applicants. RECOMMENDED MOTION: "I move to appoint _________ to the ____________ _ Board/Commi ssion: term to expire _________ see Attachment 1. Council Action Form February 27,2012 . ' , REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Janelle Shaver, City Clerk ATTACHMENTS: I. Detailed appointments by position and district 2. Applicant list Page2 2012 BOARD AND COMMISSION APPOINTMENTS BY DISTRICT DISTRICT I I move to appoint: __________ to the Cultural Commission, term ending 3/2/15 __________ to the Parks & Recreation Commission, term ending 3/2/15 __________ to the Liquor Authority Board, term ending 3/2/15 __________ to the Planning Commission, term ending 3/2/15 __________ to the Board of Adjustment, term ending 3/2/15 __________ to the Animal Welfare Commission, term ending 3/2/15 __________ to the Building Code Advisory Board , term ending 3/2 /14 DISTRICT II I move to appoint: __________ to the Cultural Commission , term ending 3/2/15 __________ to the Liquor Authority Board, term ending 3/2/15 __________ to the Animal Welfare Commission, term ending 3/2/15 __________ to the Parks & Recreation Commission, term ending 3/2/15 DISTRICT I I I I move to appoint: __________ to the Cultural Commission, term ending 3/2/15 __________ to the Liquor Authority Board, term ending 3/2/15 __________ to the Parks & Recreation Commission, term ending 3/2/15 __________ to the Building Code Advisory Board , term ending 3/2/15 __________ to the Board of Adjustment , term ending 3/2/15 __________ to the Planning Commission , term ending 3/2/15 Attachment 1 DISTRICT IV I move to appoint: ----------to the Planning Commission , term ending 3/2/15 __________ to the Building Code Advisory Board , term ending 3/2/15 __________ to the Animal Welfare Commission , term ending 3/2/15 __________ to the Cultural Commission , term ending 3/2/15 __________ to the Liquor Authority Board, term ending 3/2/15 __________ to the Board of Adjustment, term ending 3/2/15 __________ to the Parks and Recreation Commission , term ending 3/2/14 AT-LARGE I move to appoint: __________ to the Cultural Commission , term ending 3/2/15 __________ as the Jefferson County School Liaison , term ending 3/2/15 __________ as the Jefferson County Library Liaison , term ending 3/2/15 AS OF 2/6/12 District I District II District III District I V A t L arge A nimal Welfare 1 1 1 Kathy Dietsch (R) Ema Mcintyre (R) Barbara Hance (R) Boa rd of Adjustment 1 1 1 Paul Griffith (R) Janet Bell (R) No Apps Received Sally Banghart (N) Building C ode 1 1 1 Ad visory No Apps Received Ron Abo (R) John Kellow (R) C ultural Commiss ion 1 1 1 1 1 Ronald Gehauf (R) Chad Harr (R) Virginia Johnson (R) Genevieve Wooden (N) Gay Porter DeNileon (N) Gay Porter DeNileon (N) H ousing A uthority 1 (Mayoral Appointment) Gayle Miller (N) Nancy Snow (N) Jeffers on County 1 L ibrary_ Board L iaison Monica Duran (N) J effe rson County 1 S chool Board Liaison Monica Duran (N) Chad Harr (N) Liquor Licensing 1 l 1 1 Carolyn Peterson (R) Kent Davis (R) Paul Shaver (R ) John Gargano (N) Sally Banghart (N) Joseph Maes (N) Parks & Recreation 1 1 1 1 Susan Seeds (R) Charles Spielman (R) G u y Nahmiach (R ) Karen Joos (N) Melissa Beck (N) Nancy Snow (N) Sally Banghart (N) Planning Commission 1 1 1 Anne Brinkman (R) Thomas Abbott (N) No Apps Received Sally Banghart (N) Amanda Weaver (N) Monica Duran (N) (R) = Reapply (N) =New Applicant Attachment 2 ~ .I~ ~" ., City of JP' WheatR.i._dge ITEMNO: 5. DATE: February 27,2012 REQUEST FOR CITY COUNCIL ACTION ~~~ TITLE: MOTION TO RATIFY MAYORAL APPOINTMENT TO THE HOUSING AUTHORITY D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk 7 ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2 DREADING D YES City Manager The members of the Housing Authority are appointed by the Mayor and ratified by City Council. Katherine Nuanes has served on the Housing Authority representing District III since 2004. Ms. Nuanes current term expires March 2, 2012 and she has chosen not to seek reappointment. Two applications were received for the vacant position. Those applicants are Gayle Miller and Nancy Snow, both residents ofDistrict III. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Members of the Housing Authority are appointed by the Mayor and ratified by City Council. Council Action Form February 27, 2012 Page2 r--1 . ~. ~' RECOMMENDATIONS: Mayor DiTullio is recommending that Gayle Miller be appointed to the Housing Authority representing District Ill. RECOMMENDED MOTION: "I move to ratify the District III Mayoral appointment of Gayle Miller to the Housing Authority, term to expire March 2 , 2017." Or "I move to deny the appointment of Gayle Milles to the Housing Authority for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Applications Board & Commission Application 1011 JAil ~itx, of Wheat Ridge _,c 3: J ' PLEASE !4PPL Y ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE : DATE: /-30-J0 /2. DISTRICT_~,J~---- HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE :_iy.tL DO YOU HAVE EXPERIENCE IN THIS AREA? r htt\) l .. T, P" \} ed »1 l 6t.Qn t''e "'tei I pr' fe cty ( r) =H.y€ c c±L~ . J HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO , WHICH ONE? HOW LONG? t) 7) ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES?__._~--------------- SIGNATURE od.'7F' IYld j_.e.e-...< PLEASE PRINT OR TYPE NAME :___..G--'~~A....,~r'-\ ;;;.._,_:_n_J+"","'--"l.....,/e ...... t..._' ------- ADDRESS : q '7 ~0 k«L 3/.e Clfh Ave iA.J B X: 0 0 3 3 HOME PHONE: 7J.O-q 11-Y093 BUSINESS PHONE : 30:5 -9 i2-7 7 [5 E-MAIL ADDRESS : \jell ow b u ~ I a d'j@ hoi-IY)a 1 I. C em APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City of Wheat Ridge Appointment PLEASE APPLY ONLY FOR ONE COMMITTEE APPLICATION FOR APPOINTMENT TO THE : /tt?VS/Ift?; /f: Otdc1 12 !rt/ {COMMITTEE} DATE ://~7 lc211 ~ DISTRICT _ __;~;;.__ ___ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE : -s\/AICE § GE=aRe- ARE YOU A REGISTERED VOTER? '/C'S / A(C~II.Ci()I?A Hdo/' WHY ARE YOU SEEKING THIS APPOINTMENT?~~~~J..Lti:!:Z!.2.......!:~~~~ SIGNATURE ~ (jc ,{~; PLEASE PRINT OR TYPE NAME : A/ /Wv cy /( SAl tl W ADDRESS : //10{) /.v ftJ-i-6 Jt/&7 HOME PHONE :.3tJ .S i aa -dt!J5'? BUSINESS PHONE :.~--/)J~~...!:.,;A=-------------- E-MAIL ADDRESS : /11 d'No4J f? 'TtJriJ.L~(J>qtSO, N sr APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR II "'~ A # ... r City of • J?'WheatRi_,dge ITEM NO:~ DATE: February 27,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 13-2012-A RESOLUTION APPROVING A CONSOLIDATION PLAT WITH AN ALLEY DEDICATION ON PROPERTY ZONED COMMERCIAL- ONE (C-1) LOCATED AT 5795 WEST 29TH AVENUE (CASE NO. MS-11-06) [8] PUBLIC HEARING D BIDS/MOTIONS [8] RESOLUTIONS ISSUE: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2ND READING [8] YES D NO £~ The applicant is requesting arproval of a consolidation plat on property z oned Commercial-One (C-1) located at 5795 W . 291 Avenue. Planning Commission considered this case at a public hearing held on January 19, 2012 and gave a recommendation of approval. Because this approval includes an alley dedication, City Council is the final approving authority. PRIOR ACTION: Planning Commission reviewed tllis request at a public hearing held on January 19 , 2012. A recommendation of approval was given for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2 . All utility providers can serve the property. Case No. MS-11-06 February 27 , 2012 Page2 (' ' . There were no conditions associated with the approval recommendation and no members in the audience at the public hearing who testified against the application. FINANCIAL IMPACT: One-time fees in the amount of $950 for the consolidation plat were submitted with the application. BACKGROUND: The property is located at the northeast comer ofW. 29th Avenue and Fenton Street and is zoned C-1. The subject property is comprised of three parcels that total 15,295 square feet. The site currently contains a one-story concrete block building that was built in 1958 and has a floor area of 1 ,520 square feet. The building contains a convenience store on the west side and a carwash on the east side. A publically-used alley abuts the property's eastern property line . The property owner is proposing demolition of the existing carwash with reconstruction to allow interior remodeling and expansion with liquor sales. A convenience store with gas pumps is typically a special use in the C-1 zone district but is considered an existing condition and can remain without going through an SUP process. Liquor sales in a C-1 zone district are a permitted use. The applicant received approval of a retail liquor license in July 2011. A building pe1mit application for remodeling and expansion is in process and no liquor sales can occur until construction is complete and a Certificate of Occupancy is issued. Because the City does not allow new construction on multiple parcels, a consolidation plat is required. The surrounding properties include a variety of land uses and zoning. To the north is the Wheat Ridge Manor Nursing Home which is zoned R-3A. Residential properties zoned R-1 C abut the property across the alley to the east. To the south is an auto repair shop zoned C-1, and across Fenton Street to the west is Denver Water's Ashland Reservoir. The proposed plat will consolidate the property from three lots into one lot. No right-of-way dedications are required for 29th and Fenton except for a radius at the comer. The public alley to the east is required to be dedicated in the amount of eight feet. The property owner will be required to pay fees to the City in lieu of construction for the cost of public improvements along both Fenton and West 29th Avenue as part of the building permit process. Staff concludes that the proposed consolidation plat is compliant with Article IV of the zoning and development code. The application has been through a standard City and outside agency referral process. No issues of concern have been raised. The Planning Commission staff report is attached for additional background on this application. • I Case No. MS-11-06 February 27, 2012 Page 3 RECOMMENDED MOTION: "I move to approve Resolution No. 13-201 2, a resolution approving a consolidation plat with an alley dedication on property zoned Commercial-One located at 5795 West 29th A venue (Case No. MS-11-07), for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate redevelopment on the property. 3. All utility providers can serve the property." Or, "I move to postpone indefinitely Resolution No. 13-2012, a resolution approving a consolidation flat with an alley dedication on property zoned Commercial-One located at 5795 West 29t Avenue (Case No. MS-11-07), for the following reasons: " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 13-2012 2. Planning Commission staff report with exhibits TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 13 Series 2012 A RESOLUTION APPROVING A CONSOLIDATION PLAT WITH AN ALLEY DEDICATION ON PROPERTY ZONED COMMERCIAL-ONE, C-1, LOCATED AT 5795 WEST 29TH AVENUE (CASE NO. MS-11-06) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of requests to subdivide, consolidate and plat land; and WHEREAS, an application for approval of a building permit for redevelopment on property at 5795 W. 29th Avenue has been submitted for building permit; and WHEREAS, the proposed consolidation plat will accommodate the new redevelopment scenario for the property; and, WHEREAS, the proposed consolidation plat was referred out to all necessary internal and external referral agencies; and, WHEREAS, the plat was reviewed and recommended for approval by the Planning Commission at a public hearing on January 19, 2012. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows THE FINAL PLAT KNOWN AS HOTHI SUBDIVISION IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate redevelopment on the property. 3 . All utility providers can serve the property. DONE AND RESOLVED by the City Council this 2ih day of February, 2012. ATTEST: Janelle Shaver, City Clerk By: ________________________ _ Jerry DiTullio, Mayor Attachment 1 .., .. 4# ... ~ ., City of • .. rct:Wheat&._dge ~OMMUNITY DEVELOPMENT CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT T AFF REPORT TO: Planning Commission CASE MANAGER: M. Reckert DATE OF MEETING: January 19,2011 CASE NO. & NAME: MS-II-06Narma ACTION REQUESTED : Approval of a three lot consolidation plat on C-1 zoned property LOCATION OF REQUEST: 5795 W. 29 1h A venue PROPERTY OWNER: Dajit Hothi PRESENT ZONING: C-1 Commercial-One CURRENT USE: Convenience store with gas islands ENTER INTO RECORD: SUBDIVISION REGULATIONS CASE FILE & PACKET MATERIALS ZONING ORDINANCE DIGITAL PRESENTATION Planning Commi ion MS-JJ.Q6Nanna Attachment 2 SITE All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a three lot consolidation plat on C-1 zoned property located at 5795 West 29th Avenue. The purpose ofthe request is to remove intemal property lines to accommodate building remodel and expansion. Lot consolidations for 5 lots or less follow the minor subdivision process. However because there is a right-of-way dedication occurring for the alley adjacent to the property, City Council will be the final authority for approval with Planning Commission providing a recommendation. II. EXISTING CONDITIONS The property is located at the northeast comer of W. 291h A venue and Fen ton Street and is zoned Commercial-One (C-1 ). The subject property is comprised of three parcels that total 15 295 square feet. The site currently contains a one-story concrete block building that was built in 1958 and has a floor area of 1 ,520 square feet. The building contains a convenience store on the west side and a carwash on the east side. To the north and west of the building is a landscaped area, and the remainder of the lot is paved with two freestanding gas pumps located in the middle of the paved area. Three curb cuts provide access to the site-one off of Fenton Street and two off of W. 29th A venue. A streetscape project was completed by the City in 2003 which included installation of curb, gutter, and sidewalk on the 29111 Avenue frontage, a decorative wall at the intersection with Fenton, and three tree grates on W. 29th Avenue. There is an existing attached sidewalk roughly four feet in width along Fenton Street. A public alley abuts the property's eastern property line. The property owner is proposing demolition of the existing carwash with reconstruction to allow interior remodel and expansion with liquor sales. A convenience store with gas pumps is typically a special use in the C-1 zone district but is considered an existing condition and can remain without going through an SUP process. Liquor sales in a C-1 zone district is a permitted use. The applicant received approval of a retail liquor license in July 20 II. A building permit review for remodel and expansion is in process and no liquor sales can occur until construction is complete and a Certificate of Occupancy is issued. Because the city does not allow new construction on multiple parcels, a consolidation plat is required. (Exhibit 1, Aerial Qhoto with existing lot lines) The surrounding properties include a variety of land uses and zoning. To the north is the Wheat Ridge Manor Nursing Home which is zoned R-3A. Residential properties zoned R-1 C abut the property across the alley to the east. To the south is an auto repair shop zoned C-1 , and across Fenton Street to the west is Denver Water's Ashland Reservoir. Ill. PROPOSED SUBDIVISION PLAT The proposed plat will consolidate the property from three lots into one lot (Exhibit 2, Plat). Planning Commi . ion MS -1 1-06 anna 2 No right-of-way dedications are required for 29th and Fenton except for a radius at the comer. The public alley to the east is required to be dedicated in the amount of 8'. The property owner will be required to pay fees to the city in lieu of construction for the cost of public improvements along both Fenton and West 29'h Avenue as part of the building permit process. Staff concludes that the proposed consolidation plat is compliant with Article IV of the zoning and development code. IV. AGENCY REFERRALS All affected service agencies were contacted regarding the ability to serve the property. All have indicated that they can serve the property subject to required improvements constructed by the property owner with the building expansion. Specific referral responses follow. Xcel Energy: Can serve. Wheat Ridge Water: Can serve. Wheat Ridge Sanitation District: Can serve. Wheat Ridge Fire: Can serve. Wheat Ridge Public Works: The Public Works Department has reviewed and approved the proposed plat. Dedications for the intersection corner radius and alley are being required. Fees in lieu of public improvements construction for both 29th and Fenton will be required. Wheat Ridge Police: No concerns. Wheat Ridge Economic Development: No concerns. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed subdivision meets all of the requirements of Article IV of the zoning and development code and all service agencies can accommodate the proposed building and site modifications. Therefore, Staff recommends approval of Case No. MS-11-06. VI. SUGGESTED MOTIONS: Option A: "I move to RECOMMEND APPROVAL of Case No. MS-11-06, a request for approval of a three lot consolidation plat on C-1 zoned property located at 5795 West 29th A venue, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. All utility providers can serve the property." Planning Commission MS-Il-06Narma 3 Option B: "I move to RECOMMEND DENlAL of Case No. MS-11-06, a request for approval of a three lot consolidation plat on C-1 zoned property located at 5795 West 291h Avenue, for the following reasons: 1. 2." Planning Conunission MS-li -06N arma 4 EXHffiiT 1 ~ l ~ ~~ ... City of JP"WheatR.L_dge ITEM NO:~ DATE: February27, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 09-2012 - A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $71,376 FOR THE FUNDING OF THE ZOPPE CIRCUS EVENT D PUBLIC HEARING D BIDS/MOTIONS [g) RESOLUTIONS City Manager ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES [g) NO City Council approved a Performance Agreement with Zoppe Family, Inc. and a Consulting Agreement with Success Resources to provide for the production of the Zoppe Italian Family Circus from August 17th to August 26th. This resolution amends the 20 I 2 General Fund Budget in the amount of $71,376. This amount reflects the balance of funds required per the Performance Agreement, the Consulting Contract and the additional budget expenses. PRIOR ACTION: A resolution amending the 2012 budget in the amount of$34,500 was approved on January 9, 2012 for payment of the first deposit of$24,000 to the Zoppe Circus as required by the Petformance Agreement and the full amount of $1 0,500 as required by the Consulting Contract. The $71,376 reflects the balance required to meet the total financial commitment of$105,376. FINANCIAL IMPACT: The total cash financial impact to the City is $105 ,376. The City will receive all revenues from ticket sales and sponsorships for the Zoppe Circus to offset a portion of the expense. Additional in-kind services will be provided by the City including staff labor and other miscellaneous expenses. Additional expenses could also be incurred due to any potential damage to the City's soccer field or park grounds. CAF -Zoppe Italian Famil y Circus February 27 ,2012 Page 2 • •, • 1. The total projected revenues from circus performances, vendors and sponsorships is $101 ,000 . The net difference in expenses and revenues is ($4 ,376). Expenses: Artist Services Consulting Services Supplies, Fees , Advertising Carnation Festival Fee Contract Labor Total Revenues: Sponsorships Ticket Sales Vendors Other Total BACKGROUND: $70,000 $10,500 $13 ,450 $6 ,500 $4,926 (could be reduced by volunteer labor) $105,376 $25 ,000 $65 ,000 $6 ,000 $5,000 $101,000 The Zoppe Family Circus approached the City in 2011 about the possibility ofbringing the Circus to the City of Wheat Ridge in the summer of 2012. Discussions were held with the Carnation Festival Board to determine if the Circus could be added to the Carnation Festival activities as its signature event. The Board unanimously voted to support the event and to work with the City to ensure its success. The Zoppe Circus was founded in 1842 in Venice, Italy by Napoleone Zoppe and his wife Ermengilda. Napoleone 's great-grandson , Alberto Zoppe inherited the Circus almost 100 years later. The Zoppe 's offer an "unapologetically authentic, one-ring circus where you will sit on wood-plank bleachers and enjoy the great traditions of circus." The Circus is scheduled to present 15 performances at Anderson Park starting on August 17 , and ending on August 26 , 2012. Tickets will be sold for $15 each and coupons will be distributed to discount this price to $10. The City will be obligated to a budget of approximately $105 ,376 to pay for the perfonnances and expenses related to the operations of the Circus. The City will receive all revenues from ticket sales and sponsorships to offset a portion of the expenses. RECOMMENDATIONS: Staff recommends approval of the budget amendment reflecting the balance required per the event budget approved by City Council on January 9th. In addition , Staff recommends approval of the supplemental budget appropriation to meet the initial financial requirements of the contract. CAF -Zoppe Italian Family Circus February 27, 2012 Page3 RECOMMENDED MOTION: "I move to approve Resolution No. 09-2012 -a resolution amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of$ 71 ,3 7 6 for the funding of the Zoppe Circus e vent." Or, "I move to postpone indefinitely Resolution No. 09-2012 -a resolution amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $71 ,376 for the funding of the Zoppe Circus event for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 09-2012 2. Event budget (contract exhibit) CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 09 Series of 2012 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $71,376 FOR THE FUNDING OF THE ZOPPE CIRCUS EVENT WHEREAS, the City Council recognizes the importance of bringing quality cultural events to the City of Wheat Ridge for the enjoyment of its residents; and WHEREAS, the Zoppe Family Circus has presented an event proposal to the City of Wheat Ridge to bring their Circus to the City from August 17-26, 2012; and WHEREAS, the Carnation Festival Committee Board unanimously voted to support the Circus as the Festival's signature event; and WHEREAS, the City Council approved the contracts for this event on January 9, 2012;and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the transfer of $71 ,376 from the general fund undesignated reserves to account number 01-102-700-750 and amending the 2012 fiscal year budget accordingly. DONE AND RESOLVED this 27th day of February 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 2012 PROPOS E D BUDGE REVENU E ITEM C1rcu~ Spon~or Sale~ • \~sumed 13 performances x 500 x S10 12 x 250 x 2 weekend~ ew Italian Elements TBD t I 2012 PROPOS E D BUDG ET Circus Fcc Tech Rider Ticket Outlet DESCRIPTION PROPOSED 2-wcek Performance Run flay, sawdust, dumpsters, gcn I per ticket sold x 6500 ocs Local & \ndiamo, 5 flyer I 00 add'l chairs & fcncmg Related to cw I tal ian I terns 10°1o of Circu,; Ticket Sales Attachment 2 70.000.00 1,7 50.00 1/9/12 1 2012 PROPOSED BUDGET Contract Labor Contract Labor Contract l .abor Event Security Contract Labor DESCRIPTION Set-up and Tear down 6ppl x S8 /hr x 8lm x 2 weekend~ Ticket-rakers / s hers /Trash Pick-up 6ppl x 8 /hr x 21lus x 2 weekends Ticker Sales On-sire 2ppl x 8/hr x 2 11m x 2 weekends 2ppl x 35/hr x 21 hrs x 1 weekend Get Connected l ~vcnt~ Coordinator l'ce-all Circus _\ttract:ion Elements • • • 768.00 2,016.00 2012 BUDGET SUMMARY SUMMARY RE\'EN E GE ER,\L EXPE 1SES CO '11t,\C:T L\BOR ET s s • 101,000.00 89.950.00 15 ,426.0 0 (4,376.00) 1/9/12 2 \ l ~ ~ .,. City of :rwheatRi_dge ITEM NO:~ DATE: February 27,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE PURCHASE OF FOUR MARKED POLICE SEDANS, ONE LARGE 4X4 PICKUP TRUCK WITH PLOW, TWO SMALL LIGHT DUTY 4X4 PICKUP TRUCKS, ONE SEVEN-PASSENGER MINI-VAN AND ONE 6X4 TANDEM TRUCK CAB & CHASSIS IN AN AMOUNT NOT TO EXCEED $369,755 D PUBLIC HEARING rgj BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES ~// ~ ~#u---7- Public Works Director City Manager ISSUE: Staff recommends the purchase of the following vehicles under the State of Colorado Price Agreements: Four (4) 2012 Chevrolet Caprice Police Option Marked Sedans $ 29,140/ea. One (1) Large 2012 Ford F-250 XL, HD, 4x4, Standard Cab Pickup with snow plow for Parks and Recreation Department $ 2 5,333 /ea. One (1) Small2012 Chevrolet Colorado, 4x4, Extended Cab Pickup for Community Development Department $ 19 ,060/ea. One (1) Small 2012 Chevrolet Colorado, 4x4 , Extended Cab Pickup for Park s & Recreation Department $ 18 ,783 /ea. One (1) 2012 Dodge Grand Caravan 7 Passenger Mini-Van for Parks and Recreation Department $ 20 ,706/ea. Council Action Fonn February 2 7, 201 2 Page 2 r .(.j One (1) 2012 International 7500 SFA 6x4 Tandem Cab & Chassis Total Cost: $1 02 ,313 /ea. $302 ,755 Staff also requests approval to purchase, install and/or relocate auxiliary equipment required for the operation of the replacement vehicles along with installation of lighting, markings and communication equipment at a total not-to-exceed cost of$67,000. The total expense of the vehicles , including preparation for use , is not to exceed $369 ,755. PRIOR ACTION: None FINANCIAL IMPACT: The funds for these contracts are budgeted in the 2012 Public Works Department General Fund Budget, Account Number 01-303-800-807 , Fleet Replacement. The combined total approved budgeted amount for the cost of vehicles and large equipment, including the cost of the transfer, purchase and installation of new and used equipment, lighting, markings , communications and other miscellaneous equipment is $504 ,000. BACKGROUND: The rumual review of the City fleet ofvehicles and major equipment identified 34 vehicles and 13 pieces of heavy equipment that qualify for replacement. The City vehicle and equipment replacement policy, revised by the City Council in 2007 , was utilized to determine replacement eligibility. Financial restraints have limited the budget dedicated to vehicle and equipment replacement for several years and each year un-funded vehicle requests have grown . This year nine vehicles are programmed for replacement, leaving $2.4 million dollars in high mileage or outdated vehicles and equipment in the fleet. Vehicle repairs , maintenance ru1d downtime are expected to continue to increase as the fleet ages. One fully-equipped pickup will also be added to the fleet for use by the Building Division of the Community Development Department. RECOMMENDATIONS: Staff recommends the purchase of the following vehicles this year: Four new model year 2012 Chevrolet Caprice police option marked sedans to be purchased from Mike Shaw Buick Pontiac-GMC , Inc., Colorado Springs , Colorado to replace four existing, high mileage 2007 Ford Crown Victorias , units 80 , 94 , 97 and 98 , in the Patrol Division of the Police Department. One new model year 2012 , large Ford F-250 heavy duty, 4x4, pickup with snow plow to be purchased from Heritage Ford Lincoln Mercury, Loveland , Colorado to replace one existing, high mileage 1999 GMC 350 pickup , unit 246 , in the Open Space Division of the Parks & Recreation Department. Council Action Form February 27 , 2012 Page 3 One new model year 2012, small Chevrolet Colorado, 4x4, extended cab pickup to be purchased from Mike Shaw Chevrolet dba Colorado Boulevard Motors, Colorado Springs, Colorado to replace one high mileage 2001 Dodge Dakota pickup, unit 304, in the Building Maintenance Division of the Parks and Recreation Department. One new model year 2012 small , Chevrolet Colorado, 4x4, extended cab pickup to be purchased from Mike Shaw Chevrolet dba Colorado Boulevard Motors, Colorado Springs, Colorado. This vehicle is a new addition to the fleet for the Building Division of the Community Development Department. One new model year 2012 Dodge Caravan ?-passenger minivan to be purchased from Johnson Auto Sales, Inc. dba Johnson Auto Plaza, Brighton, Colorado to replace one existing, high mileage 1996 Dodge Caravan, unit 70, in the Recreation Division of the Parks and Recreation Department. One new model year 2012 International 750 SFA 6x4 cab and chassis to be purchased from McCandless Truck Center LLC, Aurora, Colorado to replace one existing, high mileage 1999 International4900 dump truck snow plow, unit 247, in the Operations Division of the Public Works Department. All of the vehicles listed above will be purchased through Colorado State Price Agreements. All of the vehicles being replaced will be disposed ofby public auction. The estimated cost of auxiliary equipment, markings, decals and miscellaneous items for the four police patrol vehicles is $50,000. The estimated cost of auxiliary equipment, decals and miscellaneous items for the three pickups and the mini-van is $15 ,000. The estimated cost of decals and miscellaneous items for the tandem cab and chassis is $2 ,000. The estimated cost of a dump box, auxiliary snow and ice removal equipment, lighting, hydraulics and miscellaneous snow removal items to outfit the tandem cab and chassis truck is $1 00,000 and is to be advertised for bid at a later date. The total cost of the auxiliary equipment, decals, marking and miscellaneous equipment requested at this time will not exceed $67 ,000. RECOMMENDED MOTION: "I move to approve the purchase ofthe 201 2 vehicle replacements from Mike Shaw Buick Pontiac-GMC, Inc., Colorado Springs, Heritage Ford, Loveland, Mike Shaw Chevrolet, Colorado Springs, Johnson Auto Sales, Inc., Brighton and McCandless Truck Center LLC, Aurora, Colorado for a total cost of$302,755. I further move to approve an expenditure in the not-to-exceed the amount of$67 ,000 for the purchase, installation and /or relocation of auxiliary equipment required for the operation of the vehicles along with the installation of markings and communication equipment." Council Action Form February 2 7, 201 2 Page4 Or, "I move to postpone indefinitely the approval of the purchase of the 2012 vehicle replacements for the following reason(s): " REPORT PREP AREDIREVIEWED BY: Report Initiated by: Greg Knudson, Operations Manager Report Prepared by: Tim Paranto , Director of Public Works Reviewed by: Jennifer Nellis, Purchasing Agent ATTACHMENTS: 1. Vehicle Price Summaries CITY OF WHEAT RIDGE Specifications for one (1) Community Development Department-Building Division -Small, Extended Cab, 4x4 Pickup (New Addition to Fleet) February 10, 2012 BASED ON 2012 STATE OF COLORADO PRICE AGREEMENT 07000YYY22M Base vehicle as bid : 2012 Chevrolet Colorado, 4x4 Pickup : Standard Specifications Body Code: F1 Interior Seats: Cloth Exterior Color: SOU -Summit White Fuel Type : Gasoline Factory Options 098 Extended Cab Long Bed-4 Door 423 Tool Box-Across Bed Box, Gull Wing 442 PKG : Strobe Light 468 Spray-In Bedliner Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: Attachment 1 $15,867.00 $2,206.00 $ 310.00 $ 277.00 $ 400 .00 $ 3,193.00 $19,060.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Dept. -Large , 4x4 Pickup With Plow (Replacement for Unit #246) February 10, 2012 BASED ON 2012 STATE OF COLORADO PRICE AGREEMENT #07000YYY34M Base vehicle as b id : 2012 Ford F250 XL , 3/4 T on , 4x4 , Standard Cab Pickup : $20 ,198.00 Standard Specifications Body Code : F3 Exterior Color: Z1 , Oxford White Interior Type/Color: 1 S(Cioth-40/20/40 Split Bench)/Steel Fuel Type : E85 Unleaded Gasoline Factory Options 423 Tool Box -Across Bed Box , Gull Wing Double Lid 430 Package : T owing/RCVR Hitch 438 Package: 7.5 ' Snow Plow (steel mo ldboard) 439 Snow Plow Prep 443 Package : Roof Strobe Light-3/12 " Maxim um Height 468 Spray-In Bedliner Total Price of Factory Options : Total Price of Vehicle Only with Selected Factory Options : $ 350 .00 $ ST D $ 3 ,950 .00 $ 85 .00 $ 300 .00 $ 450.00 $ 5,135.00 $25,333.00 CITY OF WHEAT RIDGE Specifications for one (1) Public Works Department Solid Front Axle (SFA) 6X4 Cab & Chassis (Replacement for Unit 247) January 27, 2012 BASED ON COLORADO DEPARTMENT OF TRANSPORTATION AWARD #HAA IFB #125 MM Base vehicle as bid : 20121nternational7500 SFA 6x4 (SA537) $108,907.00 Standard Specifications See Attached Option Deduct(s) MaxxForce engine @ 350 hp/1150 lb. ft. torque TOTAL DEDUCTS: Option Addition(s) 38. Hood Hatch 42. Michelin Tires 49 . Heated Windshield TOTAL ADDITIONS: Total Price of Vehicle Only: ($8,475.00) ($8,475.00) $ 463 .00 $ 786.00 $ 632.00 $ 1,881.00 $102,313.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Department-Building Maintenance Division -Small, Extended Cab , 4x4 Pickup (Replacement for Unit 304) February 10, 2012 BASED ON 2012 STATE OF COLORADO PRICE AGREEMENT 07000YYY22M Base vehicle as bid: 2012 Chevrolet Colorado , 4x4 Pickup : Standard Specifications Body Code : F1 Interior Seats: Cloth Exterior Color : SOU-Summit White Fuel Type : Gasoline Factory Options 098 Extended Cab Long Bed-4 Door 423 Tool Box-Across Bed Box , Gull Wing 468 Spray-In Bedliner Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $15,867.00 $ 2 ,206.00 $ 310 .00 $ 400.00 $ 2,916.00 $18,783.00 CITY OF WHEAT RIDGE Specifications for one (1) Parks & Recreation Department-Recreation Division - Small , 7 -Passenger, Front Wheel Drive Mini Van (Replacement for Unit #70) February 10, 2012 BASED ON 2012 STATE OF COLORADO PRICE AGREEMENT 07000YYY28M Base vehicle as bid: 2012 Dodge Grand Caravan SE : Standard Specifications Body Code: DB Exterior Color: Stone White Clear Coat Interior Seats/Color: Cloth/Light Graystone Fuel Type : E85 Gasoline Factory Options 306 Auxiliary Rear Heating & Air Conditioning Total Price of Factory Options: Total Price of Vehicle Only with Selected Factory Options: $20,231.00 $ 475.00 $ 475.00 $20,706.00 CITY OF WHEAT RIDGE Specifications for four (4) Police Department marked patrol sedans. (Replacement for Units 80 , 94 , 97 & 98) February 10, 2012 BASED ON STATE OF COLORADO PRICE AGREEMENT# 07000YYY22M Base vehicle as bid : 2012 Chevrolet Caprice Patrol Sedan : Standard Specifications Body Code : A7-Police Package Fuel Type : E85 Base Body Color : GIE-Phantom Black Metallic Factory Options $27 ,670 .00 6E3 Keyed Alike (code 6E3) $ 25 .00 311 Seats : Cloth-Front (Dark) Vinyl-Rear (Dark) $ 110.00 BS3 Four Doors & Roof Painted Heron White (Color Code Gil) @ $225/Panel Door & Roof $1 ,125 .00 507 Right Spotlight: Clear Lens $ 210 .00 Total Price of Factory Options: $1,470.00 Total Price of Vehicle Only with Selected Factory Options: $29,140.00 ~ ~ l, ~ ~ " City of • JP'WheatR.i_dge ITEM NO:~ DATE: February 27,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO A WARD ITB-12-02, 2012 CRACK SEAL PROJECT, TO COATINGS INC., ARVADA, IN THE AMOUNT OF $99,963, WITH A CONTINGENCY AMOUNT OF $9,996 D PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS Public Wor ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 ° READING ES City Manager The 2012 Crack Seal Project will provide street maintenance throughout the City by priority. The crack filling treatment will reduce water infiltration under the pavement and extend the pavement life ofthese streets as part of the on-going maintenance program. This project is the first of the three preventive maintenance projects that the City will implement this year. On February 08 , 2012 , seven bids were received for the 2012 Crack Seal Project. All bids met the initial bid requirements , with three out of budget range. The apparent low bidder was Coatings, Inc., Arvada, Colorado in the total amount of$99,963. The company's references and experience were evaluated by Public Works staff as a basis for recommendation. PRIOR ACTION: None FINANCIAL IMPACT: Funding for 2012 Crack Seal Project has been approved in the Preventive Maintenance Projects line item of the 2012 Capital Investment Program budget in the amount of$2,000,000. Performing this project will extend the useful life of the streets treated. All costs associated with thi s contract will be paid from account number 30-303-800-884 . Council Action Form February 27 ,2012 Page2 •• BACKGROUND: Bids for the 2012 Crack Seal Project, #S-PM-02-12, were opened on February 8, 2012. Seven bids were received. The bid provides crack sealing to streets throughout the City by priority. The proposals ranged from $99 963 to $142,500. The engineer's estimate was $114,550. The most qualified and apparent lowest responsible and responsive bidder is Coatings, Inc., Arvada with the bid amount of$99,963. A 10% contingency amount of $9,996 is requested for the cost of other items related to the project. RECOMMENDATIONS: Based upon the contractor's demonstrated capabilities and experience on previous City projects, staff recommends the bid award to Coatings Inc. RECOMMENDED MOTION: "I move to award ITB-12-02 , 2012 Crack Seal Project to Coatings Inc., Arvada, in the amount of $99,963 , with a contingency amount of$9,996 and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$109,959." Or, "I move to postpone indefinitely the award of ITB-12-02 2012 Crack Seal Project to Coatings lnc., Arvada , for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Tim Paranto , Director of Public Works ATTACHMENTS: 1. Bid Tabulation Sheet .. ~'4 • • P' City of • ~WlieatR:Ldge PROJECT: ITB-12-02 2012 CRACK SEAL PROJECT REQUESTED BY: RUSS HIGGINS, PUBLIC WORKS· ENGINEERING \ DUE DATE/TIME: WEDNESDAY, FEBRUARY08,2012 BY 2 P.M. LOCAL TIME OPENED BY: JENNIFER NELLIS, PURCHASING AGEN WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN c.tf<" VENDOR A-1 CHIP SEAL COATINGSJNC . FOOTHILLS 0 AVING PLM_ ~puA,LT & CONCRETE !_O(Anor-.. DENVER, CO ARVADA, CO GOLDEN, CO AURORA, CO ~• ·:<r ,,,.,,,,..,. -,.,~•·,. :l."'f.:;-.c!!!l· : .. :._'•-~' -~IT F ,· -,-+.j..,--~-: .... '.x-I!" • ll;' ~...-~:'~~" "lcbe: SIGNATURE PAGE YES YES YES YES ACCEPTS VISA SEE BID NO YES NO l.ta.c,., ;::;.:rtEDGE ADDENDUM 1 YES YES YES YES tCO...,TRACTOR'S QUALIFICATION FORM YES YES YES YES ILLEGAL ALIEN COMPLIANCE YES YES YES YES LIST OF SUB -CONTRACTORS YES YES YES YES NON-COllUSION AFFADAVIT YES YES YES YES BID BONO YES YES YES YES UNITPRIC£ 1:1\IO:....,tUI'I UNITPRIC£ ""''"....,,.., ... UNf!!Rf_C£ "-"lt:;I'O;,tiUI'I UNIT PRICE r.Ait:;l""'..,'" CRACK SEAl, 100,000 LBS : ~ 1.24 $1'4 nnooo $ 0 .95 $95,40000 $ 1.38 s 138,000.00 $ 1.10 $ 110,000.00 MOBILIZATION, llS: s 750.00 $ 750.00 s 643 .00 $ 643.00 $ 1,000.00 s 1,000.00 $ 1,500.00 s 1.500.00 ARROW BOARD, 5 DAYS; s 140.00 $ 700.00 $ 55.00 $ 275 .00 $ 100.00 $ 500.00 ~-70.00 $ 350.00 TRAFFIC CONTROl MANAGEMENT, 1 LS : $14,500.00 s 14.500.00 $ 3,645.00 ~ _3._645.00 $ 3!000.00 $ 3,000.00 $ 9,000.00 $ 9,000.00 BASE BID, TOTAL: s 139,950.00 $ 99,963.00 $ 142,500.00 $ 1 'JQ.':Rc;o .oo page 1 o/2 PROJECT: ITB-12-02 2012 CRACK SEAL PROJECT DUE DATE/TIME: WEDNESDAY, FEBRUARY 08, 201.2 BY 2 P.M. LOCAL TIME REQUESTED BY: RUSS HIGGINS, PUBLIC. WORKS-ENGINEERINGjp OPENED BY: JENNIFER NELLIS, PURCHASING AGENt 1 \ WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN VENDOR I PRECISE STRIPING STRAIGHT LINE SAW CUTTING SUPERIOR ASPHALT lOCATION COMMERCE CITY; CO DENVER, CO MAGNA, UT -.. :::-'· f-,··., '7~~~-:.;~~~~,·~··--... 11;:1 rr·.caC ·r ' ...... ~':L-~~,~~ '"5' .• ..., ' _.'!'~"'· ..,.._~,~-~~ r~ ~-- SIGNATURE PAGE YES YES YES ACCEPTS VISA NO NO NO ACKNOWLEDGE ADDENDUM 1 YES YES YES CONTRACTOR'S QUALIFICATION FORM YES YES YES ILLEGAL ALIEN COMPLIANCE YES YES YES LIST OF SUB-CONTRACTORS YES YES YES NON-COLLUSION AFFADAVIT YES YES YES BID BONO YES YES YES PRICING: UNIT PRICE EXTtNSION UNIT PRICE EXTtNSION UNIT PRICE EXTENSION UNIT PRICE EXTENSION CRACK SEAL, 100,000 LBS : $ 0 .92 $92,400.00 $ 1.03 $ 103,000.00 s 1.09 $ 109,000.00 $ - MOBILIZATION, 1 LS : $ 2,500.00 $ 2,500 .00 $ 1,250 .00 s 1,250.00 s 100.00 s 100.00 $ - ARROW BOARD, S DAYS : $ 50.00 $ 250.00 $ 95 .00 s 475.00 $ 45.00 $ 225 .00 s - ~AFFIC CONTROL MANAGEMENT, 1 LS : $ 6,250 .00 $ 6,250.00 s 9,335 .00 s 9,335 .00 $ 100.00 $ 100 .00 $ - BASE BID, TOTAL: $ 101 ,400.00 $ 114,060 .00 $ 109,425.00 $ - page 2 of 2