HomeMy WebLinkAboutCouncil Packet 05/14/20126:30 p.m. Pre-Meeting
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 WEST 29TH AVENUE, MUNICIPAL BUILDING
May 14,2012
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
ROLLCALL OF MEMBERS
APPROVAL OF MINUTES OF April 23. 2012
PROCLAMATIONS AND CEREMONIES
Police Officers' Memorial Day and Police Week
Emergency Medical Services Week
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
~ CONSENTAGENDA
A Motion to approve payment to Atlantis Pool Plastering, Inc., DBA Atlantis Aquatic
Group, in the amount of $66,777 for the refinishing of the Recreation Center Lap Pool.
B. Motion to Cancel the Study Session of May 21, 2012
C. Motion to approve award of ITB-12-11, Bus Shelter Installation Project to JL Melton
Construction, Inc., Denver, CO, in the contract amount of $31,075, and a Contingency
amount of $3,100 .
CITY COUNCIL AGENDA: May 14, 2012 Page -2-
D. Motion to approve payment to MSN Communications, Inc. in the amount of $102,674.81
for two Cisco Core Switch Replacements
E. Approval of payment in the amount of $40,684 to Wheat Ridge 2020 for Phase Two of
the Implementation of the 38th Ave. Corridor Plan
F. Motion to award purchase of new playground equipment in Paramount Park to Miracle
Recreation Equipment Company in the amount of $52,076 .80
G. Motion to award demolition of existing playground equipment, installation of new
playground equipment and related site work in Paramount Park to Churchich Recreation
Company LLC in the amount of $17,931.86
H. Resolution No. 25-2012-Amending the Fiscal Year 2012 General Fund Budget to
reflect the approval of a Supplemental Budget appropriation in the amount of $7,000
and the acceptance of a 2012 COOT Grant to support the Checkpoint Colorado
Program
I. Motion to approve payment of the Sales Tax Increment for April of Fiscal Year 2012
from the Town Center Project in the amount of $36,112.06 to the Wheat Ridge Urban
Renewal Authority
J. Resolution No. 27-2012-Approving an Intergovernmental Agreement for cooperative
purchasing purposes between the City of Wheat Ridge and HGACBUY
ORDINANCES ON FIRST READING
2 . Council Bill 06-2012-amending the Wheat Ridge Code of Laws, Chapter 2, Section 2-
53 (b) regarding membership of Boards and Commissions and Section 2-53 (f)
concerning the administering of Oaths to Board and Commission Members
~. Council Bill No. 04-2012-amending Section 11-53(b) of the Wheat Ridge Code of
Laws concerning application of the State Liquor Laws within the City
DECISIONS, RESOLUTIONS AND MOTIONS
4. Resolution No. 24-2012 -approving the establishment of a Business Development
Zone encompassing the entire City of Wheat Ridge
5. Motion to approve the written findings and decision in Case No. Sup-12-01 Wellspring
Bible Church and deny the application for a Special Use Permit at 3010 Newland Street
6 . Resolution No. 26-2012 -requesting the Denver Regional Transportation District to
maintain Bus Route 32 West of Wadsworth Boulevard
CITY COUNCIL AGENDA: May 14, 2012
CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS
ELECTED OFFICIALS' MATTERS
ADJOURNMENT
Page -3-
CITY OF WHEAT RIDGE, COLORADO
April 23, 2012
Mayor DiTullio called the Regular City Council Meeting to order at 7:00p.m.
ROLLCALL OF MEMBERS
Davis Reinhart
Bud Starker
Joyce Jay
Kristi Davis
Mike Stites
George Pond
Joseph DeMott
Tracy Langworthy --absent
Also present City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Manager,
Patrick Goff; Administrative Services Director, Heather Geyer; Community Development
Director, Ken Johnstone; Public Works Director, Tim Paranto; Parks and Recreation
Director, Joyce Manwaring; staff, interested parties and interested citizens.
APPROVAL OF MINUTES OF April 9, 2012
Motion by Mr. Stites for approval of the Minutes of April 9, 2012; seconded by Mr.
Starker; carried 7-0.
PROCLAMATIONS AND CEREMONIES
Arbor Day
City Clerk Shaver read a proclamation on behalf of Mayor DiTullio and City
Council declaring Wednesday, May 2, 2012 as City of Wheat Ridge Arbor Day
Celebration .
Mark Din nell, City of Wheat Ridge Forestry Assistant, accepted the proclamation
on behalf of the City of Wheat Ridge Forestry, Parks, and Open Spaces Division .
Victims' Rights Week
City Clerk Shaver read a proclamation on behalf of Mayor DiTullio and City
Council declaring April22, 2012 through April28, 2012 as the City of Wheat
Ridge Victims' Rights Week.
Commander Jim Lorentz, Lieutenant Dave Picket and Jill Nore accepted the
proclamation. Noted: 1300 crime victims were served in Wheat Ridge in 2011.
City Council Minutes April 23, 2012 Page 2
Mental Health Month
City Clerk Shaver read a proclamation on behalf of Mayor DiTullio and City
Council declaring May, 2012 as Mental Health month.
Paul Barnett, Vocational Services Manager of the Summit Center accepted the
proclamation and thanked the City for its support. Summit Center is located just
north of 38th on Pierce Street in the old Post Office building and is celebrating its
21st anniversary of operation this Saturday. Mayor DiTullio presented the
proclamation to Shane, one of the Summit Center members.
Public Health Champion Award Presentation -LiveWell Wheat Ridge
Molly Hanson, President of LiveWell Wheat Ridge, presented Mayor DiTullio an
award proclaiming the City Of Wheat Ride as a Public Health Champion for
2011. This award is in appreciation of the contribution to public health the City
made in 2011.
Jody Erwin from Jefferson County Public Health and Lynette Namba, a
community member, spoke in appreciation of the City's efforts with trails and
providing places to walk. Staff members Tim Paranto from Public Works and
Joyce Manwaring from the Parks Departments were also recognized for their
departments' contributions to public health .
CITIZENS' RIGHT TO SPEAK
Elizabeth Willis asked for people to vote for her for the WR Fire District Board. She
has lived in Wheat Ridge for over 50 years, has already been on the Fire Board for eight
years, and her husband, Jack Willis, was the Fire Chief for many years. The election is
May 8 and voting will be at Fire Station #1 at 3880 Upham Street from 7 AM until 7 PM.
Joseph Giordano, WR resident and board member of WR2020 and Enterprise Wheat
Ridge, moved here a year and a half ago from Denver. He thinks WR is an amazing
community . He wishes we could "bring our children home" by making it possible for
them to move back to Wheat Ridge . He thinks that lack of amenities and affordable
housing are preventing our children from returning to Wheat Ridge and that the 38th
Avenue restriping and amenities will make Wheat Ridge a world class city. He believes
that in five years this section of 38th Avenue will be a piece of Utopia . He needs from
Council this year to get our zoning right.
Britta Fisher gave an update from 2020. There will be a focus group this Wednesday
night for elected officials and a communitywide forum Tuesday night (tomorrow) from
6:30-8 PM at the Rec Center. All are invited . There is also an online survey people
are invited to take by going to WheatRidge2020.org and clicking on the 38th Avenue
Survey. Those who take the 5-7 minute survey can have their names entered into a
drawing for a $1 00 gift certificate to any 38th Avenue business. She encouraged
City Council Minutes April 23, 2012 Page 3
people to take the online survey and come to one of the forums to share their thoughts
about 38th Avenue.
APPROVAL OF AGENDA
~ CONSENTAGENDA
A. Resolution No. 22-2012-approving an amendment to a contract with the Urban
Drainage and Flood Control District (UDFCD) and The City of Arvada for the
design, right-of-way acquisition and construction of drainage and flood control
improvements for the Ridge Road Tributary, and authorizing payment of an
additional contribution in the amount of $700,000
B. Resolution No. 20-2012-amending the Fiscal Year 2012 General Fund Budget
to reflect the approval of a supplemental budget appropriation in the amount of
$720.00 to Jefferson Center for Mental Health Benefit
C. Motion to award ITB-12-10, 2012 Slurry Seal, to A-1 Chipseal Company in the
contract amount of $410,102 and to approve a contingency amount of $41,010
D. Motion to approve award of ITB-12-01, Overlay Resurfacing Project Base Bid
and Bid Alternates 1 thru 5 to Martin Marietta Materials, Westminster, CO, in the
contract amount of $1,263,358.1 0, and to approve a contingency amount of
$126,336
E. Motion to accept assignment of the Drainage Right-Of-Way from Urban Drainage
and Flood Control District (UDFCD) to allow RTD to construct drainage facilities
for the Gold Line Commuter Rail
F. Motion to approve payment to Cartegraph Inc. in the amount of $42,621 for the
annual renewal of licensing and support for the Cartegraph System
The Consent Agenda was introduced and read by Mr. Pond.
Mr. DeMott asked to pull Item D.
Motion by Mr. Pond for approval of Consent Agenda Items A, B, C, E, and F; seconded
by Mr. Stites; carried 7-0.
Regarding Item D, Mr. DeMott explained that he would like to add Alternative #6 to the
project. Although it would make the project over budget, the good price makes it wise to
go ahead and do it all-adding 44th Place, 46th Avenue, 46th Place, 47th Avenue, and
Webster Street to this year's pavement overlay.
City Council Minutes April 23, 2012 Page4
Motion by Mr. DeMott to approve the award of ITB-12-01, Overlay Resurfacing Project
Base Bid and Bid Alternates 1 thru 6 to Martin Marietta Materials, Westminster, CO, in
the contract amount of $1,322,936.10 with a contingency amount of $132,293.61, to be
approved by resolution due to the inclusion of Alternative #6 and the resultant budget
amendment that is required . Included in the motion is the directive to have the
accompanying resolution prepared and for the Clerk to assign a resolution number;
seconded by Mr. Starker; carried 7-0 . Mr. Goff clarified that if there is not enough
money in the capital budget to cover the amended portion of the bid he will take it out of
general reserves.
PUBLIC HEARINGS AND ORDINANCES ON SECOND READING
2. Resolution 21-2012-approving a Special Use Permit to allow an On-Line Public
Charter School for up to 50 students as an Ancillary Use to a church in a
Residential-One (R-1) Zone District located at 3010 Newland Street (Case No .
Sup-12-01)
Mayor DiTullio opened the public hearing.
Resolution 18-2012 was introduced by Mr. Reinhart. This case would have been
handled administratively but written objections received during the public notice period
triggered this special use to be considered by City Council at a public hearing.
Mr. Reinhart read the background information about the school. The proposed charter
school would be a satellite school for Hope Online Learning Academy , administered by
Douglas County. It would serve between 35-50 students in grades K-8 and have open
enrollment. Enrollment will be focused on students learning below grade level. The
teachers will be state certified with an estimated teacher/pupil ratio of 1:18 . The school
would use the ground floor classrooms and gymnasium of the church. Lunch will be
provided to the students and no extracurricular activities are planned at this time. Two
vans will be used to transport students in the morning and afternoon.
Staff Report--Meredith Reckert of the Community Development Department gave the
staff report and entered the case file and zoning ordinance into the record. She
provided for each councilmember a packet of letters that were received since the staff
report was prepared . She established jurisdiction and declared that all notice and
posting requirements have been met. The proposed charter school is in a residential
zone that is primarily single and two-family homes, and schools are considered a
special use in residential zones. She pointed out that in 2009 a previous congregation
had applied to have a day care center at this location and that was ultimately denied by
City Council. One of the reasons for denial at that time was the increased amount of
traffic. The applicant has tried to address traffic by using the vans . They have also been
working with the Fire District and the Building Department on interior upgrades . Four
neighbors attended the required public meeting on February 15 . Since then there have
City Council Minutes April 23, 2012 Page 5
been 4 letters of objection, 1 email of objection, 8 phone calls of objection, 1 phone call
in support and the additional 3 letters handed out tonight. Staff acknowledges there will
be some impact to the neighborhood, but feels the added traffic will be nominal, the
existing street network can support the use, and the school has a proposed use of
busses -all of which will help alleviate any traffic concerns.
Consideration for an SUP dictates that there be a justification of need , special design
considerations, and operational considerations for a special use to be approved.
Because the Comprehensive Plan supports quality schools, interior design issues are
being addressed, and operational considerations have been addressed by the use of
busses, staff is recommending approval of this Special Use Permit.
Public Comment
Angel Zamarripa, a resident of Aurora and member of the church located at 3010
Newland Street, spoke as an advocate for the proposed school. He emphasized that
good education is important for a productive society and that students who have been at
risk academically have done better with the Hope Online curriculum . Education is so
important and they have had to jump through a lot of hoops to prepare for this school-
more than liquor stores, bars, and marijuana dispensaries.
Jane Jones, a neighborhood resident who lives directly opposite the property, thinks
this land use is not compatible with this quiet neighborhood. As this is a large business
moving into a residential neighborhood, traffic will most definitely increase and have a
negative impact. The need for quality schools is not the issue, the increase in traffic for
this quiet neighborhood is. There is no way this project will enhance this neighborhood
in any way. This neighborhood already deals with a church -which is a Special Use;
adding another Special Use on top of that is not acceptable. The stringent requirements
are there because this is a special use in a residential area --not on an arterial street.
Michael Cory reminded Council that the previous City Council turned down a similar
venture, a daycare, in 2009. The reasons now are very similar. The idea that two vans
will fix the traffic issues is not plausible . There are no sidewalks and amenities to
accommodate a school. He said he lacks enthusiasm for a business enterprise that
seeks to take advantage of a tax-free, tax-exempt organization to avoid paying for
essential community services.
Mike Lutrey agrees with the people that spoke ahead of him. He moved there because
it is a quiet street with very little traffic. Already the church kids drift into adjacent
properties on Sundays.
Erika Harvey, who lives on the corner of 30th and Lamar, would be directly impacted by
this change. She agrees with the previous speakers . Besides increased traffic, her
concerns are more speeding more cars that will not stop at stop signs , property
damage, the reality of reduced property values, and a threat to the country feel of their
neighborhood . She believes it is a hazard since there is no entrance or exit, no parking
City Council Minutes April 23, 2012 Page6
designations, and no signage. Safety and loitering are also big concerns. Hopefully
these things will be taken into consideration before any action is taken.
Noah Kaufmann lives directly across the street from the church . He agrees with the
previous speakers . He appreciates what this congregation is trying to do, but thinks it's
just not a good fit for the neighborhood. It wasn't in 2009 and it still isn't.
Kay Vincent, who lives nearby on Newland, thinks the school is an admirable endeavor
and doesn't see it as a problem . There was a school at the church on 29th and
Newland; they used Stites Park (right next to her) and it was never an issue.
Kurt Snyder lives across the street from the church since 1997. He has seen a decline
in the property since Grace church moved out. He believes there will be additional
traffic from students who will not come on the vans -especially since they have open
enrollment. People have driven on his lawn and damaged his sprinkler system, while
kids have damaged his trees. His wife, Tammi , added that the traffic is already too
much on Sundays, sometimes on Saturdays, and sometimes during the week. They've
had some good improvements in their neighborhood in the last couple of years and
they'd like to keep it that way. Additionally, there isn't enough room on the street for
busses to maneuver.
Dave Fisher, directly adjacent to the church , doesn't see the compatibility with the
neighborhood . In a 1% block area they have two more churches (besides this one) and
a park; they have their fair share of traffic and any more would be piling on .
Pam Cobb has ownership interests in two properties on 30th Avenue. People who grew
up in Wheat Ridge are coming back because it's such a lovely place to live. Wheat
Ridge is an up-and-coming city; the Highlands has out-priced itself. People are looking
for the convenience that Wheat Ridge offers. Putting a school in a quiet neighborhood
will defeat the purpose of the economic efforts . Saying that there are no extracurricular
activities at this time is the camel's nose under the tent. They will grow the school and
the monitoring will not be sufficient.
Councilmembers asked questions of the applicant and the staff.
Kindergarten students will be half day, resulting in extra midday traffic.
The school will be under the administration of the Douglas County School District.
Initially there will be 5 staff members .
City Staff believes this particular use is less intense than the previous application.
Mr. Zamrippa addressed several of the charges made by neighbors and made
arguments to refute those claims .
Mayor DiTullio closed the public hearing .
Motion by Mr. Reinhart to adopt Resolution No. 21-2012, a resolution approving a
Special Use Permit application for approval of an on-line charter school on property
City Council Minutes April 23, 2012 Page 7
zoned Residential-One located at 3010 Newland Street (Case No. SUP-12-01), for the
following reasons:
1. There are no physical changes proposed for the property.
2. The proposed cap on the number of students will be 50.
3. The existing street network system can accommodate the on-line school.
4. The proposed Special Use Permit will not have a detrimental effect upon the general
public health, welfare, and safety of the surrounding area if operational characteristics
are adhered to.
With the following conditions:
1. The maximum number of students allowed is 50.
2. The gym shall be used as the primary area for recreation.
3 . The school shall provide a minimum of two dedicated vans for morning and afternoon
student transportation.
4. The SUP is a grant of use to the Wellspring Bible Church on behalf of Hope Online
and shall not be transferred or assigned.
5. That the school continues to meet the State of Colorado Department of Education
and Douglas County school standards.
6. That ongoing monitoring of the school occurs to ensure the conditions of approval
have been adhered to.
Seconded by Mr. Pond; failed 5-2, with Councilmembers Davis and Pond voting yes .
Motion by Mr. DeMott to postpone indefinitely Resolution No. 21-2012, a resolution
approving a Special Use Permit application for approval of an on-line charter school on
property zoned Residential-One located at 3010 Newland Street (Case No. SUP-12-01 ),
and have the city attorney draft a resolution with findings for denial; seconded by Mr.
Stites; passed 6-1, with Mr. Pond voting no .
Council Bill No . 03-2012-approving the rezoning of property located at 11210
W . 45th Ave. (Lot 2 , Pumpkin Patch Subdivision) from Agricultural-One (A-1) to
Public Facilities (PF) Zone District (Case No. WZ-12-01/WRMF)
Mayor DiTullio opened the public hearing.
Council Bill 03-2012 was introduced on second reading by Mr. DeMott. City Clerk
Shaver assigned ordinance number 1508.
Mr. Johnstone gave the staff report. The property in question is 1.49 acres directly
north of the current WR Maintenance Facility . It was purchased by the City in 2009.
The area has a mix of uses . The PF zoning district will ensure that buffering such as
fences and landscaping will be provided for adjacent neighbors. Access to the lot will
be through the existing WRMF via 45th Avenue. There will be an emergency gate that
exits onto 46th Avenue.
City Council Minutes April 23, 2012 Page 8
Public Comment --none
Mayor DiTullio closed the public hearing.
Motion by Mr. DeMott to approve Council Bill No. 03-2012 an ordinance approving the
rezoning of property located at 11210 W . 451h Avenue (Lot 2, Pumpkin Patch
Subdivision) from Agricultural-One (AI) to Public Facilities (PF) zone district, on second
reading and that it will take effect 15 days after final publication; seconded by Mr. Stites;
carried 7-0
4 . Council Bill No. 05-2012-imposing a Temporary Moratorium on the acceptance,
processing and granting of applications, permits and approvals for any form of
Residential Group Home, Assisted Living Facility, Residential Dwelling Unit for
Handicapped Persons or Elderly Persons, or Congregate Care Facility within the
City and Declaring an Emergency
Mayor DiTullio opened the public hearing.
Council Bill 05-2012 was introduced by Mr. Starker.
There is a need to amend the City's regulations in the Coded of Laws concerning
various forms of group homes to bring them into conformance with current law, and to
eliminate internal inconsistencies in the present code treatment of these rules.
Staff Report by Mr. Dahl --Our group home ordinance was last amended in 1996. The
Federal Fair Housing Act requires that group homes be allowed in residential areas.
Case law also provides that upper limits can be set for the number of people living in
those homes, lest they become institutions. The present code pattern provides
regulations and upper limit caps only for group homes for children and the elderly.
Homes for handicapped, developmentally disabled, addicts who are not currently using
drugs, and elderly people with dementia currently have no upper limit on the number of
persons in a group home in a residential area in a family setting This moratorium on
applications will give the staff 84 days to research case law and regulations, draft an
ordinance amending our regulations, and do all the steps necessary to bring our code
into compliance.
Public Comment
Nancy Snow addressed two issues-that she doesn't think this is an emergency, and
the general nature of group homes. If this was such an emergency, why wasn't it on
last week's Study session agenda? Per our Charter, emergencies are for "the
immediate protection of public property, health, peace or safety ." She doesn't think a
home for people with disabilities constitutes a big crisis. These facts are also to be
stated in the ordinance. The reason stated in this ordinance is to bring our code into
conformance with current law. There have actually been no changes in the law to
warrant this being considered an emergency. Our law is perfectly legal and has worked
City Council Minutes April 23, 2012 Page 9
fine since 1996. She feels the real reason is that someone is concerned that we might
have too many group homes. She is proud of Wheat Ridge for having a history of
accommodating people with disabilities and finds it offensive that opening a group home
is considered an emergency. She recommends this be discussed at a Study Session
Tom Abbott spoke in agreement with what Mrs. Snow stated. He does not think this is
an emergency.
Mrs. Shaver informed the Council that this will be ordinance number 1509
Mayor DiTullio closed the public hearing.
Motion by Mr. Starker to approve Council Bill No. 05-2012, an ordinance imposing a
temporary moratorium on the acceptance, processing and granting of applications,
permits and approvals for any form of residential group home, assisted living facility,
residential dwelling unit for handicapped persons or elderly persons, or congregate care
facility within the City, and declaring an emergency, and order it published; seconded by
Mr. Stites; carried 6-1, with Mr. Reinhart voting no.
DECISIONS, RESOLUTIONS, AND MOTIONS
5. Motion to approve award of ITB-12-06, 38th Avenue Lane Reconfiguration,
Amenities Project to Colorado Designscapes Inc., Centennial, CO, in the contract
amount of $59,739.50 and to approve a contingency amount of $5,973
This expenditure is for amenity zone construction , including the installation of pedestrian
platforms and planters, and the installation and maintenance of landscaping materials.
This includes the new and repurposed planters and includes a two-year maintenance
contract.
Motion by Mrs. Jay move to award ITB-12-06, 38th Avenue Lane Reconfiguration-
Amenities project to Colorado Designscapes Inc., Centennial, in the amount of
$59,739.50, with a contingency amount of $5,973.00 and that the Director of Public
Works be authorized to issue change orders up to a total contract and contingency
amount of $65,712.50; I further move to transfer $597.40 from the Capital Investment
Fund to the Public Art Fund; seconded by Mr. Starker; carried 5-2, with Mr. Stites and
Mr. DeMott voting no.
6. Motion to approve award of ITB-12-15, 38th Avenue Lane Reconfiguration
Striping Project, to Kolbe Striping Inc., Castle Rock CO, in the amount of
$109,015.35 and to approve a contingency amount of $10,902
Motion by Mr. Starker to award ITB-12-15, 38th Avenue Lane Configuration Striping
Project to Kolbe Striping Inc., Castle Rock, CO in the amount of$109,015.35, with a
City Council Minutes April 23, 2012 Page 10
contingency amount of$10,902, and that the Director of Public Works be authorized to
issue change orders up to a total contract and contingency amount of$119,917.35; I
further move that $1 ,090.15 be allocated to the Public Art Fund Account per Ordinance
15-02; seconded by Mr. Pond; carried 6-2, with Mr. Stites and Mr. DeMott voting no.
7. Motion to approve the proposed changes to Council Rules of Order and
Procedure
Motion by Mr. Stites to adopt the amended City Council Rules of Order and Procedure,
dating the revisions April 23, 2012; seconded by Mrs. Jay; carried 4-3, with
Councilmembers Pond, Jay and Reinhart voting no
8. Motion to approve a $20,000 Contribution to Wheat Ridge Business District to
administer an Accessibility and Usability Matching Grant Program
At its April business meeting the Wheat Ridge Business District approved this concept.
It will create a new category of matching grants for business that wish to make
permanent upgrades that improve accessibility and usability.
Motion by Ms. Davis to approve a $20,000 contribution to the Wheat Ridge Business
District to administer an Accessibility and Usability matching grant program; seconded
by Mr. Stites; carried 7-0.
CITY MANAGER'S MATTERS
Mr. Goff reported to Council about the recent tour of Circle Fresh Farms, located in the
greenhouses at 44th & Yarrow. This new operation in Wheat Ridge is an example of
state of the art, organic, urban agriculture. It will initially be supplying tomatoes to
Whole Foods outlets in the area and some restaurants.
CITY ATTORNEY'S MATTERS --none
ELECTED OFFICIALS' MATTERS
City Clerk Shaver reported that she too had been on the tour of Circle Fresh Farms and
suggested that City Council schedule a tour of this amazing operation . She told Council
that the Election Commission will be meeting soon and to look for a report in the near
future about last fall's runoff election and possibly some recommendations for changes
to avoid that in the future --if that's the course Council wishes to take. She also asked
Council to be thinking about ideas they have for a charter review process.
Ms . Davis reminded folks about the Town Hall meeting for Districts I and II next
Monday, April 30 at 6:30pm, at the Rec Center. People from all the council districts are
welcome to attend .
City Council Minutes April 23 , 2012 Page 11
Meeting adjourned at 9:50pm .
APPROVED BY CITY COUNCIL ON May 14 , 2012 BY A VOTE OF __ to __
Mike Stites, Mayor pro tern
The preceding Minutes were prepared according to §47 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.
~" #
.... I r City of . • JP'Wheat~dge
ITEM NO:~·
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO ATLANTIS POOL
PLASTERING, INC., DBA ATLANTIS AQUATIC GROUP, IN
THE AMOUNT OF $66,777 FOR THE REFINISIDNG OF
THE RECREATION CENTER LAP POOL
0 PUBLIC HEARING
IZI BIDS /MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
0 ORDINANCES FOR 1sT READING
0 ORDINANCES FOR 2 ND READING
DYES
The surface in the lap pool is rough , with hollow spots and cracks in the plaster. Hollow spots
occur when the plaster is not adhering to the shotcrete which then causes the plaster to
disintegrate. Cracks in the plaster can lead to water leakage and additional plaster disintegration .
A rough surface can cause small cuts and abrasions on swimmers feet if allowed to deteriorate
past a certain point.
PRIOR ACTION:
N/A
FINANCIAL IMPACT:
For 2012 , $130,000 was appropriated for this project in the Conservation Trust Fund , account
#54-601-800-870. The contract award of$66,777 is under the budgeted amount.
BACKGROUND:
The Wheat Ridge Recreation Center was opened in February of 2000. Since that time, it has
experienced a great deal of success and use by the community. The lap pool surface has reached
its life expectancy, and the plaster is showing signs of wear and tear, including cracks and hollow
spots in the plaster. The scope of work included in the contract award is to repair the hollow
spots and cracks in the plaster and then bond coat over the existing plaster surface. An aggregate
Council Action Form
May 14 ,2012
Page 2
~ . . . ' ~
surface will then be applied that has a life expectancy of 10 to 15 years. The bond coat process
for the resurface is a new product and is less labor intensive than the past resurfacing process.
This new technology and product is reflected below in the budget price. The aggregate surface
being applied is unlike plaster and is very durable and less likely to degrade. It stands up to the
harshest pool chemicals and water movement, whereas plaster etches and roughens in a short
period of time. The product is also more slip resistant than plaster. The new surface will have a
positive impact on customer service and pool safety.
On Aprill2, 2012, the City ofWheat Ridge opened the bidding process and received one
qualified bid for the specified pool surface. Three vendors attended the mandatory pre-bid
meeting. Both of the other vendors were unavailable due to the project schedule which requires
the work to be completed from August 20-31 during the annual maintenance closure at the
Recreation Center.
RECOMMENDATIONS:
Alternatives considered included leaving the existing surface and only replacing the plaster
surface which would lead to another plaster refinishing project in approximately five years.
RECOMMENDED MOTION:
"I move to approve payment to Atlantis Pool Plastering Inc., dba Atlantis Aquatic Group , in the
amount of $66 ,777 for the refinishing of the Recreation Center lap pool."
Or,
"I move to deny payment to Atlantis Pool Plastering Inc., dba Atlantis Aquatic Group , in the
amount of$66,777 for the refinishing of the Recreation Center lap pool for the following
reason(s) "
REPORT PREPARED/REVIEWED BY:
Julie Brisson , Recreation and Facilities Manager
Joyce Manwaring, Parks and Recreation Director
Jennifer Nellis , Purchasing Agent
ATTACHMENTS:
1. Bid Tab Sheet ITB-12-08
PROJECT: ITB-12-08
LAP POOL REFINISH
DUE DATE/TIME: FRIDAY, APRIL 27,2012 BY 2 P.M. LOCAL TIME
REQUESTED BY: BARB KLOBERDANZ, RECREATrON CENTER Jrn\
OPENED BY: DENISE WOOD, PURCHASING TECHNICIAN l.(f '' ~
WITNESSED BY: HEATHER GEYER, ADMINISTRATIVE SERVICES DIRECTOR~
VENDOR Atlantis Pool Plastering, Inc .
LOCATION Abilene ,TX
·--.:
SIGNATURE PAGE Yes
ACKNOWLEDGE ADDENDUM 1 Yes
CONTRACTOR 'S QUALIFICA liON FORM Yes
ILLEGAL ALIEN COMPLIANCE Yes
LIST OF SUB-CONTRACTORS I no subcontracted work
NON -COLLUSION AFFADAVIT Yes
BID BOND Yes
DETAIL OF WARRANTY Yes
I
BASE BID, TOTAL: $ 66,777 .00 '
page 1 o/1
Attachment 1
~ . ~
.... ~ ~ City of •
JP'WheatR.gge
ITEM NO: _l_S.
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO CANCEL THE STUDY SESSION OF MAY 21,
2012
D PUBLIC HEARING
cgj BIDS/MOTIONS
D RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 N D READING
v;;:ro-d}{ 0 YES
City Manager
cgj NO
ISSUE:
The City Council Retreat is scheduled for the weekend of May 18-19 ,2012. The City Manager
will be attending the ICSC Conference, and there are currently no items requiring the action of
the Wheat Ridge City Council at the Study Session scheduled for May 21 , 2012
FINANCIAL IMPACT:
None
RECOMMENDATIONS:
Staff recommends the cancellation of the May 21 , 2012 Study Session .
RECOMMENDED MOTION:
"I move to cancel the City Council Study Session scheduled for May 21 , 2012.
REPORT PREPARED/REVIEWED BY:
Patrick Goff, City Manager
,.~·~
-~ .,. City of •
JP'WheatRi_dge
ITEM NO: ___1f.
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE AWARD OF ITB-12-11, BUS
SHELTER INSTALLATION PROJECT TO JL MELTON
CONSTRUCTION, INC., DENVER, CO, IN THE CONTRACT
AMOUNT OF $31,075, AND A CONTINGENCY AMOUNT
OF $3,100
D PUBLIC HEARING
I:8J BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR I ST READING
0 ORDINANCES FOR 2 N D READING
QUASI-JlJ~IC~ D 'Y'J
~0--~
Public Works Director
ISSUE:
The City purchased 30 bus stop shelters last November utilizing a State FASTER (Funding
Advancements for Surface Transportation and Economic Recovery) transit fund grant. A
contractor has been selected for installation of the shelters , which are expected to be delivered in
early June.
The apparent lowest responsible and responsive bidder is JL Melton Construction, Inc., Denver,
Colorado , in the total amount of $31 ,075. The company's references and experience were
evaluated by Public Works Staff as a basis for recommendation.
PRIOR ACTION:
A resolution was approved by City Council in October, 20 I 0 to approve an Intergovernmental
Agreement (IGA) with the Colorado Department of Transportation (CDOT) authorizing the
funding for the project along with a budget appropriation of $360 ,000 to fund it.
The Metal Bus Shelter purchase contract was approved by Council on November 28 , 2011 in the
amount of $178 ,150.
Council Action Form
May 14,2012
Page2
f ..
.FINANCIAL IMPACT:
City Staff will administer the purchase and installation of the bus stop shelters, with
reimbursement of 80% of all costs, not to exceed $288,000. While the project cost is not
expected to exceed the project estimate, any unlikely shortfall will be provided by the City.
Project funds have been programmed under the line item titled Minor Street Improvements in the
amount of$360,000 in the 2012 Capital Investment Program Fund (CIP) Budget to finance the
purchase and installation. Likewise, the CIP revenues include the expected reimbursement.
BACKGROUND:
In October 20 I 0, the City was awarded a FASTER transit-related improvements project grant
through the Colorado Department of Transportation to fund the purchase and installation ofbus
stop shelters throughout the City. This project will provide the installation of30 bus shelters
throughout the City. The project will also replace some of the contractor-owned advertising
shelters that were removed. Other supporting fixtures proposed for the new shelters include
benches, public message space, trash receptacles and schedule holders. The project was
developed as two separate contracts: shelters purchase only and installation.
The Bus Shelter Installation project was originally advertised in February and two bids were
received. The project was re-advertised as a result of invalid bidding by both bidders. Re-Bids
for the Bus Shelter Installation Project, #ITB-12-11, were opened on April 4, 2012. Four bids
were received. All bids met the initial bid requirements except that Blue Line Building Services,
Inc. did not acknowledge Addendum 2. Blue Line Building Services also failed to include a
completed CDOT Form 714 and was disqualified as the bid was deemed non-responsive.
Calahan Construction Services met the initial bid requirements, yet did not include a cost for line
items 208A (the force account), or for 208B. The 'Additional Information for Bidders' page in
the bid documents specifically stated the minimum required amount for the force account. This
bid was deemed non-responsive, and therefore disqualified.
The apparent low bidder is JL Melton Construction, Inc., Denver, CO in the total base bid
amount of $31,075. Award is based on the lowest most responsive and responsible bid that
meets all of the bid requirements, is qualified to perform the work, and is within budget. Staff's
review revealed that JL Melton Construction, Inc. had bid one item substantially lower with
respect to other bidders and the engineer's estimate. JL Melton Construction was made aware of
Staff's findings and will honor the price as bid.
The valid bids ranged from $31 ,075 to $38 ,900. The engineer's estimate was $45,652. The
lowest most responsible and responsive bidder is JL Melton Construction with the bid amount of
$31,075.
The shelter locations were selected based on ridership, available rights-of-way, and those
locations that are construction ready. These new installations will provide additional transit
facilities to the users and , therefore, will enhance thi s mode of transportation in the C ity.
Council Action Form
May 14 , 201 2
Page 3
The grant budget, in the amount of $360 ,000, will finance the hardware purchase and
installation. CDOT will perform the contract oversight concerning state regulations and the City
will administer the project. The City will be reimbursed 80% of the cost of the project, not to
exceed $288 ,000.
A 10 % contingency amount of $3 ,107 is requested for the cost of other items related to the
project.
Staff assessed the criteria for contribution to the 1% Public Art Fund for this project per
Ordinance 15-02 and determined that allocation of funds is not required.
RECOMMENDATIONS:
Based upon the contractor's demonstrated capabilities and performance on previous projects , and
due to favorable bid prices , Staff recommends that the contract be awarded to JL Melton
Construction , Inc.
RECOMMENDED MOTION:
"I move to award ITB-12-11 , Bus Shelter Installation Project to JL Melton Construction, Inc.,
Denver, in the amount of $31 ,075 , with a contingency amount of $3 ,107 and that the Director of
Public Works be authorized to issue change orders up to a total contract and contingency amount
of $34 , 182."
Or ,
"I move to postpone indefinitely the award ofiTB-12-11 Bus Shelter Installation to JL Melton
Construction , Inc., Denver, for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Stev e Nguyen , Engineering Manager
Jennifer Nellis , Purchasing Agent
Tim Paranto , Director of Public Works
ATTACHMENTS:
1. Bid Tabulation Sheet
2 . Project Map
PROJECT: ITB-12-11
BUS SHELTER INSTALLATION-RE ID
. ~
:r7'7"' "1. ,-lity of D ;,.:in; _yr vvu.eat~~e
DUE DATE/TIME: WEDNESDAY, APRIL11, 2012 BY 2 P.M. LOCAL TIME
REQUESTED BY: RUSS HIGGINS, PUBLIC WORKS -ENGINEERING ).ll '\
OPENED BY: JENNIFER NELUS, PURCHASING AGENT 4 T'' I
WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN ~
Blue line Building Services, Calahan Construction J L Melton Construction,
VENDOR Inc. Services Inc. CQL 2000 Constructors, llC
LOCATION Denver, CO Denver, CO Denver, CO Franktown, CO
,.-~ .·· ~
-C:::--...,.. -
SIGNATURE PAGE YES YES YES YES
AOKNOWLEOGEMENT OF ADDENDA lof2 YES YES YES
CONTRACTOR'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
BASE BID TOTAL: $ 36,926.00 $ 38,900.00 $ 31,075.00 $ 37,650.00
page 1 o/1 Attachment 1
Bus Shelter Installation Map
Attachment 2
~~J--
... 4 "' . City of • JP'WheatR!_dge
ITEM NO:~.
DATE: May 14,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT TO MSN
COMMUNICATIONS, INC. IN THE AMOUNT OF
$102,674.81 FOR TWO CISCO CORE SWITCH
REPLACEMENTS
D PUBLIC HEARING
1:8] BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QUASI-JUDICIAL: D YES
City Manager
ISSUE:
The scheduled and budgeted replacement of obsolete computer switching equipment at City
Hall.
PRIOR ACTION:
Item has not been on the agenda in the previous 10 years.
FINANCIAL IMP ACT:
This is part of the upgrade, replacement and standardization of the City's computer network.
These funds are budgeted in the Administrative Services, IT Division 2012 Budget.
BACKGROUND:
The City is seeking to replace and purchase two Cisco Core 4507R+E switches that run the entire
City network. All computers , printers and systems connect to the core switch so that users can
access the data and applications. The City 's two older Cisco 4500 series switches have been in
service since 2003. They have gone though some hardware upgrades over the years as expanded
capacity and functions required . The current product is at the end of the manufactures life cycle
and support, and needs to be retired before failure. If these units fail , the entire City and all
remote sites will be without access to the following systems: Internet access , telephone, Email ,
financial , building permits , court, records management , computer aided dispatch , document
archives , etc. In swnmary, if the switches fail , all computers , communication , and critical
Council Action Fonn
May 14 ,2012
Page 2
systems will go down for the entire City. Of course, manual workarounds are in place for
emergency services and limited communications.
An RFP was issued by Purchasing, to any interested bidders. RFB-12-14 required Cisco
equipment hardware, software, warranty, extended services and support contract, licensing,
instal1ation , and removal and trade-in of the current equipment for a tum-key solution. On April
25, 2012, six bids were received. All bids met the initial bid requirements. Upon further review,
three bidders were confirmed as Cisco channel partners (authorized to resell Cisco Equipment in
the territory in which the end-user is located); two are not and are therefore considered by Cisco
to be 'secondary-market' resellers. The quoted values placed on both new and trade-in
equipment by the three Cisco channel partners demonstrate adherence to Cisco policies regarding
correct licensing and subsequent warranties and service plans required by the City in this RFP.
The recommended award is based on the lowest , most responsive and responsible bid. In the
review process the IT evaluators learned that the low bidder, LSI , Inc . with a bid of $99 ,107 is
not a Cisco certified partner, Cisco channel partner or distributor. This raises concerns about
proper licensing, authentic Cisco support contract application and overall satisfaction ofbeing
the lowest most responsive and responsible bidder.
A review of the second lowest bidder has resulted in a determination that MSN Communications
Inc., with a bid of $102 ,674.81 most closely satisfies the requirements for responsiveness and
responsibility. There is a net difference of$3 ,567.81.
RECOMMENDATIONS:
Staff recommends awarding the purchase of two Cisco core switch replacements to MSN
Communications Inc. in the total amount of $102 ,674.81. This will improve the availability,
speed , features and reliability of the City's network . This is part of the upgrade, replacement and
standardization of the City's computer network. These funds are budgeted in the 2012 budget.
RECOMMENDED MOTION:
"I move to approve payment to MSN Communications , Inc. in the amount of$102,674 .81 for
two Cisco core switch replacements."
Or,
"I move to deny payment to MSN Communications , Inc. in the amount of$102 ,674.81 for two
Cisco core switch replacements for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Michael Steinke, IT Manager
Jennifer Nellis , Purchasing Agent
ATTACHMENTS:
1. Bid Tabulation Sheet
. ' " #\,V~ty~t~
PROJECT: RF8·U-14 CISCO CORE SWIT,CHES
DUE DATE/TIME: WEDNESDAY; APRIL 25, 2012 V 2:3 P.M. LOCAL TIME
I
Managed Business
VENDOR lamination Service , Inc . Solutions. LLC
LOCATION Bartlett, TN Colorado Springs, CO
-
REQUESTED BV: MIKE STEINKE. IT
OPENED BV: JENNIFER .NELLIS, PURCHASING AGENT
WITNESSED BV: DENISE WOOD, PURCHASING TECHNIC
·'
MSN Communications, Global Technology
Inc . Shields Environment~! Resources, Inc.
Englewood, CO Sanford, Fl Denver, CO
~--
~"'-:-.;,;.1"l·•~~ -;-~ ~-:·-.-·~:--'"··c -.-------~•:t -~ ~~ t!~ ~~~~ ~~-~--~--~~~-~:_~~~~~-... _~~· r-~'~ I ~~~
BIDDER INFORMATION FORM Yes Yes Yes Yes Yes
ACKNOWLEDGEMENT OF ADDENDA Yes Yes Yes Yes Yes
DETAIL OF WARRANTY Yes Yes Yes Yes Yes
REFERENCES Yes TBD Yes Yes Yes
PRICING:
SUBTOTAL, PARTS: $ 96,107.00 s 116,722.48 $ 116,412.84 $ 114,023.00 s 115,432.82
SUBTOTAL, SERVICES: $ 4,000.00 $ 9,869.58 $ 4,900.00 $ 4,055.00 $ 12,450.00
TRADE -IN CREDIT: $ (1,000.00) $ (100.00) $ (18,638.03} $ (890.00) s (16,971.00)
TOTAL, DELIVERED AND INSTALLED: $ 99,107.00 $ 126,492.06 $ 102,674.81 $ 117,188.00 $ 110,911.82
~ ~
Page 1 o/2
Attachment 1
PROJECT: RFB-12·14 CISCO CORE SWITCHES
DUE DATE/TIME: WEDNESDAY, APRil25, 2012 BY 2:30P.M. LOCAL TIME
Page2 of2
REQUESTED BY: MIKE STEINKE, IT
OPENED BY: JENNIFER NELLIS, PURCHASING AGENT
WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN
.. ~ . ~
... • "' City of •
JP'WheatR.i_dge
ITEM NO: __L_(
DATE: May 14,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: APPROVAL OF PAYMENT IN THE AMOUNT OF $40,684 TO
WHEAT RIDGE 2020 FOR PHASE TWO OF THE
IMPLEMENTATION OF THE 38TH A VENUE CORRIDOR PLAN
0 PUBLIC HEARING
[g) BIDS/MOTIONS
0 RESOLUTIONS
City Manager
ISSUE:
0 ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 ° READING
0 YES [g) NO
Approval of payment in the amount of $40,684 to Wheat Ridge 2020 (WR2020) for Phase Two
ofthe implementation of the 38 1h Avenue Corridor Plan.
PRIOR ACTION:
On October 10,2011 , City Council adopted the 38111 Avenue Corridor Plan. On January 23 ,2012
Staff provided an update to City Council on the implementation steps and WR2020 presented a
proposal for services to assist with the implementation of the Plan. On February 13 , 2012 City
Council entered into an agreement with WR2020 to provide assistance in the implementation of
the 3 gth A venue Corridor Plan in the total amount of $92 ,800 and approved the first payment to
WR2020 in the amount of $31 ,934.
BACKGROUND:
Implementation of the 3 81h A venue Corridor Plan requires the coordinated efforts of many
parties, including the City of Wheat Ridge, WR2020 and property and business owners on 38111
A venue. The implementation plan actions hinge on the creation of a Leadership Committee,
composed of stakeholders on the corridor, to oversee implementation of many of the plan's
recommendations. The City entered into an agreement with WR2020 to provide the following
scope of services :
I. Continue to recruit Leadership Committee and support the formation of this group
1. Initiate and implement 381h A venue branding and marketing campaigns
Council Action Form -WR2020 38th Ave. Implementation Payment
May 14 ,2012
Page 2
' . . .
2. Plan and coordinate 38t h A venue events
3 . Support Leadership Committee and its transition toward a lasting organizational
structure
4. Work with City agencies , community organizations, and owners on land assemblage
strategy
5. Write grants and seek non-city funding for 38 1h A venue implementation
Phase Two deliverables per the agreement include an executed marketing and branding contract ,
report on competitive bid and Leadership Committee selection process for the marketing and
branding consultant, and immediate phase progress and Leadership Committee decisions . Britta
Fisher with WR2020 provided an update to City Council on these issues at the April 16 , 2012
study session. In addition , attached is the executed contract with Centro , Inc. for the 38 1h A venue
Marketing and Branding Project.
FINANCIAL IMPACT:
City Council approved funding in the amount of$92,800 on February 13 ,2012. The funding was
diverted from the Gatewa~ Signage Program which was suspended to provide funding for the
implementation of the 38t Avenue Corridor Plan. The first payment in the amount of $31 ,934
was made to WR2020 upon the execution of the contract on February 13 , 2012. This is the
second payment request in the amount of$40,684 which will leave a balance due to WR2020 in
the amount of $20,182.
RECOMMENDATIONS:
Staff recommends approval of payment to WR2020 for Phase Two of the implementation of the
38th Avenue Corridor Plan in the amount of$40,684.
RECOMMENDED MOTION:
"I move to approve payment in the amount of $40,684 to Wheat Ridge 2020 for Phase Two of the
implementation of the 38th Avenue Corridor Plan."
Or,
"I move to deny approval of payment in the amount of $40 ,684 to Wheat Ridge 2020 for Phase
Two of the implementation of the 38th Avenue Corridor Plan for the following reason(s)
"
REPORT PREPARED BY:
Patrick Goff, City Manager
ATTACHMENTS:
I. Professional Services Agreement between WR2020 and Centro , Inc.
2. WR2020 Invoice
PROFESSIONAL SERVICES AGREEMENT
FOR W. 381h Avenue Marketing and Branding Project
This Agreement, executed on the date witnessed herein below, by and
between WHEAT RIDGE 2020, INC ., a Colorado Nonprofit Corporation, having
its principal office at 3798 Marshall Street, Ste, 7, Wheat Ridge, Colorado 80033,
referred to in this Agreement as the "Project Manager", and Centro, Inc . with
offices located at: 3700 Quebec Street, #I 00-20 I, Denver, Colorado
80207 referred to in this Agreement as the "Consultant"
WITNESSETH:
WHEREAS, the Project Manager intends to oversee the Marketing
and Branding Project identified herein ("Project");
WHEREAS, the Project Manager requires certain professional services (the
"Services"), described on Exhibit A to this Agreement, in connection with the Project
and desires to employ the Consultant on the terms and conditions set forth in this
Agreement, to perfonn such Services; and
WHEREAS, the Consultant desires so to be employed by the Project
Manager and has represented to the Project Manager that the Consultant has the
knowledge, skill, experience and other resources necessary to perfonn the Services
in the manner herein provided; and
WHEREAS, the Consultant has consulted with the Project Manager, and has
furthennore taken such other actions as the Consultant has deemed necessary or
advisable to familiarize itself with the scope and requirements ofthe Project and the
Services~
NOW, THEREFORE, for valuable consideration, the Project Manager and
the Consultant agree as follows:
1. Incorporation of Recitals:
The matters recited above are hereby incorporated in and made a part of this
Agreement.
2. Definitions :
a) Agreement means this Professional Services Agreement, including all
addendums, exhibits or documents attached hereto and/or incorporated by reference
herein, and all amendments, modifications, or revisions made in accordance with the
Attachment 1
-
tem1s hereof;
b) Project Manager as herein referred to, shall include the Wheat Ridge
2020 Executive Director, or designee, acting on behalf thereof; as designated by
Wheat Ridge 2020 in writing for the purpose of giving authorizations, instructions,
and/or approvals pursuant to this Agreement.
c) Project Budget means the total funds budgeted by Project Manager for
Consultant services and furnishing all items necessitated by the Project .
d) Contract Documents consists of all of the component parts of the
Contract between the Project Manager and the Consultant for the execution of the
Project.
e) Consultant means the entity identified in the preamble of this
agreement.
f) Project means the completion of a marketing and branding project as
identified in Exhibit A.
g) Services mean collectively, the services duties and respon s ibilities that
are necessary to allow the Consultant to provide the Services required by the Project
Manager under this Agreement. The required Services are described in generally in
th is Agreement and specifically in the attached Exhibit A .
i) Sub-consultant means a firm hired by the Consultant to perform
professional services related to the Project.
j) Technical Personnel as herein referred to includes those third parties
with whom Project Manager has entered into a separate agreement for providing other
professional services, at the exclusive discretion of Project Manager, and not to be
retained by Consultant.
3 . · Incorporation of Documents:
The documents identified below in this paragraph are hereby incorporated in
and made a part of this Agreement. By executing this Agreement, the Consultant
acknowledges and agrees that the Consultant is familiar with the contents of each
of such documents and will comply fully with all applicable portions thereof in
performing the Services.
a) Project Documents. The various W . 381h corridor planning documents,
market studies and so forth referenced in the Request for Qualifications/Request for
2
Proposals circulated for the Project and described in this Agreement (the "Project
Documents").
b) Addendum to this Professional Services Agreement, identified and
attached as Exhibit A Consultant Scope of Work and Project Budget and Exhibit
B Insurance Coverages.
4. Engagement and Standards for Performing Services:
a) Engagement. The Project Manager hereby engages the Consultant, and
the Consultant hereby accepts such engagement, to provide the Services described in
this Agreement, as the same may be amended from time to time by mutual written
agreement between the Project Manager and the Consultant.
b) Records . The Consultant shall maintain accurate and complete records
of expenditures, costs and time incurred by the Consultant and by subconsultants
engaged by the Consultant in connection with the Project and the Services.
c) Time of Essence . Consultant acknowledges and agrees that time is of
the essence in the performance of this Agreement and that timely completion of the
Services is vital to the completion of the Project by the Project Manager. Consultant
agrees to use its best efforts to expedite performance of the Services and performance
of all other obligations of Consultant under this Agreement and any other agreements
entered into by the Project Manager which are managed or administered by Consultant
as a result of Consultant's engagement hereunder.
d) Compliance with Laws. [n performing its engagement under this
Agreement, the Consultant shall comply with all applicable federal, state and local
laws .
e) Progress Meetings. Meetings to discuss the progress of the Project
and/or to review the performance of the Consultant may be scheduled by the requests
of both parties, at muh1ally agreeable times and locations, and the Consultant agrees to
cause such meetings to be attended by appropriate personnel of Consultant engaged in
performing and are knowledgeable of the Services.
f) Project Manager Updates. Tbe Consultant shall notify the Project
Manager immediately regarding any significant problems in connection with
the Project including, but not limited to, quality control, cost ovemms or
scheduling delays.
g) Performance Standard. The Consultant represents and agrees that the
Services performed under this Agreement will proceed with efficiency, promptness
3
--
and diligence and will be executed in a competent and thorough manner, in
accordance with reasonable professional standards of skill and diligence in the field.
h) Changes (Amendments). No Changes to the Scope of Services of the
Consultant to be performed hereunder will be authorized unless both parties agree in
writing. Such changes, including any increase or decrease in the amount of
compensation and revisions to the duration of the Services, which are mutually agreed
upon by and between the Project Manager and the Consultant, shall be incorporated in
a written amendment to this Agreement. The Projec~ Manager shall not be liable for
any changes absent such written amendment.
i) Consultant shall be responsible for ensuring that payment is being
properly made to Consultant's subcontractors and material suppliers, if any.
Consultant understands that a failure to ensure proper payment to third parties may
result in lien filings against the Project which would significantly hamper the ability of
the Project Manager to complete the Project. Consultant will, therefore, exercise
utmost diligence in supervising payments made to third pa1ties. Consultant shall be
obligated to advise Project Manager when it appears that there may be a risk of third
pa1ties not being paid.
5 . Term:
Duration . The term of this Agreement is outlined in Exhibit A. Consultant
shall not proceed with the project until a written "Authorization to Proceed" is
furnished to Consultant by Project Manager.
6. Compensation of Consultant and Reimbursement for Expenses :
The Project Manager shall compensate the Consultant in the amount and the
manner set forth in Schedule A to this Agreement. Payment shall be made within 30
days of completion of the Schedule A discrete tasks and receipt of invoice by Project
Manager from Consultant.
7. Rights and Obligations of Project Manager:
In connection with the administration of the Project by the Project Manager
and the performance of this Agreement by Consultant, the following shall apply:
a) Information. The Project Manager shall provide Consultant all
reasonably requested information concerning the Project Manager's requirements for
the Project and the Services.
Review of Documents. Subject to the provisions of subparagraph 3 (e)
4
above, the Project Manager agrees to make a reasonable effort to examine documents
submitted by the Consultant and render decisions pertaining thereto with reasonable
promptness.
8. Indemnification:
Consultant hereby agrees to save, indemnify, and keep harmless Project
Manager and its agents and employees against: all liability, claims, judgments, suits,
or demands for damages to persons or property arising out of resulting from, or
relating to Consultant's perforn1ance of the work under this Agreement ("Claims').
However, in the event the Project Manager is found to be partially negligent, then
Consultant will indemnify only to the extent that Consultant is found to be negligent,
as a percentage of total negligence.
Project Manager hereby agrees to save, indemnify, and keep harmless
Consultant and its agents and employees against: all liability, claims, judgments, suits,
or demands for damages to persons or property arising out of resulting from, or
relating to, Consultant's performance of the work under this Agreement ("Claims').
However, in the event Consultant is found to partially negligent, then Project Manager
will indemnify only to the extent that Project is found to be negligent, as a percentage
oftotal negligence.
9. Insurance:
Consultant agrees to provide such insurance as is referenced in Exhibit B .
10. Default:
a) Events of Default. Anyone or more of the following
occurrences shall constitute an Event of Default under this Agreement: Failure or
refusal on the part of the Project Manager or Consultant duly to observe or perform
any obligation or agreement on the part of the either the Project Manager or
Consultant contained in this Agreement, which failure or refusal continues for a period
of ten (I 0) days after Notice has been given, or such longer period as the Project
Manager in its sole discretion, may allow.
b) Remedies . In the Event of Default, either party shall have the
right to notify the other of the termination of this Professional Services Agreement
and, furthermore to seek any and all other remedies as may be allowable under
Colorado law.
5
11. Confidentiality:
All of the reports, information, or data prepared or assembled by the
Consultant under this Agreement are confidential, and both parties agrees that such
reports, information or data shall not be made available to any party without prior
written approval.
12. Assignment:
Both Parties acknowledge that the Project Manager is induced to enter into
this Agreement by the personal qualifications of the principals, staff and
employees of Consultant and agrees, therefore, that neither this Agreement nor
any right or obligation hereunder may be assigned by either Party, in whole or in
part, without the prior written approval both Parties.
13. Relationship of Parties:
The relationship of Consultant to the Project Manager is that of an
independent contractor. Consultant and Project Manager shall have no right or
authority to make contracts or commitments for or on behalf of the other, to
sign or endorse on behalf of the other any instruments of any nature or to enter
into any obligation binding upon the other. This Agreement, furthermore , shall
not be construed as an agreement of partnership, joint venture, or agency.
14. General:
a) Counterparts. This Agreement may be executed in any number of
counterparts, any of which shall be deemed an original.
b) Entire Agreement. This Agreement constitutes the entire understanding
and agreement between the parties hereto and supersedes any and all prior or
contemporaneous oral or written representations or communications with respect to
the subject matter hereof, all of which communications are merged herein . This
Agreement shall not be modified, amended or in any way altered except by an
instrument in writing signed by both of the parties hereto.
c) Governing Law. This Agreement has been negotiated and executed in
the State of Colorado and shall be construed under and in accordance with the internal
Jaws of the State of Colorado .
d) No Waiver . The waiver by either patty of any breach of this Agreement
shall not constiture a waiver as to any succeeding breach .
6
------·· ----
e) Notices. All notices required to be given hereunder shall be given in
writing and shall be-hand delivered or-sent by United-States certified or registered-
mail,-postage prepaid, addresse~ to Project Manager and Consultant at their respective
addresses set forth above. (f given as herein provided, such notice shall be deemed to
have been given on the date of delivery, if delivered by hand, and on the second
business day after mailing, if given by mail. The Project Manager or the Consultant
may, from time to time, change the address to which notices hereunder shall be sent
by giving notice to the other party in the manner provided in this subparagraph.
f) The execution of this Agreement by the Consultant shall be authorized
by a resolution of its Board of Directors, if a corporation, or similar governing
document if a partnership, LLC, or a joint venture, and the signatures(s) of each
person signing on behalf of the Consultant are made with complete and full authority
to commit the Consultant to all terms and conditions of this Agreement, including
each and every representation, certification and warranty contained or incorporated by
reference in it.
g) Severability. In the event that any provisions of this Agreement shall be
invalid, illegal or unenforceable, the validity, legality and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby and shall
not affect the final outcome of the project.
h) Successors and Assigns. Except as otherwise provided herein, this
Agreement shall be binding upon and inure to the benefit of each of the parties hereto
and their respective successors and assigns.
i) Authorized Representatives of Pa1ties. The authorized
representative of the Project Manager from WHEAT RlDGE 2020, lNC., shall be
BRITT A FISHER or her designee. No modification of any provisions of this
Agreement shall be effective unless executed by BRITT A FISHER, Executive
Director or her designee. Furthermore, BRITT A FISHER or her designee shall be the
primary contact for any decision which must be made by Project Manager during the
course of Consultant fulfilling its obligations under this Agreement.
The authorized representative of Centro, Inc, shall be Jamie Licko. No
modification of any provisions of this Agreement shall be effective unless executed by
Jamie Licko, sole authorized representative of Consultant. Furthermore, Jamie Licko
shall be the primary contact for any decision which must be made by Consultant
during the course of Consultant fulfilling its obligations under this Agreement.
j) The attached Addendum to Professional Services Agreement, identified
as "Exhibit A" is incorporated by reference as though fully set f01th herein . lN
7
-
WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto
as of: March 80 , 2012.
OWNER:
WHEAT RIDGE 2020, INC.,
~#~~--
By: BRJTTA FISHER
lts: Executive Director
3798 Marshall Street, Ste. 7
Wheat Ridge, Colorado 80033
Consultant
8
EXHIBIT A
Centro Inc.
Wheat Ridge-38th Ave Marketing+ Branding Project
Proposed Fee Matrix
PHASE ONE: MARXETJNG A.ND BRA'ND ·PROF.Il.Ei ..
1.1 Rev iew of Existing Data
1.2 Focus Groups and Forums
1.3 Market Survey
1.4 Brand and Marketing Profile
PHASE TWO: BRAND ·~PENTITY DEVEI:.O.P.f~f~t.::· ..
2.1 Brand Discovery Workshop
2.2 Brand and Visual Package Development
Deadlines
Friday, April13
Friday, April 27
Friday, April 27
Wednesday, May 2
Friday, May 4
Brand
(Wednesday, May
23) and Stylegu ide
(Wednesday, June
6)
PHASE THREE: MARKETING AND IMPLEPJ!ENT~1i1.0N STRATEGIES
3 .1 Marketing Strategies Friday, June 29
3 .2 Implementation Plan Friday, June 29
TOTAL
Oeliverables
.I·
•: p· <~ •· . 1
N/A
Summary of
findings and
feedback from the
forums
Raw survey results
Brand and
Marketing Profile
Report
-
Creative Brief
Brand files and
Brand Styleguide
Marketing Plan
Report
Implementation
Strategies and
Timeline
(developed as part
of Marketing
Report)
Centro Inc. Fees Julipp Fees TOTAL FEES
Jamie Llcko Vanessa Rogers Heather Thill
Hrs Rate Hrs Rate Hrs Rate
;..
4 125 4 100 4 100 1,300
12 125 18 100 12 100 4,500
2 125 8 100 1,050
4 125 8 100 8 100 2,100
' ..
:
12 125 8 100 23 100 4,600
6 125 6 100 70 100 8,350
12 125 30 100 10 100 5,500
6 125 12 100 8 100 2,750
58 125 94 100 135 100 30,150
Partners in a Vibrant Wheat Ridge
Patrick Goff
Ci~rof~heatRidge
7500 West 29'h Avenue
Wheat Ridge, CO 80033
Qty Description
Early Implementation Tasks completed per West 38th
1 Avenue Implementation Services Agreement
Deliverables provided at April 23 meeting
Total
Invoice
Date: April 30, 2012
Unit Price Line Total
$40,684 $40,684
$40,684.00
Please make checks payable to Wheat Ridge 2020 or WR2020
Payments can be mailed to:
Wheat Ridge 2020 P.O. Box 1268, Wheat Ridge, CO 8003-t
Phone 720-259 -1030 Fax 303-940 -9332
www .\'\1heatRidge2020.org
Attachment 2
~ . ,
_._ ~ .,. Cityof •
J?'WheatRl__dge
ITEM NO: __1.E.
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD PURCHASE OF NEW PLAYGROUND
EQUIPMENT IN PARAMOUNT PARK TO MIRACLE
RECREATION EQUIPMENT COMPANY IN THE AMOUNT
OF $52,076.80
D PUBLIC HEARING
~ BIDS/MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 ND READING
D YES
City Manager
The playground equipment located in Paramount Park , 10010 W. 291h Ave., is in need of
replacement. The playground , installed in 1989 , will be updated to reflect current trends in play
structures and the 2010 ADA Standards for Accessible Design. New engineered wood fiber
safety surfacing will also be installed.
Playground equipment is available through HGACBuy, a governmental entity cooperative
procuring service. The local representative for Miracle Recreation Products is Churchich
Recreation, LLC in Niwot, CO.
PRIOR ACTION:
Funds for the project were approved in the 2012 adopted budget in the Conservation Trust Fund
in the amount of$100,000 .
FINANCIAL IMPACT:
The budgeted amount for the playgrom1d project is $100 ,000. Included in this amount is the
purchase ofthe playground equipment in this contract for $52 ,076.80. Use of the HCAGBuy
agreement, PR 11-10 Park s & Recreational Equipment bid , provides discounts off 2010
equipment pricing. The demolition of the existing equipment , installation ofthe new equipment
Council Action Form
May 14,2012
Page 2
• "1 .
• *1 •.
and other site work will be performed under separate contract. The total project cost is
$70,008.66
BACKGROUND:
The existing playground equipment has been inspected on a regular basis by the City's nationally
certified playground inspector, following the guidelines of the Consumer Product Safety
Commission (CPSC). Staff recommends replacement due to the high level of use, age of the
equipment, and current frequency of the maintenance requirements. The scope of the project
includes expansion of the area to include a separated swing bay.
RECOMMENDATIONS:
Staff recommends replacement of this playground equipment in Paramount Park.
RECOMMENDED MOTION:
"I move to award the purchase of new playground equipment in Paramount Park to Miracle
Recreation Equipment Co. in the total amount of$52,076.80."
Or,
"I move to deny payment for the purchase of new playground equipment in Paramount Park to
Miracle Recreation Equipment Co. in the amount of$52,076.80 for the following reason(s)
"
REPORT PREPARED/REVIEWED BY:
Mark Ruote, Park Project Coordinator
Rick Murray, Park, Forestry and Open Space Manager
Joyce Manwaring, Director of Parks and Recreation
Jennifer Nellis, Purchasing Agent
ATTACHMENTS:
1. HGACBuy Contract Pricing Worksheet.
2. Paramount Park Playground Site Plan
3. Paramount Park 3D rendering
fiGACIJuy CONTRACT PRICING WORKSHEET Contract Date 4/26/2012
For Catalog & Price Sheet T y pe Purchases No.: Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both doc11111ents
MU~T be faxed to H-GAC@ 713-993-4548. Therefore please type or print legibly.
Buy ing jCity of Wheat Ridge Contractor: 1M iracle Recreation Equipment Co. Agency:
Contac t 1Mark Route, 720-244-3306 Pre11ared 1Chris Churchich Person: By:
Phon<: 1Jennifer Niells Purcha ing 303-235-2811 Phon<: 1303-530-4414 x l 2
Fax: Fax: 1303-530-9239
Email: jmroute@ ci.wheatridge.co.us Email: j ch ris@ch u rchich recreation . net
Catalog I Price Sheet IIMiracle Recreation Equipment Co. Na me:
General !!Playground Strutures and individual play even ts of Product :
~-Catalog I Price Sheet Items being purchased -ltemize Below -Attach Additional Sheet If ~ecessary
Quan Description Unit Pr Total
I ~7145019-TRIANGLE DECK 489~ 489
2 p t 45029-SQUARE DECK 700~ 1400
2 j7t45039-1/2 HEX D ECK 930~ 1860
7 j7 t45494-5"0.D. x 124" POST 203j 1421
4 j7 t4552-5"0.D. x 136" POST 2t7j 868
6 j7t4576-5" O.D. x 204" POST FOR ROOF 299j 1794
I ~7 14 6056-TREE·O CLIMBER I II ·--.... 115 6j 11 56
I ~7146298-LILLY PAD STFPPER ~ I •I
1
1 I u r \ 1979~ 1979
~
I ~71463 3 -HOW TALL. RU PAN EL I
\. I / I 1,/ 239~ 239
I ~7 1 46392-GLIDE. D EC K MO TFD 1-6: A D 2' DECK 1900~ 1900
I ~7 1 4709C-270 DEG TRY RING OVERHEAD CLIMBER
...__ / 1651 ~ 1651
I ~7147 1 5 1 38-CALYPSO 3 DRUM PANEL (BELOW DECK) 1'\l l.J' ;)UI.f" I 129~ 1129
Total From Other Sheets, If Any: 23280
S ubtotal A: 39 166
B. Unpublished Options, Accessory or Sen·ice items -Itemize Below-Attach Additional heet JfNecessary
(Note: Unpubljshed Hems are any \\hich were not submitted and priced in contractor's bid.)
Quan Description Unit Pr Total
I ~Engineer Wood Fiber Safely Surface 5268 5268
0
! c
Total From Other S heets, If Any:
S ubtotal 8 : 5268
C heck: Total cost of Unpublished Options (B) cannot exceed 25% of the total of For this transaction the percentage is : 13% the Base Unit Price plus Published Op_tions(A+B).
C. Other Allowances, Discounts, Trade-Ins, Freight, Make Ready or Miscellaneous C harges
!Miracle H GACB Y Di scount -7.823.20
~dditional Discount
Freight (2,966) & Inst a llation (12,500) 15.466.00
S ubtotal C: I 7642.81
I Delivery Date:! ASAP I D. Total Purchase Price (A+~ C): 52076.8
Attachment 1
HGACiuy CONTRACT PRICING WORKSHEET Contract Date 4/26/2012 For Catalog & Price Sheet T ype Purchases No.: Prepared:
This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents
MUST befaxedtoH-GAC@ 713-993-4548. Therefore please type or print legibly.
Buy in g ~C i t y o f Wheat Ridge Contractor: l Miracle Re c reation Equipment Co . Agtncy:
Contact ~Mark Rout e. 720 -244-3306 Prtpartd ~C hri s C hurchi ch Person : By :
Phon.: ~J enn ife r iell s Purc hasing 303-23 5-2811 Phon<: l303 -5 30-4414 X 12
fax: fa1: l303 -530-9239
£.mail : ~mroute@ci .\ heatridge.co .us Email: ~ chris@churchichrecreation . net
C atalog /I' ric. Sh ttt n reation Equipment Co . Namt :
Gtntral l>t sc ription 'layground tru turts a nd ind ividua l pl ay rvents of Produc t:
A. atalog I Price beet Item being purchased -Jtemize Belo~ -Attac h Additional heel If Necessary
Qua n Descriptio n Unit Pr Total
I ~71 4 7 57 1 6-VERT ICAL CLIMBING WALL 1655 1655
I ~71 4 7 5969 -9'4 " T YP HOON SLIDE 630 D EG 6' & 6'6" DECK 5376 5376
2 ~7 14 772 1-B ONGO PERC H STATIONA RY 144 288
I pl 4 8062-H ULA CLI MB ER BETWEEN DECKS 109 8 1098
2 ~714817 3 B -S IN G LE PO D SEAT 335 670
I ~714848 6-T WI STER C LIMB E R 1046 1046
I ~7 14 850 -C HA M ELEON UDEE T RY & EX IT SECTIONS 1052 1052
2 ~7 1 48503-CHAMELEO LI DE LEFT TUR SECTION 4 11 822
I ~7 14 85 1 49 -SQUA RE T RA FER POINT W/ CLO ED HR 4' DECK 2246 2246
I ~7 1 4 8626-ROOF FOR HEXAGO DEC K. PE RF TEEL 2465 2465
I ~7 149609 -A DA STAIR B ET W EEN D EC K W/2'6" RI SE 2209 2209
I ~714 99269 -KIDS PERC H W/ WH EEL 7 14 7 14
2 ~28 4 0-SLASH PROOF SEAT W/ C HAIN 84 16 8
2 !2990-TOT SEAT 360 D EG W/ C HAIN 130 260
I !7 14735 4 -5" O .D . S INGLE POST S WING FRAM ONLY 4 S EATS REQ 1378 1378
I ~477003 -J AX PACK-T H REE 1833 1833
T o ta l F r om O ther S heets, If A n y:
S ubtota l A: I 232 8~
B. npublis hed Optio n s, Accessory or Service ite ms-Ite m ize Be low -A tta c h A dditiona l heet If ece sary
(No te: Unpublis hed Items are any which were not submitted and priced in contractor's bid.)
Q u a n Desc ription Unit P r Tot a l
~
Total F r om Other S heets, If A n y:
S ubto ta l 8: I ~
C hec k : Total cost o f Unpublished Optio ns (B) cannot exceed 25% of the tota l of For this tra n actio n the pe r centage is: I Oo/j the Base Unit Price pl us Publi shed O ptions (A+B).
C. Other A IIO\\ a oces, D is counts, Trad e-I ns, Freig ht , Make R eady or M iscellaneo u s C harges
M ira cl e IJ GAC BUY Discount
A dditio na l Discount
S ubtotal C : I ol
I Deli very Date: I ASAP II D. Total Purchase Price (A+B+C): II 232801
~==~_7
~~ \
L--\____
N .. c
It
E .c u ca .. .. cc
~
~ ~
< E-o
~ <
E-o ~i!S ~ ~~
0 ~r-
=~ ~0 C~.> ~8 s;~
~~~ ~
! au :;;
c......l ... -...J .. 3d' : = .g ~ c:i~~~~ ._D_E-SI-G-NE_D_F_D_R-----------.--~-OO-ID-~--G-R~--ND-~--l---Q~U~~~TY~:----nT~Q~E :----~~G~R-0~U~N~D~:----------~N~A-----------.-------------------------------------t ~ j~~a
AGEs 5-12 AcnYta~~e~ED 0 PROTECTIVE: NA s cALE : N.T .s. DATE: 7120111 .!t :a a?.-
To promote safe and proper eqllipmeat use by chlldreo, Miracle recommeads thel.a.stallatio: of.!'~:f.:~::•f:ty •!f:.:~=~·:u~~r%r.:~:;~:CZ •l;~g• oear each playsystem's malo eo try polot(s) to Inform pareots and supervilon or the age
AN ENERGY ABSORBING PROTECTIVE SURFACE IS REQUIRED wMi:E~ & AROUND .f{TjLA Y SYSfEMS. AN ADA AC~ESSIBEL SURFACING IS REQUIRED TO MEET ADA REQUIREMENTS.
~ ~ i! ~
~aaf
._ ~ l ~
... _ ~ City of •
?Wheat:Ri_dge
ITEM NO: _l_G-.
DATE: May 14 , 2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD DEMOLITION OF EXISTING
PLAYGROUND EQUIPMENT, INSTALLATION OF NEW
PLAYGROUND EQUIPMENT AND RELATED SITE WORK
IN PARAMOUNT PARK TO CHURCIDCH RECREATION
COMPANY LLC IN THE AMOUNT OF $17,931.86
0 PUBLIC HEARING
I:8J BIDS /MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
0 ORDINANCES FOR 1sT READING
0 ORDINANCES FOR zND READING
0 XES
City Manager
The playground equipment located in Paramount Park, 10010 W. 291h Ave., is in need of
replacement. The playground , installed in 1989 , will be updated to reflect current trends in play
structures and the 2010 ADA Standards for Accessible Design. The existing wood fiber safety
surfacing will be also be replaced with new fiber.
This contract allows for the demolition of the existing playground , installation of the new
playground , the drainage system , concrete, sod and irrigation work by Churchich Recreation,
LLC ofNiwot, CO. The playground equipment will be purchased under a separate contract.
PRIOR ACTION:
Funds for the project were approved in the 2012 adopted budget in the Conservation Trust Fund ,
54-601-800-871 in the amount of$100,000.
FINANCIAL IMPACT:
The demolition of the existing equipment, installation of the new equipment and other related
site work will be performed under this contract in the amount of $17 ,931.76. The purchase of
the playground equipment will be awarded under a separate contract in the amount of
$52 ,076 .80 . Total project cost is $70 ,008 .66 .
Council Action Form
May 14 , 2012
Page2 -..
BACKGROUND:
The Miracle Recreation Products playground equipment is available through HGACBuy,
a governmental entity cooperative procuring service. The local representative for Miracle
Recreation Equipment Co. is Churchich Recreation, LLC in Niwot, CO. The existing
playground equipment has been inspected on a regular basis by the City's nationally
certified playground inspector, following th~ guidelines of the Consumer Product Safety
Commission (CPSC). Staff recommends replacement due to the high level ofuse, age of
the equipment, and current frequency of the maintenance requirements. Site work on this
project is driven by new size requirements for swing sets under CPSC guidelines.
RECOMMENDATIONS:
Staff recommends replacement of this playground equipment in Paramount Park.
RECOMMENDED MOTION:
"I move to award the contract for the demolition of the existing playground equipment,
installation of new playground equipment, and all related site work in Paramount Park to
Churchich Recreation LLC in the total amount of$17,931.86."
Or,
"I move to deny payment for the demolition of the existing playground equipment, installation of
new playground equipment, and all related site work in Paramount Park to Churchich Recreation
LLC in the amount of$17,931.86 for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Mark Ruote, Park Project Coordinator
Rick Murray, Park, Forestry and Open Space Manager
Joyce Manwaring, Director of Parks and Recreation
Jennifer Nellis, Purchasing Agent
ATTACHMENTS:
I. Churchich Recreation LLC Price Quotation
2. Paramount Park Playground Site Plan
Name I Address
City of Wheat Ridge
91 10 W. 44th Avenue
Wheat Ridge, CO 80033
II Quotation
Estimate#
6228
Ship To
City of Wheat Ridge
7500 W. 29th Avenue
Wheat Ridge, CO 80215
Date
3/15/20 12
Proj ect Delivery Terms
Paramount Park Net 30
Item Description Qty Cost
PARAMOUNT PARK-SITE CONSTRUCTION
FENCE CONSTRUCTION FENCE 275 5.00716
DEMO & DISPOSE DEMO & DISPOSE OF EXISTING EQUIPMENT I 2,420.00
Excavate EXCAVATION OF AREA 3,157 1.725
Sump Pit INSTALL 4' x 4' x 4' ROCK FILLED DRY SUMP 3 750.00
DRAINAGE PIT
DEMO & DISPOSE DEMO & DISPOSE OF CONCRETE WALK 455 2 .87501
Curb INSTALL CONCRETE CURB (6"X 16") PER LINEAR 127 32.77504
FOOT
Sod Repair SOD REPAIR 53 2.00
INSTALLMSC IRRIGATION MODIFICATION & REPAIR I 862.50
SUBTOTAL OF EQUIPMENT LISTED ABOVE
Total
Attachment 1
II
Rep
cc
FOB
Jobsite
Total
I ,376.97
2,420.00
5,445 .83
2,250.00
1,308.13
4,162.43
10 6.00
862.50
17,93 1.86
$1 7,931 .86
Terms and Conditions
This quotation and attached terms and conditions must be attached and included as an exhibit to any contract, which is
entered into as a result of this quotation. Failure to do so will result in such contract being returned unsigned until these items
have been included, thus delaying the processing of your order.
Equipment orders with In stallation sen•ice : Continuous access will be provided to the installation crew for heavy equipment traffic without
obstruction for delivery and installation of equipment. safety surfacing and any other materials or furnishing provided on this quotation throughout
the installation . That the s ite is free of utilitie s and that excessive rock excavation will not be required and that the proper si te g rade ha s been
completed prior to the arrival of the installation crew. Additional mobilization cost will be charged for each trip if s ite is not ready for the
installation of the equipment. Core drilling or saw cutting of existing or new concrete or asphalt is not included unle ss specifically stated on the
quotation and the in stallation of all furnishing and equipment not indicated as surface mount or portable should be scheduled for installation prior to
concrete or asphalt construction or blocked out for in concrete forms .
Owner/Contractor site preparation and installation notes and instructions:
• DO 01 PREAD AFETY URFACE OR GRAVEL DRAINAGE PRIOR TO I TALLATIO OF PLAYGROUND EQU IPM E T.
• Removal and replacement of existing su rfacing materials is not included unle ss specifically indicated on the quotation.
• Quotations for Engineered Wood Fiber do not include gravel drainage systems; grave l sumps or daylight drains unless specifically noted .
• Required in stallation grade includes : Site excavated to proper depth and grad e shou ld be no greate r than 2% for drainage .
Owne r/Contractor will provide safety /security fencing . (6 ·Chain link security fencing can be provided upon request at an additional cost.)
Owner/Contractor delivery and receipt of shipment:
• The Owner/Contractor will be notified 24 hours prior to delivery whenever poss ible .
• It is assumed that all mate r ials can be delivered to the jobsite. and the 0~11er/Contractor will provide a secu re location to store the equipment
prior to installation . In stallation price doe s not include tran s portation of materials from a secondary secure delivery location to job si te .
(Secu re s torage can be provided upon request at an additional cost.)
• Delivery does not include lift-gate service.
• Our installers will provide receipt and unloading of equipment whenever possible. when installation of said equipment is part of the contract.
• Lead-times vary by manufacture and are su bject to change without noti ce. Please provi de firm shipment schedules at time of
order, deli very dates requested beyond 180 days are subject price increases from su ppliers for materials and freight.
Insurance: This proposal contains standard General Liability and Workers Compensation coverage. Any waivers of s ubrogation and
primary no-contributory endorsement requirements require additional p remi um to the prov ider. Any additional such charges to our
policies as a result of the awarding of a contract based upon this proposal will be passed throu gh to you at your additional expense.
Quotation does NOT include the following: taxes, prevailing wages, permits, state or local approvals performance/payment bond,
engineering seals, testing, s ite preparation , or storage of eq uipment, security , fencing , or landscaping! U nless s pecifically stated on
the quotation .
Order and Payment Terms: Please make all orders payable to : Churchich Recreation, LLC. All orders require tax-exempt
certificate. All applicable tax will be added to final invoi ce. et 30 day s with approved credit, Visa or MasterCard . o early
payment di scounts or retainage allowed . Quotation is valid for 30 days .
Failure to comply with thes e term s and condition will res ult in additional charges or contract change orders. Please contact our office with
an y ques tion s concerning the attached quotation or terms and condition s, or if any additional sen• ices are required for yo ur Project.
Thank you for the opportunity to provide this quotation.
Signature Date
Acceptance of Quotation:
I hereb y authonzc Churchich Recreati on , LLC to shtp the equtpment listed above , and complete th e specified tasks, for which I agree to pay the total amount specified .
I acknowledge th at I have read and agreed to the Terms and Condit ion s . Payment terms are et-30 days from invoice date with approved credit. Non-taXable customers
must provide proper taX exemption certificate to Churchtch Recre atiOn , LLC at time of order or tax will be added to final invoice Purchase orders and payment s should
be made payable to the order ofChurchich Recreation , LLC , PO Box I I 74 , Niwot, CO 80544 .
Customer Acceptance Signature Date
PI "d h . fi ease prov1 e t e pro)ect contact m ormatiOn: (address required only if different that that shown on the quotation)
Billing Contact information : Shipping Contact and Location :
Name: Name:
Address: Address :
Phone: I Fax: I Phone : I Fax: I
Email: Email:
Churchoch Rec T &C 08
N .. c a»
E .c
CJ
Ia .. ..
cC
~
~ ~
~
~ <
~ ~~
0 ~ ... =~ ~0 ~~.> ~= ~~ ~~.u
~~~ ~ Yi~~ : ~ =.J lj .-------------------~--------------~~~~--~~~---,~~~~~----------~~--------~~----------------------------------~ ~eff~~ oEsiGNEo FoR AOOfiiONALGROUNo l£V£L QUANTITY: TYPE : GROUND: NA cl ~ ~ ~ ~
AGEs s-12 AC~~~~FED o o PROTECTIVE: NA scALE:N.r.s. oATE:?12o;11 ~~a?.-
~~-cg
~OOf To promote safe aod proper equlpmeot ust by cblldreo, Miracle recommtods tbe butallado: or.:l'l':t~=~~.'"f:~ •!f:.:~::'•~o~'::[~[::}:~.i7 •ffo.age near eacb playsystem'• maiD entry poillt(o) to illform pareotJ aod supervlson or tbe age
AN ENERGY ABSORBING PROTECI'IVE SURFACE IS REQUIRED .M'l:E~ & AROUND .fL~~LA Y SYSfEMS. AN ADA ACJ:'ESsiBEL SURFACING IS REQUIRED TO MEET ADA REQUIREMENTS.
~ ~ ~ ~
.. • " City of •
JP'"WheatRi_dge
ITEM NO: _L_H.
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 25-2012 - A RESOLUTION AMENDING
THE FISCAL YEAR 2012 GENERAL FUND BUDGET TO
REFLECT THE APPROVAL OF A SUPPLEMENTAL
BUDGET APPROPRIATION IN THE AMOUNT OF $7,000
AND THE ACCEPTANCE OF A 2012 CDOT GRANT TO
SUPPORT THE CHECKPOINT COLORADO PROGRAM
D PUBLIC HEARING
D BIDS/MOTIONS
1:8] RESOLUTIONS
QUASI-JUDICIAL:
ISSUE:
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2 ND READING
D YES
The Police Department has been awarded a Colorado Department of Transportation (CDOT)
grant in the amount of$7,000 from the Office ofTransportation Safety to support the Checkpoint
Colorado Program. The Police Department anticipates using this grant to conduct a Driving
Under the Influence (DUI) checkpoint in conjunction with other enforcement and education
programs relating to the prevention of drunk driving . The goal is to reduce traffic accidents by
identifying DUI drivers and removing them from the roadways. Grant funds will cover personnel
costs for 20 sworn officers to staff the checkpoint for seven hours.
PRIOR ACTION:
The Police Department has participated in the Checkpoint Colorado in past years. Grant funding
was suspended for several years and the program had not been available until 2012.
FINANCIAL IMPACT:
There is no financial impact anticipated. This program is funded by a COOT grant.
Council Action -2012 Checkpoint Colorado Grant
May 14,2012
Page 2 ..
• • f I •
BACKGROUND:
The City of Wheat Ridge has experienced an increase in fatal accidents that are the direct result
of intoxicated drivers. In 2010, there were a total of three fatal accidents resulting in the deaths
of four people. One of those accidents and two fatalities involved a driver who was under the
influence of alcohol. In 2011, there were a total offour fatal accidents resulting in the deaths of
five people. Two of those accidents and three fatalities involved a driver who was under the
influence of alcohol. Already in 2012, the City of Wheat Ridge has experienced one fatal
accident and one fatality that involved an intoxicated driver.
In addition to the fatalities , the City has experienced 14 injury accidents in 2011 and 25 injury
accidents in 2010 that were all related to intoxicated drivers.
By utilizing the grant-funded Checkpoint Colorado program, the police department hopes to
reduce accidents and fatalities associated with intoxicated driving.
RECOMMENDATIONS:
Staff recommends approval of the resolution.
RECOMMENDED MOTION:
"I move to approve Resolution No. 25-2012, a resolution amending the fiscal year 2012 General
Fund Budget to reflect approval of a supplemental budget appropriation in the amount of $7,000
and the acceptance of a 2012 CDOT grant."
Or
"I move to table indefinitely Resolution No. 25-2012, amending the fiscal year 2012 General
Fund Budget to reflect approval of a supplemental budget appropriation in the amount of $7 000
and the acceptance of a 20 12 COOT grant for the following reason(s) ,
REPORT PREPARED/REVIEWED BY:
Jim Lorentz, Division Commander
ATTACHMENTS:
1. CDOT Office of Transportation Safety Funding Application
2. Resolution No. 25-2012
COLORADO DEPARTMENT OF TRANSPORTATION (COOT)
Office of Transportation Safety (OTS)
Funding Application
COOT
Office of Transportation Safety
Attn. Gina Guerrero
4201 East Arkansas Avenue
Denver Colorado 80222
303.757.9575
gina .guerrero@dot.state.co.us
PART1
Introduction
Project title: 2012 Checkpoint Colorado
--------------------~------------------------
Check the performance measure(s) that Is addressed by this project:
181 Reduce the# of traffic fatalities
181 Reduce the # of serious injuries in traffic crashes
181 Reduce the fatalities per Vehicle Miles Traveled (VMT)
0 Reduce the #of unrestrained passenger vehicle occupant fatalities, all seat positions
181 Reduce the # of fatalities in crashes involving a driver or motorcycle operator with a BAC of .08 and
above
0 Reduce the # of speeding-related fatalities
0 Reduce the number of motorcyclist fatalities
0 Reduce the# of unhelmeted motorcyclist fatalities
181 Reduce the # of drivers age 20 or younger involved in fatal crashes
0 Reduce the number of pedestrian fatalities
0 Increase the observed seat belt use for passenger vehicles
Check the emphasis that best describes the focus of this project:
1811mpaired Driving
0 Young Drivers
0 Motorcycle Safety
0 Bicyclists
0 Seatbelt Compliance
0 Child Passenger Safety
0 Pedestrians
0 Traffic Records
0 Pick-up Truck Drivers
0 Aggressive drivers
0 Speed
0 Commercial Vehicles
Applicant agency/organization: Wheat Ridge Police Department
Applicant project Director:
Sgt. Tracy Wardell
Crime and Traffic Team
Wheat Ridge Police Department
7500 W 291h Ave Wheat Ridge, CO, 80033
303-235-2936
email : TWARDELL@CI.WHEATRIDGE.CO .US
I
Attachment 1
COOT Fonn 11 1116
PART2
Description of Activity and Budget
In this section, describe the following 8 topics in narrative form. The narrative for all topics may
not exceed four single-sided pages. Use at least a 12-point font. Hand-written Applications will
not be accepted .
1) Problem Identification:
The City of Wheat Ridge is located within Jefferson County and has a population of
approximately 33,000 residents . The City of Wheat Ridge encompasses nearly 9 1/2
square miles. The City of Wheat Ridge is bordered by Denver to the east, Lakewood to
the south, Arvada to the north and Golden/Unincorporated Jefferson County to the west.
The city has approximately 120 miles of streets . The city has several State of Colorado
highways going through it, Wadsworth Boulevard (CO 121), Sheridan Boulevard (CO
95), Kipling Street (CO 391 ), Ward Road (CO 72) and Colorado 58. All of these
highways serve as major corridors for traffic traveling through Jefferson County. These
highways connect with other major arterials that lead in and out of downtown Denver.
These streets are W. 44th Avenue, W . 38th Avenue, W . 32d Avenue and W . 26th
Avenue. The City of Wheat Ridge has 4 Yz miles of lnterstate-70 that bisects the city.
These major thoroughfares produce a traffic volume that belies the actual size of the
City of Wheat Ridge .
The City of Wheat Ridge has experienced an increase in fatal accident and fatalities
that are the direct result of intoxicated drivers.
In the year 2009 and 2008 , there were only two fatal accidents in the City of Wheat
Ridge for each year. Those two accidents resulted in the death of two people for each
year. None of the fatalities in 2009 or 2008 involved intoxicated drivers.
In the year 2010 , there were a total of three fatal accidents in the City of Wheat
Ridge resulting in the death of four people. Only one of those accidents and two of
those fatalities involved a driver who was under the influence of alcohol or drugs.
In the year 2011, there were a total of four fatal accidents in the City of Wheat Ridge
resulting in the death of five people. Two of those fatal accidents and three of those
fatalities involved drivers who were under the influence of alcohol or drugs .
In the year 2012, the City of Wheat Ridge has already experienced one fatal
accident and one fatality that involved an intoxicated driver.
In addition to the fatal accidents, the City of Wheat Ridge has experienced 14 injury
accidents in 2011, 25 injury accidents in 2010, and 16 injury accidents in 2009 that were
all related to intoxicated drivers.
2 COOT Fonn #1116
6~--------~-------.---------r------~
5
4 .8 +---------1---------+-----+--
3.6+-----t--------+----
1.2
0 2008 2009 2010 2011
2) Project Goals and Objectives:
• total fatal
accidents
total deaths
• total DUI
related
deaths
The City of Wheat Ridge is requesting funding to conduct one DUI checkpoint in
2012. This DUI checkpoint will be done in conjunction with other DUI enforcement and
DUI education efforts.
The goals of this project are:
1. To conduct one DUI checkpoint in the City of Wheat Ridge to coincide with either
the July 4th holiday weekend or the Labor Day holiday weekend.
2. To use the DUI checkpoint to educate the public and to deter sober drivers from
driving under the influence in the future!
3. To set a goal of 10 DUI arrests during the DUI checkpoint. The City of Wheat
Ridge has three year DUI arrest average of 173 arrests per year. This single DUI
checkpoint goal would increase the average yearly DUI arrest by 5.78 %.
4 . To conduct this DUI checkpoint as part of a larger DUI enforcement and education
project. The overall goals of the DUI project is to reduce DUI related fatal accidents and
DUI related injury accidents.
3 COOT Fonn 11 1116
3) Project Activities:
The Wheat Ridge Police Department will conduct a DUI checkpoint that will coincide
with either the July 41h holiday weekend or the Labor Day holiday weekend. The DUI
checkpoint will use 20 Wheat Ridge Police Officers in the 41 00 block of Kipling St. The
hours of operation will be from 2000 hours to 0300 hours, including set up and clean up .
The 4100 block of Kipling St. was selected because it is in close proximity to the last
three DUI related fatal traffic accidents that occurred in Wheat Ridge . The 4100 block
of Kipling St. is also a major north I south corridor in the Denver metro area and it is
also Colorado State Highway 391 .
4) Project Evaluation :
The success DUI checkpoint will be evaluated by examining the number of vehicles
that passed through the checkpoint and the number of DUI related arrests.
The number of vehicles that pass through the checkpoint will reflect the number of
drivers and passengers that observed the DUI checkpoint. This will be an educational
experience as well as a future deterrent to driving under the influence of alcohol.
The number of DUI arrest will be compared to the DUI arrest goal of 10 for this
operation .
Since this DUI checkpoint will be part of a larger DUI enforcement and education
project , the checkpo int results will be compared to other efforts in determining success
or failure.
5) Agency Qualifications:
WRPD is a medium sized department consisting of 72 sworn officers . We are a
member of the Metro DUI Task Force and conduct checkpoint activity in cooperation
with the Jefferson County Sheriffs Office. We receive COOT funding for HVIDE periods
and Click It Or Ticket and routinely participate . As supervisor of the Crime And Traffic
Team (CATT) I apply for funding , enter enforcement plans and arrest data, schedule
activities and staffing , track expenditures and prepare reimbursement claims . I am also
supervisor for our agency 's Liquor Enforcement Team, part of which is providing training
to local businesses and citizens regarding liquor laws, to include Impaired Driving
information . With very few exceptions , all of our sworn personnel are currently SFST
certified , and I conduct bi annual recertification training as part of our annual in-service.
CA TT and Crime Prevention work together to provide educational training on Impaired
Driving and Distracted Driving to our local high school.
4 COOT Form 111116
6) Community Collaboration and Support:
This DUI checkpoint will be a single event in a larger effort in 2012 DUI enforcement
and education.
The Wheat Ridge Police Department is one of the original members of the Metro DUI
Task Force and this will continue in 2012. The Metro DUI Task Force is a multi-agency
task force that conducts DUI saturation patrols throughout the Denver-metro area . In
2011, the Wheat Ridge Police Department participated in two Metro DUI Task Force
operations.
The Wheat Ridge Police Department works in conjunction with the Jefferson County
Sheriffs Office in conducting multi-agency DUI checkpoints. In 2011, the Wheat Ridge
Police Department participated in one DUI checkpoint with the Jefferson County Sheriffs
Office.
7) Long-Term Sustainability and Total Project Funding:
If this DUI checkpoint is successful, the Wheat Ridge Police Department could
examine using the existing budget to conduct future DUI checkpoints.
The Wheat Ridge Police Department currently uses the existing budget to fund
Metro DUI Task Force operations as well as the Jefferson County Sheriffs Office multi-
agency Dui checkpoints.
8) Budget Narrative:
OPERATING EXPENSES:
The proposal is for one DUI checkpoint from 2000 hours to 0300 hours (7 hours) for
a 20 sworn police officers. This time would include both set up and clean up. The DUI
checkpoint would use 140 hours of manpower.
The average overtime rate is calculated at $50.00 per hour. The total personnel cost
would be $7000.00 to staff the DUI checkpoint.
Since the checkpoint would be in operation for seven continuous hours there would
be a food and beverage cost of $200.00
CONTRACTUAL SERVICES: N/A
TRAVEL: N/A
CAPITAL EQUIPMENT: N/A
MATCH: Not required in 2012 .
5 COOT Form 111116
DETAILED BUDGET
PERSONAL SERVICES
Annual Total "• of COOT Annual Full-Fringe Annual time to Total Share Local Match
Name of Position t i me Salary Salary this ($) ($) Benefit Cost project ($)
SUBTOTAL
(2) OVERTIME
Overtime No. of Tota l COOT Local
Name Rate Cost Share Match
($) Hours ($) ($) ($)
Police Officer 50 .00 140 7000 .00 7000 .00 0 .00
SUBTOTAL
TOTAL PERSONAL SERVICES $7000 .00 s7ooo .oo so .oo
100% 0%
OPERATING EXPENSES
Number Cost per Unit Total Cost COOT Local
of Share Match Description Units ($) ($) ($) ($)
Food I beverage 200 .00 200 .00 0 .00
COOT Share Local
Match
TOTAL OPERATING EXPENSES $200 .00 $200.00 $0 .00
o/o %
6 COOT Form #1116
CONTRACTUAL SERVICES
Dates of Hourly Rate Total COOT local
Cost Share t.eatch Contractor Contract ($) ($) ($) ($)
None requested
COOT Share local
Match
TOTAL CONTRACTUAL SERVICES s $ s
% %
TRAVEL
In Out of Total Cost COOT Share local Match State State Description ($) ($) ($) ($) ($)
None requested
COOT Share local Match
TOTAL TRAVEL $ $ $
% %
CAPITAL EQUIPMENT
No. of Cost per Total Cost COOT local Match
Description Units Unit ($) Share ($) ($) ($)
None requested
COOT Share l ocal Match
TOTAL CAPITAL EQUIPMENT $ $ $
·~ %
7 COOT Fonn 111116
Budget Summary
COOT Share
1. Total Personal Services : $7000.00
2 . Total Operating Expenses: $200.00
3. Total Contractual Services: $0
4 . Total Travel: $0
5 . Total Capital Equipment: $0
6 . Total lines1 -5 (Amount Requested from COOT): $7200.00
7 . Total lines 1-5 (Amount provided by applicant):
Total Project Cost (Add lines 6 & 7):
8
Local Matching
Share (50% of Total
Project Cost)
$n/a
$0
$0
$0
$0
$0
$7200 00
COOT Fonn 111116
PART3
Certifications and Assurances
It is hereby understood that this Application and attachments hereto, when approved and signed
by all concerned parties, as indicated shall constitute an agreement by and between the
applicant organization to perform in accordance with the terms of this Application and
attachments, taken as a whole . This agreement is based on guidelines found in 49 CFR, Part
18 and 2 CFR, Part 225, in order to standardize and simplify federal grants. The signature
below of an authorized representative of the applicant agency certifies and ensures that all the
following conditions will be met.
1) Reports -The Contractor shall submit quarterly reports, a final report at end of project, and
submit special reports as outlined in the Project Agreement. Please read Reporting
Requirements, following this section.
2) Copyrights, Publications. and Patents -Where activities supported by this project produce
original copyright material, the Contractor may copyright such, but COOT reserves
nonexclusive and irrevocable license to reproduce, publish, and use such materials and to
authorize others to do so. The Contractor may publish, at its own expense, the results of
project activities without prior review by COOT, provided that any publications (written,
visual, or sound) contain acknowledgment of the support provided by the National Highway
Traffic Safety Administration (NHTSA) and COOT. Any discovery or invention derived from
work performed under this project shall be referred to COOT, who will determine through
NHTSA whether patent protections will be sought, how any rights will be administered, and
other action required to protect the public interest.
3) Termination -This project agreement may be terminated or fund payments discontinued or
reduced by COOT at any time upon written notice to the Contractor due to non-availability of
funds, failure of the Contractor to accomplish any of the terms herein, or from any change in
the scope or timing of the project.
4) Fiscal Records-Complete and detailed accounting records will be maintained by the
Contractor of all costs incurred on this project, including documentation of all purchases of
supplies, equipment, and services; travel expenses; payrolls; and time records of any
person employed part-time on this project. Federal, state, or COOT auditors shall have
access to any records of the Contractor. These records shall be retained for three years
after the final audit is completed or longer, if necessary, until all questions are resolved .
5) Funding-The Contractor will utilize funds provided to supplement and not to supplant state
and local funds otherwise available for these purposes. Funds are to be expended only for
purposes and activities approved in the project agreement. Reimbursement will be made
periodically by COOT based on approved requests for reimbursement. If matching funds
are required , the Contractor will expend them from nonfederal sources, which must be spent
not later than 30 days following the completion of the project.
6) Cost Principles and Grant Management -The allowability of costs incurred and the
management of this project shall be determined in accordance with 2 CFR, Part 225 and 49
CFR, Part 18 for state and local agencies, 2 CFR, Part 220 and 2 CFR, Part 215 for
educational institutions , and 2 CFR, Part 230 for nonprofit entities .
7) Obligation Funds -Federal funds may not be obligated prior to the effective date or
subsequent to the termination date of the project period . Requests for reimbursement
outstanding at the termination date of the project must be made within 30 days or those
funds may not be paid .
8) Changes -The Contractor must obtain prior written approval from COOT for major project
changes, including: changes of substance in project objectives, evaluation, activities, the
project manager, key personnel, project budget or transfer of funds from one category in the
budget to another. The period of performance of the project, however, cannot be changed.
9 COOT Form# 1116
9) Program Income -The COOT Safety programs encourage Contractors to earn income to
help defray program costs, but there are federal regulations that must be followed . Program
income is defined as gross income received by the State and/or Contractor directly
generated by a grant supported activity, or earned only as a result of the grant agreement
during the grant period. Income earned by the Contractor with respect to the conduct of the
project (sale of publications, registration fees, service charges, donations for child safety
seats, etc.) must be accounted and income applied to project purposes, used to reduce
project costs, or be used to meet cost agency matching requirements. The Contractor is
responsible for reporting all program income according to federal and state requirements.
1 0) Purchases -Purchase of equipment or services must comply with state or local regulations .
After the end of the project period, equipment should continue to be utilized for traffic safety
purposes and cannot be disposed of without written approval of COOT. The Contractor
shall make and maintain an inventory of equipment to include descriptions, serial numbers,
locations, costs or other identifying information, and submit a copy to COOT.
11) Third Party Participants -No contracts or agreements may be entered into by the Contractor
related to this project, which are not incorporated into the project agreement and approved
in advance by COOT. The Contractor will retain ultimate control and responsibility for the
project. COOT shall be provided with a copy of all contracts and agreements entered into
by Contractors. Any contract or agreement must allow for the greatest competition
practicable and evidence of such competition or justification for a negotiated contract or
agreement shall be provided to COOT.
12) Participation by Disadvantaged Business Enterprises -The contractor agrees to take all
necessary and reasonable steps in accordance with Title 49, CFR, Subtitle A, Part 26 to
ensure that minority business enterprises have the maximum opportunity to compete for and
perform contracts. Recipients and their contractors shall not discriminate on the basis of
race, color, national origin, or sex in the award and performance of any subcontracts
financed in whole or in part with federal funds.
13) Non Discrimination-In the performance of this agreement the Contractor, by its signature
below, certifies and assures that it shall comply with all Federal statutes and implementing
regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of
the Civil Rights Act of 1964 (P .L. 88-352) which prohibits discrimination on the basis of race ,
color or national origin (and 49 CFR Part 21 ); (b) Title IX of the Education Amendments of
1972, as amended (20 U.S .C . §§ 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; (c) Section 503 and 504 of the Rehabilitation Act of 1973, as amended
(29 U.S.C. §791 et seq.), which prohibits discrimination on the basis of handicaps (and 49
CFR Part 27); (d) The American with Disabilities Act of 1990, as amended (42 U.S.C .
§§12111-12213) which prohibits discrimination on the basis of disability (and 49 CFR Part
37); (e) the Age Discrimination Act of 1975, as amended (42U .S.C. §§ 6101-6107), which
prohibits discrimination on the basis of age; (f) the Drug Abuse Office and Treatment Act of
1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;
(g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse of alcoholism ; (h) §§ 523 and 527 of the Public Health Service Act of
1912 (42 U.S.C . §§ 290 dd-3 and 290 ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968 (42
U .S . C. §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or
financing of housing; (j) any other nondiscrimination provisions in the specific statute(s)
under which application for Federal assistance is being made; and, (k) the requirements of
any other nondiscrimination statute(s) which may apply to the application. The Contractor
shall not discriminate on the basis of race , color, national origin, sex, religion, age, creed ,
Vietnam Era and Disabled Veterans status or sensory, mental or physical handicap in the
provision of any terms and conditions of employment or the provision of service or benefits
otherwise afforded and will take the affirmative action necessary to accomplish the objects
of the above referenced laws.
14) Political Activities-No funds , materials, equipment, or services provided in this project
agreement shall be used for any partisan political activity or to further the election or defeat
I 0 C OOT Fonn 11 111 6
of any candidate for public office or to pay any person to influence or attempt to influence an
officer or employee of congress, or an employee of a member of congress, an officer or
employee of congress in connection with the awarding of any federal loan or the entering in
of any cooperative agreements.
15) Single Audit -All non-Federal entities that expend $500,000 or more of Federal awards in a
year are required to obtain an annual audit in accordance with the Single Audit Act
Amendments of 1996, OMB Circular A-133, the OMB Circular Compliance Supplement and
Government Auditing Standards. A single audit is intended to provide a cost-effective audit
for non-Federal entities in that one audit is conducted in lieu of multiple audits of individual
programs. Non federal entities include States, Local Governments, and Non-Profit
Organizations. The term non-profit organization includes non-profit institutions of higher
education and hospitals.
16) Safety Belt Policy-No funds , materials, property, or services will be provided to any political
subdivision that does not have a current and actively enforced policy requiring the use of
seat belts.
17) Drug Free Workplace -In accordance with the Anti-Drug Act of 1988 (41 USC 702-707) and
Drug-Free Workplace (42 USC 12644}, COOT has the responsibility to ensure that unlawful
manufacture, distribution, dispensing, possession or use of a controlled substance by any
employees, grantees, and/or sub-grantee of the Contractor and/or any such activity is
prohibited in the Contractor's workplace .
18) Colorado Standard Field Sobriety Testing -All law enforcement officers who are performing
impaired driving enforcement activities with funding from COOT must be in compliance with
the current Colorado Standards for Field Sobriety Testing Standards.
19) Debarment and Suspension -The applicant certifies, by signature below, that neither it nor
its principals are presently debarred, suspended, proposed for debarment, declared
ineligible, or voluntarily excluded from participation in this transaction by any federal
department or agency.
20) Lobbying -None of the funds under this program shall be used for any activity specifically
designed to urge or influence a state or local legislator to favor or oppose the adoption of
any specific legislative proposal pending before any state or local legislative body. Such
activities include both direct and indirect e .g., "grassroots" lobbying activities, with one
exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with state or local legislative officials, in
accordance with customary state practice, even if such communications urge legislative
officials to favor or oppose the adoption of a specific pending legislative proposal.
II COOT Fonn 111116
PART4
Reporting Requirements
Reporting Frequency : The Office of Transportation Safety requires four types of reports
in conjunction with highway safety projects:
1. Quarterly reports during the life of a project;
2. A final report at the conclusion of a project. This is to include training and consultant
reports, if applicable; and
3. Special reports as required.
4 . Annual Report Template (to be provided by COOT)
These reports keep OTS informed of a project's progress, explains any difficulties encountered,
provides a background of information that can be passed on to others, suggests ways in which
COOT can assist with the project, and aids in distribution of state funds .
Quarterly Reports: These are to be submitted quarterly and are due within twenty (20)
calendar days after the end of the reporting calendar quarter as follows :
First Quarter:
Second Quarter:
Third Quarter:
1 October-31 December
1 January-31 March
1 April -30 June
Report due January 20
Report due April 20
Report due July 20
If there are no activities to report submit report indicating so. Any original or innovative ideas or
methods employed in your project should be incorporated into your reports .
Fourth and Final Report: The fourth quarter and final report can be combined . These are
to be submitted within 45 days of contract completion, which is no later than November 15.
Final reports are to be detailed and must describe whether the project objectives were
accomplished , if technical and fiscal problems were encountered, and what improvements in
traffic safety have resulted or probably will result. Included in final reports will be copies of
publications, training reports and any statistical data generated in project execution. These
final reports should discuss the following :
1. Accomplishments compared to the original project objectives ;
2. Were all activities of the project completed as scheduled? Include dates and milestones
when studies were completed; equipment acquired, installed and operated;
3. Any unanticipated proceedings that affected the project;
4. Funding and costs for completion of the project in relationship to original estimates ; and
5. Third party performance if applicable . A copy of any consultant reports should be included
with the final report .
Special Reporting: Special reporting procedures may be required. If so , reporting
frequency will be detailed in the project agreement.
Annual Report Template: An Annual Report template will be provided to the contractor in late
October. The contractor is responsible for providing the requested information and submitting
back toOTS. The templates are then used to form the basis of the Office of Transportation
Safety and Traffic Engineering Branch's Annual Report .
12 COOT Fom1 111116
PARTS
Reimbursement Requirements
COOT funds grants on a "cost reimbursement" basis only . COOT will not make payments in
advance or in anticipation of goods or services .
Claims for reimbursement will be submitted to the OTS on a monthly basis if there are any costs
incurred.
Final claims for reimbursement must be received by COOT no later than November 15 (for
costs incurred during the final contract month of September)
Claims for reimbursement received after the above cutoff date will not be
reimbursed.
Unallowable Project Costs: All projects must follow appropriate state and federal
funding regulations . Examples of unallowable project costs include , but are not limited to, the
following:
• Office furniture and fixtures ;
• Routine roadway construction or maintenance; and
• Funds that supplant existing budgets*
* Federal regulations prohibit supplanting of funds. Examples of supplanting include: replacing
routine and/or existing State or local expenditures with the use of Federal grant funds and/or
using Federal grant funds for cost of activities that constitute general expenses required to carry
out the overall responsibilities of state, local or Federally recognized Indian tribal government.
13 COOT Fonn 111116
PARTS
Signature Requirements
I declare under penalty of perjury in the second degree, and any of the applicable state or
federal laws, that the statements made and contained under the title Certification and
Assurances above are true and complete to the best of my knowledge.
I have read and understand the above Reporting and Reimbursement requirements and
will comply with these requirements made and contained herein on pages 10 and 11 to
the best of my knowledge.
Applicant agency/organization Authorizing Official
Patrick Goff City Manager
Name Title
email telephone
Lj-19-/
Signature of Authorized Official • Date
* This application will not be considered for funding if the Authorized Official has not
signed
The agency personnel contact information below must be completed
1. CONTRACT/PROJECT DIRECTOR 3. PROJECT COORDINATOR
Name: Sgt. T. R. Wardell Name: Sgt. T . R. Wardell
Address : 7500 W. 29th Address : 7500 W . 29th
Wheat Ridge, Co 80033 Wheat Ridge, Co 80033
Telephone: (303) 235-2936 Telephone: (303) 235-2936
e-mail: twardell@ci. wheatridge.co. us e-mail: twardell@ci.wheatridge.co.us
2. ACCOUNTING RECORDS/CLAIMS 4. MAIL PROJECT PAYMENTS TO:
Name: Sgt. T . R. Wardell Name: Sgt. T . R. Wardell
Address: 7500 W . 29th Address : 7500 W . 29th
Wheat Ridge, Co 80033 Wheat Ridge, Co 80033
Telephone: (303) 235-2936 Telephone: (303) 235-2936
e-mail: twardell@ci. wheatridge.co. us e-mail : twardell@ci.wheatridge.co.us
14 COOT Fonn 11111 6
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 25
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
$7,000 AND THE ACCEPTANCE OF A 2012 COOT GRANT TO
SUPPORT THE CHECKPOINT COLORADO PROGRAM
WHEREAS, the City of Wheat Ridge Police Department has been awarded a
grant to support the 2012 Checkpoint Colorado program, in an effort to reduce the
number of fatalities and serious injuries in traffic crashes involving drivers impaired by
alcohol, and
WHEREAS, City Council desires to accept the grant in the amount of $7,000 to
fund the program; and
WHEREAS, the Wheat Ridge City 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 acceptance of the 2012 Colorado
Department of Transportation Office of Transportation Safety grant
and the amendment of the General Fund revenues appropriately.
B. The City Council authorizes the transfer of $7,000 from the General
Fund undesignated reserves to account number 01-202-600-610.
C. The City Manager is authorized to execute all documents
necessary for the acceptance of the award.
DONE AND RESOLVED this 14th day of May 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 2
~·"~ ... _ .-City of JP'Wheat~ge
ITEMN0:_0.
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE PAYMENT OF THE SALES TAX
INCREMENT FOR APRIL OF FISCAL YEAR 2012 FROM
THE TOWN CENTER PROJECT IN THE AMOUNT OF
$36,112.06 TO THE WHEAT RIDGE URBAN RENEWAL
AUTHORITY
0 PUBLIC HEARING
I:8J BIDS /MOTIONS
0 RESOLUTIONS
0 ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
QUASI-JUDICIAL: D YES IZI NO
Q~~4L r
ISSUE:
The April2012 sales tax increment for the Wheat Ridge Town Center due to Renewal Wheat
Ridge is $36,112.06. Expenditures over $35 ,000 require City Council approval.
FINANCIAL IMPACT:
The 2012 budget includes a total of $210 ,000 for sales tax increment share back with the Wheat
Ridge Urban Renewal Authority (Authority).
BACKGROUND:
The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14 , 1981 ,
which provided for the utilization of propert~ and sales tax increment in the commercial area east
ofWadsworth Boulevard , between West 38 1 Avenue and West 441h Avenue. The property tax
increment expired in 2006 , after 25 years. Through an IGA between the City and the Authority
signed on June 26 , 2006 , the sales tax increment was amended so that the maximum increment
for the Wheat Ridge Town Center Project paid to the Authority shall not exceed $100 ,000 in any
fiscal year and the increment was extended to and including December 31 , 2008. An amendment
to the IGA in October 2007 removed the $100,000 rumual cap and extended the agreement to and
including December 31 , 2014 . In September, 2011 the City Council approved , via Resolution
Council Action Form
May 14,2012
Page f.
No. 49-2011, to increase the payment from 50% to 100% of the sales tax increment to the
Authority through December 31, 2014.
RECOMMENDATIONS:
Staff recommends distribution of the sales tax increment for April of fiscal year 2012 in the
amount of$36,112.06.
RECOMMENDED MOTION:
"I move to approve payment of the sales tax increment for April of fiscal year 2012 from the
Town Center Project in the amount of $36 ,1 12 .06 to the Wheat Ridge Urban Renewal
Authority."
Or,
"I move to deny payment of the sales tax increment for the April of fiscal year 2012 from the
Town Center Project in the amount of$36,112.06 to the Wheat Ridge Urban Renewal Authority
for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Steve Art , Economic Development and Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
None
. ' ..... ~ ., City of •
?WheatRi_dge
ITEMN0:~1.
DATE: May 14,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 27-2012 - A RESOLUTON APPROVING
AN INTERGOVERNMENTAL AGREEMENT FOR
COOPERATIVE PURCHASING PURPOSES BETWEEN THE
CITY OF WHEAT RIDGE AND HGACBUY
D PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
QUASI-JUDICIAL: D YES
Parks and Recreation Director City Manager
ISSUE:
The playground equipment located in Paramount Park , 10010 W. 29th Ave., is in need of
replacement. The playground, installed in 1989 , will be updated to reflect current trends
in play structures and the 2010 ADA Standards for Accessible Design. New engineered
wood fiber safety surfacing will also be installed.
Playground equipment is available through HGACBuy, a governmental entity
cooperative procurement service.
HGACBuy requires approval of an intergovernmental agreement between the purchasing
entity and HGACBuy to use their procurement service. Approval of this resolution
allows the City of Wheat Ridge to purchase playground equipment at competitive
pricing.
PRIOR ACTION:
Funds for the project were approved in the 2012 adopted budget in the Conservation
Trust Fund in the amount of $100 ,000.
Council Action Form
May 14, 2012
Page2 . "· ...
• .. ... t;• ••
FINANCIAL IMPACT:
The budgeted amount for the playground project is $100,000. Included in this amount is
the purchase of the playground equipment in this contract for $52,076.80. Use of the
HCAGBuy agreement, PR 11-10 Parks & Recreational Equipment bid, provides discounts
off 2010 equipment pricing. The demolition of the existing equipment, installation of the
new equipment and other site work will be performed under separate contract. The total
project cost is $70,008.66
BACKGROUND:
The existing playground equipment has been inspected on a regular basis following the
guidelines of the CPSC (Consumer Product Safety Commission) by the City of Wheat
Ridge nationally certified playground inspector. Staff recommends replacement due to
the high level of use, age of the equipment, and current frequency of the maintenance
requirements. The scope of the project includes expansion of the area to include a
separated swing bay.
RECOMMENDATIONS:
Staff recommends approval of the intergovernmental agreement.
RECOMMENDED MOTION:
"I move to approve Resolution No: 27-2012, a resolution approving an Intergovernmental
Agreement between the City of Wheat Ridge and HGACBuy for cooperative purchasing
purposes."
Or,
"I move to deny approval of Resolution No: 27-2012, a resolution approving an
Intergovernmental Agreement between the City of Wheat Ridge and HGACBuy for cooperating
purchasing purposes for the following reason(s) "
REPORT PREPARED/REVIEWED BY:
Joyce Manwaring, Director of Parks and Recreation
Jennifer Nellis, Purchasing Agent
ATTACHMENTS:
1. Resolution No . 27-2012
2. Intergovernmental Agreement
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 27
Series of 2012
A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT FOR COOPERATIVE PURCHASING BETWEEN
THE CITY OF WHEAT RIDGE AND HGACBUY
WHEREAS, HGAC (Houston-Galveston Area Council of Governments) is a
regional planning commission and political subdivision of Texas operating under
Chapter 391, Texas Local Government Code; and
WHEREAS, pursuant to the Act, HGACBuy is authorized to contract with eligible
entities to perform governmental functions and services, including the purchase of
goods and services; and
WHEREAS, in reliance on such authority, HGACBuy has instituted a cooperative
purchasing program under which it contracts with eligible entities under the Act; and
WHEREAS, the City of Wheat Ridge has represented that it is an eligible entity;
and
WHEREAS, the City of Wheat Ridge would like to participate in the Cooperating
Purchasing Program in order to obtain competitive pricing for products/services,
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. H-GACBuy lnterlocal Contract for Cooperative Purchasing.
The Intergovernmental Contract between the City of Wheat Ridge and
HGACBuy, concerning cooperative purchasing by the City of Wheat Ridge,
attached to this Resolution and incorporated herein by reference, is hereby
approved. The Mayor and City Clerk are authorized to execute the same.
Section 2. Effective Date
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this __ day of _____ , 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1
INTERLOCAL CONTRACT ILC
FOR COOPERATIVE PURCHASING No.: ____ _
Permanent Num ber as signed by H-GAC
THIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter
791 , Texas Government Code (the "Act"), by and between the Houston-Galveston Area Council , hereinafter referred to as "H-GAC,"
having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and*-------==----.........,.-
, c. ,Q... ~ cl e_ , a local government, a state agency, or a non-profit corporation
cr~at~d and o erated ~o provide .one or more governmental f\Jn?tions and servi~es, hereinafter referred to as "End User," having its
pnnc1pal place ofbusmess at* ?So a tJ . ;=?."'H h A ~€..,. LJM.R{~,J.j e_ Co ~60 .?.5 -¢'00 \
WITNESSETH
WHEREAS , H-GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391,
Texas Local Government Code; and
WHEREAS , pursuant to the Act, H-GAC is authorized to contract with eligible entities to perform governmental functions and
services, including the purchase of goods and services ; and
WHEREAS, in reliance on such authority, H-GAC has instituted a cooperative purchasing program under which it contracts with
eligible entities under the Act; and
WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on
* (Date), and that it desires to contract with H-GAC on the terms set forth below;
NOW, THEREFORE , H-GAC and the End User do hereby agree as follows :
ARTICLE I: LEGAL AUTHORITY
The End User represents and warrants to H-GAC that (I) it is eligible to contract with H-GAC under the Act because it is one of the
following : a local government, as defined in the Act (a county, a municipality, a special district , or other political subdivision of the
State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as
defined in Section 771 .002 of the Texas Government Code , or a similar agency of another state), or a non-profit corporation created
and operated to provid e one or more governmental functions and services , and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
H-GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules , regulations , and
ordinances and laws in effect or promulgated during the term of this Contract.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments , as provided herein , constitute the complete contract between the parties hereto , and supersede any
and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began * ~(\l.t \.Q\1-1 \, ;;_, I ::1, and
ends* be-e e ro\>?S: ~I, :ZD I ;J..... This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year,
provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H-
GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract.
ARTICLE 5: SCOPE OF SERVICES
The End User appoints H-GAC its true and lawful purchasing agent for the purchase of certain products and services through the H-
GAC Cooperative Purchasing Program. End User will access the Program through HGACBuy.com and by submission of any duly
executed purchase order, in the form prescribed by H-GAC to a contractor having a valid contract with H-GAC. All purchases
hereunder shall be in accordance with specifications and contract terms and pricing established by H-GAC . Ownership (title ) to
products purchased through H-GAC shall transfer directl y from the contractor to the End User .
(o ver)
Attachment 2
ARTICLE 6: PAYMENTS
H-GAC will confirm each order and issue notice to contractor to proceed . Upon delivery of goods or services purchased, and
presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H-GAC's
contractor the full amount of the invoice . All payments for goods or services will be made from current revenues available to the paying
party. In no event shall H-GAC have any frnancialliability to the End User for any goods or services End User procures from an H-
GAC contractor.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alternations, additions, or
deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically
incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or
regulation.
H-GAC reserves the right to make changes in the scope of products and services offered through the H-GAC Cooperative Purchasing
Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
H-GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to
this Contract. The obligations of the End User, including its obligation to pay H-GAC's contractor for all costs incurred under this
Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until
perfonned or discharged by the End User.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not
affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of
any obligation or duty placed on such party by reason of or through strikes, stoppage oflabor, riot, fire, flood, acts of war, insurrection,
accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or
nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform is
removed ; provided, however, force majeure shall not excuse an obligation solely to pay funds . Determination of force majeure shall
rest solely with H-GAC.
ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules ofthe State of purchase .
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS:
* Houston-Galveston Area Council
Name of End User (local government, agency, or non-profit corporation) 3555 Timmons Lane, Suite 120, Houston , TX 77027
*
Mailing Address
*
City
*By:
Signature of chief elected or appointed official
*
Typed Name & Title of Signatory
State
By : ___________________ _
Executive Director
ZIP Code
Date : ___________________ _
A nest : __________________ _
Manager
Date Date :-------------------
*Denotes required fields
rev . 7/07
*Request for Information
To expedite se n·ict:, please complc t<' the fo ll owing hlanks relevant to your agency '~ administ rative/ele ctive
pcrsonnd and rclurn the complctc:d rorm to H-GAC. Cooperative Purchas iug Progr·am. P.O. Box 22777,
J loustou. TX 77227-2777 .
N<imc of End User Agency: C.·, -h a\ L \-.E.LJ R"\d c County Name:~£..:...·\="-\~~·~C:·\:1.
. (, unicipality I County I Dr trict I etc.)
Mailing Address: 7 Sc () l _j . -2 Cj-\ h 11 ·../e.., t. ... • )-E C.,l K~ c\y : I c 0 3oo 3 3 -~o('. \
(Street Address/F. 0. Box) (City) (State) (ZIP Co de)
Main Telephone Number: ( ~.S ).:<.3Y -:5"9c-c FAX Number: ( 3..:::3 ) 23 t./-.5'LJ.t./
Physical Address:....,-.:-~---:-~~-~--~-~~~--=~~--~-~---==--=-~-
(Street Address, if different from mailing address) (City) (State) (ZIP Code)
Web Site Address:_.....::;l..J=.;.t.. ..... .;;.' .;;;;u..l;;...' ·;_,;;.c.__~~· _w_\'-.;..;€..f.=·-\:-~'...:.\..;;..A..;.!so~r-E..;;.;;·o.;..· _c..._o_._L_,..;;~;.._ ___________ _
Authol"izcd Oftich1l: ~e..\r~ !J~"T~I.l i c
(City manager I Executive Director I etc.)
Mailing Address: 751::-0 L ~ • .;;., '1 + h A-JL
(Stree t Address!P. 0. Box)
(_1 L
(City) (State)
Official Contact: 0~ ,,~\~-. JeJ\\ "':::.
(Purchasing Agent/A uditor etc.)
Mailing Address: ·7 "S'D c L0. 61.. l\-1 L\. A v' e.
(Street Address!P. 0. Box)
(ZIP Code)
L'--~\Rt>.-l ?.-~A()L c ( ~CI(I3$-8C·C (
(City) (Sta te) (ZIP Code)
Official Contact: ~c-.t~\ c....\z . G-c..-\1;'
(Public Works Director/Police Chief etc.)
Mailing Address: '7'5('." l~· ,;zci~ k A i e.-
(Street Address/P. 0. Box)
LJ i.\Q.{J NA-~ C-o s oo 5 s-8LICJ 1
(City) · (State) (ZIP Code)
Official Contact: -----------------------------(EMS Director/Fire Chief etc.)
Mailing Address: ----------------------
(Street Address/P . 0. Box)
(City) (Sta te) (ZIP Code)
Title: M~yc ~ --'
Ph No.: ( 3o 3 ) 23'S""-...2'8 cf:)
Fx No.: ( ) ----:--.-------
E-Mail Address:J-LAI~tl\I;l@.r-\. ~.)ko;,\~,c:l~)e..
Title: \'J'-"-c-c...~v-. .. s~,~,j /\<)~~-~ \·
Ph No.: ( 3o 3 ) ...:.2. ;S "5 -,;<, ~ 1 \
FxNo.: (3 c :-s ) o2.3Y -S'cL~L}
c c . (..l '::,
Email Address: J 1\ e...\\~ s @ (., ~ ' L~ k.t.c.:\ '~ clj ~ I
Cc .ti...S
Title: C ·,-\t.J N\a....()a. .. n e.s.-
' '0 Ph No.: e sc.-3.) .::<~:s=-.;2_ ~ D~
FxNo.:( ) __ ..,...,..... ____ _
Email Address : pj ~··~~-(9) c._~ . ..::, \\Uli ",u~.
<:. o .L'-~
Title:-------------
Ph No.:( ) ______ _
FxNo.:( ) ______ _
Email Address: ------------------
~ " ,
..... _ r-City of •
JP'WheatR!_dge
ITEM NO:~
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 06-2012 -AN ORDINANCE AMENDING
THE WHEAT RIDGE CODE OF LAWS, CHAPTER 2, SECTION
2-53 (b) REGARDING MEMBERSIDP OF BOARDS AND
COMMISSIONS AND SECTION 2-53 (f) CONCERNING THE
ADMINISTERING OF OATHS TO BOARD AND COMMISSION
MEMBERS
D PUBLIC HEARING
D BIDS /MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
,?17 , "'~"' L.l; ... /
City Attorney
ISSUE:
[8J ORDINANCES FOR 1sT READING 5114/2012
0 ORDINANCES FOR 2N° READING 6/11 /2012
D YES
City Manager
City Code Sec. 2-53 (b) provides that each City board or commission shall have eight (8)
members; however, the Council has previously determined that some boards or commission
function properly with a lesser number of members. Code Sec. 2-53(t) provides that oaths of
office for appointed board and commission members shall be administered by the Mayor at a
regular meeting of the Council. This approach does not provide for flexibility in the
administration of oaths. The attached ordinance: (1) amends Code Sec. 2-53(b) to reflect the
Council's right to provide for a board of commission with less or more than 8 members, and (2)
amends Code Sec. 2-53(t) to permit the Mayor or his designee to administer oaths either at a
regular Council meeting or in the office of the City Clerk.
PRIOR ACTION:
At its study session on April 161h, Council directed staffto draft tllis ordinance.
Council Action Form
May 14,2012
Page2
....... . ...
FINANCIAL IMPACT:
There is no direct financial impact from this ordinance.
BACKGROUND:
Currently, Code Sec. 2-53 (b) provides that each City board or commission shall have eight (8)
members; however, recently, the Council determined that the Building Code Advisory Board
would function properly with only five (5) members. The proposed amendment recognizes that
Council may designate a different number by ordinance. With this change, a slight modification
is also needed to clarify what number of members constitutes a quorum. Presently, subsection
(b) states that five (5) members shall constitute a quorum. This is correct for all eight-member
(8-member) boards or commissions, but would not be accurate for boards or commissions with a
lesser number of members. (For example, a seven-member [7-member] board would only require
the presence of four [ 4] members to establish a quorum).
Code Sec. 2-53 (f) provides that the Mayor shall administer the oath of office for all appointed
board and commission members at a regular meeting of the Council. This practice has not been
uniformly followed in the past, and it would be burdensome to require board and commission
members to attend an extra meeting simply for the purpose of being sworn in to office. The
ordinance revises this subsection (f) to provide for the flexibility that the Mayor or his designee
may administer oaths and that this action can be taken either at a regularly scheduled Council
meeting or in the office of the City Clerk.
RECOMMENDATIONS:
City staff recommends adoption ofthis ordinance.
RECOMMENDED MOTION:
"I move to approve Council Bill No. 06-2012, an ordinance amending the Wheat Ridge Code of
Laws regarding membership of boards and commissions and the administering of oaths to those
members, on first reading, order it published and set for a public hearing on June II , 2012 at
7:00p.m. in City Council Chambers."
Or,
"I move to table indefinitely Council Bill No. 06-2012, an ordinance amending the Wheat Ridge
Code of Laws regarding membership of boards and commissions and the administering of oaths
to those members, for the following reason(s) "
REPORT PREPARED BY:
Gerald E. Dahl, City Attorney
Bruce Roome, Deputy City Clerk
ATTACHMENTS:
1. Council Bill No. 06-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. 06
Ordinance No. ___ _
Series 2012
TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS,
CHAPTER 2, SECTION 2-53 (b) REGARDING MEMBERSHIP OF
BOARDS AND COMMISSIONS AND SECTION 2-53 (f)
CONCERNING THE ADMINISTERING OF OATHS TO BOARD AND
COMMISSION MEMBERS
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 previously exercised these powers by the adoption
of Chapter 2, Article Ill of the Wheat Ridge Code of Laws ("Code") concerning City
boards and commissions; and
WHEREAS, Code Sec. 2-53 (b) specifically provides that there shall be eight (8)
regular members on all City boards and commission; and
WHEREAS, the Council has determined that particular boards or commissions
may function properly with less than eight (8) members; and
WHEREAS, Code Sec. 2-53 (f) specifically provides that upon appointment to a
City board or commission, the appointee shall take an oath of office administered by the
Mayor at a regularly scheduled Council meeting; and
WHEREAS, to provide for greater flexibility, the Council has determined that it is
beneficial for the Mayor or his designee to be permitted to give such oaths either at a
regularly scheduled Council meeting or in the office of the City Clerk.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Code Sec. 2-53 (b) is hereby amended as follows:
All boards and commissions shall consist of eight (8) regular members,
UNLESS A DIFFERENT NUMBER IS PROVIDED BY ORDINANCE, to be
appointed by a majority vote of the members of the city council. Regular
members of all boards and commissions shall have equal voting strength
of their respective board or commission, and shall be authorized to attend,
participate in, and vote at their respective board or commission meetings.
The attendance of A MAJORITY OF THE MEMBERS OF THE BOARD
OR COMMISSION fi'le (5) regular members shall constitute a quorum ef
FOR the transaction of business at each meeting of such boards and
Attachment 1
comm1ss1ons , and , except as provided herein in subsection (d), the
affirmative vote of a simple majority OF THE MEMBERS PRESENT shall
be requ ired to adopt any motion or make or ratify any decision of the
board or commission .
Section 2. Code Sec. 2-53 (f) is hereby amended as follows:
Upon appointment to a city board or commission , the member shall be
provided a packet of materials prepared by the department which works
with that board or commission, to enable the member to better carry out his
function and duties. The materials shall include , without limitation , copies
of the rules or bylaws of the board or commission, all relevant ordinances
and/or charter provisions , and any other materials deemed relevant by staff
or city council. Upon assum ing his place as a member of a board or
commission , each member shall take an oath , administered by the mayor
OR HIS DESIGNEE at a regularly scheduled council meeting OR IN THE
OFFICE OF THE CITY CLERK, thereby swearing or affirming to uphold the
Constitution of the United States and the state , and the charter and
ordinances of the city.
Section 3. 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 w ith the
provisions of this Ordinance are hereby repealed .
Section 4. 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 _ to _
on th is 14th day of May, 2012 , orde red 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 , 2012 at 7 :00 p .m., in the Council Chambe rs ,
7500 West 291h 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 __ d ay of _____ , 2012.
Je rry D iTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
First Publication :
Second Publication:
Wheat Ridge Transcript
Effective Date :
Approved as to Form
Gerald E. Dahl , City Attorney
,. ~ ,(
~ ~ City of
JP'WheatRL_dge
ITEM NO:~
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: COUNCIL BILL NO. 04-2012 -AN ORDINANCE AMENDING
SECTION 11-53(b) OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING APPLICATION OF THE STATE LIQUOR
LAWS WITHIN THE CITY
0 PUBLIC HEARING
D BIDS/MOTIONS
0 RESOLUTIONS
QUASI-JUDICIAL:
~---:>
" I ,
"/'
/ '·/ L.,; /
City Attorney
ISSUE:
~ ORDINANCES FOR 1sT READING 05/14/2012
D ORDINANCES FOR 2 DREADING 06/11 /2012
D YES
City Manager
A provision of the Colorado Liquor Code, C.R.S. § § 12-4 7-101 et seq., prevents local
governments from issuing liquor licenses to establishments that are located within 500 feet of
any public or private school, university , college campus or seminary unless a local government
eliminates or reduces that distance requirement by ordinance.
There are redevelopment sites in the City that fall within 500 feet of a public school. Some of
those redevelopment sites are planned to accommodate multi-use zoning. Recently , the City
Clerk's office received inquiries for liquor licenses on the 38 1h Avenue corridor that are within
500 feet ofWheat Ridge 5-8 School. If the default 500-foot limitation remains in effect within
the City, those redevelopment sites will be unable to accommodate the businesses.
PRIOR ACTION:
In October 2010 City Council approved Council Bill 17-2010 which dropped the 500-foot rule
for hotel & restaurant licenses only.
FINANCIAL IMPACT:
There is no direct financial impact from this ordinance.
Council Action Form
May 14,2012
Page2
BACKGROUND:
The provision of the Colorado Liquor Code at issue is C.R.S . § 12-47-313(1 )(d) which states:
(1) No application for the issuance of any license specified in section 12-47-
309 (1) or 12-46-107 (1) shall be received or acted upon:
(d)(l) If the building in which the malt, vinous, or spirituous liquor is to be
sold is located within five hundred feet of any public or parochial school or
the principal campus of any college, university, or seminary; except this
provision shall not affect the renewal or reissuance of a license once granted
or apply to licensed premises located or to be located on land owned by a
municipality, or apply to an existing licensed premises on land owned by
the state, or apply to a liquor license in effect and actively doing business
before said principal campus was constructed, or apply to any club located
within the principal campus of any college, university, or seminary that
limits its membership to the faculty or staff of such institution·
(II) The distances referred to in subparagraph (I) of this paragraph (d) are to
be computed by direct measurement from the nearest property line of the
land used for school purposes to the nearest portion of the building in which
liquor is to be sold , using a route of direct pedestrian access.
(III) The local licensing authority of any city and county, by rule or
regulation , the governing body of any other municipality, by ordinance, and
the governing body of any other county, by resolution, may eliminate or
reduce the distance restrictions imposed by this paragraph (d) for any class
of license, or may eliminate one or more types of schools or campuses from
the application of any distance restriction established by or pursuant to this
paragraph (d).
(IV) In addition to the requirements of section 12-47-312 (2), the local
licensing authority shall consider the evidence and make a specific finding
of fact as to whether the building in which the liquor is to be sold is located
within any distance restrictions established by or pursuant to this section.
This finding shall be subject to judicial review pursuant to section 12-47-
802.
Pursuant to C.R.S. § 12-47-313(1)(d)(I), no liquor licensed premises may be located within 500
feet of a public or private school , university, college campus or seminary. In the City, there are a
few redevelopment locations that fall within 500 feet of a school. Thus, under C.R.S. § 12-47-
313(1)(d)(l), none of those locations could house a liquor licensed establishment with the
exception of one with a hotel & restaurant license. As a reference, the following are a few of the
City's redevelopment locations that are impacted by this limitation and the nearest school:
Council Action Form
May 14, 2012
Page 3
Location
38th Avenue and High Court
44111 Avenue and Wadsworth Boulevard
441h Avenue and Kipling Street
39th A venue and Kipling Street
School
Wheat Ridge Middle School
Wilmore-Davis
Pennington Elementary School
Everett Middle School
However, pursuant to C.R.S. § 12-47-313(1 )(d)(III), the City Council, by ordinance, may limit
the 500-foot rule in C.R.S. § 12-47-313(1)(d)(I) as it applies to any class oflicense, any type of
school or some combination thereof. The City Council, by ordinance, may also modify the rule
by reducing the distance in its application to a class of license or type of school.
At a study session in April , the City Council requested staff to draft an ordinance eliminating the
500-foot rule in C.R .S. § 12-47-313(1)(d)(I) including more classes oflicenses to allow
additional business opportunities in the City. Through the attached ordinance, the City is only
seeking to eliminate the 500-foot distance limitation as it applies to all beer and wine licenses,
brew pub licenses, arts licenses, and vintner's restaurant licenses that are licensed premises
within the City.
RECOMMENDATIONS:
City staff recommends adoption of tllis ordinance.
RECOMMENDED MOTJON:
"I move to approve Council Bill No. 04-2012 , an ordinance amending Section 11-53(b) of the
Wheat Ridge Code of Laws concerning application of the state liquor Jaws , on first reading,
order it published and set for a public hearing on June 11 , 2012 at 7:00 p.m. in City Council
Chambers, and that it takes effect immediately."
Or,
"I move to table indefinitely Council Bill No. 04-2012, an ordinance amending Section 11-53(b)
of the Wheat Ridge Code of Laws concerning application of the state liquor Jaws or the
following reason(s) "
REPORT PREPARED BY:
Gerald E. Dahl , City Attorney
Bruce Roome, Deputy City Clerk
ATTACHMENTS:
1. Council Bill No. 04-2012
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER ___ _
Council Bill No. 04
Ordinance No. ----Series 2012
TITLE: AN ORDINANCE AMENDING SECTION 11-53(b) OF THE
WHEAT RIDGE CODE OF LAWS CONCERNING APPLICATION
OF THE STATE LIQUOR LAWS WITHIN THE CITY
WHEREAS, the City of Wheat Ridge ("City") is a home rule municipality having
all powers conferred by Article XX of the Colorado Constitution; and
WHEREAS, the City Council ("Council") has exercised these powers by the
adoption of Article Ill of Chapter 11 of the Wheat Ridge Code of Laws concerning
alcoholic beverages; and
WHEREAS, pursuant to that article and the provisions in the Colorado Liquor
Code, Section 12-47-101 et seq., C.R.S ., the City issues licenses to businesses seeking
to sell malt, vinous, or spirituous liquors; and
WHEREAS, pursuant to Section 12-47-313(1 )(d)(l), C.R.S., all classes of liquor
licensed premises within the City must be at least "five hundred feet from any public or
parochial school or the principal campus of any college, university, or seminary;" and
WHEREAS, pursuant to Section 12-47-313(1 )(d)(lll), C.R.S., Council is
authorized to reduce or eliminate that distance limitation for any and all classes of
licenses; and
WHEREAS, Council wishes to eliminate the five hundred foot distance
requirement in Section 12-47-313(1 )(d)(l), C.R.S., for all beer and wine licenses, brew
pub licenses, arts licenses, and vintner's restaurant licenses that are licensed premises
within the City.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WHEAT RIDGE, COLORADO:
Section 1. Section 11-53(b) of the Wheat Ridge Code of Laws is amended to read
as follows:
(b) Notwithstanding the provisions in subsection (a) to the contrary, the distance
restrictions impos.ed by Section 12-47-313(1)(d)(l), C.R.S ., prohibiting the sale of
malt, vinous or spirituous liquor within five hundred (500) feet of any public or
parochial school or the principal campus of any college, university or seminary,
are eliminated for all hotel and restaurant licenses , BEER AND WINE
LICENSES, BREW PUB LICENSES, ARTS LICENSES, AND VINTNER'S
RESTAURANT LICENSES issued pursuant to this article.
Attachment 1
Section 2. Severability, Conflicting Ordinances Repealed. If any section,
subsection or clause of this Ordinance shall be deemed to be unconstitutiona l 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 3. Effective Date. This Ordinance shall take effect upon adoption and
signature of the Mayor as provided by Section 5 .11 of the Charter.
INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to _
on this __ day of , 2012, ordered published in full in a newspaper of
general circulation in the City of Wheat Ridge , and Public Hearing and consideration on
f inal passage set for Monday, June 11, 2012 at 7:00 p.m., in the Council Chambers ,
7500 West 291h Avenue , Wheat Ridge , Colorado.
READ, ADOPTED AND ORDERED PUBLISHED on second and fina l 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 :
Second Publication :
Wheat Ridge Transcript
Effective Date:
Jerry DiTullio , Mayor
Approved as to Form
Gerald E. Dahl , City Attorney
.. ~·" .... ~ "' City of •
:rwheat_R@ge
ITEM NO: _!L_
DATE: May 14,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 24-2012-A RESOLUTION APPROVING
THE ESTABLISHMENT OF A BUSINESS DEVELOPMENT
ZONE ENCOMPASSING THE ENTIRE CITY OF WHEAT
RIDGE
0 PUBLIC HEARING
D BIDS/MOTIONS
~ RESOLUTIONS
City Manager
ISSUE:
D ORDINANCES FOR 1ST READING (mm/dd/yyyy)
0 ORDINANCES FOR 2ND READING (mrnldd/yyyy)
D YES ~ NO
Since its inception, the Business Development Zone (BDZ) program has been used on a limited
and inconsistent basis. Recently, staff has received inquiries from existing and new businesses
about inclusion into BDZ districts. At the April 16, 2012 Study Session, staff asked Council for
guidance on the implementation of the BDZ progran1 and a consensus was reached to create a
BDZ district encompassing the entire City of Wheat Ridge and to target
BACKGROUND:
City Council established a Business Development Zone (BDZ) program in 1992 to provide
incentives for private enterprises to expand and for new businesses to locate in the City. The
incentives include the abatement of certain categories of fees, taxes and other business
development-related charges for new development or redevelopment within BDZ districts.
Currently, participation in the BDZ program is open to any owner or proprietor of an established ,
proposed or newly purchased business, or the owner or proprietor of an existing business which
wishes to expand.
The intent of the Business Development Zone (BDZ) program is to reduce blight in the City's
business districts and to provide the City with increased sales and use tax revenues generated by
properties that are improved as a result of the prograrn. It also allows owners and proprietors the
opportunity to improve their properties , which generates sales activities, making those properties
V :\Forms\CAFtempl ate
Council Action Form
May 14 ,2012
Page 2 • . .
more competitive in the marketplace and providing owners and proprietors with additional
contingent sources of revenues for upgrading such properties.
The BDZ program is an important economic development tool to increase opportunities for sales
tax and job creating businesses to locate or expand in Wheat Ridge. Sales leakage infonnation
indicates that Wheat Ridge residents purchase furniture, clothing, building materials and garden
equipment/supplies and visit food and drinking establishments in areas outside of Wheat Ridge.
These industries present potential future retail opportunities in Wheat Ridge. In addition, Wheat
Ridge's increase in jobs has been slower than most communities in Jefferson County. The high
quality oflife, general affordability, and convenient location are all positive attributes unique to
Wheat Ridge. The City can leverage these attributes along with economic development
incentives to attract primary employers to Wheat Ridge.
Council has used the BDZ program twice since its inception in 1992. In 201 0, a BDZ was
formed for the Seniors' Resource Center (SRC) at 3227 Chase Street. SRC received a 100%
rebate of the eligible fees, charges and taxes including use tax , building permit fees and plan
review fees totaling $102,279 for the expansion and redevelopment of the SRC facility. Staff's
justification for recommending approval of the BDZ was based on the public improvements to
this area of the City, the increase in senior services provided to the community and the expected
incremental future tax revenue from potential sales tax revenue generated by workers on the site
during construction and staff and visitors to the SRC. The SRC also had at the time of
application not finished their fundraising efforts for the project, so they were able to demonstrate
a financial need for the rebates.
The second use of the BDZ program was in 2011. Relocating from Lakewood to Wheat Ridge,
Reglera provided over $600,000 in tenant improvements and transferred over 45 primary jobs to
a facility at 11925 West 1-70 Frontage Road. Reglera anticipates a future expansion of over
$2,000,000 and staff recommended fonnation of a BDZ based on jobs, use tax generation , and
additional sales tax revenues during construction. Reglera received a 50% rebate of eligible fees,
charges and taxes totaling $40,500.
RECOMMENDATION
I . Staff recommends that City Council adopts this resolution to establish a BDZ throughout the
entire city and that the following industries will receive preference by City Council for
consideration of a BDZ Agreement :
a. Niche and Specialty retail -gardening, landscaping, and produce retailers ; outdoor
lifestyle and recreation retailers; full service, sit-down restaurants; furniture, hardware
and clothing stores
b. Primary employers -medical-related facilities and supporting services to complement
the Exempla Lutheran hospital , and c1ean energy and biotechnology companies to
locate in the Clear Creek Crossing or TOD area.
By creating a BDZ for the entire City, the process of accepting application and approving
individual BDZ agreements within the City can speed up the process for approval by
Council Action Forn1
May 14 , 2012
Page 3
approximately 60-days thus providing more assurance to a prospective business of acceptance
into the program.
RECOMMENDED MOTION:
"I move to adopt Resolution No. 24-2012, a resolution designating the entire City of Wheat
Ridge as a Business Development Zone pursuant to Code Section 22 , Division 5."
Or,
"I move to deny Resolution No. 24-2012, a resolution creating a Business Development Zone
for the entire City of Wheat Ridge for the following reason(s) "
REPORT PREPARED BY:
Steve Art, Economic Development/Urban Renewal Manager
Patrick Goff, City Manager
ATTACHMENTS:
1. Wheat Ridge Code of Laws: Division 5 . Business Development Zone
2. Resolution No. 24-2012
Division 5. Business Development Zone of the Wheat Ridge Code of Laws
Sec. 22-85. -Program established.
There is hereby established within the city the "Wheat Ridge Business
Development Zone" program.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-86. -Legislative declarations.
(a)
(b)
(c)
The city council of the city hereby finds and declares:
(1)
(2)
(3)
That the health , safety and welfare of the people of this city are in large
part dependent upon the continued encouragement, development and
expansion of opportunities for employment in the private sector in this
city;
That there currently exists in this city businesses or vacant land which
require new development or revitalization opportunities to overcome
conditions ofunemployment, underemployment, net out-migration of the
population, diminution of tax revenues, chronic economic distress and
blighting influences such as , but not limited to , deterioration ofbusiness
districts , deterioration of public infrastructures , traffic and drainage
problems or sudden severe economic dislocations;
That by creating new development, redevelopment or expansion
opportunities for businesses within the city the city council will increase
the likelihood that new and improved businesses will generate more
municipal sales and use tax revenues for the city in the future.
It is therefore declared to be the policy of the city, in order to provide incentives
for private enterprises to expand or for new businesses to locate in the city, to
develop a program which empowers the city council to designate portions of the
city as a "business development zone" and to provide for the abatement of certain
categories of fees , taxes and other business development-related charges for new
development or redevelopment within such districts.
The city council has enacted this division 5 of article I of chapter 22 of the Code
of Laws as a joint benefit to the public at large and to private owners for the
purposes of reducing blight in our business districts and of providing the city with
increased sales and use tax revenues generated upon and by properties improved
Attachment 1
(d)
as a result of this program and allowing owners and proprietors opportunities to
improve properties which generate sales activities, which improvements make
those properties more competitive in the marketplace and further provide to
owners and proprietors additional contingent sources of revenues for ungrading
such properties.
The city council specifically finds and detennines that creation of this "business
development zone" division and the exercise of the powers enumerated herein are
consistent with and promotes the public health, safety and general welfare of the
citizens of Wheat Ridge.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1993-947, § 1. 12-13-93; Ord. No. 1272, §I. 12-
9-02)
Sec. 22-87. -Defmitions.
As used in this division, the following phrases shall have the following meanings
unless the context clearly indicates another meaning:
(1)
(2)
(3)
(4)
The phrase eligible city fees, charges and taxes shall mean and shall be
limited to use tax on furniture and fixtures associated with the initial
development or redevelopment "project," use tax on building materials,
building permit fees and zoning fees.
The phrase expected incremental future sales and use tax revenue shall
mean the amount of the additional sales and use tax revenue, as projected
by the city, expected to be generated during the council-designated time
period from the time of completion of the "project" over and above the
sales and use tax fees generated on the premises in the twelve (12) months
preceding the application described in section 22-88
The phrase owner or proprietor shall mean the record owner, tenant or
operator of an individual business or, in the case of a shopping center, the
owner of the real property upon which more than one business is operated.
Project shall mean the specific development or redevelopment
expenditures which relate both to the abatement of "eligible city fees,
charges, and taxes" and "expected incremental future sales and use tax
revenues."
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-88. -Participation.
Participation in the business development zone program shall be based upon
approval by the city council, exercising its legislative discretion in good faith. Any owner
or proprietor of an established, proposed or newly purchased business, or the owner or
proprietor of an existing business which wishes to expand, may apply to the city for
inclusion within the program. Abatement or sharing of eligible city fees, charges, and
taxes shall, upon approval of the application by the city council, be granted up to the
amount of expected incremental future sales and use tax revenue to be generated by the
project during the agreed to time period.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-89.-Approval of agreement; use of funds generally.
Approval by the city council of an agreement implementing the provisions of this
division shall entitle the applicant to share in the eligible city fees, charges and taxes up
to the amount agreed by the city council; provided, however, that applicant may use such
amounts only for the purpose of developing or redeveloping the business within the
approved business development zone, which purposes shall be specifically enumerated in
the agreement provided for in section 22-94 hereof.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-90. -Uses enumerated.
The uses to which the eligible city fees, charges and taxes may be put by an
applicant shall be strictly limited to those which are approved by the city council and
relate directly to the development or redevelopment of businesses within the city, which
developed or redeveloped businesses will generate more municipal sales and use tax
revenues for the city in the future. Priority shall be given to all businesses which make
application for inclusion within this program and who agree to utilize the eligible city
fees, charges and taxes for the public or public-related purposes identified section 22-78
of this Code of Laws.
(Ord. No. 888, § 1, 1-1 3-92; Ord. No. 1272, §I, 12-9-02)
Sec. 22-91. -Increments, sharing of funds.
The base figure for eligible city fees, charges and taxes shall be divided into
twelve (12) monthly increments, which increments are subject to agreement between the
parties and approved by the city council, and which increments shall be reasonably
related to the amount of sales and use taxes generated on the premises in the twelve (I 2)
months preceding the application received by the city for participation in this program.
The accounting and payment provisions of sections 22-79 and 22-80 hereof are hereby
declared to be applicable to any application approved hereunder.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1272, § 1, 12-9-02)
Sec. 22-92. -Capital improvement fund.
The one (I) percent of use taxes earmarked for the capital improvement fund may
be utilized in this business development zone program for public improvements so long
as the same are within the meaning of the phrase capital improvements as defined in the
voter-approved sales tax referendum previously held within the city, and provided the
public improvements are found and detennined by the city council to be capital
improvements which could be provided by the city from the capital improvement fund
but for the provision of such improvements by the applicant.
(Ord. No. 888, § 1, 1-13-92,· Ord. No. 1272, § 1, 12-9-02)
Sec. 22-93. -Criteria for approval of application.
(a)
(b)
(c)
Approval of an application for inclusion in this business development zone
program shall be given by the city council at a public hearing held as a portion of
a regularly scheduled city council meeting based upon the following criteria:
(I)
(2)
(3)
(4)
(5)
The amount of expected incremental future sales and use tax revenue
which [can] reasonably be anticipated to be derived by the city through the
expanded or new tax generating business;
The public benefits w hich are provided by the applicant through public
works, public improvements, additional employment for city residents,
etc.;
The amount, if any, of city expenditures which may be deferred based
upon public improvements to be completed by the applicant;
The conformance of the applicant's property or project with the
comprehensive plan and zoning ordinances of the city;
The agreement required by section 22-94 hereof having been reached ,
which agreement shall contain and conform to all of th e requirements of
such section.
Approval of any application shall be made by motion adopted by a majority of the
entire city council.
The city council may by three-fourths C%) majority vote approve exceptions to the
provisions of this di vision when such exceptions are found to be in the public's
interest and such exceptions provide substantial benefit to the city.
(Ord. No. 888, § 1, 1-13-92; Ord. No. 1993-947, § 2, 12-13-93; Ord. No. 1272, § 1, 12-
9-02)
Sec. 22-94. -Agreement required.
Each application for approval to the city council shall be subject to approval by
the council solely on its own merits. Approval of one application shall not require, or be
deemed precedent for, approval of any other application. Approval of an application shall
require that an agreement be executed by the owner and the city, which agreement shall ,
at a minimum contain:
(1)
(2)
(3)
(4)
(5)
(6)
A Jist of those public or public-related improvements which justify
applicant's approval , and the amount which shall be spend on such
improvements;
The maximum amount of expected incremental future sales and use tax
revenue and the maximum time during which the agreement shall
continue, it being expressly understood that any such agreement shall
expire and be of no further force and effect upon the occurrence ofthe
earlier to be reached of the maximum time of the agreement (whether or
not the maximum amount to be shared has been reached) or the maximum
amount to be shared (whether or not the maximum time set forth has
expired);
A statement that this is a personal agreement which is not transferable and
which does not run with the land;
That this agreement shall never constitute a debt or obligation of the city
within any constitutional or statutory provision;
The base amount which is agreed upon by month, and the fact that if, in
any month as specified , expected incremental future sales and use tax
revenue received from the property does not at least equal such amount ,
that there shall be no sharing of funds for such month;
The base amount shall be agreed upon, which shall consider the use taxes
generated by the property in question , or a similar property within the city
in the event of a new business ;
(7)
(8)
(9)
A provision that any expected incremental future sales and use tax revenue
shall be escrowed in the event there is a legal challenge to this business
development zone program;
An affirmative statement that the obligations , benefits and/or provisions of
this agreement may not be assigned in whole or in any part without the
expressed authorization of the city council , and fwiher that no third party
shall be entitled to rely upon or enforce any provision hereof;
Any other provisions agreed upon by the parties and approved by the city
council.
(Ord. No . 888, § 1, 1-13-92; Ord. No. 12 72 , § 1, 12-9-02)
Sec. 22-95.-Joint venture liability.
The city council has enacted this business development zone as a joint benefit to
the public at large and to private owners for the purposes of providing the city with
increased tax revenues generated upon and by properties improved as a result of this
program ; public improvements being completed by pri vate owners through no debt
obligation being incurred on the part of the city, and allowing applicants an opportunity
to improve properties which generate sales and other business activities . The city council
specifically finds and determines that creation of this business development zone is
consistent with the city's powers as a home rule municipal corporation , and that exercise
of such powers in the manner set forth herein is in furtherance of the public health , safety
and welfare. Notwithstanding any provision hereof, the city shall never be a joint venture
in any private entity or activity which participates in this business development zone
program , and the city shall never be liable or respon s ible for any debt or obligation of any
participant in this business development zone.
(Ord. No. 888, § 1, 1-13-92; Ord. No . 1272, §I , 12-9-02)
Sec. 22-96. -ESTIP and TIF.
If the applicant, owner or proprietor participates in the city's Enhanced Sales Tax
Incentive Program ("ESTIP") or if the owner's or proprietor's business is located in an
urban renewal area in which all or a portion of sales tax revenues have been pledged as
part of a tax increment financing program , he or she shall be ineligible for participation in
this business development zone program .
(Ord. No. 888 , § 1, 1-13-92 ; Ord . No. 1272 , § 1, 12-9-02)
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 24
Series of 2012
TITLE: A RESOLUTION ESTABLISHING A BUSINESS DEVELOPMENT
ZONE THROUGHOUT THE CITY OF WHEAT RIDGE AS PER
CODE OF LAWS CHAPTER 22, ARTICLE 1, DIVISION 5
WHEREAS, pursuant to Wheat Ridge Code of Laws, Chapter 22, Article I,
Division 5, City Council may establish Business Development Zones (BDZ) to improve
business development and redevelopment for the purpose of increasing sales and use
tax revenue to the City; and
WHEREAS, City Council has deemed it necessary to provide an increased
incentive to attract, expand and develop business throughout the City; and
WHEREAS, the City of Wheat Ridge economic development strategic plan
identifies the need to create incentives to increase business development; and
WHEREAS, the City's Economic Development Division under the guidance of
the City Manager will use the BDZ to target businesses that will enhance the City's
sales and use tax base and create new jobs to include, but not be limited to, the
following:
a. Niche and Specialty retail -gardening, landscaping, and produce retailers;
outdoor lifestyle and recreation retailers; full service, sit-down restaurants;
furniture, hardware and clothing stores
b. Primary employers -medical-related facilities and supporting services to
complement the Exempla Lutheran hospital, and clean energy and
biotechnology companies to locate in the Clear Creek Crossing or TOO area
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows:
A. The City of Wheat Ridge City Council hereby establishes the entire incorporated
City of Wheat Ridge be designated as a Business Development Zone for the
purpose of increasing sales and use tax and driving the development of targeted
business and industry for the City.
B. City Council, in their sole discretion, shall consider applications for BDZ Program
participation based upon compliance with requirements set forth under Wheat
Ridge Code of Laws, Article I, Division 5.
Attachment 2
DONE AND RESOLVED this 141h day of May 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
.. ~ '# ... _ .-City of
?WheatR!_dge
ITEM NO:~
DATE: May 14 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO APPROVE THE WRITTEN FINDINGS AND
DECISION IN CASE NO. SUP-12-01 WELLSPRING BIBLE
CHURCH AND DENY THE APPLICATION FOR A SPECIAL
USE PERMIT AT 3010 NEWLAND STREET
D PUBLIC HEARING
IZI BIDS /MOTIONS
D RESOLUTIONS
QUASI-JUDICIAL:
City Attorney
ISSUE:
D ORDINANCES FOR 1ST READING (mm/dd/yyyy)
0 ORDINANCES FOR 2ND READING (mm/dd/yyyy)
D YES
Consideration of written findings and decision denying application by Wellspring Bible Church
for a special use permit in an R -1 zone.
PRIOR ACTION:
On April 23, 2012 the Council heard the application of the Wellspring Bible Church requesting a
special use permit for a charter school as an assessory use. Following the hearing the Council
voted to deny the application and to direct the City Attomey to prepare written findings and
decision for its consideration at the next Council meeting. The requested findings and decision is
attached.
FINANCIAL IMPACT:
None
BACKGROUND:
The Wellspring Bible Church has applied to open a charter school for Hope Online Learning
Academy-an online based program administered by Douglas County School District. The
primary consideration for the Council is whether the application satisfies the requirements of
Code Section 26-114 for approval of a special use permit. The primary issues to be addressed are
Council Action Form
May 14 ,2012
Page2
' ...
those related to justification of need and special design and operational considerations which
mitigate potential detrimental impacts of a special use on surrounding land uses , the street
system, or public services or facilities. In order to protect the public interest, a special use may
be approved , approved with conditions, or denied.
RECOMMENDATION:
Approve the written findings and decision in Case No. SUP-12-01 as submitted.
RECOMMENDED MOTION:
"I move to approve the written findings and decision in Case No. SUP-12-01 as submitted and
deny the special use permit for 3010 Newland Street."
Or
"I move to reject the written findings and decision in Case No . SUP-12-0 1 for the following
reason(s): "
REPORT PREPARED BY;
Gerald Dahl , City Attomey
ATTACHMENTS:
1. Findings and Decision
CITY COUNCIL
CITY OF WHEAT RIDGE , COLORADO
CASE NO. SUP-12-01 WELLSPRING BIBLE CHURCH
FINDINGS AND DECISION
THIS MA ITER COMES before the Wheat Ridge City Council (the "Council") upon the
application of Wellspring Bible Church (the "Church") for a special use pennit to allow an on-
line public charter school for up to 50 students as an ancillary use to a church in an R-I zone
district located at 30 I 0 Newland Street in Wheat Ridge, Colorado. The Council , having
conducted the required public hearing and being fully advised in the matter, enters the following
Findings and Decision.
I. The application was filed by the Wellspring Bible Church (the "Church") to
request approval of a special use permit for the property located at 30 I 0 Newland Street (the
"Subject Property")
2. The Subject Property is I.2I acres in size and is currently zoned R-I: Residential-
}. The Subject Property contains two structures: a church on the western side and a gymnasium
in the middle of the lot. Parking areas are located on the western and southern portion of the
property; the eastern side is undeveloped.
3. The Church wishes to open a charter school for Hope Online Learning Academy-
an online based program administered by Douglas County School District.
4. The R-1 zone district is a low density zoning category which allows primarily
single family residential development. There are also a variety of recognized ancillary uses such
as the keeping of household pets and special uses in this zone district.
5. Wheat Ridge Code of Laws (the "Code"), Section 26-204 permits special uses in
the R-1 zone district including government buildings with outside storage, bed and breakfast
facilities and churches.
6. As a use ancillary to a church, the Application is one for a special use permit in
the R-1 zone district. Code Section 26-204. The procedure and criteria for review and action by
the City on special use permit applications are contained in Code Section 26-114.
7. Pursuant to Code Section 26-I14-C, a special use pennit is first reviewed
administratively. A I 0-day public notice period runs during which comments may be submitted
in favor of or against the proposal. If relevant objections are received during the notice period ,
the request must be forwarded to the City Council for review. Community Development staff
Attachment 1
-I -
received two letters of objection regarding the request; therefore it was forwarded to the City
Council.
8. The application was heard by the City Council at a public hearing on April 23 ,
2012. Notice of the hearing was properly given as required by Code Section 26-109; the Council
finds it has jurisdiction to hear the case.
9. At the April 23 , 2012 hearing, the City Council accepted the following exhibits
into the hearing record:
• planning staff report
• zoning ordinance
• case file, including application attachments and additional written objections
• digital presentation
• materials presented by the Applicant (described below)
10. The staff presentation was given by Meredith Reckert. Ms . Reckert testified that
the school would be an ancillary use to the existing Church at the property location and that
churches are pe1mitted as special uses in the R-1 zone district. Ms. Reckert testified that the
application is governed by Wheat Ridge Code of Laws Section 26-114, entitled "special uses."
Ms. Reckert further testified that in 2009 a special use permit was requested for a day care
operation at this same location. That application was denied by the City Council. Ms. Reckert
presented a PowerPoint presentation and testified that in the staffs opinion, no traffic or drainage
problems were expected. The church that exists at 3010 Newland Street-lglesia Biblica Manatial
(Wellspring Bible Church)-is a separate entity from the proposed school , but the school proposes
to utilize the existing ground floor classrooms and the gymnasium. The school will be open
enrollment, but many of the prospective students are expected to come from the church's
congregation. The school schedule will be Monday through Friday, from 8:00a.m. to 3:30p.m.
At the begitming and end of the school day, the applicants intend to utilize two vans to transport
students. A large existing off-street parking area will accommodate any additional vehicles
associated with the school. No physical site changes are proposed .
11. The primary witness on behalf of the Church at the public hearing was Angel
Zammaripia. Mr. Zammaripia testified that the Douglas County School District is providing the
curriculwn for the school.
12. In response to questions from the Council Mr. Zammaripia provided the following
additional information:
• The kindergarten students would attend school for only one half day so
accordingly they would need transportation in part separate from the other
students.
• The Douglas County School District through Hope Online is providing $300
per student per month in financin g .
• The employees for the school would be employees of the school , not Douglas
County.
·2·
• Mr. Zrumnaripia expects a school staff of approximately 5 persons .
• In response to a question from Councilmember Starker concerning the
justification of need for the operation, Mr. Zammaripia testified there is a
social need to have additional educational opportunities available for the
students .
• In response to questions from Councilmember Reinhart , Mr. Zrunmaripia
stated that the students would use the gym for recreation and would not be
outdoors during the school day.
• In response to a further question from Councilmember Reinhart regarding
how the bus service would work Mr. Zrumnaripia testified that one half of the
attendees will be picked up within a 5 mile radius of the school and that he
anticipated four trips in the morning and four trips in the afternoon.
13. Mr. Zammaripia further testified the Church had polled 150 homes in a radius
around the Subject Property and that 40 persons had signed in favor of the school. He presented
the signatures for inclusion in the hearing record. He stated that the church has insurance for any
drunages and that it uses parking monitors to make sure attendees park on the church lot.
14. The following additional persons testified during the public hearing:
• Jane Jones , an adjacent landowner at 6417 W. 29th Avenue testified that the
proposal was essentially for a business which was not compatible with the
neighborhood and that the proposed school is not residential in nature. Ms.
Jones testified there would be noise impacts and more traffic impacts in the
neighborhood because of the concentration of traffic brought about by the
school. Ms. Jones testified that the social and scholastic need is undeniable but
should not take place in this neighborhood.
• Michael Cory, of 6417 West 29th A venue testified that the proposed two van
transportation system is not plausible and that additional traffic would be
created by faculty, janitors, lunch workers , and visitors.
• Michael Lutrey testified that the area is a quiet residential neighborhood now.
He opposed the application.
• Erika Harvey of 3002 Lamar Street testified there would be additional traffic
impacts to the neighborhood as result of the proposed school and that she
already sees speeding associated with night activities at the church. Ms.
Harvey testified she is concerned about loitering, property damage and impact
on property values . She testified to her belief that that proximity to a school
decreases residential property values. Regarding noise and traffic she testified
that there are no signs or other indicators to guide the vans in entering and
exiting the parking lot and that there would be additional noise due to traffic
and people.
• Noah Kaufman of6550 W. 30th Avenue testified that he lives across the street
from the church and agrees with the previous speakers.
-3-
• Kay Vincent of 2995 Newland Street testified in support of the application ,
stating that the existing school at 29th & Newland is not a problem for the
neighborhood.
• Kurt and Tammi Snyder of 6530 W. 30th Avenue testified that they live
across the street from the church property and that it has deteriorated in
appearance since Grace Church moved out. The Snyders do not believe that
two vans will be enough transportation for 50 students. They testified that
people drive on their lawn and damage their trees and that traffic is already
too much in the area. Ms. Snyder testified that there is currently no place for
people to walk in the neighborhood .
• Dave Fisher of 2990 Marshall Court testified that the proposed school was not
compatible with the residential neighborhood because of traffic and other
impacts.
• Pam Cobb owns property on Kendall Street. She testified that the school will
inevitably grow because it has open enrollment and that she is concerned
about traffic impacts.
15. The Mayor closed the public hearing and took comments from the Council.
• Councilmember Stites commented this proposal is in the middle of a
residential area and that he is concerned about traffic and noise impacts.
• Councilmember Reinhart stated the prior proposal for a day care at this
location in 2009 had more traffic impacts and that this is less intense in terms
of traffic impact.
• Councilmember Pond stated that the church is a special use but was pre-
existing. The code section was adopted later. The church is a legal
nonconforming use.
• Councilmember Reinhart thinks this school is consistent with the requirement
for compatibility at Code Section 26-114.D.
• Councilmember Stites believes there is always a need for a school but this is a
residential neighborhood and it is not appropriate in that location.
• Councilmember DeMott indicated he believes that five more days of traffic in
this neighborhood is too much. He stated he is concerned about the lack of an
outdoor playground and does not believe this is realistic or fair for a school
operation in this location.
• Councilmember Jay is concerned there is not very much space surrounding
the school buffering it from adjacent residential prope1ties as is more often the
case with the typical public school. She understands and appreciates the
resident-expressed concern with activity around their homes.
16. Code section 26-114.D establishes eight criteria for evaluation of a special use
permit application. The Section requires that the Council base its decision in consideration of the
extent to which the applicant has demonstrated that these criteria be met. Based upon the
testimony and evidence received at the public hearing, the Council makes the following findings
-4 -
with respect to the applicant's compliance, or lack thereof, with requirements of Code Section
26-114.D:
[1.] The special use will not have a detrimental effect upon the general
health, welfare, safety and convenience of persons residing or working in
the neighborhood.
The Council finds this criterion is not met. The general health, welfare,
safety and convenience of persons in the neighborhood would be
negatively impacted by granting of the application, as a result of the
increase in the present level of traffic in the neighborhood.
[2.] The special use will not create or contribute to blight in the
neighborhood by virtue of physical or operational characteristics.
The Council finds this criterion is not met. The Staff Report describes
blight as "a combination of physical , environmental and safety factors."
(Staff Report, p. 7). The Council finds that the increased traffic and
associated air pollution from the expansion of the operations to include
the school would have a blighting influence on the neighborhood.
[3.] The special use will not create adverse impacts greater than allowed
under existing zoning for the property.
The Council finds this criterion is not met. The proposed ancillary use is
similar to a business use, and in light of the area, is an adverse impact
greater than allowed by present R-1 zoning.
[4.] The special use will not result in undue traffic congestion or traffic
hazards, or unsafe parking, loading, service or internal traffic conflicts
to the detriment of persons whether on or off the site.
The Council finds this criterion is not met. There will be additional traffic
with the proposed vans and additional trips by private car are likely, as
there is no guarantee the proposed vans will pick up all of the students,
and there is no requirement that all students use the vans. The Council
finds that the vans will likely also make more trips than proposed to
transport kindergarten students at mid-day.
[5.] The property is appropriately designed, including setbacks, heights,
parking, bulk, buffering, screening and landscaping, so as to be in
harmony and compatible with the character of the surrounding areas
and neighborhood, especially with adjacent properties.
The C ouncil finds this criterion is not met. The buildings are very
proximate to adjacent residential properties and an increase in intensity of
use is not compatible with tho s e properties or the neighborhood.
-5-
[6.] The special use will not overburden the capacities of the existing
streets, utilities, parks, schools and other public facilities and services.
The Council finds this criterion is met with respect to public facilities.
[7.] There is a history of compliance by the applicant and/or property
owner with Code requirements and prior conditions, if any, regarding
the subject property.
The Council finds this criterion is met. There is no evidence in the record
of any adverse history or prior requirements or conditions relating to the
current use.
[8.] The application ts m substantial compliance with the applicable
standards set forth in the Architectural and Site Design Manual.
The Council finds this criterion is not applicable, as no physical
improvements are proposed.
17. The Council finds that Code Section 26-114(A) is relevant to the Application .
That Section sets forth the purpose governing review of special use applications:
Special us es are discretionary us es which, if properly design ed,
developed, operated and maintained, may be approved f or any
specific location within a zon e district wherein th e special us e is
enumerated. Th e primary issues to be addressed are thos e related to
justification of need and special design and operational
considerations which mitigate potential detrimental impacts of a
special us e on surrounding land uses, th e street sy stem, or public
services or faciliti es . In order to protect th e public interest, a special
us e may be approved, approved with conditions or d enied.
Under this Code Section, one of the primary issues to be addressed is justification of need for the
permit as contrasted with the potential impact on the surrounding neighborhood. The Council
finds that the school need , while proven , does not override the traffic and other impacts on
adjacent properties.
The Council find s that the Application effectively creates the impact of an elementary school in
this neighborhood. The Council finds that while elementary schools can be compatible with
residential neighborhoods , the combination of this elementary school equivalent new use with a
small site immediately adjacent to residences, without the typical larger school grounds, renders
the Application out of harmony and incompatible with the surrounding neighborhood .
18. The Council find s the Application proposes a non-res id ential use in a residential
area, that traffic and other impacts on the site render the Application incompatible with the
-6-
surrounding residential neighborhood, and that approval of the application would not be
compatible with the neighborhood.
19. The Council finds the factors set forth in Code Section 26-114 for review of
special use applications are each a compelling governmental interest and that the application has
failed , for the reasons described above, to protect those interests.
DECISION
Based upon the foregoing findings in its review of the evidence and testimony, the City Council
hereby denies the application of Wellspring Bible Church for a special use permit to allow a
public on-line charter school as an ancillary use to a church and R-1 zone district located at 3010
Newland Street in Wheat Ridge, Colorado , Case Number SUP-12-01.
APPROVED AND ADOPTED by the Wheat Ridge City Council this __ day of May, 2012 .
Jerry DiTullio , Mayor
ATTEST:
Janelle Shaver, City Clerk
-7-
CERTIFICATE OF MAILING
I certify that on May __ , 2012 , a true and correct copy of the foregoing Findings and Decision
was placed in the United States mail , postage prepaid and addressed to:
Angel Zammaripia
Wellspring Bible Church
30 I 0 Newland Street
Wheat Ridge , CO 80033
-8-
... ~.~,
... 4 .. City of •
:P'WlieatR@ge
ITEM NO:~
DATE: May 14,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: RESOLUTION NO. 26-2012 A RESOLUTION
REQUESTING THE DENVER REGIONAL TRANSPOR-
TATION DISTRICT TO MAINTAIN BUS ROUTE 32
WEST OF WADSWORTH BOULEVARD
0 PUBLIC HEARING
D BIDS/MOTIONS
[8] RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2ND READING
QU~IAL/ 0 ~
~~
Public Works Director
ISSUE:
The Denver Regional Transportation District (RTD) has prepared a proposed FASTRACKS
West Corridor Service Plan that calls for termination of several bus routes in the southwest
portion of the City, including Route 32 , west ofWadsworth Boulevard. RTD Route 32 provides
service to approximately 80 students at Wheat Ridge High School. Elimination of Route 32 bus
service would be a tremendous hardship on these students and their parents.
The RTD Board of Directors is scheduled to approve the West Corridor Service Plan at its May
22 , 2012 meeting. The bus service changes would be implemented in May , 2013 , when the West
Line is placed into service.
PRIOR ACTION:
The Proposed West Corridor Service Plan was discussed at the City Council Study Session on
May 7, 2012. The Mayor and Jefferson County School District Superintendent Cynthia
Stevenson sent a letter to the RTD Board ofDirectors on May 9 , 2012 voicing the City and
District's concern with the Proposed RTD West Service Plan.
FINANCIAL IMPACT:
While there is no financial impact to the City government, there will be a great impact to
Wheat Ridge residents.
Council Action Form
May 14,2012
Page 2
·'"·
BACKGROUND:
On April27, City Staff met with RTD Staff and learned ofthe impact ofthe proposed
FASTRACKS West Corridor Service Plan on local Wheat Ridge bus service. The Service Plan
was prepared to restructure the bus service within the West Corridor to allow integration of bus
and rail services. The Service Plan calls for replacing under-utilized bus routes with call-n-Ride
service.
The Wheat Ridge bus routes that will be affected by implementation of the Service Plan include:
• Route 32 on 32"d Avenue west of Wadsworth Boulevard
• Route 28 on 261h Avenue, west of Wadsworth Boulevard
• Route 17 on Youngfield Street, south of381h Avenue
Bus service in the southwest portion of the City would be provided by a new call-n-Ride service.
The Service Plan calls for two small buses to be available during the momjng and evening peak
demand periods, with one bus operating mid-day. There would be no bus service available on
weekends.
The greatest impact on Wheat Ridge residents appears to be at the Wheat Rjdge High School,
where there is large ridership to and from the school. The proposed call-n-Ride will not be able
to meet the demand of the students during the peak travel periods.
RECOMMENDATIONS:
Staff recommends the City Council request that RTD Route 32 not be impacted by the West
Corridor Service Plan.
RECOMMENDED MOTION:
"I move to approve Resolution No. 26-2012, a resolution requesting the Denver Regional
Transportation District to maintain Bus Route 32 west ofWadsworth Boulevard.
Or,
"I move to postpone indefinitely Resolution No. 26-2012, a resolution requesting the Denver
Regional Transportation Di strict maintain Bus Route 32 west of Wadsworth Boulevard for the
following reason(s ): "
REPORT PREPARED BY:
Report Prepared by: Tim Paranto, Director of Public Works
ATTACHMENTS:
1. Resolution No. 2 6 -201 2
TITLE:
CITY OF WHEAT RIDGE, COLORADO
RESOLUTION NO. 26
Series of 2012
A RESOLUTION REQUESTING THAT THE DENVER
REGIONAL TRANSPORTATION DISTRICT MAINTAIN BUS
ROUTE 32 WEST OF WADSWORTH BOULEVARD
WHEREAS, the Denver Regional Transportation District (RTD) has prepared the
Proposed West Corridor Service Plan 2013 (Service Plan) dated April 2012; and
WHEREAS, the RTD Service Plan provides for reduction of bus route service in
Wheat Ridge; and
WHEREAS, the RTD Service Plan bus route reductions include Route 32, west
of Wadsworth Boulevard; and
WHEREAS, RTD failed to request participation from the City while preparing the
RTD Service Plan; and
WHEREAS. the elimination of Route 32 would be at tremendous hardship on the
Wheat Ridge High School students and parents.
NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that:
Section 1. RTD Service Plan Amendment.
The City of Wheat Ridge resolves to request that the Denver Regional
Transportation District amend the Proposed West Corridor Service Plan 2013 to
not include reductions in service on RTD Route 32.
Section 2. Effective Date -----
This Resolution shall be effective immediately upon adoption.
DONE AND RESOLVED this __ day of _____ , 2012.
Jerry DiTullio, Mayor
ATTEST:
Janelle Shaver, City Clerk
Attachment 1