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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