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HomeMy WebLinkAboutCouncil Packet 07/23/20126:45 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 291 H AVENUE, MUNICIPAL BUILDING July 23, 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 July 9, 2012 PROCLAMATIONS AND CEREMONIES Presentation of CIRSA award by Bob Pomeroy Jim Stevens-Wheat Ridge Artist, National Award 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 . Resolution 39-2012-A Resolution approving an Intergovernmental Agreement between Jefferson County, the City of Arvada, the City of Lakewood, the City of Wheat Ridge , the City of Golden, the City of Westminster and the City of Edgewater Animal Shelter/Dog Licensing/Funding. CITY COUNCIL AGENDA: July 23, 2012 Page -2- CONSENTAGENDA~onfd) b. Motion to award ITB-12-23 to Frontier Mechanical, Inc. Englewood, Colorado, in the amount of $106,500 for the Computer Room Air Conditioning (CRAC) Units and Installation Project and allow a Contingency Amount of $10,650. c . Motion to award RFB-12-27-Tandem Equipment Upfit to Layton Truck Equipment Company of Colorado Springs, Colorado, at a total Cost of $78,425 d. Motion to Award the RFQ-JN-12-24 Kipling Trail Design Contract to Bohannan Huston, Englewood, CO, in the Contract amount of $197,533.02, and to approve a Contingency amount of $40,000 PUBLIC INPUT 2. Opportunity for Public Input on the 2013 City of Wheat Ridge Budget ORDINANCES ON FIRST READING ~-Council Bill No. 13-2012 -An Ordinance adopting by reference the 2010 Edition of the Model Traffic Code for Colorado, adopting amendments thereto, repealing all Ordinance in conflict therewith, providing penalties for Model Traffic Code Violations and making conforming Amendments to Chapter 13 of the Wheat Ridge Code of Laws. DECISIONS, RESOLUTIONS, AND MOTIONS Motion to approve the Right Coast Pizza Revocable License Agreement for use of City- Owned Parking Lot at 7150 W. 38th Ave. CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURN TO SPECIAL STUDY SESSION CITY OF WHEAT RIDGE, COLORADO July 9, 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. ROLLCALLOFMEMBERS Davis Reinhart Bud Starker Joyce Jay Mike Stites George Pond Joseph DeMott Tracy Langworthy Absent: Kristi Davis Also present: City Clerk, Janelle Shaver; City Attorney , Gerald Dahl ; City Treasurer, Larry Schulz; City Manager, Patrick Goff; Commander Jim Lorentz ; Community Development Director, Ken Johnstone ; interested parties and interested citizens . APPROVAL OF MINUTES OF JUNE 25,2012 Motion by Mr. Stites for approval of the Minutes of June 25 , 2012 ; seconded by Mr. Starker; carried 6-0 with Mrs . Langworthy abstaining . PROCLAMATIONS AND CEREMONIES none CITIZENS' RIGHT TO SPEAK Mrs. Girson of unincorporated Jefferson County spoke of having parents and a husband that smoked . She now has COPD and a propensity for asthma . Nathan Russo of Arvada, a student at Everitt Middle School , spoke against smoking . Kimberly Russo of Arvada told how being exposed to smoke at bus stops causes her to cough later. She told of the Breathe Well effort to pick up cigarette butts . She would like Wheat Ridge have a no smoking ordinance like Arvada , Lakewood and Golden . Grant Wicklund, president of Lutheran Medical Center, thanked the City for sponsoring the Leaves of Hope run. He said Exempla is committed to a tobacco free community and encouraged Council to pass strong no smoking ordinances . City Council Minutes July 9, 2012 Page2 Carol Salzman of Lutheran Medical Center thanked Mayor DiTullio and Patrick Goff for sponsoring their Leaves of Hope run . She also thanked the City communications department, Planning and Police for their help. She also supports no smoking. Lutheran works with the Jefferson County Health Department and the Breathe Easy Wheat Ridge collaborative. She challenged the City to be a leader along with Lutheran to make sure our kids have safe places to play . Tara Jahn announced upcoming events on 38th Avenue. • Family Yoga at the WR Middle School campus is this Thursday from 6:30-7:30 in conjunction with Live Local Dines from 5-8 at Right Coast Pizza. • Thurs . July 19 is the next Cruiser Crawl, starting at Panorama Park at 6 :30. • The next Live Local Dines will be at Pietra's. APPROVALOFAGENDA 1.:. CONSENT AGENDA A. Motion to approve payment to Gordon Sign, Denver, Colorado, in the amount of $61,305 for construction and installation of park signs. B. Resolution No. 37-2012-amending the Fiscal Year 2012 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $6,908.00 from the 2009 Justice Assistant Grant (JAG) C. Motion to approve payment to Portable Computer Systems, Inc. in the amount of $37,559.50 for the scheduled annual replacement of ten Panasonic Mobile Data Computers Mr. Reinhart introduced the Consent Agenda. Motion by Mr. Reinhart to approve the consent agenda items A. B. and C.; seconded by Mr. Starker; carried 7-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill No. 11-2012-amending the Wheat Ridge Code of Laws, Chapter 22, Sections 22-67 and 22-68 (a) to clarify those entities which are exempt from Use Tax on Building Materials and Supplies Mayor DiTullio opened the public hearing. Mr. DeMott introduced Council Bill No . 11-2012 and read the executive summary . Clerk Shaver assigned Ordinance No. 1512. City Council Minutes July 9, 2012 Page 3 This ordinance will clean-up inconsistencies that have occurred over the years on how we apply our use tax code with City projects . The wording in our code is written in such a way as to not allow exemption from use tax on construction materials and supplies/equipment for city, quasi-city and public school projects . We have been allowing this exemption for many years , but it is against current code and very confusing for diligent tax managers. Passage of the ordinance will change the code to reflect what is already current and common practice . Mayor DiTullio closed the public hearing. Motion by Mr. DeMott to approve Council Bill No. 11-2012, an ord inance amending the Wheat Ridge Code of Laws , Chapter 22 , Sections 22-67 and 22-68 (a) to clarify those entities which are exempt from use tax on building materials and supplies on second reading, and that it take effect 15 days after final publication ; seconded by Mrs . Langworthy; carried 7-0 ~-Council Bill No . 07-2012 -approving the rezoning of property located at 5060 Ward Road from Planned Industrial Development (PID) and Light Industrial (I) to Mixed Use -Commercial Transit Oriented Development (MU-C TOO) Zone District (Case No . WZ-12-02/IBC Holdings) Mayor DiTullio opened the public hearing . Mrs. Langworthy introduced Council Bill No. 07 -2012 . The applicant requests approval of a zone change from Planned Industrial Development and Light Industrial to Mixed Use -Commercial TOO for property located at 5060 Ward Road . Clerk Shaver assigned Ordinance No. 1513. Mayor DiTullio swore in persons who would testify in th is matter. Meredith Reckert entered into the record the case file and packet materials . She showed photographs and diagrams explaining the subject property and surrounding area . This parcel includes the former Jolly Rancher property and land to the north and east of that. She gave the history of the property since Jolly Rancher closed in 2002. This rezoning will allow a mix of commercial, residential and retail uses that will support the transit area of the Gold Line which is scheduled to be completed in 2016 . A neighborhood meeting was held where discussion centered on traffic flow . The Planning Commission approved this rezoning with no conditions . Brian Mott, the applicant, expressed p leasure for the vision of the City in the use of th is property. City Council Minutes July 9, 2012 Page4 Mrs. Reckert explained that the construction/improvement of roadway infrastructure and implementation of drainage plans will be done at no cost to the City. Mr. Mott said he's not sure what kind of development will occur on this property, but that multi-family residential is the highest demand use right now. It may also have office and some retail. Mayor DiTullio closed the public hearing. Motion by Mrs. Langworthy to approve Council Bill No. 07 -2012; an ordinance approving the rezoning of property located at 5060 Ward Road from Planned Industrial Development (PID) and Light Industrial (I) to Mixed Use-Commercial Transit Oriented Development (MU-C TOO) zone district, on second reading, and that it take effect 15 days after final publication, for the following reasons: 1. The property is currently underutilized. 2. Construction of the Gold Line commuter rail station will dramatically change the development potential of this property. 3 . The rezoning request is consistent with the Northwest Subarea Plan, the 1- 70/Kipling Urban Renewal Plan and Envision Wheat Ridge. 4. The evaluation criteria support approval of this request. The motion was seconded by Mr. DeMott. Mr. Dahl reported a typo in the severability clause that will be corrected. Motion carried 7-0. 4. Council Bill No. 08-2012 -approving the Rezoning of property located at 4695 Wadsworth Blvd. from Residential-Two (R-2) to Mixed Use-Neighborhood (MU- N) Zone District (Case No. WZ-12-03/Patrick Nichols & Associates) Mayor DiTullio opened the public hearing. Mrs. Jay introduced Council Bill No. 08-2012. Approving this rezoning is the first step in the redevelopment of the property to mixed use. Clerk Shaver assigned Ordinance No. 1514 Mayor DiTullio swore in those who would be participating in the hearing. Meredith Reckert entered into record the case file and packet materials . She had diagrams and photos of the property. This single family house is in disrepair and has a history of noncompliance. The owners of modmood plan to refurbish the house as an example of 1970's architecture and use it to expand the design services for their retro City Council Minutes July 9, 2012 Page 5 retail business. The rezoning will also allow neighborhood retail , services and residential. If this zone change is approved, the site plan for development will be submitted for approval. This use satisfies the comprehensive plan which calls for this area to be a buffer or transitional to the residential neighborhood to the west. A neighborhood meeting was held where discussion included traffic , parking , the nature of the business and proposed improvements. The Planning Commission approved with no conditions. Staff recommends approval as this will redevelop an eyesore and make it a productive piece of property Jeannie Nichols of Allison Circle in Wheat Ridge is one of the owners of modmood . She loves Wheat Ridge and has enjoyed having the business and bringing retail traffic to the City. She said they fear the house could be torn down so they want to preserve it and make it a design studio. They are sensitive to the neighborhood , and want to preserve the heritage of Wheat Ridge while helping their city become stronger. Patrick Gooch, of the same Allison Circle address and one of the owners, added that although the property is in a terrible state of disrepair it is one of the finest architectural properties built in that era. It is an architecturally significant home and this project will give people a nice first impression of Wheat Ridge . Mr. Dahl confirmed that prior litigation on the property does not affect or constrain the owners right to apply for rezoning . Mrs . Reckert confirmed that the site plan process will not require a neighborhood meeting. Mr. Johnstone stated that any future plans to widen Wadsworth can technically be accommodated by this property. Mayor DiTullio closed the public hearing . Motion by Mrs. Jay to approve Council Bill No . 08-2012. an ordinance approving the rezoning of property located at 4695 Wadsworth Blvd. from Residential-Two (R-2) to Mixed Use-Neighborhood (MU-N) zone district , on second reading, and that it take effect 15 days after the final publication , for the following reasons: 1. The property is not desirable for low density residential use due to adjacency of Wadsworth Blvd . 2. The proposed zone change and reuse of the existing structure will provide a land use transition between Wadsworth and the neighborhood to the west. 3. The evaluation criteria support approval of this request. 4 . The property is currently underutilized ." The motion was seconded by Mr. Stites . Mayor DiTullio mentioned that the widening of Wadsworth would be extremely expensive and depend on state funding. G iven that the state has no money for it , it could be 30-40 years before that happens. The motion carried 7-0 . City Council Minutes July 9, 2012 Page 6 §. Council Bill No. 10-2012 -amending Chapter 26 concerning the Planned Development District Regulations and Private Zone changes and making certain amendments to Chapter 2 in association herewith (Case No. ZOA-12-01) Mayor DiTullio opened the public hearing. Mr. Stites introduced Council Bill No . 10-2012 and read the executive summary. Clerk Shaver assigned Ordinance No. 1515. Ken Johnstone presented the proposal for amending PD's -Planned Development districts. It's an alternative to straight districts , tailored to unique uses and design issues. Historically the City has used them heavily, but less so since Mixed Use districts have been adopted. Staff still thinks this is an important tool and should be improved. This new process will eliminate neighborhood meetings (on the specific design), legal protests, and the recording of permits. A shorter review process will result in less staff time, cost less in fees for the developer and provide a stronger land use right at the initial rezoning. Streamlining the process by moving straight from approval to administrative review will shorten the process by some 15 months and will encourage economic development. Mayor DiTullio closed the public hearing . Motion by Mr. Stites to approve Council Bill No.1 0-2012, an ordinance amending Chapter 26 concerning the planned development district regulations and private zone changes and making certain amendments to Chapter 2 in association herewith, on second reading, and that it take effect 15 days after final publication; seconded by Mr. Reinhart; carried 7-0. ORDINANCES OF FIRST READING §. Council Bill No. 12-2012-disconnecting land located in Section 15, Township 3 South, Range 69 West of the Sixth Principal Meridian , County of Jefferson , State of Colorado, from the City of Wheat Ridge Municipal Boundary (Case No . ANX- 12-01ffomlinson Park) Mr. DeMott introduced Council Bill No. 12-2012. In 2004 the City Council approved an agreement with Arvada regarding the sharing of costs for certain infrastructure improvements, the construction of improvements in the Columbine drainage basin, and accommodatin~ drainage-all associated with the development of the Arvada Ridge project at 50 & Kipling . One of the final actions requires disconnection of the drainage channel adjacent to Tomlinson Park by the City of Wheat Ridge for subsequent annexation by Arvada. Arvada currently owns and City Council Minutes July 9, 2012 maintains the park. The property in question is a long strip of land running approximately from 50th & Independence to 51 51 & Garrison. Page 7 Motion by Mr. DeMott to approve Council Bill No.12-2012 an ordinance disconnecting land located in Section 15, Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado from the City of Wheat Ridge Municipal Boundary on first reading, order it published, public hearing set for Monday, August 13, 2012 at 7 :00p.m. in the City Council Chambers and take effect upon recordation of the disconnection plat; seconded by Mrs. Langworthy; carried 7-0 . DECISIONS, RESOLUTIONS AND MOTIONS 7. Resolution No. 36-2012-beginning a City-Initiated Rezoning of property located at 7750 Three Acre Lane to Mixed Use-Commercial (MU-C) Mrs. Jay introduced Agenda Item No. 7. Ken Johnstone explained that when the Council approved a legislative rezoning of the Wadsworth corridor this property was inadvertently omitted from the zone change process. The property owner wishes to be rezoned from Residential-3 to MU-C (Mixed Use Commercial). Motion by Mrs . Jay to approve Resolution No. 36-2012; seconded by Mr. Stites carried 7-0. Resolution No. 35-2012 -beginning a City-Initiated Comprehensive Rezoning of Properties located on W. 38th Ave. approximately between Sheridan and Wadsworth to Mixed Use -Neighborhood Mr. Starker introduced resolution No. 35-2012 and read the executive summary. Motion by Mr. Starker to approve Resolution No. 35-2012; seconded by Mr. Stites. Planner Sarah Showalter presented a map of the 38th Avenue corridor with explanation of the criteria for rezoning. Most of the properties have 38th Avenue frontage or are adjacent to one that does. Split-zoning will be eliminated. Included are commercially- zoned residential properties that are adjacent to the rezoning area and would become conforming under MU-N. Four properties have requested not to be included and one owner is still undecided . There will be a neighborhood meeting August 8. There will be public hearings by the Planning Commission and the City Council. After passage all property owners will have 30 days to request removal. Motion carried 7-0. City Council Minutes July 9, 2012 Page 8 9 . Resolution No . 38-2012-approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning Academy Training for Police Officer Recruits Mr. Pond introduced Resolution No . 38-2012 . Wheat Ridge does not have its own police training academy . This resolution approves an agreement with Lakewood and Jefferson County so our police recruits can attend a regional training academy operated by the City of Lakewood and the Jefferson County Sheriff's office. Motion by Mr. Pond to approve Resolution 38 -2012 ; seconded by Mr. Stites carried 7-0. CITY MANAGER'S MATTERS Mr. Goff announced that the Community Development Department has a new over-the- counter plan review program. Any Thursday or Friday from 8-11:30 the building division will be accepting and processing walk-in building permit applications for several types of projects -including residential decks and sheds , and carports and garages that require plan review. If you have a weekend project coming up you can come in and get your permit. More information is available on the City's website. CITY ATTORNEY'S MATTERS none CITY CLERK MATTERS Mrs. Shaver informed Council that she is commuting to Boulder every day this week for clerk classes . ELECTED OFFICIALS' MATTERS Mr. Stites reminded folks that with all the heat and rain the weeds are coming on strong . It can make our city look junky. Please take care of your weeds and help an elderly neighbor if they need assistance on that. Mrs. Langworthy reminded everyone that on Friday , July 13 there will be a produce and health fair at Healing Waters Family Center from 9-11 . There are no income or residential requirements . Please bring your own bag for produce if you can . City Council Minutes July 9, 2012 Page 9 Mrs. Jay repeated the announcement that this Thursday at Right Coast Pizza there will be Live Local and family yoga across the street. The following Thursday is the Cruiser Crawl. Mr. DeMott reminded everyone that circus tickets are for sale at City Hall , the Rec Center and online . Mayor DiTullio thanked staff for their past and ongoing work on the rezoning process . Meeting adjourned at 8:45pm . Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON July 23 , 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 . ,.~A~ .... • .. City of • JP'WheatR!__dge ITEM NO:~, DATE: July 23 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 39-2012 -A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, THE CITY OF WESTMINSTER AND THE CITY OF EDGEWATER ANIMAL SHELTER/DOG LICENSING/FUNDING D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES Administrative Servic s Director ISSUE: Foothills Animal Shelter is the animal shelter for Jefferson County and has become a leading adoption facility in the State of Colorado. In 2010, FAS moved into a newly constructed 33 ,000 square-foot facility, three times the size of the old facility. Since this time, the staff and Board of Directors has been working to increase the revenue of the Shelter through the County-wide Dog Licensing Program. As part of these efforts, the proposed IGA merges previous I GAs that established Table Mountain Animal Center (TMAC) and implemented the Dog Licensing Program. This new IGA supersedes the previous I GAs. The primary changes in this IGA are as follows: • Officially change the name of the entity to Foothills Animal Shelter Establish a capital reserve of $500,000 Establish an operating reserve equivalent to 25 % of annual operating expenses • Allocate the Dog License Program revenue (net of administrative costs incurred by the County who currently administers the program) to the operations ofF AS • Allocate the annual City assessments to the annual debt service obligation Council Action Form July 23 , 2012 Page2 PRIOR ACTION: City Council was briefed on this issue at the July 16 , 2012 Study Session. FINANCIAL IMPACT: There are no significant financial impacts projected as a result of the attached IGA. The goal of the Foothills Animal Shelter Board of Directors is to minimize the financial impact to the participating jurisdictions. In 2012 , the City's annual contribution toward the operations ofF AS was $29 ,050. In 2011 , the City paid an annual assessment of $27 ,932 and a special assessment of$20,033 for a total of$47,965. While there is a still the potential for a special assessment in 2012 to help cover the cost of operations , the Board of Directors for the Shelter believes this potential is greatly reduced by using the dog licensing revenue for operations as proposed in this IGA. Starting in 2013 , the annual contributions from the parties to this IGA will be allocated toward the debt service and will be less than the current annual contributions assessed today. BACKGROUND: In 1997 , the City became a party to the IGA that formed the Table Mountain Animal Center (TMAC). Over the years , the operations ofTMAC have grown -to a point of constructing a new shelter in 2010 that is three times larger than the old facility and changing the name of the facility to Foothills Animal Shelter (FAS). Currently, the City of Wheat Ridge, along with Jefferson County and the cities of Arvada, Edgewater, Lakewood , Westminster, and Golden make annual contributions towards the operations of the shelter. Wheat Ridge's annual contribution to the shelter has historically been approximately $27 ,000 to $29 ,000. In 2007 , the County and the various cities entered into an IGA that implemented a countywide dog licensing program. The revenue generated from the program was to be allocated to pay for the new shelter. The County has served as administrator for the licensing program and began collecting license revenue prior to the construction and opening of the new shelter. Those funds , in excess of $1.5 million , have been held in trust by the County. In addition , the license revenues generated annually have exceeded the annual debt service payments on the COP's that were issued by the County to build the shelter. In 2008 , Wheat Ridge and the other cities approved resolutions to amend the Dog License Program IGA to allow for the excess dog license revenues (the amounts collected greater than the annual debt service requirement) to be used by TMAC/F AS for the construction, operation , maintenance, and replacement of the new facility , or for capital improvements and maintenance of the current facility (the TMAC facility that existed at that time). In 2011 , the Board of Directors for the Shelter (made up of one representative from the County and each of the cities), requested funds from the excess dog license revenues to pay for some needed capital improvements and to help cover the increased cost of operations related to the first full year of operations at the new facility. The County agreed to the capital funding as that was allowed for in the 2007 IGA , but denied the funding for operations as the County had never approved the 2008 amendment to the IGA (and had never communicated that to any of the cities or the Shelter Board). So , instead of using dog licensing revenues to assist with the operating Council Action Form July 23, 2012 Page 3 costs, the County and each city received an additional special assessment for 2011. Wheat Ridge's portion ofthe additional assessment was $20,033.19. lfthe Board decides that a special assessment is needed in 2012, the City will receive a request for $20,250. Upon learning this information from the County, the Shelter Board began a series of discussions concerning how to stabilize the annual assessments to the entities and how to best utilize the excess dog licensing revenues. Specifically, the Board discussed the impact of special assessments on entities such as Wheat Ridge. The Board agreed that since the annual debt serv ice was a relatively-fixed amount annually, applying the entity assessments to the debt payments would provide a stable budgeted amount for the entities. Further, given that the dog licensing revenue already exceeded the annual debt requirements, using the revenue for operations was a better match. Currently, the dog license compliance rate is approximately 21 %. The Shelter Board has challenged the F AS staff to work on a marketing plan to increase the compliance rate and generate more revenue to help cover operating costs. The Board also felt it was prudent to establish both capital and operating reserves. RECOMMENDATIONS: Staff recommends approval of this resolution. RECOMMENDED MOTION: "I move to approve Resolution No . 39-2012, a resolution approving an intergovernmental agreement between Jefferson County, the City of Arvada, the City of Lakewood, the City of Wheat Ridge, the City of Golden, the City ofWestmjnster, and the City of Edgewater Animal Shelter/Dog Licensing/Funding." Or, "I move to postpone indefirutely Resolution No. 39-2012, a resolution approving an intergovernmental agreement between Jefferson County, the City of Arvada, the City of Lakewood , the City ofWheat Ridge, the City of Golden, the City ofWestminster, and the City of Edgewater Animal Shelter/Dog Licensing/Funding for the following reason(s) REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Dan Brennan, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 39-2012 2. Foothills Animal Shelter IGA " CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39 Series of 2012 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, THE CITY OF WESTMINSTER AND THE CITY OF EDGEWATER ANIMAL SHEL TERIDOG LICENSING /FUNDING WHEREAS, by Resolution 1567-1996, the City of Wheat Ridge (Wheat Ridge) entered into an Intergovernmental Agreement (IGA) that added Wheat Ridge as a party to the establishment and operation of the Table Mountain Animal Center (TMAC); and WHEREAS, by Resolution 17-2007, Wheat Ridge entered into an IGA for the implementation of a Countywide Dog Licensing Program; and WHEREAS, TMAC has since moved to a new location is operating under the name of Foothills Animal Shelter (the Shelter); and WHEREAS, Wheat Ridge is currently assessed an annual fee to help cover the cost of the operations of the Shelter; and WHEREAS, revenues from the Dog Licensing Program are used to pay the debt service of the Shelter's new facility; and WHEREAS, the revenue from the Dog Licensing Program exceeds the annual debt service requirements; and WHEREAS, the Parties to the IGA wish to better match the revenue streams to expenses by allocating the assessments to the annual debt service and allocating the Dog Licensing revenue to operations of the Shelter, and also take advantage of the increased revenue potential of the Dog Licensing Program to cover future operating costs of the Shelter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The Intergovernmental Agreement Between Jefferson County, the City of Arvada, the City of Lakewood, the City of Wheat Ridge, the City of Golden, the City of Westminster and the City of Edgewater Animal Shelter/Dog Licensing/Funding attached to this Resolution as Exhibit A and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized and directed to execute the same. B. This Resolution shall be effective upon adoption. Attachment 1 DONE AND RESOLVED this 23rd day of July, 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, THE CITY OF WESTMINSTER AND THE CITY OF EDGEWATER ANIMAL SHELTER/DOG LICENSING /FUNDING THIS AGREEMENT, dated for reference purposes only this 15th day of August, 2012 , is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"); the CITY OF ARVADA, a municipal corporation ("Arvada"); the CITY OF LAKEWOOD, a municipal corporation (''Lakewood "); the CITY OF WHEAT RIDGE, a municipal corporation ("Wheat Ridge"); and the CITY OF GOLDEN, a municipal corporation ("Golden "); and the CITY OF WESTMINSTER, a municipal corporation ("Westminster"). WITNESSETH WHEREAS, C.R.S. Section 30-15-101 (1) authorizes the board of county commissioners of each county to establish an animal holding facility and engage personnel to operate it, provide for the impoundment of animals , and to establish terms and conditions for the release or other disposition of impounded animals ; and WHEREAS, C.R.S . Section 30-15-10 I (2) authorizes counties and municipalities to enter into an intergovernmental agreement to provide for the control , licensing, impounding, or disposition of pet animals or to provide for the accomplishment of any other aspect of a county or municipal dog control or pet animal control licensing resolution or ordinance; and WHEREAS, C.R.S . Section 31-15-401 (m)(l) authorizes municipalities to regulate and control animals within the municipality including, but not limited to , licensing, impoundment, and disposition of impounded animals; and WHEREAS, Part 2 of Article 1 of Title 29 , C.R.S. permits and encourages governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments; and WHEREAS, Part 2 of Article I of Title 29 , C.R.S. authorizes governments to contract with one another to provide any function , service, or facility lawfully authorized to each of the contracting units through the establishment of a separate legal entity ; and WHEREAS, pursuant to C.R.S. Section 30-11-1 07(1) the parties are authorized to enter into agreements for the joint use and occupation of public buildings ; and WHEREAS, some of the parties entered into an Intergovernmental Agreement forming the separate legal entity called the Jefferson Animal Shelter on March 15 , 1975 and this Intergovernmental Agreement was amended several times to modify the terms and add parties to the agreement ; and Attachment 2 WHEREAS, the Towns of Morrison and Mountain View are no longer participating in the operation or funding of the Jefferson Animal Shelter; and WHEREAS, the parties entered into an Intergovernmental Agreement creating a County- Wide Dog Licensing Program ("Dog Licensing Program") which provided that the revenue from the Dog Licensing Program would be used to construct a new animal shelter facility due to the deterioration of the prior faci I ity ; and WHEREAS, the County funded the construction of a new animal shelter facility ("Facility") by !)issuing Certificates of Participation ("COPs'") which included the amount of5.2 million dollars for construction of the Animal Shelter Facility; 2) contributing 3 million dollars ; and 3) contributing an additional 1.5 million dollars pursuant to the terms of an Intergovernmental Agreement between some of the parties (the "Facility Funding IGA ") which provided that the participating cities would repay the County( unless the County is repaid by the Foothill s Animal Foundation)at the end of a five year period ending on January I , 20 15 ; and WHEREAS, the parties desire to amend the prior agreements for formation of the Shelter and the Dog Licensing Program to provide for the parties to no longer pay annual assessments for the operation of the Shelter, to instead use the revenue from the Dog Licensing Program for the operation of the Shelter and to provide for repayment of the COPs and the $1.5 million dollar contribution ; and WHEREAS, the parties agree that each party and its residents should contribute toward the funding for the cost of capital construction of the Facility and the operation of a central animal shelter in equal proportion to the estimated number of dogs in their jurisdiction; and WHEREAS, it continues to be in the best interest of all of the above-referenced parties to participate in the, organization , administration , and common use of a central animal shelter and to amend the prior agreements for continued operation of the central animal shelter and the Dog Licensing Program and the Facility Funding IGA as set forth herein ; and WHEREAS, the City of Edgewater ("Edgewater") may desire to become a party to this Agreement after adoption of a dog licensing ordinance in compliance with the terms of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreement ofthe parties hereinafter contained , the receipt and sufficiency of which are hereby confessed , it is understood and agreed as follows: PART 1. FOOTHILLS ANIMAL SHELTER FORMATION AND OPERATION I. GENERAL PROVISIONS A. ESTABLISHMENT OF FOOTHILLS ANIMAL SHELTER. The parties previously established a separate legal entity called the Jefferson Animal Shelter and then 2 renamed the entity the Table Mountain Animal Center. The parties hereby reaffirm the establishment of the separate legal entity which shall be known as the "Foothills Animal Shelter" (the "Shelter") and which shall be responsible for the administration and operation of the Shelter and the Facility. B. LEASE OF SHELTER. The Shelter entered into a lease with the County for the new Facility located at 580 Mcintyre Street, Golden CO 8040 I pursuant to a Lease Agreement effective on August 9 , 20 I 0 (the "Lease Agreement"). The Shelter, for the purpose of, organizing, administering, and operating the central animal facility on the land so leased, will improve, maintain, and operate the Facility as provided herein and as provided in the Lease Agreement. II. POWERS OF THE SHELTER A. GENERAL POWERS. The parties hereto agree the Shelter shall be empowered with the authority to improve, construct, maintain, repair, control , regulate and operate the Facility within Jefferson County, Colorado, as a complete animal shelter for the use and benefit of the parties to this Agreement and their constituents. B. POWER TO SHELTER ANIMALS AND PROVIDE EDUCATIONAL PROGRAMS. The principal purposes of the Shelter are (I) to retain in temporary custody and to provide for the subsequent adoption or disposition of animals taken into possession by the respective governing bodies or animals tendered to the Shelter by residents of the respective governing bodies, and (2) to provide educational volunteer and related programs to individuals and the community to promote responsible pet ownership. As used herein, the term "animals" shall include, but is not necessarily limited to, dogs, cats, cattle, horses, and all other domestic or wild animals of any kind or description. C. The Shelter shall have the power to contract with other governing bodies who are not parties to this Agreement to provide the same temporary custody, adoption or disposition services provided for the parties. D. POWE R TO ESTABLISH CLINICS FOR ANIMAL WELFARE PURPOSES. In addition to providing temporary custody for said animals, the Shelter shall have the authority to establish a clinic for the purpose of spaying and neutering animals, or any other animal welfare related purposes as deemed appropriate by the governing Board of Directors (the "Shelter Board"). E. POWER TO MAKE CONTRACTS, HIRE, AND FIRE. The parties hereto further agree the Shelter shall have the authority to contract and purchase all necessary supplies, equipment, materials, and services, including professional services, and further to hire and discharge employees as deemed necessary to operate the Shelter. F. POWER TO SET FEES. The fees to be charged for services s hall be established by the Shelter Board, s hall be uniform and reasonable, and shall supersede any fees previously 3 established by the respective governmental bodies. Fees for services provided to governing bodies who are not parties to this Agreement and their residents shall be set by the Shelter Board and shall be set to include the costs for operation and maintenance of the Shelter and capital costs of the Facility. G. POWER TO LEASE PROPERTY. The parties hereto agree the Shelter is empowered to negotiate and enter into a lease of the Facility which is suitable for an animal facility and additional property if necessary. III. BOARD OF DIRECTORS A. POWERS. All powers, privileges and duties vested in the Shelter shall be exercised and performed by and through the Shelter Board. Only parties to this Agreement shall be entitled to appoint a Director to serve on the Shelter Board. B. APPOfNTMENTS. Each party shall designate and appoint one Director to serve on the Shelter board. Each Director shall be in regular attendance and participate in Shelter meetings and activities. Each Director shall serve in accordance with the terms and conditions set forth by the party that appointed the Director. Each party may also appoint an alternate board member. The current Directors for the existing animal shelter appointed by the parties shall continue to serve as Directors on the Foothi lls Animal Shelter Board after execution of this Agreement unless any Director is removed by the party who appointed the Director. C. ELECTIO OF OFFICERS. At the annual meeting of the Shelter Board , the Shelter Board shall elect from its membership a President. a Vice President (and President pro tern). a Secretary and a Treasurer, who will assume their office at the annual meeting. These officers shall serve until their successors have been elected. The officers shall be elected by an affirmative vote of at least a majority of the Shelter Board. D. BYLAWS AND POLICIES AND PROCEDURES. The Shelter Board shall have the power to promulgate bylaws and policies and procedures which shall establish the organizational rules and policies and procedures for the management and operation of the Shelter. IV. CAPITAL IMPROVEMENT FUND The Shelter shall establish a capital improvement fund equal to a minimum of Five Hundred Thousand Dollars ($500,000) ("Minimum Threshold'") using the surplus revenues ge nerated by either the operation of the Shelter or the Dog Licensing Program or by funds transferred from the Foothills Animal Foundation, a Co lorado non-profit corporation (the "Foundation''). The uses to which said fund may be put include, but are not necessarily limited to, replacement of capital equipment procurement of new capital equipment, and improvement or expansion of the Facility. If funds are used from the capital improvement fund, the capital improvement fund shall be returned to the Minimum Threshold as soon as funds become available but within no more than a two year period from the date the fund fell below the 4 Minimum Threshold. The Shelter Board may adjust the Minimum Threshold above $500 ,000 on an annual basis if approved by a two-thirds vote of the Directors. Any adjustment of the Minimum Threshold below $500 ,000 shall only occur by amendment to this Agreement. V. CONTINGENCY/EMERGENCY FUND ESTABLISHED The Shelter shall establish a contingency/emergency fund with a minimum ofthree months of operating expenses as calculated from the prior year ("Minimum Balance "). The money for said fund may be generated from transfers from impoundment , boarding and adoption fees , investment income, donations, grants or other incidental sources of revenue. Said contingency fund shall be used to defray the costs of unanticipated operating expense shortfall. If funds are used from the contingency emergency fund , the contingency/emergency fund shall be returned to the Minimum Balance as soon as funds become available but within no more than a two year period from the date the fund fell below the Minimum Balance. VI. BUDGET A. BUDGET PROCESS. Each year, the Shelter shall prepare a preliminary budget and submit said budget to the Shelter Board. The budget shall contain detailed estimates of the operating costs of the subsequent year. The preliminary budget shall be approved by the Shelter Board on or before September 30th of each year. The approved preliminary budget shall be submitted to each of the governing bodies of the parties hereto as soon thereafter as possible. B. The final budget shall then be approved by the Shelter Board and cettified by the secretary and treasurer of the Shelter Board. A final budget shall be submitted to each of the governing bodies of the parties no later than December 15th of each year that this Agreement is in effect. VII. FUNDS AND OPERATIONS A. DESJGNA TJON OF FUNDS. The Shelter and parties agree that the various monies paid to the Shelter from the Dog Licensing Program or any other source, and any monies generated by the Shelter, shall be placed into a designated fund , and any expenses incurred by reason of operation of the Shelter shall be paid from said fund. B. CHOICE OF DEPOSITORY. All monies belonging to the Shelter or designated for use by the Shelter shall be deposited in the name and to the credit of the Shelter with such depositories as the Shelter shall from time to time designate. C. DISBURSEMENT OF FUNDS. The Shelter Board will establish a written policy for the internal control and monitoring of the expenditure of funds by the Shelter and the type or method of payment used by the Shelter. The written policy established by the Shelter Board shall ensure that the Shelter Board is able to monitor all expenditures by the Shelter. 5 D. FISCAL RESPONSIBILITY. The Shelter shall not borrow money nor shall it approve any claims or incur any obligations for expenditures unless there is sufficient unencumbered cash in the appropriate fund , credited to the Shelter, with which to pay the same. The provisions and terms set forth in Part 3 of this Agreement shall not be considered debt of the Shelter. VIII. BOOKS AND RECORDS A. RECORD KEEPfNG. The Shelter shall maintain adequate and correct accounts of its funds , properties , and business transactions , which accounts shall be open to inspection at any reasonable time by the parties hereto , their attorneys , or their agents. B . ANNUAL AUDIT. The Shelter shall cause to be conducted an annual audit within 90 days after the end of the fiscal year. The Shelter fiscal year shall be from January I st to December 31 st . Such audit shall be conducted by an independent certified public accountant, registered accountant, or partnership, or certified public accountants. or registered accountants licensed to practice in the State of Colorado. The Shelter shall tender a copy of said audit to the governing bodies of the respective parties hereto. IX. REPORTS A. ANNUAL REPORT. By June l s1 of each year the Shelter shall prepare a comprehensive annual report of the Shelters activities and finances during the preceding year and tender a copy of the annual report to the governing bodies of the respective parties hereto. B. REPORTS REQUIRED BY LAW , REGULATION OR CONTRACT. The Shelter shall also prepare and present such reports as may be required by law , regulation , or contract to any authorized federal , state , and/or local officials to whom such report is required to be made in the course and operation of the Shelter. C. REPORTS REQUESTED BY THE PARTIES. The Shelter shall also render to the parties hereto , at reasonable intervals , such reports and accountings as the parties hereto may from time to time request. PART 2. COUNTY WIDE LICENSING PROGRAM/FUNDING FOR SHELTER I. COUNTY-WIDE LICENSING PROGRAM A. ORDINANCE ADOPTION. Each party shall adopt or has already adopted an ordinance which establishes a dog licensing program and penalties within its jurisdiction. The dog licensing ordinances adopted by the parties shall be consistent with the County ordinance concerning licensing of dogs and license fees ; however, each party has discretion to adopt its own penalties . 6 B. ENFORCEMENT. Each party shall be responsible for enforcement of the penalties for its dog licensing ordinance within their own jurisdiction. Each party agrees to actively pursue enforcement of said ordinance. C. LICENSING ADMINISTRATOR DEFINED. The Licensing Administrator is the entity delegated the authority by the parties to issue licenses and collect fees for said dog licenses on behalf of all parties. D. DELEGATION OF AUTHORITY. The parties hereby have delegated authority to the County to be the Licensing Administrator to issue licenses and collect fees for said dog licenses on behalf of all parties. A new Licensing Administrator may be appointed by written approval of the Shelter Board. If the Licensing Administrator appointed is not a party, the Shelter Board shall enter into an agreement with the entity chosen to be the Licensing Administrator to bind the new Licensing Administrator to the terms of this Agreement and any other terms deemed necessary by the Shelter Board. E. DOG LICENSES. The dog licenses shall all be identified as "County Dog Licenses." II. FUNDS AND OPERATIONS A. DESIGNATION OF FUNDS. The Licensing Administrator agrees that all monies paid to the Licensing Administrator for the licensing of dogs within the jurisdictions of all parties , shall be placed into a designated fund (the "Dog Licensing Fund ") except the funds due to the Licensing Administrator as provided in Part 2 , Article II , Section Band the funds withdrawn or retained by the County pursuant to Part 2 , Article ll , Section C. B. LICENSING ADMINISTRATOR 'S ADMINISTRATIVE COSTS. On August 1 st of each year this Agreement is in effect, the Licensing Administrator shall provide each party with a statement of the Licensing Administrator's administrative costs directly attributable to the operation of the Dog Licensing Program from July 1 st through June 30th of each year, and the projected administrative costs for the upcoming year. The Licensing Administrator shall retain the amount of the Licensing Administrator's administrative costs from the Dog Licensing Program revenue on a monthly basis. The Licensing Administrator shall be entitled to payment for the cost of, at a maximum , two full time employees including salary, benefits and overhead. The Licensing Administrator employee positions shall be Administrative Specialist I or Jl positions as currently defined by the County or equivalent positions. Any future staffing needs, beyond those currently listed above, require approval of the Shelter Board. The Licensing Administrator shall also be entitled to the cost of tags , mailers (for new tags and renewals), postage , printing, maintenance/updates of dog licensing software and miscellaneous office supplies, and any other costs directly attributable to the operation of the Dog Licensing Program . C. DlSBURSEMENT OF FUNDS FOR 2012. The parties have each paid an assessment to the Shelter for the 2012 Budget Year as a contribution to the operating costs and capital improvement costs of the Shelter. The County, as the current Licensing Administrator 7 shall withdraw funds from the Dog Licensing Fund to pay that portion of the debt service on the COPs for 2012 attributable to the portion ofthose proceeds used to fund the construction ofthe Facility. The County, as the current Licensing Administrator, shall retain funds in the Dog Licensing Fund to pay the County 's estimated administrative costs and expenses for acting as the Licensing Administrator through December 31 , 2012. The remainder of the funds in the Dog Licensing Fund shall be paid over to the Shelter to be used first to meet the requirements for funding the Capital Improvements Fund and Contingency/Emergency Fund and the remainder shall be allocated as determined by the Shelter Board. D . DISBURSEMENT OF FUNDS AFTER 2012. Except for the funds retained by the Licensing Administrator each month for its administrative costs and expenses as provided in Part 2 , Article II , Section B , the funds contained in the Dog Licensin~ Fund shall be paid to the Shelter by the Licensin g Administrator on a monthly basis on the lOt of the following month as a contribution from the parties toward the operating costs of the Shelter or capital improvements or maintenance costs of the Shelter as approved by the Shelter Board. III. BOOKS AND RECORDS RECORD KEEPING . The Licensing Administrator shall maintain adequate and correct accounts of the funds , which accounts shall be open to inspection at any reasonable time by the patties hereto , their attorneys , or their agents. IV. REPORTS A . DEFINITIONS. I. Reporting Period shall mean the period between July 1st to June 30th of each subsequent year. 2 . Jurisdiction -The Jurisdiction of each party who is a city shall mean the area within its municipal boundaries. For Westminster and Arvada Jurisdiction shall include the area within their municipal boundaries that is within Adams County and Jefferson County. The Jurisdiction for the County shall be the unincorporated area of the County. 3. E stimat ed Dog Population for a party s hall mean: a. the estimated percentage of Colorado households harboring one or more dogs , obtained from the most current data published by the American Veterinary Medical Association (the "Source''); multiplied by b. the number of households in a party 's Jurisdiction , as reported in the most current publication by the State Demographer's Office ; multiplied by c . the average number of dogs per household for each household with a dog. obtained from the most current Source using the data for Colorado. 8 4. Compliance Rate shall mean the rate calculated by dividing a. the number of licenses issued for dogs residing in a party's Jurisdiction during a one year Reporting Period by b. the Estimated Dog Population in each party 's Jurisdiction for the same Reporting Period. B. ANNUAL REPORT. By August I 51 of each year, the Licensing Administrator shall prepare and present to the Shelter Board an annual report of the number of dogs licensed during the prior year in each party 's Jurisdiction, the estimated household population of each party's Jurisdiction as reported in the most current publication by the State Demographer s Office the Compliance Rate for each party's Jurisdiction and the funds collected during the prior year. A sample of the report format is attached as Exhibit A. C. REPORTS REQUESTED BY THE PARTIES. The Licensing Administrator shall also render to the parties hereto, at reasonable intervals, such reports and accountings as the parties hereto may from time to time request. V. REVIEW OF REVENUES AND JURISDICTION COMPLIANCE A. REVIEW OF REVENUES AND COMPLIANCE BY JURISDICTION. If during the reporting period ending June 30, 2012, there is less than twenty per cent (20%) compliance by the residents in a party's Jurisdiction, the respective party shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog Licensing Fund would have received if there was twenty per cent (20%) compliance at the spayed dog licensing rate and the amount of dog license fees actually collected from the residents of that party's Jurisdiction. The twenty percent (20%) Compliance Rates set forth above shall be defined as the Minimum Compliance Rate for the reporting period ending June 30,2012. When the annual report is distributed at the end of the next reporting period and every year thereafter, a new Minimum Compliance Rate shall be set for the following year if the Minimum Compliance Rate was exceeded by all the parties. If all the parties ' Jurisdictions exceed the Minimum Compliance Rate according to the annual report, the new Minimum Compliance Rate for the followin g year shall be the Compliance Rate ofthe party with the lowest Compliance Rate. If any party 's Jurisdiction fails to meet the Minimum Compliance Rate set for a reporting period, the party shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog Licensing Fund would have received if the Minimum Compliance Rate was met at the spayed dog licensing rate , and the amount of dog license fees actually collected from the residents of that party 's Jurisdiction. B. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to pay the amounts set forth in Part 2 , Article V , Section A , to the Licensing Administrator for placement in the Dog Licensing Fund by January 31 51 of the year following which the Annual Report determined a party failed to meet the Minimum Compliance Rate, provided, however, that all payments by the parties to the Dog Licensing Fund pursuant to this A g reement are subject to 9 annual appropriation by the parties hereto in the manner required by statute. It is the intention of the parties that no multiple-year fiscal debt or other obligation be created by this Agreement. PART 3. REPAYMENT OF DEBT SERVICE FOR CONSTRUCTION OF FACILITY I. BASIS FOR DOG POPULATION A. BASIS FOR DOG POPULATION. The basis for the dog population calculation shall be based upon the Colorado data from the most current Source. Whenever the dog population is needed for computations under this Agreement. the figure used shall be the most recent available at the time such figure is needed. unless otherwise specified herein. B. DEFINITIONS. The definitions for Jurisdiction , Reporting Period and Estimated Dog Population are set forth in Part 2 , Article IV . II. CONTRIBUTIONS TO DEBT SERVICE FOR COST OF CONSTRUCTING FACILITY A. CONTRIBUTIONS OF THE PARTIES FOR DEBT SERVICE ON COPS. 5.2 million dollars of the proceeds from the COPs issued by the County were used to partiall y pay the cost for construction of the Facility. The parties agree that each municipal party shall annually pay an assessment to the County to repay that portion of the debt service on the COPs attributable to the portion of the proceeds used to fund the construction of the Faci I ity (the ''Facility Debt Service'') until the COPs are defeased. The Facility Debt Service Schedule is attached hereto as Exhibit A but such schedule may be modified if the COPs are refinanced as provided herein. Each party's annual repay ment will be determined as follows: I . Calculation for the Annual Assessment a. Determine the Estimated Dog Population for each party's Jurisdiction as of June 30th of each year. c. b. Add the Estimated Dog Population for all the parties together to determine the Total Dog Population. Determine what percentage each party's Estimated Dog Population is compared to the Total Dog Population for all of the parties ' Jurisdictions combined ("Dog Population Percentage"). Each municipal party shall pay the County a portion of the Facility Debt Service equal to that municipal party's Dog Population Percentage. B. ANNUAL DEBT SERVICE STATEMENT AND INVOICE FOR COPS. By August 151 of each year, the County shall prepare and present to the Shelter Board and the governing bodies ofthe parties a statement and invoice of the Facility Debt Service due from January I to December 31 for the upcoming year, each patty's Dog Population Percentage and the total dollar amount due from each party for its portion of the Facility Debt Service. C. PAYM ENT FOR FACILITY FUNDING IGA. Purs uant to the terms of the Facility Funding IGA , the County s hall provide th e parties with a report eac h year stating the 10 amount received each year and the balance owing. Section I.D. of the Facility Funding IGA shall be amended to provide that the final payment on the remaining balance is due on January I , 2015 and shall be divided equally between Arvada , Lakewood , Wheat Ridge, Golden and Westminster (collectively the "Cities"). The Cities shall make their final payments to the County no later than January 31 , 2015. To the extent the Facility Funding IGA provides that the County is solely responsible for the Facility Debt Service on COPs, the Facility Funding IGA is amended in this Agreement to require participation of all the municipal parties and the County in the payment of the Facility Debt Service in the manner provided herein . D. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to consider for appropriation the amounts computed as set forth above by the first day of January of the year during which said monies are to be paid to the County. The parties agree to pay the amounts for the Facility Debt Service to the County by January 31st of the year during which said monies are to be paid by the County for the debt service. All payments to the County pursuant to this Agreement are subject to annual appropriation by both the County and each municipal party hereto in the manner required by statute. It is the intention of the parties that no multiple-year fiscal debt or other obligation be created by this Agreement. E. REPORTS REQUESTED BY THE PARTIES. The County shall also render to the other parties hereto , at reasonable intervals, such reports and accountings as the parties hereto may from time to time request. F. REFINANCING. The County shall have the right to refinance the debt on the COPs if deemed beneficial to the County so long as the amount owed by the municipal parties for debt service does not increase due to the refinancing. PART 4. GENERAL CONTRACT TERMS I. DEFAULT IN PERFORMANCE A. In the event an y party fails to make the payments to the Licensing Administrator when due as provided by Part 2 , Article V, or payments to the County as provided in Part 3 or to perform any of its covenants and undertakings under this Agreement, the County or any other party shall cause written notice to be given to the governing body ofthe defaulting party of the termination of the party 's participation in the Agreement, unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty (30) day period , membership in the Shelter of the defaulting party shall thereupon terminate , and said defaulting party shall thereafter have no voting rights as a member of the Shelter at any regular or special meeting thereto , nor be entitled to representation on the Shelter Board, and said defaulting party shall thereafter be denied service by the Shelter. Further, the Licensing Administrator shall no longer provide licensing services to said defaulting party. The defaulting party whose participation is terminated under this section of this Agreement shall forfeit all right, title, and interest in and to an y funds in the Dog Licensing Fund or any right, title or interest in and to any property of the Shelter to which said party may otherwise be entitled upon the dissolution of this Agreement. If a party is in default of this Agreement for any reason other than 1 I nonappropriation of funds for payment of an assessment to the County or payment to the Licensing Administrator for placement in the Dog Licensing Fund , termination of the defaulting party 's participation in the Agreement shall not rei ieve the defaulting party of the obi igation to make the payments to the County as provided in Part 3 or the Licensing Administrator for placement in the Dog Licensing Fund as provided in Part 2 , Article V that were due prior to the defaulting party 's termination. This Section is not intended to limit the right of any party under this Agreement to pursue any or all other remedies it may have for breach of this Agreement. A party who fails to make the payments required by Part 2 or 3 for any reason other than nonappropriation of funds shall be obligated to pay all costs of collection of said payment, including reasonable attorneys ' fees. A municipal party who fails to make the payments for any reason other than nonappropriation of funds shall be obligated to pay interest at a default rate of I 0% plus all costs of collection of said payment, including reasonable attorneys ' fees. B. PAYMENT DEFAULT/ COPs. In the event any municipal party fails to make the payments to the County when due other than for non appropriation as set forth in Part 3 Section D that municipal party shall be in default. In the event of a payment default or non appropriation by any ofthe municipal parties , the remaining municipal parties and County shall be responsible for the debt service amount owed by the defaulting or non appropriating municipal party or parties in the same ratio calculation set forth in Part 3 except the ratio shall be calculated without the defaulting party or parties inclusion in the ratio. C . PAYMENT DEFAULT/ $1.5 MILLION. In the event Arvada , Lakewood , Wheat Ridge , Golden or Westminster fails to make the payments to the County when due other than for non-appropriation as set forth in Part 3 Section C the municipal party who fails to make a timely payment shall be in default. In the event of a payment default or non appropriation by Arvada. Lakewood. Wheat Ridge, Golden or Westminster, the remaining municipal parties shall be responsible for the debt service amount owed by the defaulting or non appropriating municipal pa11ies as provided in the Facility Funding lGA. II. TERM, RENEWAL AND TERMINATION OF AGREEMENT A. TERM AND RENEWAL OF AGREEMENT. This Agreement shall be in full force and effect for a term of 50 years from July I , 2012 or until sooner terminated by two-thirds of the parties hereto , and the parties entering into this Agreement shall have the option to extend this Agreement by amending this Agreement pursuant to Part 4 , Section Ill. B. CONTINUATION OF SHELTER OPERATION /FEES FOR NON-PARTIES. All property and animals shall remain in the Shelter under the terms of this new Agreement. Entities not parties to this Agreement who have animals at the Shelter that were placed at the Shelter by the entity or residents living within the boundaries of the entity on effective date of this Agreement shall pay a fee as set by the Shelter Board which may be per animal per day as long as said animal remains at the Shelter. C. TERMINATION BY WRITTEN NOTICE. This Agreement, or any party 's participation in this Agreement, may be terminated effective by written notice from the party or 12 parties to the Shelter at least 180 days prior to January I st of any given year. Any party terminating its participation pursuant to this provision shall not be entitled to any reimbursement for said parties' contributions to the County, the Shelter or the Licensing Administrator for capital costs, assessments or any operating costs previously paid by said party or any dog licensing fees previously paid by its residents. Such party shall be entitled to be readmitted to the membership ofthe Shelter if approved by the Shelter Board and ifthe terminated party has paid all dollar amounts the terminated party is in arrears under the terms of this Agreement. D. TERMINATION WITHOUT REQUIRED NOTICE. In the event that any party hereto elects to terminate its participation in this Agreement prior to the end of any period of this Agreement and not in accordance with subsection C of this section, such party shall be considered in default of this Agreement and accordingly shall forfeit its entire contribution to the Shelter. Upon default, the defaulting party shall forfeit all privileges and property that such party obtained as a result of its membership in this Shelter. Should a defaulting party, at some later date, seek readmission to the membership of the Shelter, such party shall be required to meet the requirements and contributions of any new party seeking membership pursuant to the terms of this Agreement. E. POWERS OF SHELTER UPON TERMINATION BY TWO-THIRDS. Upon termination by mutual agreement of two-thirds of the parties to this Agreement, the powers granted to the Shelter under this Agreement shall continue to the extent necessary to make an effective disposition of the property, equipment, and animals under this Agreement. If the Agreement is terminated the Shelter and the County shall cause the Lease Agreement with the County to be terminated. F. STATUS OF LEASED PREMISES UPON TERMINATION BY TWO-THIRDS/ PAYMENT OF SHELTER LIABILITIES. Upon termination of this Agreement by mutual agreement of two-thirds of the parties hereto, the Lease Agreement shall terminate in accordance with its terms and improvements thereon located in Jefferson County, shall revert to Jefferson County for its use and ownership. Any cost for liabilities incurred by the Shelter during the termination ofthis Agreement and as an expense of termination shall be borne by each party to the Agreement in the same proportion as it is required to contribute to the assessments in Part 3 Section 11 , whether such assessments have terminated or not except, if the debt service on the COPs is not fully paid. the County shall not pay any part of the remaining Shelter liability and the proportion of each municipal party shall be adjusted to pay the full amount of the Shelter liability without the County participation. G. TERMINATION FOR REASON OTHER THAN NONAPPROPRIATION. Termination of the Agreement for any reason other than nonappropriation offunds shall not relieve the terminating party of the obligation to make the payments to the Licensing Administrator as provided in Part 2 or pay the party's assessment to the County as provided in Part 3. H. DISBURSEMENT OF FUND UPON TERMINA TJON. If this Agreement is terminated , the Licensing Administrator shall first pay the County any monies it holds from the 13 dog licensing revenue. except its costs of administration prior to termination of the Agreement, to pay the County for the cost of any remaining debt service on the COPs issued to pay for the cost of constructing the Facility. The Shelter shall pay any funds it holds beyond its expenses incurred prior to the termination of this Agreement to the County to cover any remaining cost of the debt service on the COPSs. This provision and the provisions of Part 2. Article II, Section B ; Part 2 , Article V; Part 3. Article II; Part 4. Atticle I. Section A , Band C and Article II., shall survive termination of this Agreement. III. AMENDMENT This Agreement may be amended at any time in writing by agreement of all the parties to this Agreement except that the Agreement may also be amended as set for the in Part 4 , Section X. IV. SEVERABILITY CLAUSE If any provisions ofthis Agreement or the application thereofto any party or circumstances are held invalid. such invalidity shall not affect other provisions or applications of the Agreement which can be given effect without the invalid provision or application, and to this end. the provisions of the Agreement are declared to be severable. V. COUNTERPARTS This Agreement may be signed in counterparts. and each counterpart shall be deemed an original , and all the counterparts taken as a whole shall constitute one and the same instrument. The Agreement shall not be effective until executed by all parties. VI. NO THIRD PARTY BENEFICIARIES Except as otherwise stated herein , this Agreement is intended to describe the rights and responsibilities of and between the parties and is not intended to, and shall not be deemed to , confer rights upon any persons or entities not named as parties, limit in any way governmental immunity and other limited liability statutes for the protection of the parties. nor limit the powers and responsibilities of any other entity not a party hereto. Nothing contained herein shall be deemed to create a partnership or joint venture between the parties with respect to the subject matter hereof. VII. SUPERSEDES AND AMENDS PRIOR AGREEMENTS This Agreement supersedes and replaces all prior agreements dealing with formation of the Shelter including but not limited to the Intergovernmental Agreement dated for reference purposes only January I. 1998. and the Intergovernmental Agreement for the County Wide Licensing Program dated for reference purposes only June 20, 2007 and any amendments to those agreements. The Facility Funding IGA shall remain in full force and effect except as amended herein. To the extent Facility Funding IGA says the County is solely respon s ibl e for 14 the Facility Debt Service for the COPs the Facility Funding IGA is amended by Part 3 Article li(C). VIII. NONDISCRIMINATORY POLICY The Shelter shall make its services, facilities , and programs available to all persons regardless of race , color, age , creed , national origin , sex, or disability. IX. NO GENERAL OBLIGATION INDEBTEDNESS Because this Agreement will extend beyond the current fiscal year, the parties understand and intend that the obligation of the parties to pay any costs hereunder constitutes a current expense of the parties payable exclusively from the parties ' funds and shall not in any way be construed to be a general obligation indebtedness of the parties within the meaning of any provision of Article XI of the Colorado Constitution , or any other constitutional or statutory indebtedness. None of the parties has pledged the full faith and credit of the state, or the parties to the payment of the charges hereunder, and this Agreement shall not directly or contingently obligate the parties to apply money from , or levy or pledge any form of taxation to , the payment of any costs. X. JOINDER OF THE CITY OF EDGEWATER All parties agree that the City of Edgewater ("Edgewater") may become a party to this agreement by adopting a dog license ordinance in compliance with the terms of this Agreement and Edgewater's properly executing this Agreement in counterpart. Upon Edgewater's execution of a counterpart of this Agreement the parties and Edgewater agree that this Agreement shall be deemed amended with Edgewater being deemed a party to this Agreement and Edgewater being subject to all the tenns and provisions of this Agreement except Edgewater shall not be responsible for payment under the terms of the Facility Funding IGA without amendment to the Facility Funding IGA as provided therein. Calculation for the Compliance Rate for Edgewater shall be prorated for the first year from the date Edgewater executes the Agreement until the following June 301h. 15 IN WITNESS WHEREOF, the parties have executed this Agreement . ATTEST: Deputy Clerk and Recorder APPROVED AS TO FORM: Gay Ummel Assistant County Attorney JEFFERSON COUNTY , STATE OF COLORADO By ______________________ __ Donald Rosier, Chairman Board of County Commissioners Date: __________ _ 16 ATTEST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CITY OF ARVADA , STATE OF COLORADO By ____________________ __ Name & Title: ------------ Date: ------------------ 17 ATTEST: City Clerk APPROVED AS TO FORM: Office of the City Attorney CITY OF LAKEWOOD STATE OF COLORADO By ____________________ __ Name & Title: ------------ Date : ------------------- 18 ATTEST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CITY OF GOLD EN STATE OF COLORADO By~--~---------------­ Name & Title: ------------- Date: ------------------- 19 ATTEST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CITY OF WHEAT RIDGE STATE OF COLORADO By ____________________ __ Name & Title: ------------ Date: ----------- 20 AITEST: City Clerk APPROVED AS TO FORM: Office ofthe City Attorney CITY OF WESTMfNSTER STATE OF COLORADO By ____________________ __ Name & Title: -------------- Date: ------------------- 21 ATTEST: City Clerk APPROVED AS TO FORM: Office of the City Attorney CITY OF EDGEWATER STATE OF COLORADO By ____________________ ___ Name & Title: -------------- Date: -------------------- 22 ... ~ ~ .( .. _ ~ City of • :P'WheatRi_dge ITEM NO: _1_&. DATE: July 23, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-12-23 TO FRONTIER MECHANICAL, INC., ENGLEWOOD, COLORADO, IN THE AMOUNT OF $106,500 FOR THE COMPUTER ROOM AIR CONDITIONING (CRAC) UNITS AND INSTALLATION PROJECT AND ALLOW A CONTINGENCY AMOUNT OF $10,650 D PUBLIC HEARING [gj BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES [gl NO J{{_ULIAA - The scope of work for this project includes providing all labor, equipment and materials to arrange for a turn-key installation of new computer room air conditioning (CRAC) units in the City Hall data room and the Police Department data room. Work shall include electrical and mechanical modifications and the removal of the existing cooling unit in the Police Department space. The scope also includes the addition of an occupant cooling unit for the staff that is housed in the data room. On June 20, 2012, four bids were received for the project. The low bid proposal was reviewed for meeting the scope of work , references were checked and the vendor is able to meet all deadlines. Staff recommends award to Frontier Mechanical , Inc. of Englewood CO. PRIOR ACTION: None Council Action Form July 23 , 2012 Page 2 FINANCIAL IMPACT: $135 ,400 was appropriated in the General Fund budget, account #0 1-118-800-812, for this project. The appropriated amount will cover the $106,500 cost of the project plus allow for contingency of $10,650. BACKGROUND: The Wheat Ridge Municipal Building was built in 1978. Since that time technology has changed tremendously and the Information Technology Division has expanded to include two computer server rooms-one for the administration section of the building and the other for the Police Department section of the building. The HV AC units that are currently in use are not commercial units and are not capable of cooling the rooms adequately due to the heat generated by the server equipment. The heat generated in the server rooms shuts down the servers, which shuts down the computers, and causes disruption of Police Department and City Administration operations. RECOMMENDATIONS: Staff recommends approval of this award. RECOMMENDED MOTION: "I move to award ITB-12 -23 to Frontier Mechanical, Inc. of Englewood , Colorado, in the amount of$1 06,500 for the Computer Room Air Conditioning (CRAC) Units and Installation Project, and to approve a contingency in the amount of$1 0 ,650." Or, "I move to deny award of ITB-12-23 to Frontier Mechanical, Inc., Englewood, Colorado for the Computer Room Air Conditioning (CRAC) Units and Installation Project 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 Tabulation Sheet PROJECT: ITB-12-23 CRAC Units and Installation DUE DATE/TIME: WE DNESDAY, JUNE 20, 2 0 12 BY 2 P.M. LOCAL TIME Energy Servi ces of Pasterkamp Heati ng & VENDOR Colorado A/C LOCATION Westminster, CO Denver, CO :. ' ' ! ~: :.;.:·i '1 :~'~~ t~~:IH!il'l !1li t~H·Im:til~1~!m·~~~~ !1.1~ !m 11~ :!~~~~.~J::f!Uf.j ~~~ !m SIGNATURE PAGE YES YES ACKNOWLEDGE ADDENDUM 1 YES YES CONTRACTOR 'S QUALIFICATION FORM YES YES CONTRACTOR LICENSES YES YES ILLEGAl ALIEN COMPLIANCE YES YES LIST OF SUB -CONTRACTORS YES YES NON -COLLUSION AFFADAVIT YES YES BID BOND YES YES BASE BID, Mechanical: s 103,316.00 s 107,787.00 BASE BID, Electrical : s 31 ,325.00 $ 10,350.00 BASE BID, TOTAL: $ 134,641.00 $ 118,137.00 Add Alternate #1, Mechanical : s 10,381.00 s 7,757.00 Add Alternate Ill, Electrical : $ 14,655.00 $ 3,450.00 Add Alternate #l, TOTAL: $ 25,036.00 $ 11,207.00 Add Alternate #2 , Mechan ical: $ 2,178.00 s 2,841 .00 Add Alternate #2, Electri cal : $ 1,847 .00 $ 1,300.00 Add Alternate #2, TOTAL: $ 4,025.00 $ 4,141 .00 page 1 of l ... .. c ., E RE QUESTED BY: MIKE FAREll, FACILITIES and MIKE STEINKE, I~ _jJ./../l "5 OPENED BY: JENNIFER NELLIS, PURCHASING AGENT'f I'·. I ,! WITNESSED BY: DENISE WOOD, PURCHASING TECHNICIAN ~\ C W hitney Mechanica l Inc. Fronti er Mechamca l, Inc. Englewood , CO Englewood, CO M ~lt!i:H.~:M !~.!1.~:~!i.:t:t,l1 I lli\hUII~:!H~Jil 1.~1~!! li·~:!1n.~.!~;~.:~H !f~·:1·~l;{.;·i YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES YES $ 83 ,530.00 s 78,000.00 $ 24,420.00 s 10,800.00 $ 107,950.00 $ 88,800.00 $ - s 10,600.00 s 10,800.00 s 5,500 .00 s 1,100.00 $ 16,100.00 $ 11,900.00 $ - $ 790 .00 $ 3,700.00 $ 870.00 s 2,100.00 $ 1,660.00 $ 5,800.00 $ - "~~~ ... * " City of • JP'Wheat.Ri___dge ITEMNO:_M . DATE : July 23 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFB-12-27 TANDEM EQUIPMENT UPFIT TO LAYTON TRUCK EQUIPMENT COMPANY OF COLORADO SPRINGS, COLORADO, AT A TOTAL COST OF $78,425 0 PUBLIC HEARING [g) BIDS/MOTIONS 0 RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES The Public Works Department is proposing purchase of various snow removal equipment, including dump body, lighting and hydraulics, to be installed on the new tandem cab and chassis approved by the City Council last February. The total expense of the various equipment, lighting and hydraulics is not to exceed $78 ,425. PRIOR ACTION: Purchase of a new plow truck cab and chassis was approved by the City Council on February 27 , 2012. FINANCIAL IMPACT: The funds for the purchase of this equipment are budgeted in the 2012 Public Works Department General Fund Budget , account number 01-303-800-807, Fleet Replacement. BACKGROUND: Truck Unit #247 is being replaced this year. The cab and chassis were ordered in February from McCandless Truck Center LLC for $102 ,313 , based on a state price agreement. Specifications for a dump body, snow plow , lighting and hydraulic system were prepared for use by the City. Bids received for RFB-12-27 , Tandem Equipment Upfit were opened on Wednesday, June 13 , 2012. Three bids were received. The apparent low , fully-responsive bidder was Layton Truck Equipment Company of Colorado Springs, Colorado. Council Action Form July 23 ,2012 Page 2 RECOMMENDATIONS: Based upon the compliance with bid specifications, Staff recommends award to the low bidder, Layton Truck Equipment Company for the designated equipment. RECOMMENDED MOTION: "I move to award RFB-12-27 , Tandem Equipment Upfit to Layton Truck Equipment Company of Colorado Springs, Colorado for a total cost of$78 ,425." Or, "I move to deny award ofRFB-12-27 , Tandem Equipment Upfit to Layton Equipment Company of Colorado Springs , Colorado for the following reason(s): ___________ _ " REPORT PREPARED/REVIEWED BY: Greg Knudson , Operations Manager Tim Paranto , Public Works Director Jennifer Nellis , Purchasing Agent ATTACHMENTS: I. Bid Tab Summaries PROJECT: RFB-12-27 TANDEM EQUIPMENT UPFIT DUE DATE/TIME : WEDNESDAY JUNE 13, 2012 BY 2 P.M. LOCAL TIME Layton Truck Equtpment VENDOR Company, LLC LOCATION Colorado Springs, CO BIDDER INFORMATION FORM yes ACKNOWLEDGEMENT OF ADDENDA(#) N/A DETAIL OF WARRANTY yes REFERENCES yes RESPONSE TIME/SERVICE yes PRICING : MUL TI ·P URPOSE DUMP BODY : s 28,775.00 SNOW PLOW PACKAGE . $ 7,625.00 LIGHTING PACKAGE : s 1,450 00 HYDRAULIC PACKAGE · s 19,950.00 INSTALu'\TION COST OF ABOVE ITEMS : s 12,075.00 SUBTOTAL: s 69,875 DO OPTIONS: GSO ST£EL CONVEYOR COVER · s 675.00 CONVEYOR COVER INSTALLATION : $ . REAR-MOUNTED SIDE DELIVERY UNIT · $ 6,625.00 SIDE D(LIVERY UNIT INSTALLATION: $ 1,250.00 SUBTOTAL: s 8,550 TOTAl COST, W/OPTIONS AND INSTALLATION: $ 78,425 00 Macdonald Equtpmeot Company Commerce City, CO yes N/A yes yes yes $ 42,944 .00 $ 9,964.00 $ 896 00 s 23,091.00 s - $ 76,895.00 s 475.00 $ . s 6,243.00 $ 600.00 $ 7,318 s 84 ,213 .00 Pagr 1 nfl 'I"' .. c • REQUESTED BY: GREG KNUDSO fiE OPENED BY: JENNIFER NElliS, PURCHASING AGEN "Jfi WITNESSED BY: KAREN VAN ERT, EXECUTIVE ASSISTA Nlj! ; 0 J Watson Company. Inc Denver, CO yes N/A yes no no $ 38,354.00 s 10,282.00 s 880.00 s 23,039.00 $ - s 72,555 .00 $ . s - $ 810.00 s . $ 5,550.00 s - s 6,360 s $ s 78,915 .00 s -$ . ~ '~ .. .. ~ " City of • :?WlieatRi_dge ITEM NO: _L_d . DATE: July 23 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD THE RFQ-JN-12-24 KIPLING TRAIL DESIGN CONTRACT TO BOHANNAN HUSTON, ENGLEWOOD, CO, IN THE CONTRACT AMOUNT OF $197,533.02, AND TO APPROVE A CONTINGENCY AMOUNT OF $40,000 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: 0 YES ~~ /\-~ Director of Public Eft City Manager ISSUE: The City was awarded funding for a multi-use trail project on Kipling Street from 32"d A venue to 441h Avenue through the Denver Regional Council of Government (DRCOG) Transportation Improvement Program (TIP) in March 2011. The project includes the construction of a trail to accommodate pedestrians and bicyclists. The federal grant will provide $2,473 ,000 to assist in funding the estimated $3 ,178 ,000 project. The Colorado Department of Transportation (CDOT) will administer the project 's federal funding, while the City will manage the project design and construction. Bohannan Huston has been selected by the established procurement process to perform the needed design tasks for an amount of$197,533 .02. PRIOR ACTION: An Intergovernmental Agreement (IGA) with CDOT was approved by resolution on October 10, 2011 to authorize the project. FINANCIAL IMPACT: Funding for this program has been approved in the Kipling Pedestrian Improvements line item of the 2012 Capital Improvement Program Budget in the amount of$273,000. Council Action Form July 23 , 2012 Page2 BACKGROUND: In October 2010 the City applied to the DR COG for federal transportation funds available for fiscal years 2012 through 2017 to help finance the construction of a multi-use trail on Kipling Street from 32"d to 44th Avenue. DRCOG awarded the grant application in March of2011. This project will provide a new pedestrian and bicyclist facility which will connect Crown Hill Park, Discovery Park, the Wheat Ridge Recreational Center and the Clear Creek Trail. This facility will also improve the safety of pedestrians and bicyclists along Kipling Street as a result of a new wide trail. The proposed trail construction is within the guidance of the City's Bike and Pedestrian Master Plan. The total project amount is estimated at $3 ,178 ,000. The City will receive a federal grant in the amount of $2 ,473 ,000, with the City providing the local project matching funds in the amount of $705 ,000. The project design and construction are budgeted as 2012 and 2013 expenditures , respectively. COOT will perform the contract oversight concerning federal and state regulations and the City will design and administer the construction of the project. The City will be reimbursed the full federal share of the cost of the project, not to exceed $2 ,473 ,000, upon project completion . The executed IGA with CDOT as referenced above stipulates that the City finance the cost of the project, with CDOT reimbursement of 78 % of the costs, not to exceed $2 ,473 ,000. The City is responsible for completing the construction plans and obtaining all required clearances for utilities, en vironmental approval s and right-of-way acquisitions. The design is planned for 2012 with construction in 2013. City staff will perform the trail design and administer the project. The selected consultant will be assisting City staff in performing some aspects of the project design , such as structural design of a pedestrian bridge, modification of two culvert crossings , assistance in obtaining environmental clearances, and property acquisition assistance that will include easements and /or right-of-way. On June 7 , 2012 , three proposals were received from consulting finns . Based on the review of the proposals , the highest ranked finn was Bohannan Huston , Englewood , CO. Final selection was based on qualifications , project approach , innovative ideas , the project team and experience on previous projects. Appropriate fees for the work were then negotiated. The proposal also includes additional services that may be needed in the event that additional requirements are warranted to complete the project clearances , which includes but is not limited to environmental , utility, land surveying and right-of-way acquisition. Staff recommends that $40,000 , approximately 20% of the base contract , be allocated as design contingency, should additional services be required during the design process. RECOMMENDATIONS: Consultant selection was based on qualifications , project approach experience and design knowledge of the roadway . Appropriate fees for the work were then negotiated . Staff recommends award of the Kipling Trail Project Design to Bohannan Huston in the amount of Council Action Fonn July 23, 2012 Page 3 $197,533.02 and a design contingency of $40,000, and that the Director of Public Works be authorized to issue change orders up to a total contract and contingency amount of$237,533.02. RECOMMENDED MOTION: "I move to award RFQ-JN-12-24, Kipling Trail Design contract to Bohannan Huston, Englewood, CO, in the amount of$197,533.02 , with a contingency amount of$40,000." Or, "I move to deny contract award of RFQ-JN-12-24, Kipling Trail Design to Boharman Huston, Englewood, CO, for the following reason(s): " REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Jennifer Nellis, Purchasing Agent Tim Paranto , Director of Public Works ATTACHMENTS: I. Bohannan Huston Scope of Services 2. Project Cost Worksheet 3. Fee Proposal EXHIBIT B Engineer's Scope of Services Wheat Ridge Kipling Street Multi-Use Path: RFQ-JN-12-24 The Engineer shall render professional engineering services as described below: BASIC SERVICES The Engineer's Basic Services shall consist of the items described below. A. Environmental Services: Pinyon Pinyon understands that a Categorical Exclusion (Cat Ex) will be required to meet COOT environmental requirements. Pinyon will work with the City and COOT to meet the environmental documentation requirements as presented on COOT Cat Ex Determination Form #128. The Pinyon project team will gather data that has been previously collected within the project area . Pinyon is currently working on two COOT projects in the area, the 1-70 & Kipling Interchange Planning and Environmental Linkages (PEL) study and monitoring the Kipling bridges over Clear Creek and Lena Gulch for nesting swallows . The following tasks will be completed by Pinyon: 1. Wetlands Delineation Clear Creek, Lena Gulch, and/or Rocky Mountain Ditch are likely regulated by Section 404 of the Clean Water Act. If the project impacts wetlands, COOT would require mitigation. Pinyon will initially delineate potential Waters of the US and/or wetlands (wetlands) within the project area in accordance with U.S. Army Corps of Engineers (Corps) and COOT procedures. Pinyon will mark the boundaries of wetlands in the field with pin flags, which will subsequently be surveyed by the project team. The team will then utilize this information to avoid and/or minimize impacts to wetlands. A wetlands delineation results memorandum or report will be completed to document the existing Waters of the US and/or wetlands within the project area and outline permitting requirements based on anticipated impacts. 2. Senate Bill 40 Clearance Since the project includes construction of a new crossing over Clear Creek, a formal Senate Bill40 (SB40) Clearance from the Colorado Parks and Wildlife (CPW) will be required. Pinyon will coordinate with the design team and COOT to develop mitigation measures and prepare documentation. 3. Initial Site Assessment (ISA) COOT Form 881 will be completed to evaluate potential hazardous materials conflicts within the project area. An ISA is usually completed early in the project to identify general concerns, and if requested (see additional services) then the ASTM Phase I ESA can be competed once the exact ROW acquisition areas have been determined. Attachment 1 \\AwCO·FSl\Opt_Colorado\Buslness Oev\2013 Proposlfs\Wheat Ridge Kip tins Traii\Scope 1nd Fe e\SCope of Work 07 0912.doc Page 1 of 12 4. Biological Resources Report and Plant Survey This report will summarize biological resources within the project area including wetlands , noxious weeds , threatened and endangered species, and migratory birds . A survey for Ute-ladie 's tresses orchid and Colorado butterfly plant is included in the scope . 5 . Project Meetings Pinyon will attend three project meetings: Environmental Scoping Meeting/Kickoff, Field Inspection Review (FIR), and Final Office Review (FOR) meetings . Assumptions : • The City of Wheat Ridge will handle Section 4(f) requirements and COOT will complete documentation of historical, archaeological , and paleontological resources. • Pinyon assumes that one draft copy of each deliverable will be submitted for rev iew, followed by one final copy. All copies will be submitted in electronic format . B. Geotechnical Engineering Services: Geocal GeoCal understands the geotechnical scope of the project to include construction of a concrete paved trail from W. 32 "d Avenue toW. 441h Avenue on the eastern side of Kipling Street in Wheat Ridge, Colorado . Features will include construction of either a one or two span pedestrian bridge that will cross Clear Creek, stormwater utility modifications at the Lena Gulch Concrete Box Culvert and construction of a cantilevered slab at the Rocky Mountain Ditch Culvert to accommodate the trail, and tie-in with existing park trails located near W . 35t h Street and near Lena Gulch . The project will also include replacement of approximately 500 -feet of corrugated metal culvert drain pipe that starts at W . 35 th and outlets in the Rocky Mounta i n Ditch . The trail will consist of a ten foot wide concrete pavement that will have minimal traffic from maintenance vehicles (pick -up truck) for snow removal and landscaping work. Site grading is anticipated to be minimal with the trail constructed near or at existing site grades . The pedestrian bridge may have associated abutment and w i ng walls at the abutment locations. The following tasks will be completed by GeoCal: 1. Dr i ll three exploratory borings (one at each bridge abutment, one for the possible pier location). The borings will be conducted using an A TV -mounted drill rig to approximate depths of 40 -feet , depending upon location and depth to adequate bedrock . 2. Due to lim ited right -of-way and the presence of low overhead power lines, we will conduct seven shallow power-auger excavations (4 feet or less) along the multi-use path/trail to collect soil samples for pavement design and corrosion testing . Borings for the path/trail will be spaced at approximately 250 foot intervals for a distance of about 3,700 feet, we have assumed existing trails located along the existing parks will be utilized i n the project and will not require pavement design . 3. Personnel will complete all necessary permits through the COOT and the City of Wheat Ridge , and any other controlling agencies prior to drilling. 4. Field geologist w ill contact UNCC for utility locates prior to drilling and we have planned for one site meet to discuss utilities. \\A.C().fS110pt_Colorado\BuSilOSS Dev\2013 Proposals\Wheat Ridge Kiplng Traii\Seope and Fee\Scope of Wort 07 0912 .doc Page 2 of 12 5. Exploratory borings conducted at the bridge will be drilled using hollow-stem augers. After completion of the borings, we will make measurements of groundwater elevations, where encountered. 6. Borings will be backfilled using auger cuttings mixed with grout and bentonite after water measurement readings . 7. The soils (and bedrock) will be sampled using California and split spoon samplers using procedures similar to ASTM 01586. We will make note of any discolored, odorous, or otherwise uncommon soils encountered. We will obtain bulk samples from the bridge and power auger borings for pavement design purposes. We have also assumed that your office will provide either accurate contours of the site or surveyed elevations and locations of the exploratory borings. 8. A laboratory testing program will be conducted to evaluate the classification, strength, compressibility or swell characteristics, and other engineering properties for the soils/bedrock encountered . 9. The results of the field and laboratory investigations will be used to develop a geotechnical report which will include geologic conditions, pipe materials recommendations, foundation design recommendations, retaining wall recommendations, earthwork and excavation parameters, pavement design recommendations for the path, and general recommendations for the pedestrian bridge construction. This report will be provided during the Preliminary Design phase of the project. A draft report will be submitted and a final report will be submitted once comments have been received. 10. The field, laboratory and report preparation activities will be conducted under the supervision of a Colorado Registered Professional Engineer. Assumptions: • Access from private land owners will be completed by the City of Wheat Ridge if needed for borings. C. land Surveying Services: BHI Based upon the scope of work within the request for proposal and research conducted on the Jefferson County GIS Assessor's Website, it is our understanding the area of survey contains approximately 19 Parcels. BHI will provide the following professional land surveying services: 1. Route Survey a. Perform record research for COOT right-of-way plans and survey control diagrams, recorded subdivision plats, parcel descriptions and land survey monument records within the project limits. Also coordinate with client to obtain parcel data which they may currently have . 1\A.CQ.FSt\OpLCoio<ado\Busiless Dev\2013 Proposals\Wheat Ridge Kiping Traii\Scope and Fee\Scope of Wort 07 09 f2 .doc Page 3 of 12 b. Verify existing and establish additional horizontal and vertical survey control in conformance with the project datum, existing survey control as provided by the client. c. Conduct a field search for and identification of survey monuments and other physical evidence to establish the approximate location of property boundaries and rights-of-way within the project limits. d. Incorporate research documents into a base file CAD drawing for parcel configuration . All depicted rights-of-way and property-boundaries shown in the final base file CAD drawing will be based upon record information and rotated to the best available survey evidence recovered during the field survey. BHI will not perform a Right-of-Way or Boundary Survey as part of this Route Survey. If a possible area of concern is recognized the client will be notified and options to resolve will be discussed . The City of Wheat Ridge shall furnish the following information which is necessary to prepare the Route Survey: • Available record documents such as deeds, plats and easement data . • The project's survey control. • Permission to enter and survey the subject property. 2. Acquisition Parcel Survey Utilizing the Route Survey as described above, the City of Wheat Ridge will determine parcels from which property acquisition or easement will be required. For this scope of services, it is assumed that 9 parcels will be included . BHI will perform additional surveys to collect field data to fully describe the subject parcels and allow the City of Wheat Ridge to prepare easements or deeds for the acquisition parcels. The additional fieldwork will include location of all lot corners in the subject parcel, and the field data will be transmitted to the City of Wheat Ridge in autoCAD format. The scope of this task does not include preparation of a Land Survey Plat . If it is requested that BHI prepare a Land Survey Plat for the subject parcels, these services may be provided as an additional service . 3. Geotechnical Bores and Wetland Delineation BHI will provide one additional site visit to survey the horizontal and vertical location of the geotechnical bores and wetland delineations after the borings and delineations have been completed. We will field locate physical evidence (wooden stake, concrete nail, flagging, etc.) identifying the location to be easily identified in the field by the survey crew. BHI will prepare a report showing northing, easting and ground elevation data in Excel format and will also incorporate bore location data into the project Survey base file. This proposal includes a maximum of ten geotechnical bore locations to be surveyed. 1\A.CO.FSI\Dpt_Colorado\Busiless Dev\2013 Proposalsi'Mleat Ridge Klping Traii\Scope and Fee\Scope ofW<n 07 0912.doc Page 4 of 12 4. Project Meetings Prepare for and participate in project related meetings which involve land survey services with the Client and external project team members. This proposal reflects three survey related meetings. 5. Miscellaneous Use of Digital Data If Client or other interested parties request a computer disk of design data, BHI will furnish this data in disk form. Disks will include labeling to indicate that BHI is to be indemnified by the requesting party from any claims arising out of the accuracy, misuse or reuse by the requesting party of the data delivered. 6 . Extent of Agreement The scope of this agreement is for land surveying services within the project limits as defined above. Should additional surveys be required, the services associated with these will be defined as additional services to this scope of work. Furthermore, this agreement does not include: a. CDOT Right of Way Plans or Easement Descriptions and Exhibits (see additional services) b. Services associated with preparation for and attendance at public hearings . c. Geotechnical Boring layout and Construction layout surveying services. d. Training and/or certification associated with right-of-entry. e. Services required in connection with modification to, and removal of, any easements which may currently encumber the properties. f. Examination of a title commitment and associated exceptions . g. Resolution of existing legal descriptions, plats or surveys which contain patent and/or latent ambiguities. h. Preparation of additional legal descriptions and/or exhibits beyond those stated herein and preparation of Right-of-Way plan documents or Land Survey Plat . i. Survey monuments within traffic ways, asphalt and/or concrete which will require subcontractor services for boring, surface repair and/or traffic control. j. Location of the elevation of underground utilities through the use of potholing. k. As-built Surveys and/or letters of certification. I. Preparation or conversion of the survey data into a GIS software format. m. Re-establishment of boundary corner monuments, re-habilitation of Public Land Survey monuments. Preparation of land survey monument records. The items above are not included in our Base Services; however, they can be performed under additional services. D. Right of Way Acquisition Services: C2 Consulting C2 Consulting understands that the objective of the acquisition service is to obtain fee owned right of way for the 10-foot wide Multi Use Trail, based on plans to be provided by the City of Wheat Ridge . The project deliverable is defined as a completed acquisition package with recorded deed, title commitment, and agent logs. 1\A.CO.FS 1\DpLColorado\Bu...,ss Dev\2013 Proposals\Whea1 Ridge Kiplng Trai11Scope and Fee\Soope o1 Wor1< 07 09 12.doc Page 5 of 12 C2 will provide the following services in preparation of the deliverable: 1. Receive and review City of Wheat Ridge Multi-Use Trail Plans and topographic survey. 2. Build acquisition files (assessor's information, parcel sketch, agent's logs, purchase agreement, deed, W-9) per parcel and create line list. Identify permitting needs, (road crossings, ditch crossings, etc.) 3. Contact landowners to request permission to survey. 4. Order Title Commitments for each parcel to be acquired. 5. Receive/review legal descriptions of areas to be acquired for project. 6. Order appraisals of each property. (Assume Residential appraisals with only a small take and no damages to the remainder.) 5. Compile appraisal data and develop short value study. Review study with client to establish initial offers. 6. Obtain environmental clearance to proceed with acquisition 7. Finalize acquisition documents per acquisition 8. Prepare and negotiate permits as needed. 9. Meet with and negotiate with individual land owners 10. Contract and then close on parcels needed . 11. Complete monthly progress reports and transmit to BHI. 12. Attend two project meetings per month during the 4 month acquisition services window. 13. Administer permits and liaison with landowners during construction . 14. Close out project files and complete deliverables to the City. E. Structural Engineering Services for Clear Creek Bridge: BHI 1. Pre-Design a. Kickoff and Site Review, Progress Meetings, and Agency/Client Coordination A representative from the Structural Group will attend each design progress meeting-Total four. BHI-Structural will also coordinate with COOT's local liaison and COOT Bridge's representative for the project . Coordination with the City of Wheat Ridge will be made through the BHI Project Manager unless directed otherwise. b. Preliminary Horizontal and Vertical Bridge Alignment BHI -Structural will coordinate with the proposed trail alignment to evaluate the Clear Creek Bridge alignment, while considering required construction methods and accessibility to set a preliminary horizontal and vertical alignment. The hydraulics of Clear Creek will also be considered in setting the preliminary vertical alignment. c. Structure Selection Report In accordance with COOT processes, BHI -Structural will evaluate bridge options for crossing Clear Creek and present the findings and a recommended option in a Structure Selection Report (Microsoft Word 2010, and .pdf). Attendance at a COOT Bridge Review meeting is included if required. 1\A.CO-FS t\Dp\_Colofadol8usiless Dev\2013 Proposalsi'M>eat Ridge Kiping Traii\Scope and Fee\Scope of Wort 07 09 12.doc Page 6 of 12 d. Review and Coordination of Geotechnical Investigation Report BHI -Structural will coordinate preliminary bridge loading with the Geotechnical Engineer and review their preliminary and final reports. BHI will assess and validate the Geotechnical bridge foundation recommendations through continued coordination through Preliminary and Final Design . 2. Preliminary Design a. Final Structure Selection Report BHI-Structural will review, edit and finalize the report based on the City's and COOT's comments. (Microsoft Word 2010, and .pdf). b. Preliminary Bridge Design 3 . Final Design BHI -Structural will prepare preliminary bridge plans (AutoCAD 2009) identifying general construction notes, bridge plan, profile, typical section and miscellaneous elements associated with the bridge structure. Preliminary quantities will be prepared (Microsoft Excel 2010). BHI will coordinate with the City to determine the desired aesthetic look and will begin incorporating it into the plans for finalization in Final Design. Preliminary foundation types will be sized and shown in the plans for further detailing in the Final Design. Preliminary specifications (Microsoft Word 2010) will be prepared for the bridge. a. Final Bridge Design BHI-Structural will resolve preliminary review comments and prepare final bridge plans (AutoCAD 2009) identifying general construction notes, bridge plan, profile, typical section, superstructure, foundation and substructure details, and miscellaneous elements associated with the bridge structure. Final quantities will be prepared (Microsoft Excel 2010). Final specifications (Microsoft Word 2010) will be prepared for the bridge for inclusion in the contract documents by others. In accordance with COOT processes, BHI- Structural will prepare an independent structural calculation validation package for the bridge design and its quantities. This package (.pdf) will be submitted with the original calculations and quantities to COOT Bridge for review. Any resulting review comments will be resolved and a final stamped set of bridge construction plans (paper, .pdf) will be submitted along with final quantities (Microsoft Excel 2010, .pdf) and specifications (Microsoft Word 2010, .pdf). 4 . Bidding Assistance a. Bid Addenda and Response to Questions BHI-Structural will assist in responding to questions during the bidding process related to the bridge. Any responses will be incorporated into Bid Addenda prepared and distributed by others . 1\A.CO.FSt\OpLCoi>rado\Busiless Oev\2013 Proposals\Wleat Ridge Kiping Trair&:ope and Fee\Soope ofWortt 07 09 t2 .doc Page 7 of 12 F. Civil Engineering for Box Culvert Crossings and Project Management Services: BHI 1. Pre-Design a. Coordinate Multi-Use Path and Bridge/Culvert Alignment Based on the information in the site survey, the preliminary path alignment will be coordinated with the bridge alignment and culvert area modifications to establish the horizontal and vertical locations of the proposed facilities. BHI will determine optimum placement of the structures, develop cross-sections, determine the extents of abutment adjacent hardscape improvements, and define access to and from the bridge structure and around the culvert areas. Required guard railing will be depicted in a detailed layout. b. Geotechnical Coordination BHI will manage sub-consultant GeoCal to compile the required exploratory borings, foundation design recommendations, and trail section recommendation documentation for the project. c. Environmental Coordination BHI will manage sub-consultant Pinyon Environmental to compile the required environmental clearance documentation for the project. The project area is included in the previously prepared CDOT Planning and Environmental Linkage (PEL) for the area . Pinyon Environmental will review the PEL with a focus on the area of the project site, and work with the CDOT regional environmental manager to ensure that all required environmental documentation is complete . If additional studies, plans, tests, surveys, or reports are required; Pinyon Environmental will prepare these documents, and BHI will coordinate these efforts and ensure that required environmental documentation and clearances are in place for the project. 2. Preliminary Design b. Preliminary Site Grading I Connectivity Based on the horizontal and vertical alignments of the bridge and path facilities, a site grading plan will be developed to include one-foot contours and spot elevations at critical points . This plan will define the limits of disturbed area to be included in the erosion and sediment control plans . Bridge access paths and box culvert adjacent improvements will be designed to meet ADA slope requirements. Retaining walls will be placed as needed to maintain acceptable catch slopes, and railings will be designed in the appropriate location. c. Preliminary Hydraulic Design Report BHI will prepare a preliminary Hydraulic Design Report tailored to satisfy the specific requirements of this project. The preliminary report will contain hydrologic and hydraulic data, pertinent information taken from the field survey of the project area, applicable project photographs, preliminary calculations, and a preliminary drainage plan . d. Preliminary Culvert Area Construction Plans and Specifications Prepare preliminary construction plans and specifications for improvements to the areas adjacent to the Lena Gulch and Rocky Mountain Ditch \\A.CO.FS1\Dp1_Colorado\Busiless Dev\2013 Proposals\Wheat Ridge Kipi ng Trai\Scope and Fee\Scope ofWor1< 07 09 12.doc Page 8 of 12 3. Final Design crossings. At Lena Gulch, facilities in the area between the curb and the existing headwall will be relocated to provide adequate horizontal distance for the path, and the stormwater inlet and drainage will be reconfigured. At the Rocky Mountain Ditch, a reinforced sidewalk will be placed over the existing box to slightly cantilever over the ditch and provide the 10' width required. a. Final Site Grading I Connectivity Based on the final horizontal and vertical alignments of the bridge, culvert, and path facilities; a final site grading plan will be developed to include one- foot contours and spot elevations at critical points. This plan will define the limits of disturbed area to be included in the erosion and sediment control plans. Bridge access paths and box culvert adjacent improvements will be designed to meet ADA slope requirements. Retaining walls will be placed as needed to maintain acceptable catch slopes, and walls will be fully designed and detailed . b. Final Hydraulic Design Report The final Hydraulic Design Report will expand on the information provided in the preliminary report. The final report will follow the UDFCD Storm Drainage Criteria Manuals and include all items requested in the COOT Drainage Design Manual. The following major sections will be included: • Project Introduction with area map and detailed site location • Hydrology with drainage basin map and descriptions, precipitation data, design event frequencies, and calculation of design discharges. • Summary of existing drainage system and structure descriptions and capacities • Recommended design discussion including that influenced factors, need for drainage improvements, and NPDES compliance. c. Culvert Area Construction Plans and Specifications Prepare construction plans and specifications for improvements to the areas adjacent to the Lena Gulch and Rocky Mountain Ditch crossings . Plans include sheets depicting removals, area layout and grading, and details . At Lena Gulch, facilities in the area between the curb and the existing headwall will be relocated to provide adequate horizontal distance for the path, and the stormwater inlet and drainage will be reconfigured . At the Rocky Mountain Ditch, a reinforced sidewalk will be placed over the existing box to slightly cantilever over the ditch and provide the 10' width required . d. Engineers Estimate of Probable Construction Costs Prepare a detailed engineers estimate of probable construction costs for the bridge over clear creek and the modifications at the 2 culvert crossing locations using COOT Unit Bid prices. \IA.CO.FS1\DpLColorado\Bus.iless DeV\2013 Proposals\Wheal Ridge Kiping Traii\Scope and Fee\Sa>pe ofW<rt 07 0912.doc Page 9 of 12 4 . Bidding ADDITIONAL SERVICES a. Pre -bid Conference Assistance Attend the pre-bid conference, and prepare distribution of presentation materials as requested . b. Bid Addenda and Response to Questions Provide clarification of the contract document's intent during the bidding process and determine the need for issuance of addenda . A. Environmental Services: Pinyon The following service s may be required , but are not included in the services noted above : 1. Wetlands Documentation and Permitting Depending on the impacts to wetlands, a COOT Wetland Fi nding and/or Co r ps permit may also be required . Pinyon will complete as needed . 2. ASTM Standard Phase I Environmental Assessment(s) (ESA) Prior to any ROW acquisition , an option for completion of this more detailed assessment is provided as a separate cost . Since the ASTM Phase I ESA is only valid for six months, an ISA is usually completed early in the project to identify general concerns and then the ASTM Phase I ESA is competed once the exact ROW acquisition area has been determined. B. Land Surveying Services: BHI 1. Land Survey Plat This Land Survey Plat (LSP} will be a certified boundary survey and will comply with Article 51 , CRS (Colorado Revised Statutes), which define the requirements of a survey when property lines or corners are used , established or determined . The Surveyor's Statement on this survey is limited to the standard language taken from Article 51, CRS and State Board of Registration Rules . It is our understanding 9 separate parcels of land will be affected, thus, requiring the preparation of nine individual LSP's . The LSP will include the follow i ng : a. A d i ligent search for and identification of monuments and other physical evidence that could affect the location of the boundaries. Compare and analyze all of the data gathered and reach a professional opinion as to the most probable location of the corners of the property or the adjoining rights -of-way . Reference to all survey monuments found as they relate to the subject parcel and a description of each. If the survey reveals differences from prior record information in regard to course , distance or quantity of the boundary, both record data and as-measured data determined from the BHI survey will be labeled. b. Graph ic depiction or notation of easements and road/street right-of-way affecting the subject parcel as disclosed by the Title Commitment. c. The f i nalized LSP 's will be deposited with the Jefferson County Clerk and Recorder and become public information (CRS 38-50-101}. 1\A.CO-FS 1\0plColorado\Busiless Dev\2013 Proposals\Whea1 Rodge Kiplng Trai1\Scope and Fee\Soopo o1 Wort 07 09 12.doc Page 10 of 12 2. Easement Description with Exhibit BHI will prepare nine parcel descriptions, with exhibits, defining areas which require easements or additional rights-of-way. These future locations will be based on BHI's field survey data, recorded documents and placement by the design team. The final documents will be recorded with the Jefferson County Clerk and Recorder and become public information 3. COOT Right-of Way Plans This COOT Right-of-Way (R .O.W .) plan set will incorporate nine parcels . This plan set will be a certified survey and will comply with COOT's survey manual and Article 51, CRS (Colorado Revised Statutes), which define the requirements of a survey when property lines or corners are used, established or determined. The Client shall furnish the following information which is necessary to prepare the R.O.W. plan set: a. A copy of a current Title Commitment for the COOT R.O .W., property or properties affected by the project, including legible copies of record documents referenced in the vesting deed, adjoining deeds, Schedule A and Schedule B-2, Exceptions . b. Any additional agreements between parties . The R.O.W. plan set will include the following: a. COOT required sheet sets and survey information depicted as related to a formal R.O .W. plan set, including; Tabulation of Properties, Project Control Diagram, Land Survey Control Diagram with tabulation of survey monuments to be set. b . Graphic depiction or notation of easements and road/street right-of- way affecting the subject parcel as disclosed by the Title Commitment. c. The finalized R.O .W. plan set will be deposited with the Jefferson County Clerk and Recorder and become public information (CRS 38-50- 101). 4. Utility Potholing Utility Potholing services and potholing surveying is not included but can be provided if deemed necessary. 5. Utility Certification and Utility/Special Use Permit BHI will prepare utility certification letter text to be printed on City of Wheat Ridge letterhead and signed by the City. In addition, BHI will prepare and submit a Utility/Special Use Permit Application for the project. The permit application requires submittal documents including a letter of request, plans indicating adjacent right of way lines and distances to intersecting streets and mile posts, a traffic control plan, evidence of permittee insurance, and appropriate environmental clearances. 1\A.CO.FS 1\DplColorado\Busiless Dev\2013 Proposals\Whea1 Ridge Klping Trai1\Scope and Fee\Soope of Wor1< 07 09 12.doc Page 11 of 12 6. Construction Phase Services a. Review Shop Drawings and Product Information b. Review the construction contractor's shop drawings for conformance and compliance with the contract documents. c. Requests for Information -Provide technical assistance to City project personnel on an as-needed bas is. This service shall include, but not be limited to, the following: d. Respond to questions in the field that arise relative to the plans , details or special provisions e. Provide engineering and drafting services for design revisions required due to changes in construction or field conditions . f. Site visits at the request of the City. \\A.CO.FSI\OpLColorado\Bus.lness Dev\2013 Proposals\1\lleal Ridge Klplng Trai\Scope and Fee\Soope or Wort< 07 09 12.doc Pa ge 12 of 12 PROJECT COST WORKSHEET (COST PLUS FIXED FEE) Project umber Location Finn Name arne of Prcparer Scope of Work Date CITY OF WHEAT RIDGE KIPLING M U LTI-USE PATH Region 6 Bohannart Huston, Inc. ~M:.:::ar~k~A.::·...:W.::•::s~t,~P_:..E::·:..._ _____ Phone no. 303-799-5103 7/9/2012 Type of Proposal : COST PLUS FIXED FEE Contract time ------ l A. LABOR RATES: (a) (b) (c) Direct Salary Indirect Cost Labor Rate Employee Namt Employee Classification Cost/Hour (%) $/Hour MELVIN H. DAHLBERG Engineer6 560.44 172.23% $164.54 SEAN MELVILLE Engineer 5 $42 .32 172.23% $115.21 MARK WEST EngineerS $42 .06 172.23% $114 .55 TANDY FREEL Engineer 4 $34.56 172.23% $94.06 AMANDA WHITE Engineer 3 $29.68 17223% $81 .34 DAVID JOHNSON Engineer 2 $29.64 172.23% $80.69 JOHN DOTY Surveyor 5 $43.28 172.23% $117 .82 DENNIS SARRACINO Engineering Tech 3 $19.04 172.23% $51 .83 TERRY GONZALES Engineering Tech 7 $26.60 17223% $72 .41 SHAWN BURKEEN Survey Tech 5 $25.16 172.23% $68.49 WILL LYON Survey Tech 4 $24 .00 172.23% $65.34 BREENA ALDERETE Admin AssistantS $24 .04 172.23% 565.44 ALAN BENHAM Surveyor6 SS6 .88 172.23% $154 .64 Labor Rate ($/Hour) (c)= ax (b + 1) NOTE: Uems 1A, 3 aad 4 (as appUcable) are prepared to submit rates. Items 18, 1, 3 aad 4 (as applicable) are completed to compute a project cos JB . LABOR COSTS: LABOR ESTIMATED ESTIMATED RATE NUMBER OF COST PER EMPLOYEE NAME EMPLOYEE CLASSIFICATION SlliOUR WORK HOURS EMPLOYEE (from lc) MELVIN H DAHLBERG EngineerS $164.54 29 $4 ,771 .54 SEAN MELVILLE EngineerS $115.21 206 $23,732.79 MARK WEST EngineerS $114.55 242 $27 ,72216 TANDY FREEL Engineer4 $94.06 214 $20,133.70 AMANDA WHITE Engineer 3 $91 .34 49 $3 ,985.77 DAVID JOHNSON Engineer2 $80.69 56 $4,518.58 JOHN DOTY Surveyor 5 $117.82 35 $4,123.74 DENNIS SARRACINO Engineering Tech 3 $51 .83 120 $9,219.91 TERRY GONZALES Engineering Tech 7 $72 .41 80 $5,793.05 SHAWN BURKEEN Survey Tech 5 $68.49 123 $9,424 .65 WILL LYON Survey Tech 4 565.34 109 $7 ,121 .54 BREENA ALDERETE Admin Assistant 5 565.44 38 $2,486.98 ALAN BENHAM SurveyorS $154.64 3 $464.53 TOTAL LABOR $119.498.84 (•) feat•e blank for /l Oll-projeCt spectflc or 11011-tas k Spectjic COlli rae/ Attachment 2 2. FEE (10% X Section I B.) JA. OTHER DIRECT COST RATES (I -HOUSE): ITEM Per d iem Mileage . Print ing .. Ot her (Survey Eq uip .. Materials, Purchase Public Records) ESTIMATED 'ITS 0 135 1 38. OHlER DIRECT COST RATES (OUTSIDE): ITEM ESTI 1ATED UNITS Per d iem 0 Mileage . 0 Ot her .. 0 s s s s $ $ $ FIXED FEE 11.949.88 u IT ESTIMATED RATES COST 140.00 s 0 .51 s 689.0 1 500.00 s 500.00 3.275.00 s 3,275.00 SUBTOTAL $4 ,464 .01 UNIT ESTIMATED RATES C OT $ $ $ SUBTOTAL $ SUBTOTAL(SUM OF IB+2+3A+3B) s 135 ,9 12 .74 (•) lean~ blank for non-proJe Ct specific or non-task specific comracl 4A. O UTSIDE SERVICES RATES (SliBCONS ULTANTS): FIRM NAME Pinyon Em GeoCal.lnc. C2 Consult ing ESTIMATED COST s 11,307.48 s 12 ,304 .00 s 38.008.80 SUBTOTAL 61 ,62028 Please hm·e each sub-consuiiOnt fill oultlusfiJrm llstm~-: tht!lr employee ·~ IWI11t!, cla3sificalloll'f. uulirecl rate.jl!e, muluplwr, other threct co.1t (0/X '). etc ... 48. OliTSIDE SERVICES (VENDORS): FIRM NAME !.1st all1·endors lo be used am/ auad1 thetr swndard pru:e ll!a ('i}. (•) lea,·e h/ank for non-pro;ect sp<:njic or nun-task spenjic contract ES TI MATED COST s TOTAL OUTSIDE SERVICES S 6 1.620.28 TOTAL ESTIMATEDCOST (SUM OF IB+2+3A+3B+4AHB) $197.533 .02 I DECLARE THAT TO THE BEST OF MY KNOWLEDGE THE WAGE RATES AND OTHER FACTUAL UNIT RATES SUPPORTING THE COMPENSATION TO BE PAID BY THE DEPARTMENT FOR THE PROFESSIONAL SERVICES ON THIS DOCUMENT ARE ACCURATE, COMPLETE AND CURRENT AT THE TIME OF CONTRACTING, AND INCLUDE NO UNALLOWABLE OR DUPLICATE COSTS . T YP ED NAME (S IGNA T URE) (DATE SIGNED) Fee Prnnnu 1 -City of Wheat Ridge Multi Use Trail I I Job Name: City of Wheat Ri dge Multi Use Trail I Job DescriptiOn Pedestnan bndge over Clear Creek, box culvert I , ROW and easem•nt acquiSition, I ctearan:es Cl ient City of Wheat Ridge Contact Name and Phone Number Mark Westburg , P E 3ll 235 2863 Fee delivered to : Ci ty of WheatRidge ~t Type: Cost • Fixed Fee Date Prepared July 9, 2012 Prepared by . Mark A. West. P E. Me1Dahloor9 Mark West Sean MelVille ~ JOI1riDOiY ~ I ~ I Lyon urkeen ~ 11 .1 . K'ockoff and Site Review Meeting 5 5 5 15 $1 ,866 (4) Progress Meetings 1~ '4 4 20 ~;;_~4 Meetong Mtnute s 5 . COOT and City of Wheat Ridge I 10 35 5 5 55 $6,634 Sub total S -15 57_ 5 9 9 -- ---95 St ~7 _1 2_1_ _fl,oute Survey , WoU.nds, Boreholes I I I 8 I I I 261 31 I 82 1 114 1 3 2361 $17,806 I ACQuisition Pa~l Survey (9 Parcels inclu ded) I 8 I I I 9 1 I I 27 1 9 9 621 $4 ,946 Sub total l s -16 I -I I 351 31 I 1091 12: 121 3931 $22 .753 13.1 _,..,..,ary Bridge Honzont81 end Vellc81 Alignment 5 5 ~576 !structure: 20 5 4 29 $2 ,973 iPndve Revew Meetings 1 2 3 $277 . Coordinate Mutt• Use Pa th and Rri<'l< '""""'"~Alignments 10 10 20 $2 ,086 11 Report I COOT i 1 (GeoCa l) $ 12 ,304 .00 4 8 12 $1 ,38C '(Pinyon s _11,307 48 8 8 $916 Sub total _S. 23.6 11 48 -22 34 _1_0_ 2 5 -----4 768 $31~819 ,, Pre i minart Srte Grading I Connectivity 20 20 $1 ,882 ~~o(s:.,.~Repor1& 5 4 2 11 $1,032 rr-._ary Foundabon end Abulment Desogn 15 15 s· 728 r.-..,.,ary Strucluno l DeSign 20 20 S2 ,3ll4 rre'"""'ert Bridge Quaonloty c.ta.laiJOnl 5 5 $576 p,....,.,III'Y Bndge "' , Plans end 20 50 70 $4,896 . Preiminart Hydraulic Design Repori 45 45 $5,155 Pre Nmin art Culvert Area ,., ,.,. "''' 1 Plans and 8 6C 20 40 10 138 $' ,726 SUD total $ -53 65 8C 20 4 -50 40 --12 324 $29.299 i 1 Final Site Gradmg I_ 20 20 $1 ,882 'lnal Hydrau lic De sig n Report 30 30 $3,437 ~= ~ /siiiiCiiiiifDe~~gn 25 25 $2 ,880 -Abutment DeSign 20 20 $2 ,304 Pear Creel< Bndge Plans ....:1 Specdications 20 60 80 $5,414 fN! Bridge Quaontily c.lculaliono 12 12 $1,382 Q.voc lor-Delian -au.ntiliu 15 40 10 65 $5,50 Cu lvert Area ConstNct io n Plans and SpecifiCatton s 8 60 20 40 10 138 $1 1,726 'Qua lity Assurance I Qua i ty Control Re VIews 10 20 10 40 $5,089 EnQ inee rs Estimate of Probable Costs 4 10 20 5 39 $4,089 Sub tOta l s 14 68 102 100 25 40 --70 40 --10 489 $43.703 16.1 C2 Consun lng (Based on 9 Acquisition Parce ls) s 38,008.80 L ~! I I $916 I I Sub total! s 38008~1 -_I 8j --------I $38.925 Pre-Bid Conference AssiS tance 8 8 $916 Bid Addenda a~Response to Questions 10 15 25 $2,557 Sub to tal s 18 -15 - ----33 $3.4 73 Total Hours 29 242 206 214 56 49 35 3 120 80 109 123 38 1,304 $181 ,119.12 Bundened Break Even Rates, Slhr. s 164.54 s _11!_55 s_ 11 5 2 1 s 94.08 s 80 69 s 8 1.34 s 117 82 $ 154.84 s 5 1 83 s 72 4 1 $ 65.34 $ 68.49 $ 65.44 I I Burdened Break Even Labor $4 ,771 54 $27,722 16 $23 ,732 .79 $20,133 .70 $4 ,518.58 $3,985 77 $4 ,123.74 $464.53 $6 ,2 19.9 1 $5,793 .05 $7 ,12 1.54 $8 ,424 .65 $2,486.88 $119,498.84 I 4.0% 23.2% 19.9 % 16.8 % 3.8% _3 J'll,_ 3.5% 14% 5 2% 48% 60% 7.0% 2.1% Subtota l BHI Labor IS 119,498 84 Total Labor I s 119,498.84 Total I S 6 1,620.28 I I Fi xed Costs I Fixed Fee s 1,996.93 Mileage $ 689 .0 1 EQuipment and Matenals (Surv evl s 3 ,275.00 Pnnt1ng and s 50000 Total Fi xed Costs s 16,460.94 Total Fee $197,580.06 \\A-CQ.FS1\0pt_Colorado \Busines s Oe v\2 013 Proposals\Wheat Ridge Ktpling Tra H\Scope and Fee \Crty of Wheat Rtd ge Kipli ng Tra il manhou rs.xlsx Attachment 3 ,..~~~ .... J .,. City of ~Wheat:Rl_dge ITEMNO : 2. DATE : July 23 , 2012 REQUEST FOR CITY COUN~IL ACTION TITLE: PUBLIC MEETING PROVIDING AN OPPORTUNITY FOR PUBLIC INPUT ON 2013 CITY OF WHEAT RIDGE BUDGET D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS Quasi-Judicial: 0 Yes No ISSUE: 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING City staff is currently working on the 2013 Proposed Budget. The Proposed Budget is scheduled for distribution and review by City Council on September 21 , 2012. City Council will discuss staff recommendations for programs , services , capital projects and staffing levels, at a budget retreat on October 1, 2012. This public input meeting is intended to focus on 2013 citizen requests, comments or suggestions. The public meeting is an informal opportunity for the public to provide input to the City Council on the City Budget. There will a second opportunity for public input at the Council meeting on August 13 , 2012. The public hearing is scheduled for October 22 , 2012 , and adoption of the budget is scheduled for November 26, 2012. This public meeting on the 2013 budget is an opportunity for City Council to continue to develop a strong partnership between City and community by allowing the public to be involved in the policy development process and to stay informed on City financial issues. Council Action Item July 23 , 2012 Page2 FINANCIAL IMPACT: None RECOMMENDATIONS: Conduct a public meeting to promote City Council's goal of a "Financially Sound City Providing Quality Services." The public meeting calls for an open and transparent City government , where citizens are well informed on finances and are encouraged to provide input on policy issues. RECOMMENDED MOTION: None REPORT PREPARED/REVIEWED BY: Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: None ..... , -~ r City of • :rwheatRi._dge ITEM NO:~ DATE: July 23, 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 13-2012 -AN ORDINANCE ADOPTING BY REFERENCE THE 2010 EDITION OF THE MODEL TRAFFIC CODE FOR COLORADO, ADOPTING AMENDMENTS THERETO, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, PROVIDING PENALTIES FOR MODEL TRAFFIC CODE VIOLATIONS AND MAKING CONFORMING AMENDMENTS TO CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS (2J ORDINANCES FOR 1ST READING (07/23/2012) 0 ORDINANCES FOR 2N° READING (08 /13/2012) QUASI-JUDICIAL: D YES City Manager ISSUE: Cities and towns possess the authority to regulate traffic within their respective jurisdictions. Many Colorado municipalities do this through the adoption by reference of the Model Traffic Code for Colorado (MTC). The MTC is a comprehensive set of traffic rules and regulations promulgated and published by the Colorado Department of Transportation (CDOT). The MTC generally mirrors the traffic laws adopted by the State Legislature, as codified in Title 42 of the Colorado Revised Statutes. The 2003 edition of the MTC was previously adopted by the City and currently governs traffic in Wheat Ridge. CDOT has published a 2010 edition of the MTC which contains certain changes and updates to the 2003 edition, some of which reflect changes in state law. The 2010 edition of the MTC is the most recent edition published by CDOT. This ordinance adopts the 2 010 MTC by reference to bring the City's comprehensive set of traffic rules and regulations closer to Council Action Form July 23 , 2012 Page2 unifonnity with the traffic laws of the State and with other jurisdictions that have adopted the 2010 MTC . PRIOR ACTION: None FINANCIAL IMPACT: The Municipal Court may see a small increase in fine revenue as a result of convictions for charges that are new under the 2010 MTC . Staff does not believe any increase in fines would be significant. BACKGROUND: The Model Traffic Code is typically revised by the CDOT every three to four years to incorporate the most recent changes to state law. The 2003 revision stood until 2009 , however the 2009 version was found to have significant errors and was not adopted . The 2010 version corrects those errors and is the most current version. City staff from the Police Department and Municipal Court have collaborated and made the recommendations set forth here. Police Department staff compared the 2003 and 2010 editions of the MTC to identify the differences between the two. A summary of those differences , prepared by the Police Department, is attached for your reference. The entire 2010 MTC is on file and available for review in the office of the City Clerk. This ordinance adopts the entire 2010 MTC by reference and then makes certain amendments to it. TI1e amendments made to the 2010 MTC are largely the same as the amendments made to the 2003 MTC. Amendments of note include: ( 1) MTC Section 236 , concerning child restraint systems , is amended to reflect current state law requirements . Staff identified that the 2010 MTC failed to reflect the most recent legislation on child restraint systems. (2) MTC Section 170 I is amended to maintain the City 's current classification of traffic infractions and criminal traffic offenses and to provide the penalty ranges for infractions (a fine up to $1 ,000) and offenses (a fine up to $1 ,000 and /or imprisonment for up to one year). Section 1701 of the 2010 MTC , as published by CDOT, contains a detailed penalty schedule for violations of particular MTC sections . Staff recommends maintaining the current maximum penalty ranges for infractions and offenses generally to pennit the Municipal Court Judge to impose penalties that are appropriate to all the particular facts and circumstances of a case. (3) Part 18 ofthe 2010 MTC , as published by CDOT, addresses abandoned vehicles and tow procedures. The Wheat Ridge Code of Laws regulates abandoned vehicles and towing under Article III of Chapter 13 . Part 18 of the 2010 MTC is therefore Council Action Form July 23 , 2012 Page 3 unnecessary, and is deleted . A cross-reference to sections within Part 18 is also deleted from Section 13-43 of the Code. Finally, staff recommends that this ordinance take effect on November 1, 2012 to allow for changes to Court and Police Records computers and the ordering of new summons that reflect the changes. City Charter Section 5 .11 provides that ordinances generally become effective 15 days after final publication after second reading, unless some other date is prescribed in the ordinance or required by law. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. 13-2012, an ordinance adopting by reference the 2010 edition of the Model Traffic Code for Colorado, adopting amendments thereto, repealing all ordinances in conflict therewith, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws , on first reading, order it published , public hearing set for Monday, August 13 , 2012 at 7 p .m. in the City Hall Council Chambers, and that it takes effect on November 1, 2012." Or, "I move to postpone indefinitely Council Bill No. 13-2012 , an ordinance adopting by reference the 2010 edition of the Model Traffic Code for Colorado, adopting amendments thereto , repealing all ordinances in conflict therewith, providing penalties for Model Traffic Code violations and making conforming amendments to Chapter 13 of the Wheat Ridge Code of Laws, for the following reason(s) " REPORT PREPARED/REVIEWED BY: Sergeant Tracy Wardell , Police Department Dan Brennan, Chief of Police Carmen Beery, City Attorney's Office ATTACHMENTS: 1. Council Bill No. 13-2012 2. Police Department Staff Report summarizing 2010 MTC amendments 3. Memorandum from the City Attorney re: Notice and Hearing Requirements CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 13 Ordinance No. ---- Series of 2012 TITLE: AN ORDINANCE ADOPTING BY REFERENCE THE 2010 EDITION OF THE MODEL TRAFFIC CODE FOR COLORADO, ADOPTING AMENDMENTS THERETO, REPEALING ALL ORDINANCES IN CONFLICT THEREWITH, PROVIDING PENAL TIES FOR MODEL TRAFFIC CODE VIOLATIONS AND MAKING CONFORMING AMENDMENTS TO CHAPTER 13 OF THE WHEAT RIDGE CODE OF LAWS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to Section 5.16 of the Wheat Ridge Home Rule Charter ("Charter'') and Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes, the City, acting through its City Council (the "Council"), possesses the authority to adopt standard codes by reference; and WHEREAS, pursuant to this authority, the City previously adopted the 2003 edition of the Model Traffic Code for Colorado, as promulgated and published by the Colorado Department of Transportation; and WHEREAS, the Colorado Department of Transportation has prepared and published a 2010 edition of the Model Traffic Code for Colorado; and WHEREAS, the Council recognizes the value of the Model Traffic Code for Colorado as providing a system of traffic regulation within the City that is consistent with state law and with traffic regulations throughout the state and nation; and WHEREAS, a public hearing on this Ordinance was conducted and proper notice thereof given in accordance with C.R.S. § 31-16-203; and WHEREAS, certified copies of the 2010 edition of the Model Traffic Code for Colorado were filed with the City Clerk at least fifteen ( 15) days prior to public hearing on this Ordinance in accordance with C.R.S. § 31-16-206 and Charter Section 5.16 and such code remains open to public inspection and purchase from the Clerk 's office; and WHEREAS, the City wishes to adopt by reference the 2010 edition of the Model Traffic Code for Colorado, enact certain amendments thereto, provide penalties for Model Traffic Code violations and make conforming amendments to the Wheat Ridge Code of Laws (the "Code "). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 13-2 of the Wheat Ridge Code of Laws , concerning the adoption and amendment of the Model Traffic Code , is hereby repealed and reenacted to read in its entirety as follows : Sec. 13-2. Model Traffic Code. Attachment 1 (a) Adopted. Pursuant to Title 31, Article 16, Parts 1 and 2, C .R.S ., there is hereby adopted by reference the 2010 edition of the Model Traffic Code for Colorado, including Appendix I concerning definitions, promulgated and published as such by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver , Colorado 80222, subject to the amendments set forth herein . The subject matter of the Model Traffic Code relates primarily to comprehensive traffic control regulations for the City . The purpose of this Section and the Code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation . Three (3) copies of the Model Traffic Code adopted herein are filed in the office of the city clerk and may be inspected during regular business hours . The 2010 edition of the Model Traffic Code is adopted as if set out at length , with amendments as set forth herein . (b) Amendments. The 2010 Model Traffic Code is subject to the following additions or modifications : (1) Section 235, reserved , is hereby amended to read in its entirety as follows: "235. Minimum standards for commercial vehicles -spot inspections. (1) A police officer or sheriff's officer may, at any time , require the driver of any commercial vehicle, as defined in section 42-4-235 , C.R.S., to stop so that the officer or deputy may inspect the vehicle and all requ ired documents fo r compliance with the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8, 1507-1 "Minimum Standards for the Operation of Commercial Vehicles . (2) A police officer or sheriff's officer may immobilize , impound , or otherwise direct the disposition of a commercial vehicle when it is determined that the motor vehicle or operation thereof is unsafe and when such immobil ization , impoundment, or disposition is appropriate under the rules and regulations promulgated by the Colorado Department of Public Safety, Colorado Code of Regulations Volume 8 , 1507-1 "Minimum Standards for the Operation of Commercial Vehicles." (3) Any person , as defined in section 42-1-102 (69), C.R.S., who violates subsection (1) of this section commits a traffic offense." (2) Section 236 , concerning chi ld restraint systems , is hereby amended to read in its entirety as follows : "Section 236 . Child restraint systems required -definitions - exemptions . (1) As used in this section , unless the context otherwise requires : 2 (a) "Child care center" means a facility required to be licensed under the "Child Care Licensing Act", article 6 of title 26, C.R.S. (a.1) "Child restraint system" means a specially designed seating system that is designed to protect, hold, or restrain a child in a motor vehicle in such a way as to prevent or minimize injury to the child in the event of a motor vehicle accident that is either permanently affixed to a motor vehicle or is affixed to such vehicle by a safety belt or a universal attachment system, and that meets the federal motor vehicle safety standards set forth in section 49 CFR 571.213, as amended. (a.2) "Motor vehicle" means a passenger car; a pickup truck; or a van, minivan, or sport utility vehicle with a gross vehicle weight rating of less than ten thousand pounds. "Motor vehicle" does not include motorcycles, low-power scooters, motor scooters, motor bicycles, motorized bicycles, and farm tractors and implements of husbandry designed primarily or exclusively for use in agricultural operations. (b) "Safety belt" means a lap belt, a shoulder belt, or any other belt or combination of belts installed in a motor vehicle to restrain drivers and passengers, except any such belt that is physically a part of a child restraint system. "Safety belt" includes the anchorages, the buckles, and all other equipment directly related to the operation of safety belts. Proper use of a safety belt means the shoulder belt, if present, crosses the shoulder and chest and the lap belt crosses the hips, touching the thighs. (c) "Seating position" means any motor vehicle interior space intended by the motor vehicle manufacturer to provide seating accommodation while the motor vehicle is in motion. (2) (a) (I) Unless exempted pursuant to subsection (3) of this section and except as otherwise provided in subparagraphs (II) and (Ill) of this paragraph (a), every child who is under eight years of age and who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a child restraint system, according to the manufacturer's instructions. (II) If the child is less than one year of age and weighs less than twenty pounds, the child shall be properly restrained in a rear- facing child restraint system in a rear seat of the vehicle. (Ill) If the child is one year of age or older, but less than four years of age, and weighs less than forty pounds, but at least twenty pounds, the child shall be properly restrained in a rear-facing or forward-facing child restraint system. (b) Unless excepted pursuant to subsection (3) of this section, every child who is at least eight years of age but less than 3 sixteen years of age who is being transported in this state in a motor vehicle or in a vehicle operated by a child care center, shall be properly restrained in a safety belt or child restraint system according to the manufacturer's instructions . (c) If a parent is in the motor vehicle, it is the responsibility of the parent to ensure that his or her child or children are provided with and that they properly use a child restraint system or safety belt system . If a parent is not in the motor vehicle, it is the responsibility of the driver transporting a child or children, subject to the requirements of this section, to ensure that such children are provided with and that they properly use a child restraint system or safety belt system. (3) Except as provided in section 42-2-105.5 (4), subsection (2) of this section does not apply to a child who: (a) Repealed . (b) Is less than eight years of age and is being transported in a motor vehicle as a result of a medical or other life-threatening emergency and a child restraint system is not available; (c) Is being transported in a commercial motor vehicle, as defined in section 42-2-402 (4) (a), that is operated by a child care center; (d) Is the driver of a motor vehicle and is subject to the safety belt requirements provided in section 42-4-237; (e) Repealed. (f) Is being transported in a motor vehicle that is operated in the business of transporting persons for compensation or hire by or on behalf of a common carrier or a contract carrier as those terms are defined in section 40-10.1-101 , C.R.S ., or an operator of a luxury limousine service as defined in section 40- 10 .1-301, C.R.S. ( 4) The division of highway safety shall implement a program for public information and education concerning the use of child restraint systems and the provisions of this section . (5) No person shall use a safety belt or child restraint system , whichever is applicable under the provisions of this section, for children under sixteen years of age in a motor vehicle unless it conforms to all applicable federal motor vehicle safety standards . (6) Any violation of this section shall not constitute negligence per se or contributory negligence per se. 4 (7) (a) Except as otherwise provided in paragraph (b) of this subsection (7), any person who violates any provision of this section commits a class B traffic infraction. (b) A minor driver under eighteen years of age who violates this section shall be punished in accordance with section 42-2- 105.5 (5) (b). (8) The fine may be waived if the defendant presents the court with satisfactory evidence of proof of the acquisition, purchase , or rental of a child restraint system by the time of the court appearance." (3) Section 501 , concerning the penalty for size and weight violations is hereby amended to read as follows : "501 . Size and weight violations . (1) Except as provided in this Part 5, it is a traffic infraction for any person to drive or move or for the owner to cause or knowingly permit to be driven or moved on any street or highway within the city any vehicle or vehicles of a size or weight exceeding the limitations set forth in this Part 5. (2) The provisions of subsection (1) of this section 501 shall not apply to fire apparatus, mobile machinery, self-propelled construction equipment , or to implements of husbandry temporarily moved upon a city-maintained street or to a vehicle operated under the terms of a special permit issued pursuant to section 510 of the Model Traffic Code ." (4) Subsection 507(3), concerning wheel and axle loads of self- compactor vehicles, is hereby amended to read as follows : "(3) Vehicles equipped with a self-compactor and used solely for the transportation of trash are exempted from the provisions of paragraph (b) of subsection (2) of this section only when such vehicles are travelling on a state-maintained secondary state highway within city limits." (5) Section 509, concerning "Vehicles weighed-Excess removed," is hereby amended by the addition of a new subsection ( 4 ), to read in its entirety as follows : "( 4) In the event that a police officer or other city employee must take any action in shifting or removing any portion of an excess load, the driver and/or owner of such vehicle shall reimburse the city for the officer's or employee's efforts in removing or shifting such load at the rate of one hundred dollars ($100.00) per hour or a minimum of one hundred dollars ($1 00.00) for any efforts lasting less than one (1) hour ." 5 (6) Part 10, concerning driving, overtaking and passing, is hereby amended by the addition of a new Section 1014 , to read in its entirety as follows : "1014. Driving within bike lanes. (1) It shall be unlawful for the driver of any motor vehicle to drive such vehicle within the boundaries of posted bicycle pathways except under the following conditions : (a) As may be necessary to execute an otherwise lawful turn; or (b) As may be necessary in an emergency or in compliance with directions of a police officer. (2) A driver of any motor vehicle who shall drive his vehicle into a bicycle pathway in accordance with one (1) of the exceptions provided above in subsection (1) shall operate h is motor vehicle with such degree of skill and care as is necessary to avoid coll iding with any person or object within the bicycle pathway." (7) Subsections (a) through (f) of Section 1101(2), concerning speed limits , are hereby repealed and a new Subsection (a) is added to read as follows : "(a) Twenty-five (25) miles per hour on all streets within the City of Wheat Ridge boundaries unless otherwise posted ." (8) Subsection (4) of Section 1101 , concerning speed limits , is hereby repealed and reenacted to read as follows : "(4) The speed limits specified in subsection (2) hereof shall be considered maximum lawful speed limits and not prima facie speed limits ." (9) Section 1203, reserved , is hereby amended to read in its entirety as follows : "1203. Parking of major vehicles . (1) It shall be unlawful for any person to park or store , or allow the parking or storing of, a major vehicle upon any dedicated public street or road , or private drive , street or road , or public right-of-way or easement or park within the City of Wheat Ridge , except as hereinafter specified . (2) For the purposes of this section 1203, major vehicle ' is defined as any vehicle: (a) Eight (8) feet or more in width, and/or (b) Twenty-five (25) feet or more in length , or 6 (c) Regardless of size , a truck tractor or semi-trailer, or (d) Any vehicle licensed in the State of Colorado, or required to be licensed by the Colorado Department of Motor Vehicles in Colorado , or, if not a Colorado vehicle, which would otherwise be required to be licensed by the Department of Motor Vehicles in Colorado under any of the categories COMM, GTM , Metro , apportioned, or farm . (3) Notwithstanding the foregoing provisions, the follow ing exceptions apply to the provisions of this section 1203 : (a) Any major vehicle in immediate and active use, or in the process of actively being loaded or unloaded ; (b) Fire trucks, ambulances, emergency rescue vehicles, tow trucks , and other emergency vehicles in use; (c) Passenger buses or vehicles owned or operated by regulated or governmental or quasi -governmental corporations or entities or agencies or public or private schools and/or churches; provided , that said buses or vehicles are parked on the property owned by the governmental or quasi- governmental corporation or entity or agency, or church or school; (d) Motor homes or recreational vehicles if parked or stored upon the property of the owner , or if said veh icles are owned by one other than the property owner where parked , if said motor vehicles or recreational vehicles are stored or parked on said private property with the knowledge and consent of the property owner; provided that no more than two (2) such vehicles are stored on any such lot or parcel at any one (1) time , and said vehicle is parked six (6) feet or more inside the front property line ; except that, for the purpose of allowing the loading or unloading of any motor home or recreational vehicle , such motor home or recreational vehicle may be lawfully parked on a public street directly in front of the property of the owner of the vehicle , or directly in front of the property of the person or persons being visited by the owner or operator of the vehicle , for a maximum period of seventy-two (72) hours , no more frequently than once in each two-week period ; (e) Passenger or other vans or pickup trucks bearing COMM , Metro, or farm license plates if the vehicle in question is used by the owner as a personal transportation vehicle when the same is not being utilized for business or commercial purposes ; (f) Any major vehicle parked in or upon property upon which a special use permit is granted authorizing the parking of 7 commercial semitrailers and trailers pursuant to the zoning ordinance ; (g) Any equipment , implements , machinery, and/or large trucks , trailers and/or semi-tractor trailers authorized pursuant to the zoning ordinance ; (h) Any major vehicle parked or stored upon property wherein the use or storage of said major vehicle is related to the transportation needs of the business conducted on such property ; (i) No provision of section 1203 of this code shall apply upon state highways within this municipality. ( 4) Enforcement. Notwithstanding any other prov1s1ons of this Model Traffic Code or of the Wheat Ridge City Code , any major vehicle as defined herein which is parked or stored in violation of the provis ions of section 1203 of this code shall be subject to being towed and stored , at the owner's sole expense , by a towing contractor selected by the ch ief of police of the City of Wheat Ridge . The towing of illegally parked veh icles is necessary to ensure traffic and pedestrian safety by removing the view impediment created by the illegally parked major vehicles . In addition to the right to tow said illegally parked major vehicles , authority is granted to impose admin istrative charges upon the owner or operator of said illegally parked vehicle , or the owner of property allowing or permitting such illegal parking , subject to the follow ing requirements : (a ) To defray the cost of enforcement of th is prov1s1on , a charge of fifty dollars ($50 .00) shall be imposed for the first offense , one hundred dollars ($100 .00) for the second offense , two hundred dollars ($200.00) for the third offense , and three hundred dollars ($300 .00) for the fourth or subsequent offenses ; {b) Any person subjected to said administrat ive charges who objects thereto shall be entitled to either: 1. Request a hearing before the municipal court referee appointed pursuant to Section 14-10 of the Wheat Ridge Code of Laws, which hearing shall be held no less than seventy-two (72) hours after the mak ing of said request ; or 2. Have a summons and complaint issued directing such person to appear in the Wheat Ridge Municipal Court to answer charges of violating section 1203 of this code . If found gu ilty in the Wheat Ridge Mun icipal Court of such charges or if a guilty plea is entered , the court shall impose fines as specified in subsection 1203(4)(a) herein . 8 (c) No vehicle shall be released from storage after towing unless and until all towing and storage charges have been paid, and all administrative charges specified in this section 1203 have been paid, or evidence is presented by the Wheat Ridge Police Department in the municipal court that the rights granted under section 1203(4)(b)(2) of this code have been invoked. In the event any towing is found to be improper all costs for towing and storage shall be reimbursed by the city to the owner." (10) Section 1204, concerning stopping, standing or parking in specified places, is hereby amended by the addition of a new subsection 1204(1 )(I) to read as follows: "(I) Within designated and marked emergency access lanes so as to obstruct such access lanes anywhere within the municipality of the City of Wheat Ridge, whether upon public or private property, except emergency vehicles (i.e., police cars, fire department vehicles, ambulances, EMT vehicles, etc.) during the answering of an emergency call." ( 11) Section 1208, concerning parking privileges for persons with disabilities, is hereby amended by deleting Subsection (7) and amending the language of subsections (5) and (6) to read as follows: "(5) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with directions of a police officer, in a zone that is designated as a handicapped parking area in a manner which obstructs or may obstruct the use of the designated handicapped parking area by a vehicle with distinguishing license plates or by a vehicle with an identifying placard indicating that the occupant of said vehicle is a person with a disability as defined herein unless the vehicle has a distinguishing license plate or an identifying placard indicating that the occupant of said vehicle is a person with a disability. (6) Any person convicted of violating any provision of this section commits a traffic infraction and is subject to the following penalties: A fine of not less than fifty dollars ($50.00), nor more than three hundred dollars ($300.00). In enforcing this section of this code, the municipal court shall not have the authority to suspend all or any part of any fine for violation hereof so as to result in a fine of less than fifty dollars ($50.00), it being the intent of the city council of the City of Wheat Ridge that this section of the code be strictly and diligently enforced as to provide adequate parking for person with disabilities free from interference by those not so disabled." (12) Section 1407, concerning spilling loads on highways is amended to read as follows: 9 "1407 . Spilling loads on streets or highways prohibited . (1) No vehicle shall be driven or moved on any street or highway unless such vehicle is constructed or loaded or the load thereof securely covered to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom; except that sand may be dropped for the purpose of securing traction , or water or other substance may be sprinkled on a roadway in cleaning or maintaining such roadway . (2) Violation of this section constitutes a traffic infraction. In the event that a vehicle unlawfully spills its load on public property, the driver and/or owner of such vehicle shall be liable to the city for any damages caused by such spill. In addition , if city employees must take any action in removal or mitigation of such a spill , the driver and/or owner shall also reimburse the city or its employees' removal or mitigation efforts at the rate of one hundred dollars ($1 00 .00) for any response lasting less than one ( 1) hour." (13) Part 14 , concerning other offenses , is hereby amended by the addition of a new section 1416 to read in its entirety as follows: "1416. Driving through private property or driveways . (1) It is unlawful for any person to drive from a public street or public way of this city over, across or through any private driveway to avoid traffic-control signals , stop signs or other traffic-control devices or as a route or shortcut from one ( 1) public street or public way to another. (2) As used in subsection (1) of this section , 'private property' includes , but is not limited to, any property not dedicated as a public street or public way , alley , right-of-way or easement. (3) It shall be an affirmative defense to a charge of violating subsection ( 1 ) that the person charged is the owner of or has a leasehold interest in or an easement on or the right to the possession or use of the property or driveway through or across which the motor vehicle is driven." (14) Part 14, concerning other offenses , is hereby amended by the addition of a new section 1417 to read in its entirety as follows : "1417 . Traffic Violations Committed in Certain Zones (1) Any person who commits a moving traffic violation in a school , maintenance, repair, or construction zone , which zone has been marked or posted as such , is subject to double the amount of penalty and surcharge imposed . For the purposes of this section , "school zone" means an area that is designated as a school zone with signs posted on the public right-of-way. If the penalty and surcharge has been doubled because a 10 violation occurred within a highway maintenance, repair, or construction zone which was also a designated school zone, the penalty and surcharge shall not be doubled twice." (15) Section 1701, concerning the classification of traffic offenses and schedule of fines , is hereby amended to read in its entirety as follows : "1701. Traffic offenses and infractions classified -penalties - penalty and surcharge schedule ( 1) Except as specifically set forth in this Section 1701, it is a traffic infraction for any person to violate any of the provisions of this code . Any designation or classification of a violation in any other section of this code is inapplicable and expressly superseded by this Section 1701. Traffic infractions shall constitute civil matters. The Colorado Rules of Municipal Procedure shall apply to traffic infraction proceedings , except that no warrant for arrest shall be issued for the defendant's failure to appear when the only violation charged would constitute a noncriminal traffic infraction and the defendant's driver's license is issued by the State of Colorado or any other state which participates in the Interstate Nonresident Violator Compact , as codified at C.R.S. § 24-60-2101. Instead, the court may enter a judgment of liability by default against the defendant for failure to appear, assess any penalty and costs established by law and report the judgment to the appropriate state motor vehicle department which may assess points against the defendant's driver's license and may take appropriate action to ensure that the judgment is satisfied . There is no right to a trial by jury for any noncriminal traffic infraction. (2) The following violations constitute criminal traffic offenses : (a) A violation of section 1101 involving driving twenty-five (25) or more miles in excess of the lawful speed limit. (b) A violation of section 1101(8)(a) involving driving twenty- five (25) miles or more in excess of the speed limit on any interstate highway. (c) Violations of sections 1105 (speed contests), 1401 (reckless driving), 1402 (careless driving), 1409 (failure to show compulsory insurance), 1413 (eluding a police officer), 1703 (aiding and abetting a traffic offense) and 1903 (failing to stop for a school bus) of the Model Traffic Code , as amended. (3) Notwithstanding any other provision of this code to the contrary, traffic infractions as provided in this code shall be subject to the following maximum penalty : a f ine of $1 ,000 .00. Court costs as authorized by state and local law shall be added to the fine . 11 ( 4) Notwithstanding any other prov1s1on of this code to the contrary, criminal traffic offenses as provided in this code shall be subject to the following maximum penalties: 1 year imprisonment or fine of $1,000.00 or both. Court costs as authorized by state and local law shall be added to any penalty imposed . ( 16) Section 1709, concerning penalty assessment notices, is amended by the addition of new subsections (6) and (7) to read in their entirety as follows : "(6) Payment of a penalty assessment notice by the person to whom the notice is tendered shall constitute an acknowledgment of guilt by such person of his or her violation of the offense stated in such notice. (7) Payment of the prescribed fine shall be deemed a complete satisfaction for the violation, and the city, upon accepting the prescribed fine , shall issue a receipt to the violator acknowledging payment thereof if requested . Checks tendered and accepted and on which payment is received shall be deemed sufficient receipt." ( 17) Part 17, concerning penalties and procedure, is hereby amended by the addition of a new section 1718 to read in its entirety as follows : "1718. Penalty-Compulsory insu rance. (1) Notwithstanding the provisions of Section 1701 of this Code , any person who violates section 1409 of th is Code shall be punished by a minimum mandatory fine of not less than five hundred dollars ($500 .00). The court may suspend up to one half of the fine upon a showing that appropriate insurance as required by law has been obtained . Nothing herein shall be construed to prevent the court from imposing a fine greater than the minimum mandatory fine. (2) Notwithstanding the provisions of Section 1701 of this Code , upon a second or subsequent conviction under section 1409 of this Code within a period of five years follow ing a prior conviction under said section 1409, in addition to any imprisonment imposed, the defendant shall be punished by a minimum mandatory fine of not less than one thousand dollars ($1 ,000.00). The court may suspend up to one half of the f ine upon a showing that appropriate insurance as required by law has been obtained. (3) Fifty perce nt of a ll fin es coll ected pursua nt to this Section 17 18 shall be deposited in the Hotel /Motel Fund to be used for community polic ing and crime prevention projects and 12 purposes. The remaining fifty percent shall be deposited in the General Fund." (18) Part 18, concerning vehicles abandoned on public property, is deleted in its entirety. (c) Purpose ; rules of interpretation . This section shall be so interpreted and construed as to effectuate its general purpose to make uniform the local traffic regulations contained herein. The purpose of this section and the code adopted herein is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and nation. Article and section headings of this section and adopted Model Traffic Code shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or extent of the provisions of any article or section thereof. (d) Application. The provisions of the adopted Model Traffic Code, as amended, shall apply to every street, alley, sidewalk area , driveway, park, and to every other public way or public parking area, either within or outside the corporate limits of this city, the use of which this city has jurisdiction and authority to regulate . The provisions of sections 606, 1204, 1208, 1211, 1401, 1402, 1409 and 1413, of the adopted Model Traffic Code, respectively, concerning unauthorized devices, parking, parking for persons with disabilities, limitations on backing, reckless driving, careless driving, failing to show compulsory insurance and eluding an officer shall apply not only to public places and ways, but also throughout this city. (e) Penalties. Except as otherwise provided in sections 13-6(b) and (d), any person convicted of any violation of the provisions of this chapter shall be subject to penalties as set forth in section 1701 of the Model Traffic Code, as amended. Section 2. Section 13-43 of the Wheat Ridge Code of Laws, concerning vehicle tows and impoundments, is hereby amended by deleting subsection (b) thereof, which refers to impoundments pursuant to 1802 and 1803 of the 2003 Model Traffic Code . Section 3. Safety Clause. The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health , safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability: Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 5. Effective Date . This Ordinance shall take effect on November 1, 2012 after adoption at second and final reading, as authorized by Section 5.11 of the Charter. 13 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 final passage set for , 2012 , at 7:00 o'clock p .m., in the Council Chambers , 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and f inal reading , after public hearing , by a vote of to , th is day of , 2012. SIGNED by the Mayor on this ___ day of _________ , 2012 . ATTEST: 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 14 ~~~-~ ..... ~ .-City of • .. ~Wheat~dge ~OLICE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Patrick Goff, City Manager Daniel Brennan, Police Chief FROM: Tracy Wardell, Sergeant Crime and Traffic Team DATE: July 9, 2012 SUBJECT: Adoption of the 2010 Model Traffic Code Cities and towns possess the authority to regulate traffic within their respective jurisdictions. Many Colorado municipalities do this through the adoption by reference of the Model Traffic Code for Colorado (MTC). The MTC is a comprehensive set of traffic rules and regulations promulgated and published by the Colorado Department of Transportation (CDOT). The MTC generally mirrors the traffic laws adopted by the State Legislature, as codified in Title 42 of the Colorado Revised Statutes. The 2003 edition of the MTC was previously adopted by the City, and currently governs traffic in Wheat Ridge. CDOT has published a 2010 edition of the MTC, which contains certain changes and updates to the 2003 edition, some of which reflect changes in state law. The 2010 edition of the MTC is the most recent edition published by CDOT. This ordinance would adopt the 2010 MTC by reference, to bring the City's comprehensive set of traffic rules and regulations closer to uniformity with the traffic laws of the state and with other jurisdictions that have adopted the 2010 MTC. The Model Traffic Code is typically revised by the CDOT every three to four years to incorporate the most recent changes to state law. The 2003 revision stood until 2009; however the 2009 version was found to have significant errors and was not adopted. The 2010 version corrects those errors and is the most current version . City staff from the Police Department and Municipal Court have collaborated and made the recommendations set forth in this memo. Police Department staff compared the 2003 and 2010 editions of the MTC to identify the differences between the two. A summary of those differences , prepared by the Police Department, is noted below for your reference. The entire 20 I 0 MTC is on file and available for review in the office of the City Clerk. This ordinance would adopt the entire 2010 MTC by reference and then make certain amendments to it. The amendments made to the 2010 MTC are largely the same as the amendments made to the 2003 MTC. Attachment 2 July 9, 2012 StaffReport-Adoption ofthe 2010 Model Traffic Code Page 2 of2 Amendments include: (1) MTC Section 235 , concerning minimum standards for commercial vehicles , allows for the inspection , enforcement, and impoundment of those vehicles . (2) MTC Section 236 , concerning child restraint systems , is amended to reflect current state law requirements. Staff identified that the 2010 MTC failed to reflect the most recent legislation on child restraint systems. (3) MTC Sections 501 and 509 , concerning the penalty for size and weight violations , allows for the current standards to be enforced. ( 4) MTC Part 10 , concerning driving, overtaking and passing in bike lanes, prohibits these activities. (5) MTC Section 1101 (2), concerning speed limits , sets the 25 mph limit for all streets unless posted otherwise. (6) MTC Section 1203 , concerning parking of major vehicles , aligns the MTC with current Wheat Ridge ordinances. (7) MTC Section 1204 , concerning stopping, standing, or parking in specified places, prohibits parking in these areas except by emergency vehicles. (8) MTC Section 1208 , concerning parking privileges for persons with disabilities , allows Municipal Court to set the fines. (9) MTC Section 1407 , concerning spilling ofloads on highways , allows the City to recover cleanup costs . (1 0) MTC Section 1416 , concerning driving through private property or driveways , prohibits this activity. ( 11) MTC Section 1417 , concerning traffic violations in certain zones , doubles fines in school and construction zones . (12) MTC Section 1701 , is amended to maintain the City's current classification of traffic infractions and criminal traffic offenses and to provide the penalty ranges for infractions (a fine up to $1 ,000), and offenses (a fine up to $1 ,000 and/or imprisonment for up to one year). Section 1701 of the 2010 MTC, as published by COOT, contains a detailed penalty schedule for violations of particular MTC sections. Staff recommends maintaining the current maximum penalty ranges for infractions and offenses generally, to permit the Municipal Court Judge to impose penalties that are appropriate to all the particular facts and circumstances of a case. (13) Part 18 ofthe 2010 MTC, as published by COOT, addresses abandoned vehicles and tow procedures. The Wheat Ridge Code of Laws regulates abandoned vehicles and towing under Article III of Chapter 13. Part 18 of the 2010 MTC is therefore unnecessary , and is deleted. A cross-reference to sections within Part 18 is also deleted from Section 13-43 of the Code. Staff recommends that this ordinance, if adopted , become effective on November 1, 2012 , allowing for the Court and Police Records Management Systems to be upgraded to reflect these changes , and for new summons to be ordered reflecting these changes. TO: MuRRAY DAI-IL Ku Ec:; I-IENM ElSTER RENAUD LLP MEMORANDUM CC: Janelle Shaver, City Clerk Patrick Goff, City Manager Dan Brennan , Chief of Police Carmen Beery FROM: DATE: June 20 , 2012 RE: Notice and Hearing Requirements : Ordinance Adopting the Model Traffic Code by Reference City staff has prepared an ordinance adopting the 2010 edition of the Model Traffic Code ("MTC ") by reference . The City Council is currently scheduled to consider that ordinance on first reading on July 23, with a public hearing and second reading on August 13. The Wheat Ridge Home Rule Charter and state statutes prescribe an adoption process for this ordinance that differs from the usual ordinance adoption process . This memorandum provides an outline of the required steps for ordinance adoption and tools for your office to complete those steps . Dates provided below that represent deadlines for you are underlined . 1. The City Council considers the ordinance adopting the 2010 MTC by reference on first reading and schedules the public hearing on second reading. As mentioned above , this step is currently scheduled to take place on July 23 . You are not required to take any action before this date. 2. Both you and the Mayor must certify as true and accurate at least one (1) copy of the 2010 Model Traffic Code , to be kept on file in your office and available for public inspection throughout the ordinance adoption process.1 This certified copy must be on file in your office no later than fifteen ( 15) days prior to the public hearing . If the public hearing is scheduled for August 13 , you should have the certified copy on file no later than Friday, July 27. A form certification is attached to this memorandum. After it is executed , you may simply tape it to the inside cover of the MTC or otherwise attach it securely. 3. If the ordinance is adopted on first reading , notice of the public hearing on second reading must be published twice : once at least fifteen ( 15) days prior to the hearing date and once at least eight (8) days prior .2 If the public hearing is scheduled for August 13 , the first publication must take place no later than July 29 (a Sunday); the second publication must occur no later than August 5 (also a Sunday). A form of notice is attached for your convenience . 1 CRS § 31 -1 6-206. 2 CRS § 31 -1 6-203. Attachment 3 4 . Submit a copy of the 2010 MTC to the City Council at the public hearing on August 13. Reading the title of the ordinance alone will then satisfy the ordinance reading requirement. 3 5 . If the ordinance is adopted , the City must obtain COOT approval of the MTC , as adopted and amended by the City, if it is to apply to state highways within the City 's law enforcement jurisdiction . COOT requests an authenticated copy of the adopting ordinance for purposes of their review. The Police Department will send the attached form letter to COOT. Please provide an authenticated copy of the ordinance to Sergeant Wardell after the public hearing and before final publication so he may enclose it with the letter. 6 . Publish the ord inance after its adoption on second reading.4 7. At least one (1) certified copy of the 2010 MTC must remain on file in either your office or the office of the Ch ief of Police for as long as it remains in force .5 8. You must maintain in your office a "reasonable supply" of copies of the 2010 MTC to be available for purchase by the public for "a moderate price ."6 In this digital age , if you maintain a copy of the 2010 MTC in pdf or other electron ic format that can be quickly printed or transferred to a CD for purchase , you have compl ied w ith this requ irement. Please don 't hesitate to contact me with questions about this process or the use of any of the attached forms . If the Council meeting dates noted above change , your deadlines and some of the attached forms will also necessarily change . If that occurs , I will get in touch with you to d iscuss the amendments . 3 CRS § 31-1 6-2 03 ; CRS § 31-1 6-107 . • CRS § 3 1-1 6-205 . 5 C RS § 31-1 6-206 . 6 1d . NOTICE OF PUBLIC HEARING ON ADOPTION OF 2010 MODEL TRAFFIC CODE AND AMENDMENTS THERETO BY REFERENCE NOTICE is hereby given that the City Council of the City of Wheat Ridge, Colorado, has scheduled a public hearing on an ordinance adopting by reference the following code: the 2010 edition of the Model Traffic Code for Colorado (the "MTC''). A copy of the MTC is on file and available for public inspection during regular business hours at the office of the Wheat Ridge City Clerk, 7500 W. 29th Avenue, Wheat Ridge, Colorado, 80033. If adopted by reference by ordinance, the MTC will not be published in full, but in accordance with state law, a copy will remain on file in the City Clerk's Office. The MTC is published by the Colorado Department of Transportation, Safety and Traffic Engineering Branch, 4201 East Arkansas Avenue, EP 700, Denver, Colorado 80222. The subject matter of the MTC relates primarily to comprehensive traffic control regulations for the City. The purpose of the adopting ordinance and the MTC is to provide a system of traffic regulations consistent with state law and generally conforming to similar regulations throughout the state and the nation. The public hearing shall take place at the following time and place: Date: Time: Place: August13,2012 7:00p.m., or as soon thereafter as may be heard Wheat Ridge City Hall City Council Chambers 7500 W. 29th Avenue Wheat Ridge, CO 80033 Dated this _day of _______ , 2012 Janelle Shaver, City Clerk First publication: Second publication: CERTIFICATION OF 2010 EDITION OF MODEL TRAFFIC CODE CITY OF WHEAT RIDGE , COLORADO We, the undersigned , do hereby certify that this 2010 edition of the Model Traffic Code is a true and accurate copy of the Code to be considered by the Wheat Ridge City Council for adoption by reference by Council Bill No. , Series 2012 , pursuant to and as provided by parts 1 and 2 of Article 16 of Title 31 , C.R.S. and Section 5.16 of the Wheat Ridge Home Rule Charter . Dated this_ day of ______ , 2012 . By : ___________________ ___ Jerry DiTullio , Mayor ATIEST: Janelle Shaver, City Clerk {DATE} Colorado Department of Transportation Safety and Traffic Engineering Branch 4201 East Arkansas Avenue , EP 700 Denver, CO 80222 Re: REQUEST FOR COOT APPROVAL-application of 2010 Model Traffic Code & Amendments to state highways within City of Wheat Ridge, Colorado Dear Sir or Madam : The City of Wheat Ridge , Colorado , has adopted by reference the 2010 edition of the Model Traffic Code for Colorado ("MTC") and made certain amendments thereto. Pursuant to§§ 42-4-110(1)(e) and 43-2-135(1)(g), C.R.S ., the City hereby requests COOT's written approval of the MTC, as adopted and amended by the City, to apply to state highways within Wheat Ridge . Enclosed for the review and approval of the Chief Engineer is an authenticated copy of the adopted ordinance . Please return the written approval of the Chief Engineer to the following address: Sergeant Wardell City of Wheat Ridge Police Department 7500 W . 291h Avenue Wheat Ridge , CO 80033 You may contact me if you have any questions or require any further materials . Thank you for your attention to this matter. Encl. Authenticated copy of ordinance Cc/ltr: Dan Brennan , Chief of Police Patrick Goff, City Manager Sincerely, CITY OF WHEAT RIDGE POLICE DEPARTMENT Sergeant Tracy Wardell "~ A~ -~ .. City of • JP' WlieatR.i_dge ITEM NO:~ DATE: July 23,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE RIGHT COAST PIZZA REVOCABLE LICENSE AGREEMENT FOR USE OF CITY-OWNED PARKING LOT AT 7150 W 38TH AVENUE 0 PUBLIC HEARING IZI BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING (mm/dd/yyyy) 0 ORDINANCES FOR 2ND READING (mm/dd/yyyy) D YES The owners ofRight Coast Pizza, 7100 W. 38th Avenue, have requested permission to use the City-owned parking lot adjacent to their business for four special events during August and September of2012. Section 15.9 of the City Charter allows the City Council to grant a permit at any time for the temporary use or occupation of any street, alley, or City-owned place, provided such permit shall be revocable by the Council at its pleasure, regardless of whether or not such right to revoke is expressly reserved in such permit. PRIOR ACTION: City Council was briefed on this issue at the July 16 , 2012 Study Session. FINANCIAL IMPACT: Although there is no direct financial impact to the City, assisting the business community in special events of this type may have a positive impact on sales tax revenues. BACKGROUND: Mark Eskow and Justin Vogel , owners ofRight Coast Pizza at 7100 W. 38 1h Ave, have requested a permit to use the City-owned parking lot adjacent to their business for four V :\F orms\CAFtempl a te Council Action Form July 23 ,2012 Page2 special events during the swnmer of 2012. The parking lot would be closed to all vehicles and will serve as an extension of the restaurant/bar during these events . The following events have been scheduled: • Saturday, August 11 , September 8, and September 22: o "Movie in the Park-ing Lot" • Saturday, August 25 o Right Coast Pizza Grand Opening and Beer Festival RECOMMENDATIONS: Staff recommends that the attached Revocable License Agreement be approved. RECOMMENDED MOTION: "I move to approve the Revocable License Agreement with Right Coast Pizza for use of the City-owned parking lot at 7150 W 38 1h Avenue." Or, "I move to deny the Revocable License Agreement with Right Coast Pizza for use of the City- owned parking lot at 7150 38 1h Avenue for the following reason(s): ------ REPORT PREPARED BY; Tim Paranto, Director of Public Works ATTACHMENTS: l. Revocable License Agreement 2. Right Coast Pizza Request , REVOCABLE LICENSE AGREEMENT THIS REVOCABLE LICENSE AGREEMENT is entered into as of the __ day of , 2012, by the CITY OF WHEAT RIDGE, COLORADO (hereinafter "City"), and Mark Eskow and Justin Vogel doing business as Right Coast Pizza (hereinafter "Licensee"), together referred to herein as the "Parties." RECITALS A. The City is the owner of certain real property located within the County of Jefferson, State of Colorado, more particularly described on the attached Exhibit A attached hereto and incorporated herein by this reference (the "City Property"). B. Licensee maintains property located adjacent to the City Property as a preschool. The locations of the City Property and Licensee's property are shown on Exhibit B attached hereto and incorporated herein by this reference. LICENSE FOR AND IN CONSIDERATION OF the mutual promises and covenants contained herein, the payment to the City by Licensee of Ten Dollars and other good and valuable consideration, the delivery, receipt and acceptance of which are hereby acknowledged and confessed, the Parties agree as follows: 1. Grant of License The City hereby grants to Licensee a License over and across a portion of the City Property, as shown on the attached Exhibit B and hereinafter referred to as the "Licensed Area," for the purposes and subject to the restrictions set forth herein . Use of the Licensed Area shall be exclusively for the Licensee and the City, and not for access by the general public. 2. Acknowledgment of Licensee Licensee acknowledges that the City's grant of this License does not grant any prescriptive rights in the City Property to Licensee, and recognizes that the City Property is owned by the City for the benefit of the general public. Licensee further acknowledges the existence and applicability of Wheat Ridge Home Rule Charter, Section 15.9 which provides: Revocable Permits The Council may grant a permit at any time for the temporary use or operation of any street, alley or city-owned place, provided such permits shall be revocable by the Council at its pleasure, regardless Attachment 1 of whether or not such right to revoke is expressly reserved in such permit. 3. Limitations on Use of the City Property a. The Licensed Area may be used solely and exclusively for the following purpose : food and beverage serv ice , (including alcoholic beverages) from 7:00 p.m . to 11 :00 p.m . on August 11, 2012 , from 12:00 p.m. to 11:30 p.m. on August 25 , 2012 , from 7:00 p.m. to 11 :00 on September 8, 2012 and from 7:00 p.m . to 11:00 p.m. on September 22, 2012 . b. The Licensed Area shall be fenced to control access. The fencing along the north property line of the Licensed Area shall not extend in to sidewalk along 38 1h Avenue . c . Security staff shall be present in the Licensed Area during the use of the City 's property . d . Licensee agrees to maintain all improvements upon the Licensed Area in good repair and safe condition. All repairs shall be made at Licensee's sole expense , and City shall have no monetary obligation whatsoever to maintain the Licensed Area , all of which shall be maintained solely at Licensee's expense . Licensee shall maintain the Licensed Area reasonably free from unsightly debris or accumulations of trash and the like and be in compliance with standards set by City ordinances concern ing junk, weeds , litter, and nuisance . e . No additional improvements shall be constructed on the Licensed Area without the express written permission of the City. f . This License is not exclusive. The City reserves the right to make or permit such use of the Licensed Area as is not incompatible with the uses permitted to Licensee . g. Upon termination of this License for any reason , any and all permanent improvements made to the Licensed Area shall become and remain the property of the City , provided , however, Licensee shall remove the playground equipment. h. Licensee's use of the Licensed Area shall always and continuously be in compliance with all applicable federal , state and local rules and regulations , specifically inc luding those contained in the Wheat Ridge City Code and associated regulations . 4. Indemnification The Licensee agrees to indemnify and hold harmless City , its officers , employees , insurers and self-insurance pool from and against all liability , claims and demands on account of injury, loss or damage including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage, or any other loss of any kind whatsoever which arise out of or are in any manner connected with this License, to the extent such injury, loss or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by, the act, omission, error, professional error, mistake, negligence or other fault of the Licensee, any subcontractor of the Licensee, or any officer, employee, representative or agent of the Licensee, or which arise out of any workmen's compensation claim of any employee or volunteer of the Licensee or of any employee of any subcontractor of the Licensee. The Licensee agrees to investigate, handle, respond to and provide defense for and defend against any such liability, claims or demands at the sole expense of the Licensee. The Licensee also agrees to bear all other costs and expenses related thereto, including court costs and attorney fees, whether or not any such liability, claims, or demands alleged, are groundless, false or fraudulent. 5. Insurance Licensee shall maintain continuously during the License Term, policies of insurance no less than those listed on the attached Exhibit C. The policies shall be endorsed to include City and City's officers and employees. The Parties understand and agree the City is relying on and does not waive or intend to waive by any provision of this License, the monetary limitations (presently, $150,000 per person and $600,000 per occurrence) or any other rights, immunities and protections provided by the Colorado Governmental Immunity Act (C.R.S. § 24-10-101, et seq.), as from time to time amended, or otherwise available to the City, its officers and employees. 6. Term of License: Revocation This License shall be in force and effect from the date first set forth above until September 22, 2012 or through the end of any extension of this License granted by the City by written amendment to this License, unless sooner revoked by the City Council as permitted by the Wheat Ridge Home Rule Charter. City shall have the right to terminate this License upon 30 days' notice to Licensee with or without cause. City may terminate this License at any time without notice should Licensee violate or breach any of the terms or conditions hereof. 7. Severability: Enforceability: Validity If any term, covenant, condition or provision of this License or the application thereof to any person or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of this License or the application for such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall be valid and enforced to the fullest extent provided by law. Licensee agrees that if and to the extent this License conflicts with the City's obligation to hold the City Property in trust for the public, this License shall be declared invalid. 8. Binding Effect This License shall be binding upon and inure to the benefit of the Parties hereto and their respective personal representatives, successors and assigns. IN WITNESS WHEREOF, the City and Licensee have executed this instrument the day and year first above appearing. ATIEST: Janelle Shaver, City Clerk State of Colorado County of Jefferson ) ) ss . ) THE CITY OF WHEAT RIDGE, COLORADO Jerry DiTullio, Mayor The foregoing instrument was acknowledged before me this __ day of _____ , 2012 by Jerry DiTullio as Mayor and Janelle Shaver as City Clerk of the City of Wheat Ridge, Colorado. Witness my hand and official seal. My Commission expires : ____________ _ Notary Public State of Colorado County of Jefferson RIGHT COAST PIZZA By: ________________ _ Name: Title: ) ) ss. ) -------------- ----------------- The foregoing instrument was acknowledged before me this __ day of _____ , 2012 by as of __________ d/b/a Right Coast Pizza. Witness my hand and official seal. My Commission expires: ____________ _ Notary Public EXHIBIT A LEGAL DESCRIPTION OF CITY PROPERTY THE SOUTH 85 FEET OF THE NORTH 115 FEET OF THE WEST 59 .5 FEET OF THE EAST 1306.5 FEET OF THE NORTHEAST1/4 SECTION OF SECTION 26 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE 6TH P.M., COUNTY OF JEFFERSON , STATE OF COLORADO. Also known by street and number as: 7150 WEST 38 TH AVENUE , WHEAT RIDGE , COLORADO 80033 EXHIBIT B VICINITY MAP SHOWING LICENSED AREA EXHIBITC CERTIFICATES OF INSURANCE Certificates of insurance shall name the City as policy holder or additional insured. The limits of such coverage shall include workers compensation and employer's liability in the amount of $250,000 per person and $1,000,000 per accident; and general liability coverage in the amount of $250,000 per occurrence and $1,000,000 general aggregate . Proposal to: Proposed by: Date: Purpose: Use Permit Proposal for the Parking Lot at 381h Ave and High Ct. City of Wheat Ridge, Tim Paranto Right Coast Pizza, Mark Eskow and Justin Vogel June 27, 2012 This letter serves as a formal application to use the city-owned parking lot west of the building at 38 1h and High Ct. owned by Right Coast Pizza for special events during the summer of 2012. The parking lot will serve as an extension of the restaurant/ bar during these events and security will be managed by Right Coast Pizza event staff. Security: • Each event will consist of creating a fenced off walkway from the front door to the parking lot. • Fences will be installed between the Right Coast Pizza building and the shoe store building and also blocking off the alleyway . The perimeter of the parking lot will be supervised by event staff during the entirety of the event. • All customers are welcome to attend these free events. • For those participants who are over 21, they will be age-verified and will be given a bracelet if they are legal to consume alcohol. • Those staffing the event will monitor outside areas to make sure only those with bracelets are consuming alcohol and that the perimeter of the parking lot and sidewalk are secure and that no one is passing drinks. Insurance: • Right Coast Pizza will secure special event insurance for all events scheduled in the parking lot area. They will also secure a special event liquor license permit for each of the events. Event Types: • Movie in the "Park-ing Lot"-These events will be run by installing a screen on the west side of the Right Coast Pizza building and projecting a family friendly movie. These events will begin before sunset so participants can come with their chairs and blankets. The movie will start at sunset and Right Coast staff will control the volume level so not to disturb the nearby residences. They will follow all of the above security guidelines above. Anticipated Parking Lot Closure: The parking lot will be closed at 6 :30/7:00 PM to allow for the security parameters to be set up. The parking lot will remain closed untilll:OO PM at the latest. Dates Requested: August 11, September 8 and September 22 "d (weather permitting) • Right Coast Pizza Grand Opening and Beer Festival-This event will be the official grand opening of the restaurant and bar. Tents will be set up in the parking lot and staffed by local Colorado breweries who are suppliers for Right Coast Pizza. This event will also include a live band that will also be stationed in the parking lot. The event will be a late afternoon and evening event, but again will be conscious about quite evening hours as to not disrupt the neighborhood residences . Whereas the same process for security will be followed as above, increased security and staff will be on hand due to the nature of this event and the larger attendance expectations. Attachment 2 Anticipated Parking Lot Closure: The Parking lot will be closed at 12:00PM to allow for security perimeter to be set up and for the guest tents will have time to set up. The event will officially end between 10PM and 10:30, but due to clean-up and breakdown, the parking lot will remain closed untii12:00AM. Date Requested: August 25, 2012 Thank you for your consideration and continued partnership with local businesses in Wheat Ridge . We are very optimistic that these events will bring additional positive attention to the great community we are building together and will work closely with the city to ensure the events are safe and meet the requirements of the city. Sincerely Yours, Mark Eskow and Justin Vogel