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HomeMy WebLinkAboutCouncil Packet 08/13/20126:45 p.m. Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August 13. 2012 7:00p.m. Individuals with disabilities are encouraged to participate in all public meetings sponsored by the City of Wheat Ridge. Call Heather Geyer, Public Information Officer, at 303-235-2826 at least one week in advance of a meeting if you are interested in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF July 23, 2012 PROCLAMATIONS AND CEREMONIES 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. APPROVALOFAGENDA ~ CONSENTAGENDA a. Resolution 40-2012 -A Resolution authorizing the appropriate City Officials to execute an Intergovernmental Agreement by and between the County of Jefferson, State of Colorado, and the City of Wheat Ridge, Colorado, regarding the administration of their respective duties concerning the conduct of the Coordinated Election to be held on November 6, 2012. b. Resolution No. 41-2012-A Resolution amending the Fiscal Year 2012 General Fund Budget approving a Supplemental Budget Appropriation to reflect the acceptance of the Child Car Seat Examination and Replacement Safety Fair Grant from the Colorado Department of Transportation in the amount of $4,884 .20 CITY COUNCIL AGENDA: August 13, 2012 Page -2- c. 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 £. Opportunity for Public Input on the 2013 City of Wheat Ridge Budget PUBLIC HEARING AND ORDINANCES ON SECOND READING ~-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 (Case No. ANX- 12-01ffomlinson Park) 4 . 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. ORDINANCES ON FIRST READING 5 . Council Bill No. 14-2012-An Ordinance amending Section 26-603 of Chapter 26 of the Wheat Ridge Code of Laws, concerning Regulation of Sight Distance Triangles and Swimming Pool Fences (Case No . ZOA-11-06) §.. Council Bill No . 15-2012-An Ordinance submitting a proposed Amendment of the Wheat Ridge Home Rule Charter to the voters of the City pursuant to Charter Section 16.8(b), setting the Ballot Title for same. z. Council Bill No. 16-2012 -An Ordinance amending Section 16-103 of the Wheat Ridge Code of Laws concerning Unreasonable Noise and providing for a Special Events Permit for Amplified Sound on Private Property. DECISIONS, RESOLUTIONS AND MOTIONS Motion to accept the 2011 Comprehensive Annual Financial Report (CAFR) Motion to approve the use of the City-Owned Parking Lot at 7150 W . 38th Avenue, closure of N . High Court between 38th and 39th Avenues, and placement of banners on City-Owned Pedestrian Lights between Harlan Street and Sheridan for the 38th Avenue Grand Opening . CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO July 23. 2012 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. ROLL CALL OF MEMBERS Davis Reinhart Bud Starker Joyce Jay Mike Stites George Pond Joseph DeMott Tracy Langworthy Kristi Davis Also present: City Clerk, Janelle Shaver; City Attorney, Gerald Dahl; City Treasurer, Larry Schulz; City Manager, Patrick Goff; Commander Jim Lorentz, Police Department; Public Works Director, Tim Paranto; Administrative Services Director, Heather Geyer; interested parties and interested citizens . APPROVAL OF MINUTES OF JULY 9, 2012 Motion by Mr. Stites for approval of the Minutes of July 9, 2012; seconded by Mr. Starker; carried 7-0, with Councilmember Davis abstaining. Mayor DiTullio began the meeting with a moment of silence in honor of the Aurora shooting victims and their families, and also for the first responders to the theater for their professional work. PROCLAMATIONS AND CEREMONIES CIRSA Loss Prevention Award presented to the City CIRSA is the City's insurance company. Mr. Bob Pomeroy of Loss Control and Courtney Graham of Member Services were on hand to award the City for its Loss Prevention. This is the 2"d award in the last four years for Wheat Ridge--the last one being the Safety Champion award . The award for the Loss Prevention is for scoring high on the loss control audit and having a low loss ratio . Mr. Pomeroy presented the award to City Manager, Patrick Goff. Mr. Goff thanked all the employees who serve on the loss prevention team for their efforts, which result in reduced cost of premiums for City Council Minutes July 23, 2012 Page 2 the City. He recognized some of the team members who were in attendance: Patti Humphrey, Barb Kloberdanz, Karen Croom, Jason Bray, and Ruth Johnson Jim Stevens-Wheat Ridge Artist, National Award Mayor DiTullio presented a special award to Wheat Ridge resident and artist, Jim Stevens. Jim won a Special Recognition Award at the national judging for the Veterans Creative Arts Festival. The judging is a year-long process where an artist must win at various levels to be selected . There were approximately 1,900 entries and Jim's piece titled "Biafra" was one of two selected . The original will be on display at the National VA Art Show in Boston on October 12 at the National State House, but his daughter displayed a copy of the piece for the audience. Mr. Stevens said he was honored and humbled for the recognition. He said in the shadow of the tragedy of last Friday we all need to remember that without empathy for others terrible and horrible things can happen. His art piece depicts a real event in a country torn by civil war. It shows the compassion and empathy for others we all need to possess so we can avoid such tragic scenes, not only in war, but also in our communities . CITIZENS' RIGHT TO SPEAK Steve Keller spoke to the amplified noise ordinance that will be discussed at the study session following tonight's meeting. He recommended that an event should be on a single day and suggested there be a method for public notification of applications. He suggested 4 hours for a maximum time for an event and that the number of permits a year be no more than two. He is glad to see that the enforcement piece is more general and applies to all categories of noise . Gina Hallisey, promoter for the Zoppe Circus , brought gifts for the council--special hats and t-shirts from the Circus and Circus Bucks ($5 off tickets) to pass out. She asked to come to a study session in the next couple weeks to update the Council on Circus arrangements. She asked for much needed community volunteers to help set things up for the Circus and save some labor costs . They have 3-hour blocks of time scheduled for volunteers. For more details she can be reached by phone at 303 -7 26- 6111, or by email at www.gina@getconnectedevents.com Margie Seyfer from the Carnation Festival announced that they need volunteers to help the vendors unload their things on the Friday morning of the festival. Vendors only have 15 minutes to unload so anyone that can help starting at 10 :30 am would be appreciated. She also reported that R-1 is supplying school busses to be used as shuttles from/to the parking lots at Everitt Middle School, WR Middle School, and WR High School. They need volunteers to collect the fare of $1 per round trip. All volunteers will receive a free festival volunteer t-shirt. More information about volunteering for the festival can be found at www.thecarnationfestival.com City Council Minutes July 23 , 2012 Page 3 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. 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 Mr. DeMott introduced the Consent Agenda, and asked to pull Item D. Motion by Mr. DeMott to approve consent agenda items A , B, and C; seconded by Mr. Reinhart ; carried 8-0 Mr. DeMott had concerns about Item 1 D -a $200 ,000 consultant fee, for a $3.4 million project, which will cost the City $700 ,000, and involve takings. He 'd like to learn more at a study session . Mr. Reinhart agreed and inquired about the consequences of postponing the decision. Mr. Paranto explained that the City has an IGA with the state for the Kipling multi-use trail-design this year, build next year. There is $2.5 million of grant money at risk here, but he didn 't think a short delay would result in cancellation of the project by COOT. This money is for a consultant fee for design work for the new foot bridge over Clear Creek , and culvert extensions at Lena Gulch and Rocky Mountain Ditch, plus do the negotiation of the takings of right-of-way property along Kipling. Staff wants the consultant to do the takings so that federal law is followed -since this is a federal grant project. Motion by Mr. Reinhart to move RFQ-JN -12-24 to a study session as soon as possible. Seconded by Mr. DeMott ; carried 7-1 , with Mr. Stites voting no . PUBLIC INPUT City Council Minutes July 23 , 2012 Page4 ~ Opportunity for Public Input on the 2013 City of Wheat Ridge Budget Kim Calomino thanked Council for the economic investment on 38th Avenue and encouraged them to continue financial support for 38th Avenue. Jesse Hill addressed the budget process. He believes it lacks transparency and wonders why there isn't an open register available online so citizens can see what their tax dollars are being spent on. He's also concerned about some of the capital improvement projects that get approved and become expected by the citizens, only to have their funding switched to some other pet project. He suggested a "google test" for some information the City provides . If there are better websites out there that provide the same information the City does, the City shouldn 't be paying to providing that information. The "Shop Wheat Ridge" link on the city website is one example . There are other small things the City pays for, but over time those little amounts add up. He appreciates the videos the City puts out but wonders why there isn't money to televise the study sessions. He'd like to see more focus on core services and sustainability, and also expressed concern that there is no thought or debate on accepting federal money (grants). We should fund ourselves and say "Thanks, but no thanks," to help the national economy. Jerry Nealon , board president of WR 2020, noted that with all the tough decisions Council has had to make WR2020 has been put on the back burner. He feels it is a good liaison between the City and businesses and would appreciate attention to 2020 in the next budget. Molly Hanson: Clerk Shaver read a letter from Molly Hanson of Live Well Wheat Ridge asking Council to continue its support for bike and pedestrian trails in the next 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. Mr. Stites introduced Council Bill No . 13-2012. This is a routine, periodic adoption of the updated version of the state traffic code. Motion by Mr. Stites 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 City Council Minutes July 23, 2012 Page 5 for Monday, August 13, 2012 at 7 p.m . in the City Hall Council Chambers, and that it takes effect on November 1, 2012; seconded by Mr. DeMott ; carried 8-0 DECISIONS, RESOLUTIONS, AND MOTIONS 4 . Motion to approve the Right Coast Pizza Revocable License Agreement for use of City-Owned Parking Lot at 7150 W. 38th Ave. The owners of Right Coast Pizza have requested permission to use the City-owned parking lot adjacent to their business for four special events during August and September of 2012. Motion by Mr. Starker to approve the Revocable License Agreement with Right Coast Pizza for use of the City-owned parking lot at 7150 W 38th Avenue; seconded by Mrs. Jay; carried 8-0 CITY MANAGER'S MATTERS -none CITY ATTORNEY'S MATTERS -none CITY CLERK MATTERS -none ELECTED OFFICIALS' MATTERS Ms. Davis congratulated Norman's Memorials at 44th and Yarrow for being in business 100 years, and Edwards Meats at 44th and Ward for their 50th anniversary of continued business in Wheat Ridge. Mrs. Langworthy said she appreciated the moment of silence. She and her daughter had been across the street from the theater a couple of hours before the event took place and it makes you realize how easily it could have been you. It makes her appreciate that they were safe and she's appreciative of all the people who helped each other and the police officers that kept it from being worse . Mr. Pond is excited about the upcoming Carnation Festival and all the associated activities. Mr. Stites encouraged residents to cut their weeds and help their neighbors cut theirs. Mr. DiTullio also congratulated Edward's Meats and mentioned their great selection of meats. He expressed his condolences again to the people in Aurora. He encouraged people to talk to their children about being ethical and fair-minded . If we don't have fair- minded and ethical citizens we won't have fair-minded and ethical elected officials. He complimented Sts. Peter & Paul School for their recent video about participation in government. City Council Minutes July 23, 2012 Page6 Meeting adjourned to Study Session at 8:45pm. APPROVED BY CITY COUNCIL ON August 13, 2012 BY A VOTE OF __ to __ Mike Stites, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members . Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions . ~.I~ ~~ L r City of • :P'WheatRi._,dge ITEM NO: __LQ_, DATE: August 13 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 40-2011 A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTEANINTERGOVERNMENTALAGREEMENTBY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 6, 2012 0 PUBLIC HEARING D BIDS /MOTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING C8J RESOLUTIONS QUASI-JUDICIAL: D YES City Manager ISSUE: The City of Wheat Ridge will participate in a coordinated election on November 6 , 2012 . The attached Resolution and Intergovernmental Agreement must be executed prior to the election. The documents refer to the respective duties of the County and the City of Wheat Ridge regarding the administration of their duties concerning the conduct of the Coordinated Election. The duties of the County Clerk include, but are not limited to ballot preparation, voter lists , staff selection and trairung, providing election supplies , counting ballots, and certification of results . The duties of the City of Wheat Ridge include , but are not limited to Call and Notice and ballot preparation. The City Clerk shall act as the City of Wheat Ridge 's "Election Officer" and the designated election official. She shall act as the primary liaison between the City of Wheat Ridge and the contact officer for the County Clerk and Recorder. Council Action Fonn August 13 , 2012 Page2 FINANCIAL IMPACT : The City of Wheat Ridge shall pay its pro-rated share of election costs for all election services, including, without limitation, staff time (regular and overtime), equipment, fonns, materials and supply costs. In addition, the City shall pay its share of pro-rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the election at each employee's pay rate or, if such costs do not exceed $1 ,000, then $1 ,000, whichever is greater. The City's pro-rated costs shall be determined in accordance with the fonnula set forth in Exhibit A attached to , and incorporated into this Agreement. BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law. REC OMMEND ATIONS: The County Clerk and the City Clerk, of the City ofWheat Ridge, have determined that it is in the best interests of Jefferson County, the City and their respective inhabitants to cooperate and contract concerning the election upon the terms and conditions in the Intergovernmental Agreement. REC O MMEND E D M OT IO N : "I move to approve Resolution No . 40-2011 , authorizing an Intergovernmental Agreement with the County of Jefferson regarding the administration of the respective duties concerning the conduct of the coordinated election to be held on November 6 , 2012 ." Or, "I move postpone indefinitely Resolution No. 40-2011 , authorizing an Intergovernmental Agreement with the County of Jefferson regarding the administration of the respective duties concerning the conduct of the coordinated election to be held on November 6, 2012 for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Janelle Shaver, City Clerk ATTACHMENTS: I . Resolution No. 40-2011 Exhibit A. -Intergovernmental Agreement TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 40 Series of 2012 RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 6, 2012 WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the Jefferson County Clerk ("County Clerk") and the City of Wheat Ridge ("City") shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 6, 2012 ("Election"): and WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the "City Clerk") are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a "coordinated mail ballot election" as such term is defined in the Uniform Election Code of 1992, C.R.S. Title 1, as amended ("Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended ("Rules"); and WHEREAS, the City has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the City have determined that it is in the County's and City's best interests to cooperate in connection with the Election upon the terms and conditions contained in the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge: Section 1. The appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the County's and City's respective duties concerning the conduct of the coordinated election to be held on November 6, 2012 ("IGA"), attached hereto as Exhibit A. Attachment 1 Section 2. For the purposes of the November 6, 2012 election and to carry out the directive of the IGA, the City shall utilize the provisions of the Uniform Election Code of 1992. DONE AND RESOLVED on this 13th day of August, 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk EXHIBIT A Intergovernmental Agreement dated August 8, 2012 INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION THIS INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION (the "Agreement") is made and entered into , 2012 by and between the CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and the _________ (the "Jurisdiction"), collectively referred to as the "Parties." WITNESSETH WHEREAS , pursuant to C .R.S. §1-7-116(2), as amended , the County Clerk and the Jurisdiction shall enter into an agreement for the administration of their respective duties concerning the conduct of the general election to be held on November 6, 2012 (the "Election"); and WHEREAS , the County Clerk and the Jurisdiction are authorized to conduct elections as provided by law ; WHEREAS , the County Clerk will conduct the Election as a "coordinated precinct polling place election" as such term is defined in the Unifonn Election Code of 1992 , C.R.S . Title I , as amended (the "Code") and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (the "Rules"); WHEREAS , the Jurisdiction has certain ballot issues and /or ballot questions to present to its eligible electors and shall participate in this coordinated election ; and WHEREAS, the County Clerk and the Jurisdiction have detennined that it is in the Parties ' best interests to cooperate in connection with the Election upon the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration of the promises herein contained , the sufficiency of which is hereby acknowledged , the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The purpose of this Agreement is to set forth the Parties ' respective tasks in order to conduct the Election and to allocate the cost thereof. 1.02 Coordinated Election Official. The County Clerk shall act as the 'coordinated election official " in accordance with the Code and Rules and shall conduct the Election for the Jurisdiction and do all other things required to be done by it in accordance with the Code and the Rules. The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction . The Contact Officer shall act under the authority of the County Clerk and shall have primary responsibility for the coordination of the Election with the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election. 1.03 Designated Election Official. The Jurisdiction designates _____ _ ________ as its "Election Officer" to act as primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall have primary responsibility for Election procedures to be handled by the Jurisdiction. The Election Officer shall act as the "designated election official" in accordance with the Code and Rules and shall do all things required to be done by it in accordance with the Code and the Rules. The Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by the Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction. In addition , the Election Officer is responsible for receiving and timely responding to inquiries made by its voters or others interested in the Jurisdiction 's election. 1.04 Jurisdictional Limitation . The Jurisdiction encompasses territory within Jefferson County, Colorado. This Agreement shall be construed to apply only to that portion of the Jurisdiction situated within Jefferson County. 1.05 Term. The tenn of this Agreement shall be from the date set forth above through December 31, 2012 and shall apply only to the Election . ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perform the following duties for the Jurisdiction: A. Voter Registration. I. Supervise, administer and provide necessary facilities and forms for all regular voter registration sites. 2. otify the Jurisdiction of the certified number of registered electors residing within the Jurisdiction as ofthe close of the registration books on the 29th day prior to the Election . B. Ballot Preparation. I. Layout the text of the ballot in a format that complies with the Code and the Rules. 2. Provide ballot printing layouts and text for the Jurisdiction 's review and si g nature. 2 3 . Certify the ballot content to the printer(s). 4. Contract for mail-in ballots , sample ballots and precinct polling place ballots with a vendor acceptable to the County Clerk. C. Voter Lists. I. Upon request of the Jurisdiction , create a list of registered voters containing the names and addresses of each elector registered to vote in the Jurisdiction. The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. 2. Upon request of the Jurisdiction , certify such registration list to one or more designated representatives ofthe Jurisdiction. D. Staff. Appoint and train a sufficient number of staff (including part-time, full-time and temporary) to adequately serve the number of electors registered to vote at the Election. E. Election Judges. Appoint and compensate a sufficient number of election judges for each polling location and for locations for absentee mail-in ballots , as required by law. The Jurisdiction shall pay its pro-rated share of Election costs (as further described in Article IV) for training, criminal background records checks and compensation of election judges. F. Mail-In and Early Voting . I . Conduct mail-in , early and emergency voting in the County Clerk's office and at other locations for the Jurisdiction as required by the Code. 2. Obtain and provide all ballots and supplies necessary for mail-in , early and emergency voting together with replacement ballots. G. Election Supplies. Provide all necessary equipment, forms and supplies to conduct the Election , including the County's electronic voting equipment. The Jurisdiction shall be charged its pro-rated share of Election costs for any software programs used to count voted ballots as well as pre-and post-election maintenance and on-site technical personnel. H. Election Day Preparation. I. Prepare and run pre-election logic and accuracy testing in accordance with C.R.S . § 1-7-509(2) and the Rules. 2. Provide necessary electronic voting equipment together with personnel and related computer equipment for pre-election logic and accuracy testing and Election day needs. 3 I. Voted Ballot Deposit I. Provide a ballot box and seal within the Jurisdiction's primary business location for the use by all county voters. 2. Provide daily business-day pick-up of the sealed ballot box containing voted ballots from all assigned locations, and provide a replacement empty ballot box and seal. J. Election Day Activities. I. Provide telephone and in person support from 6:00a.m. to the conclusion of ballot counting on Election day. 2. Inspect voted ballots, count ballots and furnish the Jurisdiction with unofficial results of the Election. K. Counting Ballots. I . Conduct and oversee the ballot counting process and report the results by Jurisdiction. 2 . Establish backup procedures and backup sites for ballot counting should counting equipment fail. In such event, counting procedures will be moved to a predetennined site for the duration of Election counting procedures. 3 . Provide personnel to participate in and assist with ballot counting procedures. The Jurisdiction shall participate to ensure its participation in any electronic vote tabulating processes. L. Certifying Results. I. Appoint. instruct and oversee the board of canvassers. 2 . Certify the results ofthe Jurisdiction·s Election within the time required by law and provide the Jurisdiction with a copy of a ll Election statements and certificates. which are required under the Code. 3 . If a recount is called for, conduct a recount in accordance with applicable law. 4. Conduct post-election audit of voting equipment and vote-counting equipment in accordance with C.R.S. § 1-7-509 and the Rules. 4 M. Recordkeeping. I. Store all Election records as required by law. Store all voted and unvoted ballots for the time period required by the Code, store voter affidavits of electors who cast ballots in the Election for a minimum of25 months in such a manner that they may be accessed by the Jurisdiction , if necessary, to resolve any challenge or other legal questions that might arise regarding the Election. 2. Capture vote history for the County Clerk 's election department vote history file by County precinct. 2.02 No Expansion of Duties. Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond those set forth in the Code or the Rules. 3.01 ARTICLE Ill DUTIES OF JURISDICTION Jurisdiction's Duties. The Jurisdiction shall perform the following duties: A. Authority. Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will participate in the Election in accordance with the terms and conditions of this Agreement. The ordinance or resolution shall fwther authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Call and Notice. Publish all notices relative to the Election as required by the Code , the Rules , the Jurisdiction's Charter and any other statute , rule or regulation. C. Voting Jurisdiction. Furnish the County Clerk with maps or other legal descriptions of each precinct, ward and voting jurisdiction no later than August 28 , 2012. D. Petitions, Preparation and Verification. Perform all responsibilities required to certify any candidate or initiative petition to the ballot. E. Ballot Preparation. I. Submit a copy of the list of candidates, ballot issues or questions and the titles and summaries of each such issue and question to the County Clerk via email or electronic format exactly as such list is to be printed on the ballot pages no later than September 7, 2012 at 3:00p.m . 2. Provide audio recording of the proper pronunciation of any candidate name certified to the Clerk and Recorder. 3. Proof the layout and text of any official ballot before authorizing the printing of such ballot via signature approval to the County Clerk. 5 F. Election Day Preparation. Provide a minimum of one individual to represent the Jurisdiction at pre-election logic and accuracy testing required by the Code and the Rules and provide a minimum of one individual to represent the Jurisdiction on the canvass board, which shall be established as provided in C.R.S. § 1-10-10 I, et. seq. The name of the Jurisdiction 's representative shall be submitted in writing to the Contact Officer on or before 5:00p.m. on October 22. 2012, the 15 th day prior to the Election. G. Voted Ballot Deposit. I. Provide a prominent location for a sealed ballot box in which all county voters may deposit their voted ballot. The ballot box must be available to voters from 7:00a.m. to 7:00p.m. on the day of the Election. 2. Provide constant supervision during business hours for the ballot box and ensure that the ballot box is never left unattended. 3. Provide a secure, locked storage location for the ballot box during all non- business hours . 4. Provide for the secure delivery of sealed ballot boxes to the County Clerk immediately after polls close on Election Day. H. Ballot Counting. Participate in vote tabulating procedures. 3.02 Cancellation of Election by the Jurisdiction. If the Jurisdiction res olves not to hold the Election, then written notice shall be delivered to the Contact Officer immediate ly; provided, however that the Jurisdiction shall not cancel the Election after the 25th da y prior to the E lection. If the Juri sd iction cancels the Election, it shall pay the County Clerk its actual costs relating to the E lection , which may include costs incurred both before and after receipt of the Jurisdiction 's notice of cancellation, within 30 days after cancellation. The Jurisdiction shall provide notice by publication (as defined in the Code) of cancellation of the Election and a copy of s uch notice s hall b e posted at each polling place of the Juri sdiction in the office of the Jurisdiction and in the office of the County Clerk. ARTICLE IV COSTS 4.01 Election Costs. The Juri sdiction s hall pay its pro-rated share of Elect ion s costs for all E lection services, including, without limitation, staff time (regular and overtime), equipment, forms, materials and supply costs. In addition. the Jurisdiction shall pay it s share of pro- rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct ofthe E lection at each employee's pay rate or, if such costs do not exceed $1 ,000, then $1000, whichever is greater. The Jurisdiction·s pro-rated costs s hall be determined in accordance with the formula set forth in Ex hibit A attached to , and incorporated into. this Agreement. 6 4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total due upon receipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of I Y7% per month or the highest rate permitted under law. ARTICLE V MISCELLANEOUS 5.01 Notices. All notices required to be given under this Agreement shall be deemed received and effective: (I) three days after the same is mailed by first class, certified mail , return receipt; (2) immediately upon hand delivery; or (3) immediately upon confirmation of receipt during regular business hours if sent via facsimile; to the address ofthe Parties as set forth below or to addresses as may be designated by a Party hereafter in writing. To the County Clerk: Pamela Y. Anderson with a copy to: To Jurisdiction: Jefferson County Clerk and Recorder I 00 Jefferson County Parkway, Suite 2560 Golden, Colorado 80419 Fax: (303) 271-8197 Jefferson County Attorney's Office I 00 Jefferson County Parkway, Suite 5500 Golden Colorado 80419 Fax: (303) 271-890 I Fax: --------------------------- 5.02 Amendment. This Agreement may not be modified or amended except in a writing signed by the Parties. 5.03 Entire Agreement. This Agreement and its Exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, understandings, representations and all other communications, both oral and written, between the Pat1ies. 5.04 Indemnification. To the extent permitted by law, each Party agrees to indemnify and hold harmless the other Party, its officials, officers, employees and agents from and against any and all losses , costs (including attorneys fees). demands or actions arising out of or related to any negligent actions, errors or omissions of the indemnifying party in connection with the transactions contemplated by this Agreement. 7 5.05 Conflict of Agreement with Law, Impairment. If any provision in this Agreement conflicts with the Code, Rules, statute or resolution or ordinance duly adopted by the Jurisdiction. this Agreement will be modified to conform thereto. No subsequent resolution or ordinance ofthe Jurisdiction shall waive or impair the rights of a Party without the consent of the other Party. 5.06 Time of Essence. Time is of the essence in the performance of this Agreement. The time requirements of the Code and the Rules shall apply to completion ofthe tasks required by this Agreement. 5.07 No Third Party Beneficiaries. Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties. and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entity not a party to this Agreement. 5.08 Further Assurances. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5.09 Governing Law; Jurisdiction & Venue. This Agreement and the rights of the Parties under it will be governed by, and construed in accordance with , the laws ofthe State of Colorado. without regard to the conflicts of laws rules of Colorado. The courts of the State of Colorado shall have sole and exc lu sive jurisdiction of any disputes or litigation arising under this Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Jefferson. State of Colorado. 5.10 Headings. The section headings in this Agreement are for reference only and shall not effect the interpretation or meaning of any provision of this Agreement. 5.11 Counterparts. This Agreement may be executed in counterpart, each of which will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and binding execution and delivery of this A g reement. 5.12 Severability. If any provision ofthis Agreement is declared by a court of competent jurisdiction to be invalid. void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 5.13 Immunities Preserved. It is the intention of the pa11ies that this A greement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunities Act, §24-1 0-I 01 , C .R.S , et. seq. 8 IN WITNESS WHEREOF, the Parties have signed this Intergovernmental Agreement for Coordinated Election as of the date set forth above. JEFFERSON COUNTY CLERK AND RECORDER By ________________________ _ Name: Pamela Y. Anderson Title: Clerk and Recorder APPROVED AS TO FORM FOR THE COUNTY CLERK: By ________________ _ Assistant County Attorney JURISDICTION: By ______________________ __ Name: Title: APPROVED AS TO FORM FOR THE JURISDICTION: By ________________ _ Name: --------------- Title: ---------------- 9 EXHIBIT A CALCULATION OF ELECTION COSTS FOR A JURISDICTION I) Each ballot style is comprised of different combinations of jurisdictions on the ballot. For example Ballot Style I might include the County and State only, Ballot Style 2 might include the County, the State and the Jurisdiction. 2) The County Clerk first determines the total number of voters for each ballot style by utilizing a computer program after ballot information is entered into its system. Then, the total number of voters for each jurisdiction by ballot style is determined by taking the total number of voters for each ballot style and dividing this number by the number of jurisdictions participating in such ballot style. Using the scenario in number I above, if Ballot Style 2 had 99 voters, then each entity would be allocated 33 voters because three jurisdictions share that ballot style (99 divided by 3 = 33). 3) The total number of voters a jurisdiction is allocated pursuant to the formula in number 2 above is then divided by the total number of registered voters in the County. Using the example set forth above for Ballot Style 2. each jurisdiction is allocated 33 voters. Thus. 33 is divided by the total number of registered voters to determine the percentage for which each jurisdiction is responsible in connection with Ballot Style 2. For example, if the total number of registered voters was I 0 ,000, then each jurisdiction would be responsible for .33% for Ballot Style 2 (33 divided by I 0.000 = .0033 or .33%). 4) After all ballot styles are tallied, the percentages for the ballot styles for each jurisdiction are added together to get that jurisdiction ·s grand total percentage. For example, if the Jurisdiction was included in three ballot styles and the Jurisdiction's resulting percentages for the three ballot styles was 0.6% 0.25%. and 3.5%. the sum of these percentages for the three ballot styles would result in a grand total of 4.35% (0.6 + 0.25 + 3.5 = 4.35%). 5) The resulting percentage grand total described in the formula in number 4 above is then used to determine ajurisdiction·s total cost for the election. For example, if the Jurisdiction's grand total percentage was 4.35% and the total cost of the election was $200.000, then the Jurisdiction would owe $8700.00 ($200.000 multiplied by .0435 = $8700.00). There is a $1000 minimum charge. so no jurisdiction will be charged less than $1000. All numbers used above are for illustration only. The Jurisdiction shall not assume the above examples reflect its actual or estimated cost for the Election. See also sa mple chart below for further illustration. [YEAR] [ELECTIO TITLE] [JURISDICTION] STYLE NUMBER OF DIVIDED BY THE TOTAL VOTERS DIVIDED BY PERCENTAGE NUMBER VOTERS NUMBER OF PER TOTAL PER JURISDICTIONS JURISDICTION NUMBER OF JURISDICTION BALLOTS ISSUED TOTAL (000,000) TOTAL P E RCENTAGE FOR [JURISDICTION] 10 ~ '~ ~"" ~ ~ City of • ?WheatRi_dge ITEM NO:~ DATE: August 13 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 41-2012-A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION TO REFLECT THE ACCEPTANCE OF THE CIDLD CAR SEAT EXAMINATION AND REPLACEMENT SAFETY FAIR GRANT FROM THE COLORADO DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $4,884.20 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES 8~/(~ aniel B ennan, Chief of Police Patrick Goff, City Manager ISSUE: The Police Department has received funds in the amount of $4 ,884.20 from the Department of Transportation (CDOT) from the 2012 Child Car Seat Examination and Replacement Safety Fair Grant. PRIOR ACTION: The Police Department conducted their second annual Child Car Seat Examination and Replacement Safety Fair, in an effort to reduce the number of fatalities and serious injuries in traffic crashes involving infants and children and help citizens comply with the Colorado State Law requiring children and infants to be in a car seat or booster seat. FINANCIAL IMPACT: $4 ,884.20 will be added into Police Department account 63-201-650-660 to cover the expenses of the Safety Fair and the examination and replacement of the seats. Council Action -Appropriate of CDOT Funds August 13 , 2012 Page 2 BACKGROUND: The second annual Child Safety Fair took place on April 28 , 2012 . Officers inspected seventy- four cars and replaced twenty-three car seats for citizens. The fair was well attended with an estimated two-hundred in attendance. RECOMMENDATION: Staff recommends approval of this resolution, accepting the grant funds from CDOT for the 2012 Child Car Seat Examination and Replacement Safety Fair. RECOMMENDED MOTION: "I move to approve Resolution No. 41-2012 amending the fiscal year 2012 General Fund Budget to approve a supplemental budget appropriation accepting the Child Car Seat Examination and Replacement Safety Fair Grant from the Colorado Department of Transportation in the amount of $4,884.20." Or "I move to postpone indefinitely the acceptance of the Child Car Seat Examination and Replacement Safety Fair Grant from the Colorado Department of Transportation for the following reason(s) " REPORT PREPARED/REVIEWED BY: Michelle Stodden, Police Support Technician Dan Brennan, Chief of Police ATTACHMENTS: 1. Resolution No. 41 -2012 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2012 RESOLUTION NO. 41-2012 - A RESOLUTION AMENDING THE FISCAL YEAR 2012 GENERAL FUND BUDGET APPROVING A SUPPLEMENTAL BUDGET APPROPRIATION TO REFLECT THE ACCEPTANCE OF THE CHILD CAR SEAT EXAMINATION AND REPLACEMENT SAFETY FAIR GRANT FROM THE COLORADO DEPARTMENT OF TRANSPORTATION IN THE AMOUNT OF $4,884.20 WHEREAS, the City of Wheat Ridge Police Department has been awarded a grant to support the 2012 Child Car Seat Examination and Replacement Safety Fair, in an effort to reduce the number of fatalities and serious injuries in traffic crashes involving infants and children required by Colorado State Law to be in a car seat or booster seat; and WHEREAS, City Council desires to accept the grant in the amount of $4,884.20 to fund the program; and WHEREAS, the Wheat Ridge City Charter requires that amendments to the budget be effected by the City Council adopting a resolution; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the acceptance of the 2012 Child Car Seat Examination and Replacement grant funded by COOT and the amendment of Crime Prevention Fund revenues accordingly. B . The City Council authorizes an amendment to account number 63-201-650-660 of the Crime Prevention Fund in the amount of $4,884.20 . C. The City Manager is authorized to execute all documents necessary for the acceptance of the award . DONE AND RESOLVED this 13th day of August 2012. Jerry DiTullio, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 ~ ~ ~, ..... r City of • r wheatRi_dge ITEMNo:H DATE: August 13 ,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 D PUBLIC HEARING r8J BIDS/MOTIONS 0 RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES The City was awarded funding for a multi-use trail project on Kipling Street from 32"d Avenue to 44th A venue through the Denver Regional Council of Government (DR COG) 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 ofTransportation (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. The City Council discussed the project at the July 23 , 2012 City Council Meeting and requested further discussion at a City Council Study Session. The City Council discussed the multi-use trail project at the August 6, 2012 City Council Study Session with consensus to consider the hiring of a design consultant at the Augu st 13 , 2012 City Council Meeting. Council Action Form August 13,2012 Page2 FINANCIAL IMPACT : Funding for this program has been approved in the Kip ling pedestrian improvements line item of the 2012 Capital Improvement Program Budget in the amount of $273,000. BACKGROUN D: 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 441h Avenue. DRCOG awarded the grant application in March of20ll. 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 guidelines 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 ,4 73 ,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 COOT as referenced above stipulates that the City will finance the cost of the project, with COOT reimbursement of78% 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, environmental approvals 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 perfonning 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 firm 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. Staffreconunends that $40,000, approximately 20% of the base contract, be allocated as design contingency, should additional services be required during the design process. Council Action Form August 13 , 2012 Page 3 RECOMMENDATIONS: Consultant selection was based on qualifications , project approach , and 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 $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 postpone indefinitely the contract award ofRFQ-JN-12-24, Kipling Trail Design to Bohannan 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: 1. 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 . \\A-CO -FS!\Dpt_Colorado\Buslness Dev\2013 Proposols\Whelt Rld&e Klplina Traii\Scope and Fee\Scope of Work 07 0912.doc Page 1 of 12 Attachment 1 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 review, 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. 35 th 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 Mountain Ditch . The trail will consist of a ten foot wide concrete pavement that will have minimal traffic from ma i ntenance 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 wing walls at the abutment locations . The following tasks will be completed by GeoCal : 1. Drill 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 limited 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/tra i l 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 in 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 geolog ist will contact UNCC for utility locates prior to drilling and we have planned for one site meet to discuss utilities. \\A-CO-FS1\0pLColorado\Business Oev\2013 Proposals\l'wlleat Ridge Kipl ng Trai1\Scope and FHIS<:ope o1Wort 07 09 12 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. Bor i ngs 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 cont rol diagrams, recorded subdivision plats, parcel descriptions and land survey monument records within the project lim its . Also coordinate with client to obtain parcel data which they may currently have . IIA.CO.FS1\0pLColorado'llusi>ess Oev\2013 Proposals\Wheat Ridge Klp i ng Trai\Scoj>e and Fee\Seope ofWolt< 07 09 12.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.FS 1\0pLColorado\BUSilOSS Dev\2013 Proposai$1Whea1 Ridge Kiping Traii\Scope and Foe\Scope of Worf< 07 09 12 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 . \IA.CO.FS1\0pLColoradoiBusiness Dev\2013 Proposals\1\lleat Ridge Ki>ing Traii\Scope and Foe\Sa>pe of Wort< 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. \\A.CO.FS1\0pLColorado\Bu,.,.ss Oe1112013 Proposals1Whea1 Ridge Kiping Traii\Scope and FH\Scope of Wort 07 0912 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.CQ.FS 1\0pLColoradoiBuVIess Dev\2013 Proposals1Whea1 Ridge Kiping TraiiiSccpe and Fee\Scope of Wcr1< 07 09 12.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 COOT 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 COOT 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 1\A.CQ.FS 1\0pt_Colorado'llusiless Dev\2013 Proposals\Wheat Ridge K!>ing Traii\Scope and Fee\Soope of Wor1< 07 09 12.doc Pag e 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 CDOT 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 CDOT Unit Bid prices . \IA.CO-FS1\0pi_Colorado'l!usiness Dev\2013 Proposals\Wheat Ridge Kiping Traii\Scopo and Fee\Scope of Work 07 09 12.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 services 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 Finding and/or Corps 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 following: a. A diligent search for and identification of monuments and other physical evidence that could affect the location ofthe 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. 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 LSP's will be deposited with the Jefferson County Clerk and Recorder and become public information (CRS 38-50-101). \IA.CO-fS1\llpLColorado\Busmss Dev\2013 Proposals\Wheat Ridge K~ng Traii\Scope and Fee\Soope of 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 . \\A.CQ.FS1\DpLColorado\B usi1ess Oev\2013 Proposals\Wheat Ridge Klping Trair&ope ard Fee\Soope o1 Wor1< 07 0912.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 basis . 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 . 1\A.CO.FS1\0pi,.Colorado\BuS110$$ Oev\2013 Proposals \Wheat Ridge Klping Traii\Scope and Fee\Scope ofWorl; 07 09 12.doc Page 12 of 12 ~ I ~ I I j f l J i I j i l ~ f I! I ~ I~ I! I r-j-+ I H .... I ! i ill li li ! ~ ~ I I ~ It I ~ ; r ; I ~ t I ~ I! I I I ~ l:i I ~ t I ~ I ~ I li I li I I ~ lk I ~ Ia li I li li I 1: . Ill ll II li ! l ~~ I I I I I I = i c ! hsl I I ~ ~ lu l lsi ~ Is 1 ~ I I ~~I I I : ! I = I i I I I I I i i < Is I I! I I i I E I I I I = ' I;; 1 I I i 1:: Is a I= a ; ,~,,~~; I~; I ~; ~~~ I 1: ~~ ~~~ ~r ~-1J IH IH Ill !I ; ~ I ~ iJ f i l l ,~ I ~~ ~I fi ~ ~;I f Il l j f It I! i ~ ,; I ~ 1: I I ~ r- I I ~ I ~-f- I;; f- j;; + + + I ~ I ~~ ~ I;; -+ .... ... . ·+ + + + Is i ! ' ~ I I 1 I ... N .__ I ~ I• ~ I• ~ I~ ! li ~ i! Attachment 2 PROJEC T C OST WORKSHEET (COST PLUS FIXED FEE) Project umber CITY OF WHEAT RIDGE KIPLI Locnrion Region 6 Finn Name Bohannan Huston. Inc. rune of Preparer Mark A . West, P.E. Phone no . 303-799-5 I 03 cope of Work Date 719/2012 Type of Proposal : COST PWS FIXED FEE Contract time l A. LABOR RAT ES: (a) (b) (c) Direct Salary Indirect Cost Labor Rate E mployn Na m e Employee Classification Cost/Hour (%) $/Hour MELVIN H DAHLBERG Eng~neerS $60.44 172.23 % $164 54 SEAN MELVILLE Eng~neer 5 542 .32 172 .23 % $115.21 MARK WEST Engineers $4208 172 .23% $114 .55 TANDY FREEL Engkleer 4 $34 .56 172.23% $94.08 AMANDA WHITE Engoneer3 $2988 172.23% $6134 DAVID JOHNSON Engineer 2 $29.64 172.23% $60.69 JOHN OOTY Surveyor 5 $43 28 172.23% $117 .82 DENNIS SARRACINO Engineering Tech 3 $19.04 172 .23 % $51 .83 TERRY GONZALES Engineering Tech 7 $26.60 172.23 % $7241 SHAWN BURKEEN Survey Tech 5 $2516 172 23 % $88 49 WILL LYON Survey Tech 4 $2400 172.23% $65.34 BREENA ALDERETE Admin Assistant 5 $24 04 172.23% $6544 ALAN BENHAM SurveyorS $56.88 17223% $154 64 Labor Rate ($/Hour) (c) = a x (b + 1 ) NOTE: Items I.A. 3 a ad 4 (as appUcable) are prepared to submlt rates. Items 18, 2, 3 aad 4 (as appUcable) are completed to compute a project cos I B. LABOR C OSTS: LABOR ESTIMATED ESTIMATED RATE U MBER OF COST PER EMPLOYEE AME EMPLOYEE CLASSIFICATIO SIHOR WORK HOU RS EMPLOYEE (from I c) MELVIN H . DAHLBERG Engineer6 $164 .54 29 $4 ,77 1.54 SEAN MELVILLE Engeneer 5 $115.21 206 $23,732 79 MARK WEST Engoneer6 $114.55 24 2 $27,722.16 TANDY FREEL Engi'leer4 $9408 21 4 $20,133 70 AMANDA WHITE Engineer3 56134 49 $3,885.77 DAVID JOHNSON Eng~neer2 56069 56 $4 ,518.58 JOHN DOTY Surveyor 5 $117.82 35 $4 ,123.74 DENNIS SARRACINO Eng1neering Tech 3 $51 .83 120 56 ,219.91 TERRY GONZALES Engineering Tech 7 $72.41 80 $5,793.05 SHAWN BURKEEN Survey Tech 5 $88.49 123 56 ,424 65 WILL LYON Survey Tech 4 565.34 109 $7 ,121 54 BREENA ALDERETE Admin Assistant 5 $65.44 38 $2,486.88 ALAN BENHAM Surveyors $154.64 3 $464.53 TOTAL LABOR Sl 19,498 .84 (') /ea~·e blank for no n-pro;ect spectjic or non-task spectjic contract Attachment 3 2. FEE (10% X ectio n I B.) 3A . OTHER DIRECT COST RATES (I '-I-lOUSE): ITEM Per diem Mi leage Print ing Other (Surv"> EqUJp.. 1alcrials, Purchase Public Records) ESTIMATED tl ITS 0 1351 38. OHl ER DI RECT COST RATE (OUTSIDE): ITEM ESTIMATED U IT Per diem 0 Mi leage . 0 Other 0 s s $ s $ $ $ FIXED FEE s 11,949 88 UNIT ESTII\IATED RATES COST 140.00 s 0.51 s 689.01 50000 s 500.00 3.275.00 s 3.275.00 s BTOTAL $4.464 01 UN IT EST IMATED RATES C OS T $ $ $ S BTOTAL $ S BTOTAL(SUM OF IB+2+3A+3 B) S 135.912.74 4A . OliT ID E SERVI C ES RATES ( l iBCONS ULTA T ): FIRM NAME Pinyon Em GeoCal.lnc. C2 Consuh ong E TIMATED COST s 11 ,307.48 12.3 04 .00 s 38.008 80 SUBTOTAL S 6 1.62028 Plean~ hoW! r:ach wh·cwuultnnt Jill oul tln'i form h\11111[ thc1r empla)'c!f! 'f name, dal"ificauom, uuhrt•t·t ratt•, jee. mulllplwr. other tl!f'l!CI COfl ((){X 'J , <IC .. 48. OliTSIDE ERV IC ES (VE 'DOR ): FIRM AME J.ut all ''f!lldon tu he med ami mtac:IJ the1r !Omulartl pnce lnt(r) (•) leo•·~ h/ank jor 11011-project rpecific or 11011-ta.rk >pecific contrac·t ESTI 1ATED COST s TOTAL OUTSIDE SERVICES S 61,620.28 TOTAL ESTIMATEDCO T (SUM OF IB•2+3A+3B+ M +4B) 5197.533 02 I DECLAR E THAT TO THE BEST OF MY KNOWLEDGE THE WAGE RATES AND OTH ER FACTUAL UNIT RATES SUPPORTING THE COMPENSATION TO BE PAID BY THE DEPARTMENT FOR THE PROFESSIONAL SERVICES ON THIS DOCUM ENT ARE ACCURATE , COMPL ETE AND CURRENT AT TH E TIME OF CONTRACTING , AND INCLUDE NO UNALLOWABLE OR DUPLICATE COSTS . TYPED AME ( IGNATURE) (DATE IG ED) ~ ~ l ~ .... .,. City of :P'WheatRi_dge ITEM NO:~ DATE: August 13 ,2012 REQUEST FOR CITY COUNCIL 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: ISSUE: D 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING Yes No 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. A copy of the proposed budget will be available in the City Clerk 's Office and online on Monday, September 241h. This public input meeting is intended to focus on 2013 citi zen 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. This is the second opportunity for public input. The first opportunity for public input was held at the City Council meeting on July 23 , 2012 and four citizens provided input. 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 invol ved in the policy Council Action Item August 13 , 2012 Page 2 development process and to stay informed on City financial issues. 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 \ '~ ... ... City of :rwheatRi_dge ITEM NO:~ DATE: August 13 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: 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 (CASE NO. ANX-12- 01/TOMLINSON PARK) cgj PUBLIC HEARING D BIDS /MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (07 /09 /2012) cgj ORDINANCES FOR 2ND READING (08 /13 /2012) D YES ISSUE: In 2004 the Cities of Wheat Ridge and Arvada entered into an Intergovernmental Agreement (IGA) for the purpose of cooperative planning and revenue sharing in regard to the Arvada Ridge Project in Arvada at West 501h Avenue and Kipling. The IGA outlines required improvements to streets in the area and the Columbine Basin Storm Drainage system. The IGA established reciprocal plan review obligations and project reimbursement to the City of Wheat Ridge. In addition, the IGA implemented a revenue sharing schedule committing the City of Arvada to remit to Wheat Ridge an annual payment of $100,000 for a period of 18 consecutive years to mitigate impacts to the City of Wheat Ridge Public Works and Police Department. There have been infrastructure improvements in the vicinity consistent with the IGA , including the realignment ofMiller Street, relocation ofthe I-70 frontage road's connection to Kipling Street by the construction of 50th A venue and improvements to Kipling Street. There have also Case No .ANX-12-0l!Toml inson Park Disconnec tion Council Action Form August 13,2012 Page2 been improvements constructed which implement a portion of the Columbine drainage basin and accommodate drainage from the Arvada Ridge project. One of the conditions required by the City of Wheat Ridge regarding maintenance of these drainage facilities included disconnection of a portion of the channel adjacent to Tomlinson Park at 501h and Garrison with subsequent annexation by the City of Arvada. The park is already owned and maintained by the City of Arvada. Adoption of the attached council bill on second reading is the final action required for disconnection of this property from the City of Wheat Ridge. PRIOR ACTION: An IGA obligating both the City of Wheat Ridge and Arvada to certain improvements impacting the Arvada Ridge property was approved by City Council in May of2004. One of the final actions requires disconnection of the drainage channel adjacent to Tomlinson Park by the City of Wheat Ridge and subsequent annexation by the City of Arvada. FINANCIAL IMPACT: No fees were collected for this process. If the property is disconnected from the City of Wheat Ridge and annexed by Arvada, the obligation for maintenance will be the responsibility of Arvada. RECOMMENDED MOTION: "I move 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 ofWheat Ridge Municipal Boundary on second reading, and that it take effect upon recordation of the disconnection plat." Or, "I move to postpone indefinitely 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 for the following reason(s) " REPORT PREPARED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 12-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott Council Bill No. 12 Ordinance No. ___ _ Series of 2012 TITLE: 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 (CASE NO. ANX- 12-01/TOMLINSON PARK) WHEREAS, C.R.S. § 31-12-501 permits the City to disconnect property lying within and adjacent to the boundary of the City upon application by the owner thereof; and WHERAS, the City of Arvada is the sole owner of a tract of land lying within and adjacent to the boundary of the City of Wheat Ridge ; and WHEREAS, the City of Arvada has made application to the City Council for disconnection of said property from the City; and WHEREAS, the City Council has given due consideration to the application and is of the opinion that the best interests of the City of Wheat Ridge will not be prejudiced by the disconnection of such property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Property disconnected from City The following real property is hereby disconnected from the City of Wheat Ridge: As described on the attached Exhibit A (legal description) and Exhibit B (disconnection map). Section 2. Effective date This ordinance shall be immediately effective upon the filing with the Jefferson County Clerk & Recorder of two certified copies hereof. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 0 on this 9th day of July, 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 August 13, 2012 , at 7 :00 o'clock p .m., in the Council Chambers, 7500 West 29 1h Avenue , Wheat Ridge , Colorado. Attachment 1 READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 131h day of August, 2012. SIGNED by the Mayor on this ___ day of ________ , 2012. ATIEST: Janelle Shaver, City Clerk 1st Publication : July 12, 2012 2nd Publication: Wheat Ridge Transcript Effective Date : Jerry DiTullio, Mayor APPROVED AS TO FORM: Gerald E. Dahl, City Attorney 2 EXHIBIT A A parcel being a portion of Parcel 7 as described in special warranty deed to the City of Arvada at Reception No. 2007107818 , said parcel also being a portion of the 100 foot strip previously owned by Public Service Company of Colorado (PSCO) as described in Book 722 , Page 172 (Reception No . 1951504886) and situated in the Northeast One- Quarter of the Southwest One-Quarter (NEY..,SWY..) of Section 15, Township 3 South , Range 69 West , of the Sixth Principal Merid ian , in the City of Wheat Ridge , County of Jefferson , State of Colorado , more particularly described as follows : All of the NEY..,SWY.. of said Section 15 lying within the corporate limits of the City of Wheat Ridge as described at Reception No. 2009001396 and lying north of the northerly boundaries of Independence Business Park Subdivision and Garrison Lakes Subdivision as described at Reception Nos. 82027733 and 83051003 , respectively. The parcel described above contains a total area of 3.1 acres , more or less . 3 EXHIBIT B Disconnection Map 4 s o· 100' 200' JOO' ~ ,~.,oo· LEGEND La,. -~~~v!:.~ ~ -~0~:...~ from the ~oor.NE'h. SW%. Sec. 15 I I I ~ ~~ ,:! li ::i ·~ Cllyof_A,... 1= Rec. No. 2001001318 ~ i ----lhOCIIy '... of Atwd• .net the City of WhHC Ridge -1) TNIIanot•~NWYorlilnd.......,. 2) M&oob,p.g..,n~,..,,.,_.,,_.or,.. .,.,._c.oun.ya.t;_,~ 3) lNIPM!If,......•porlortallw100bot .. ~ -*""PSC0•6etlatbed~loall122.PIIQII112~ No.111!1 ..... ).Tlw~boundlll'y---lalwboun~Wy _.,..,..,..,.,.~ai'NNIIIA~dg!~Wid...._.•._,..,• R4cepllonNoe.73811151M!i200t0013111,~.-.. _...,...,."-wdla N bautdiry-..riOf!ID N ~ ~oi~...._PII'II .... o.tnloft~ ............. _...,.,..,. ~,_ I20277l) ..... 8;)051003,~. 4) AratoM~br ....... ~IDhctyfii'Mw.l Rldg.IDtliii'Mt~. 5)Tot11NNGI~•lt.,._,....orleu TCUI~•2.1103W Tt:MCorllguoul~•1,411,._ l'oltMIQlyoiMIMIRidDI~IIcu'ld!Wy) Disconnection Map Arvada Channel, Parcel 7 Disconnection Located in the Northeast Y. of the Southwest Y. of Section 15, Township 3 South, Range 69 West, of the Sixth Principal Meridian , in the City of Wheat Ridge , County of Jefferson , State of Colorado Sheet 1 of 1 N. h ~ SWY., See. 15, T3S, RHW. 11\ P.M Cl1yof,._ (T-f'""l Bk.. 2513, Pg. 382 Rec.No.mnsot Cllyof ........ Bk. 2578, P;.I03 ~Ord.1101 Rae. No. 73811151 -""'--RIC. No.l3051003 ------------s.hNE%.swv.:-~.~M~ -------- WntS111:Ave. Cttyof ,_,..... A.nnrtu&n Ord. 21n Rec. No. 850514n SEeot. HE'A. SW%. S.C. 15 LEGAL DESCRIPnON: A~--.•pcdantiPMIIII7•Cieletibed~.,_..WMa'llydMdiD!Natytl.-........~ No. 2'007101111. -..lid"'""'...., bltng. ""*'" tl lie 100 .... ~ .,_.,..,. P\allc s.Mc:. ~dCc*lnido(PSOO)M~ In Book 122, P ... 17:1 ~No, 116150'111) Ind..., ~ h NorthMII ~ollie Soul'!wut ~ (NEY..SW';() ol s.cdon 15. T~ 3 ~ ~Uw.t.ofhSbc:lhPlW:ilplll~lnlwCiyof.,.,....Ridgll,~rA~S..ol CakndD.mcn~~·"*-· ~ allht NE%.SW'J' cl Mid Section ,, ,...,. ...... lie~.,. ollw Otr ol v.t.llt Ndge- ~-R ....... No.2008001Mn~,...,._ollw,.._.,.~ol~ .,._Pirtl SWidhWon lind o.Non ~ ~ • ~ •Aeclplon Noa. t20277S31nd 8.3051001.~. SURVEYOR'S CERTIFICATE: •. ~J.~.-~ ... _...,.~~ha..dCc*ndo,do~Cif1l'ti'W: .. ~----fNICMutoliW"'fdiNct~-IICICiftWy-----.................... hm .. Qtt al WMII-.. APPROVAL CERTIFICATE: J.~ryDfTIAI,...,_ "--::.......,=c::-=::-.-=CIIy=-=-----__ , _____ _ CLERK AND RECORDER: -- ~-NCIII"'Ing~~oftlcllrAIMCor.rltya.tr._,~d...,._,~.OotcMn, CcJicnGoOft ... _cWrd 20_. __ d_ lly. n:-.,=a..=------ ~ ~ , .... 4 r-City of • JP'WlieatRi_dge ITEM NO: ---..:1 DATE: August 13,2012 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 D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (07/23/2012) rgj ORDINANCES FOR 2 ° READING (08113 /2012) QUASI-JUDICIAL: D YES Qhief of ~he~ 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 (COOT). 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 2010 MTC by reference to bring the City's comprehensive set of traffic rules and regulations closer to Council Action Form August 13 ,2012 Page2 uniformity 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 201 0 MTC by reference and then makes certain amendments to it. The 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 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 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 permit the Municipal Court Judge to impose penalties that are appropriate to all the particular facts and circumstances of a case. (3) Part 18 of the 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 ofthe 2010 MTC is therefore Council Action Fonn August 13 , 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, staffrecommends 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 second reading, and that it takes effect 15 day after final publication." Or, "I move to postpone indefinitely Council Bill No. 13-2012 , an ordinance adopting by reference the 201 0 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 confonning 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 STITES 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 required documents for 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 immobilization, 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 child 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 42-4-2 37 ; (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 -1 01, 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 his motor vehicle with such degree of skill and care as is necessary to avoid colliding 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 following 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 vehicles 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 bus iness 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 semitra ilers and trailers pursuant to the zoning ordinance; (g) Any equipment, implements , machinery, and/or large trucks, tra ilers 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 provisions 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 chief of police of the City of Wheat Ridge. The towing of illegally parked vehicles is necessary to ensure traffic and pedestrian safety by removing the view impediment created by the illegally parked major veh icles . In addition to the right to tow said illegally parked major vehicles , authority is granted to impose administrative 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 following requirements: (a) To defray the cost of enforcement of this prov1s1on , a charge of fifty dollars ($50 .00) shall be imposed for the first offense, one hundred dollars ($1 00 .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 administrative charges who objects thereto shall be entitled to either : 1. Request a hearing before the mun icipal 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 making 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 fine 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 insurance . (1) Notwithstanding the provisions of Section 1701 of this Code, any person who violates section 1409 of this 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 following 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 fine upon a showing that appropriate insurance as required by law has been obtained. (3) Fifty percent of all fines collected pursuant to this Section 1718 shall be deposited in the Hotel/Motel Fund to be used for community policing 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 8 to 0 on this 23th day of July, 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 August 13, 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 final reading , after public hearing, by a vote of to , this day of , 2012. SIGNED by the Mayor on this ___ day of _________ , 2012. ATTEST: Janelle Shaver, City Clerk First Publication: July 26, 2012 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 ofthe 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 20 I 0 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 2010 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 of the 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 of loads 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 oftraffic 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 permit the Municipal Court Judge to impose penalties that are appropriate to all the particular facts and circumstances of a case. (13) Part 18 of the 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 unnecessary, and is deleted . A cross-reference to sections within Part 18 is also deleted from Section 1 3-43 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. MURRAY DAI-IL KUEGHE:NME:I:STER RENAUD LLP MEMORANDUM TO: CC: FROM: Janelle Shaver, City Clerk Patrick Goff, City Manager Dan Brennan, Chief of Police Carmen Beery 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 f irst 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 § 31-16-206. 2 C RS § 3 1-16-203. 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 ordinance 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 Chief 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 electronic format that can be quickly printed or transferred to a CD for purchase , you have complied with this requirement. 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 discuss the amendments. 3 CRS § 31 -16-203; CRS § 31 -16-107. • CRS § 31-16-205 . 5 CRS § 31 -16-206. 6 1d . ~ ~ 4 ~ ... J ~ City of JP"Wheat:Rl__dge ITEM NO:~ DATE: August 13,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2012-AN ORDINANCE AMENDING SECTION 26-603 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF SIGHT DISTANCE TRIANGLES AND SWIMMING POOL FENCES (CASE NO. ZOA-11-06) D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS ISSUE: ~ ORDINANCES FOR 1sT READING (8/13/2012) 0 ORDINANCES FOR 2ND READING (8/27/2012) D YES ctor City Manager Current regulations related to sight distance triangles are difficult to apply, enforce, and explain. In the same section of the zoning code, requirements for swimming pool fences do not correspond with adopted versions of the building code. The attached ordinance seeks to resolve these two issues and address the following central goals: • Improve the ability to field locate a sight distance triangle; • Update the vertical clear zone dimensions to align with national standards; • Standardize the method of measurement for the sight distance triangle and clear zone; • Align zoning and building codes related to swimming pool fences ; and • Improve clarity and organization within the City code. PRIOR ACTION: Staff presented the issue to City Council at a Study Session on June 18 , 2012, and was directed to proceed with the code amendment. At a public hearing on July 19 ,2012 , Planning Commission voted to recommend approval of the proposed ordinance. Meeting minutes from the public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: The proposed ordinance is not expected to have a financial impact on the City. Council Action Form August 13 , 2012 Page2 BACKGROUND: Prior Code Amendments Sight triangle standards have existed in the Code of Laws since the City's first zoning code was adopted in 1972. In the mid-1990s, proposed code amendments sought to address conflicting height standards established in four separate code sections (Case Nos. ZOA-93-01 and ZOA-96- 08). At that time, 84 and 96 inches were established as upper limits of the vertical clear zone. The contents of the case files do not indicate why the upper limit of 84 inches was ultimately selected in 1996. When the zoning code was repealed and reenacted in 2001 , the lower limit of the clear zone was reduced from 42 inches to 36 inches for sight triangles along arterial and collector streets. The standards related to sight triangles and clear zones have not been amended since 2001 . Sight Distance Triangle The code establishes a sight distance triangle as the horizontal area adjacent to the intersection of two streets, a street and an alley, or a street and a driveway. Currently, the sight distance triangle is measured along the property line or right-of-way line as shown in image A , below. This method makes it nearly impossible to field locate the sight distance triangle, and in some cases the triangle area can encroach severely onto private property. Additionally, the location of the sight triangle does not currently align with the location from which the vertical clear z one is measured-the latter is measured vertically from the curb and gutter fl ow line or from the edge of pav ement if no curb is present. The proposed method for measuring the sight distance triangle is along the flow line or edge of pavement which can be easily located in the field and will result in a sight distance triangle that is positioned at the hue corner of intersection. The length of the sight distance triangle depends on the type of intersection, and there is no change proposed for those measurements. . .I r. --·-.-. -·-.-·-·---·-·- I 1S I _____ J ~""', 1\ ~~ ~-ill 15 ' Pro pe rt y line'l I --. -. ---=---· ~-J /5 15' 15' 25' A. The sight triangle is currently measured along the property line which is difficult to field locate. r .. -~. ---.-~-·--~. ---.-1 I ____ I -?1- .,.--------1. I I I I I ) i --· 15' -L- 15' ----;s:-L Flow line I Ed ge o f Pavement --"'25 B. The sight triangle is proposed to be mea sured along the vis ible curb and gutter flow line o r edge of pavement. 15 ' 15' 55' Council Action Form August 13 ,2012 Page 3 Vertical Clear Zone The vertical clear zone is the area above the sight distance triangle. The clear zone needs to remain free from obstruction in order to provide drivers with a clear view of approaching motor vehicles, bicycles, and/or pedestrians. Currently, the vertical clear zone is measured from the flow line or edge of pavement, and there is no change proposed to this method of measurement. For intersections that include a collector or arterial street, the lower limit of the clear zone is currently regulated at 36 inches. The lower limit for all other clear zones is 42 inches above the flow line or edge of pavement. There is no change proposed for these lower limits . The upper limit is currently established at 84 inches or seven feet, and the attached code amendment proposes raising this upper limit to 96 inches or eight feet. This change will ensure that the clear zone accommodates the sight line of truck drivers. The proposed change also aligns City code with the recommendations of AASHTO (American Association of State Highway and Transportation Officials) which establishes national standards for the design of streets and roadways. Sight Triangles in Oth er Communities Edge of Pavement This diagram is proposed to be incorporated into the code to illustrate the regulated clear zone. The proposed code amendment is consistent with the sight triangle standards of other Front Range communities. Of the 16 communities surveyed , ten establish an upper limit for the vertical clear zone at 96 inches or higher. Twelve communities clearly state that the sight distance triangle is located along the curb line, flow line or edge of pavement. Swimming Pool F ences In addition to sight triangle requirements, section 26-603 of the code establishes fence standards related to height and materials. Subsection 26-603.0.2 requires a six-foot (72 inch) self-locking fence around swimming pools. This zoning code requirement is in conflict with adopted versions of the International Residential Code (IRC) and International Building Code (IBC) which establish a minimum barrier hei ght of 48 inches and which provide additional guidance regarding barriers and access. The proposed changes to section 26-603 .0 .2 of the code will remove from the zoning code the six-foot height requirement for swimming pools and will instead defer to the International Residential or Building Code, as applicable. Next Steps: Implem entation and E nforcement Staff has met with the Forestry Division and with Community Service Officers to discuss the implementation and enforcement of the propo sed sight triangle standards. Both divisions Council Action Form August 13 , 2012 Page4 support the proposed code amendments and agree that the sight distance triangle will be easier to locate in the field and easier to communicate to citizens. Staff recognizes that for some tree species or for immature trees, trimming to 96 inches will be inappropriate, so discretion will be used to reasonably enforce the new standard. Code enforcement officers have confirmed enforcement will continue primarily on a complaint basis. In the case of public safety hazards , enforcement will be proactive. If the proposed code amendment is approved , public outreach and education will help to reduce violations-an interdepartmental strategy is proposed to include new informational handouts, an article in the Connections newsletter, and /or a Top of the Hour segment on Channel 8. RECOMMENDATIONS: Staff recommends approval of the ordinance . Ultimately, this code amendment will improve clarity and consistency in the City code. The amendment will align the vertical clear zone with national safety standards and will improve the ability to explain and field locate a sight distance triangle. RECOMMENDED MOTION: "I move to approve Council Bill No. 14-2012 , an ordinance amending section 26-603 of chapter 26 of the Wheat Ridge code of laws , concerning regulation of the sight distance triangles and swimming pool fences , on first reading , order it published , public hearing set for Monday, August 27, 2012 at 7:00p.m. in City Council Chambers , and that it take effect 15 days after final publication . Or, "I move to postpone indefinitely Council Bill No . 14-2012, an ordinance amending section 26-603 of chapter 26 of the Wheat Ridge code of laws , concerning regulation of the sight distance triangles and swimming pool fences , for the following reason(s) ________ " REPORT PREPARED BY: Lauren Mikulak, Planner I Meredith Reckert, Senior Plam1er Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Council Bill No. 14-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ COUNCIL BILL NO. 14 ORDINANCE NO. ___ _ Series of 2012 TITLE: AN ORDINANCE AMENDING SECTION 26-603 OF CHAPTER 26 OF THE WHEAT RIDGE CODE OF LAWS, CONCERNING REGULATION OF SIGHT DISTANCE TRIANGLES AND SWIMMING POOL FENCES WHEREAS, the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and welfare; and WHEREAS, in the exercise of that authority, the City Council of the City of Wheat Ridge has previously enacted Chapter 26 of the Wheat Ridge Code of Laws (the "Code") pertaining to zoning, land use, and development; and WHEREAS, the Wheat Ridge City Council ("Council") has previously enacted regulations concerning the location and measurement of the sight distance triangle and clear zone; and WHEREAS, the City has identified a need to update the vertical clear zone dimensions to align with national standards; and WHEREAS, the City has further identified a need to standardize the method of measurement for sight distance triangles and the clear zone; and WHEREAS, the zoning and building codes need to align as they relate to fencing and access for swimming pools and spas. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Subsection 26-603.8 of the Code, concerning sight distance triangle requirements, is hereby amended as follows: B. Sight distance triangle requirement. Where property abuts the intersection of two streets: the intersection of an alley and a street; or the intersection of a driveway and a street. unobstructed view shall be provided and maintained at all times within the sight distance triangle and clear zone as described in this subsection . 1. No di•1isional fence, wall, hedge or landscaping, sign, structure, parked 'lehicle, or other obstruction to view in excess of forty two (42) inches high, except for permitted landscaping, signs, public utility poles, and approved decorative, open type fences not in excess of six (6) feet in height, shall be established or Attachment 1 1 maintained within the triangular area bounded by the lot lines and a line connecting points on each lot line either twenty five (25) feet from the intersection of such lot lines for local and private streets or fifty five (55) feet from the intersection of such lot lines for collector or arterial streets. The height shall be limited to thirty six (36) inches at intersections where at least one (1) of the intersecting streets is an arterial or collector (Class 1 through 5 streets) and frontage roads. For corner lots bounded by public streets or private drives with vertical cuPJes and where the application of the standard sight triangle regulations does not provide adequate sight clearance to protect the public safety, the city shall determine the necessary vertical height clearance and the sight triangle dimensions in order to ensure a safe sight distance. 2 . The same height limitations shall apply to the intersection of driveways and public streets, except that the sight distance triangle may be reduced to fifteen (15) feet. Street trees required by section 26 502 and signs allowed by article VII may be permitted within the regulated sight distance triangle; provided that the area bet\\'een thirty six (36) or forty t\vo (42) inches, whichever is applicable, and eighty four (84) inches high is maintained free and clear of obstruction; and further provided that a sign pole does not exceed one (1) foot in diameter. 3. The sight distance requirement at the intersection of an alley with any street shall be fifteen (15) feet measured along the street right of way and fifteen (15) feet measured along the alleys. Fences, landscaping and other potential obstructions to view located within these sight distance triangles shall be limited in height to forty two (42) inches, unless the intersecting street is an arterial or collector (Class 1 through 5 streets), in 'Nhich case the height shall be limited to thirty six (36) inches. 4. The vertical clearance distance for driveways shall be measured from the edge of the driveway or curb cut at the right of way line, and for street corners or alleys from the flowline, or if no curb exists , from edge of pavement. The following chart and drawing illustrate the minimum unobstructed sight triangles. See Figure 26 603.1. Arterial or Collector he6a! Maximum !=Ieight of Gbstruction In Co,.,, ir.o.~ Qi,..,ht Tri..,nl"'l.o.c- ·~'1~' ~~ ~·::;, .. ·~ •::;,·~~ Corner bot ~ ~ nr;.,,..,. ....... 36" all uses 42", unless SF or duplex, then no r,..,.,..,, ir.n"""'""'"'+ Figure 26 603.1 Sight DistaR6e TriaRgles ~ ~ ~ 2 1. Sight distance triangle. The sight distance triangle is the horizontal area at the intersection of two streets : a street and an alley: or a street and a driveway. Two sides of the triangle are measured from the corner intersection along the curb and gutter flow line. or if no curb exists. from the edge of pavement. for a distance specified below: a. Streets. collector or arterial: 55 feet b. Streets. local or private : 25 feet c . Alleys : 15 feet d . Driveways: 15 feet The third side of the triangle is a line across the corner joining the other two sides. Where an intersection has rounded corners. the sides will be extended in a straight line to a point of intersection. as shown in Figure 26-603.1 . Property Li ne~ l Flowline / Edge of Pavement 25 ' Loca l Street Figure 26-603.1 -Sight Distance Triangle 55 ' .... <II ~ .... 1.1"1 ro ·;:: <II .... ~ .... 0 .... 0 ..... u ~ 0 u 2 . Vertical clear zone. The vertical clear zone is the area above a sight distance triangle in which obstructions shall be minimized to provide a clear view. a . Height. The clear zone is measured vertically from the curb and gutter flow line. or if no curb exists. from the edge of pavement. If the intersection 3 includes a collector or arterial street. the clear zone is the area between a height of 36 and 96 inches. For all other intersections. the clear zone is between 42 and 96 inches. See Figure 26-603.2. b. Obstructions prohibited. The clear zone shall be free of obstructions. including but not limited to fences. walls. landscaping. signs. structures. tree canopies or parked vehicles. c. Exceptions . Certain obstructions may be approved by the director of public works (or his/her designee) to be located within the clear zone. These may include: i. Approved decorative open type fences that are at least 80% open: ii. Approved landscaping. such as street trees: iii. Approved signs. such as pole signs with a diameter of less than 12 inches: iv. Public utility poles: v. Obstructions in the driveway sight triangle for single and two family homes on local streets. 36"or42" I tFiow Line/ Edge of Pavement Figure 26-603.2 -Clear Zone ~ 3. Signalized intersections. At signalized intersections, where both streets are either collectors and/or arterials, the required sight distances shall be governed by the standards set forth in the most current edition of the policy on geometric 4 design of highways and streets, published by the American Association of State Highway and Transportation Officials (AASHTO). ~ 4. Authority of the director of public works. For other signalized intersections involving local streets, the director of public works (or his/her designee) is authorized to permit modifications to the sight triangle requirements for special circumstances in accordance with the standards set forth in the most current edition of the policy on geometric design of highways and streets, published by the American Association of State Highway and Transportation Officials (AASHTO). For corner lots bounded by public streets or private drives with vertical curves and where the application of the standard sight triangle regulations does not provide adequate sight clearance to protect the public safety. the director of public works (or his/her designee) shall determine the necessarv vertical height clearance and the sight triangle dimensions in order to ensure a safe sight distance. Section 2. Subsection 26-603.G.2 of the Code, concerning swimming pool fences, is hereby amended as follows: 2. For all swimming pools, hot tubs, spas, and similar aquatic facilities (including in-and above-ground), required fences and barriers shall conform to the requirements of the International Residential or Building Code, as applicable. Swimming pools shall be enclosed by a six foot fence, with all gates being self locking and closed and kept locked when the pool is not in use. In situations where the six foot fence requirement exceeds other fence height requirements, except for sight distance requirements, the higher requirement shall control. 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 the 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 fifteen (15) days after final publication, as provided by Section 5.11 of the Charter. 5 INTRODUCED, READ, AND ADOPTED on first reading by a vote of_ to_ on this _day of , 2012, ordered it published with Public Hearing and consideration on final passage set for Monday, August 27, 2012, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado, and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of_ to_, this_ day of , 2012. SIGNED by the Mayor on this ____ day of _________ , 2012 . ATTEST: Janelle Shaver, City Clerk 1st publication: 2nd publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald Dahl, City Attorney 6 ~ ~ 4, .... ~ .. City of • JP'"WheatRi_dge ITEM NO:~ DATE: August 13 , 2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2012 AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT OF THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16.8 (b), SETTING THE BALLOT TITLE FOR SAME D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS [g) ORDINANCES FOR 1ST READING (08113 /20 12) 0 ORDINANCES FOR 2ND READING (08/27/2012) QUASI-JUDICIAL: D YES /--]7 ~v.-LJ /7 {__f/~~£ City Attorney ISSUE: This ordinance initiates the procedure to call an election to amend the Home Rule Charter to clarify that all elected positions in the City (Mayor, Treasurer, Clerk and Councilmembers) be elected by the greatest numbers of votes cast. Existing Charter sections require election by a majority of votes , raising the potential for runoff elections. PRIOR ACTION: The City Council considered this item at a study session and directed the initiation of this Charter amendment pursuant to Charter Section 16.8 (b). FINANCIAL IMPACT: The amendment eliminates the potential for a runoff election. The runoff election for City Clerk resulting from the November 2011 election cost approximately $34,000. BACKGROUND: Charter Sections 3.1, 3.7, 3.9 and 4.3 govern, respectively, the requirements for election of the Mayor, City Clerk, City Treasurer, and Counci lmembers. The procedure for all officers except Councilmembers specifically requires election by a majority of votes cast; the procedure for election of Councilmembers is silent on that point (except for a reference governing the transitional election in 1997). Requiring a majority of votes for election means that a runoff election will sometimes be required , as took place following the November 2011 election for City Clerk. City Council has the authority to initiate a charter amendment by ordinance (Charter Section 16 .8(b ); C .R.S . 31-2-21 0(1 )(b)). In order for the Charter amendment to appear on the November 6 , 2012 ballot for the coordinated election, the Council must submit the ballot content to the Cow1ty Clerk & Recorder by September 7, 2012. The remaining regular meetings available for consideration of an ordinance submitting a proposed amendment to the voters on first and second reading are August 13 and August 27 , respectively. The ordinance must set a ballot title (C.R.S. 31-2-21 0(1 )(b)) and set out the proposed amendment in full (Charter Section 16.8 (b); C.R.S. 31-2-210 (1)(b)). A separate notice and call of the election on the amendment (containing the full text of the amendment) must be published within thirty days of adoption of the ordinance (Charter Section 16.8 ; C .R.S. 31-2-2 10 ( 4)). The City Clerk will accomplish this by separate action. RECOMMENDATIONS: Staff recommends Council approve Council Bill No. 15-2012 on first reading and set for second reading and public hearing. RECOMMENDED MOTION: "I move to approve Council Bill No . 15-2012 , an ordinance submitting a proposed amendment of the Wheat Ridge Home Rule Charter to the voters of the City pursuant to charter section 16.8 (b), and setting the ballot title for the same on first reading, order it published , public hearing set for Monday, August 27th , 2012 at 7:00p.m. in City Council Chambers. Or, "I move to postpone indefinitely Council Bill No. 15-2012, an ordinance submitting a proposed amendment of the Wheat Ridge Home Rule Charter to the voters of the City pursuant to charter section 16.8 (b), and setting the ballot title for the same on for the following reason(s) " REPORT PREPARED BY: Gerald Dahl , City Attorney ATTACHMENTS: 1. Council Bill 15-2012 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 15 Ordinance No. ---- Series 2012 TITLE: AN ORDINANCE SUBMITTING A PROPOSED AMENDMENT OF THE WHEAT RIDGE HOME RULE CHARTER TO THE VOTERS OF THE CITY PURSUANT TO CHARTER SECTION 16.8 (b) AND SETTING THE BALLOT TITLE FOR THE SAME WHEREAS, Section 16.8 (b) of the City Charter ("Charter") of the City of Wheat Ridge ("City") permits the City Council to initiate Charter amendments; and WHEREAS, the City Council wishes to place before the voters at the November 6, 2012 coordinated election a ballot question to amend the City Charter concerning the vote required for election of all City officials. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Full text of Amendment. Pursuant to Charter Section 16.8 (b) and C.R.S. 31-2-210(1 )(b) the following proposed amendment to the Wheat Ridge Home Rule Charter is hereby submitted to the voters of the City for consideration at the coordinated election to be held November 6, 2012. Amend Charter Section 3.1 as follows: Sec. 3.1 Election of mayor. The mayor shall be elected by a majority vote of THE GREATEST NUMBER OF VOTES CAST FOR THAT OFFICE BY the electors of the City of Wheat Ridge at each general municipal election, and shall have the same qualifications as members of the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in November, 1997, his term of office shall be for four (4) years and shall commence on his taking the oath of office at the ensuing organizational meeting of the city council held after the election in the year elected and shall continue during the term for which he shall have been elected until his successor shall have been elected and duly qualified. No person shall serve in the office of mayor for more than two (2) consecutive terms of office. This limitation on the number of consecutive terms shall apply to terms of office commencing on or after November 4, 1997. Any person who succeeds to the office of mayor, and who serves at least one-half of a term in the office, shall be considered to have served a full term in that office. Terms are considered consecutive unless separated by at least four ( 4) full years. Amend Charter Section 3. 7 as follows: Sec. 3. 7 Election of city clerk. The city clerk shall be elected by a majority vote of THE GREATEST NUMBER OF VOTES CAST FOR THAT OFFICE BY the electors of the City of Wheat Ridge at each general municipal election, and shall have the same qualifications as members of the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in November, 1999, his/her term of office shall be for four ( 4) years and shall commence on his/her taking the oath of office at the ensuing organizational meeting of the city council held after the election in the year elected and shall continue during the term for which he/she shall have been elected until his/her successor shall have been elected and duly qualified. Amend Charter Section 3.9 as follows: Sec. 3.9 Election of treasurer. The treasurer shall be elected by a majority vote of THE GREATEST NUMBER OF VOTES CAST FOR THAT OFFICE BY the electors of the City of Wheat Ridge at each general municipal election, and shall have the same qualifications as members of the council. Commencing with the general municipal election held on the first Tuesday after the first Monday in November, 1999, his/her term of office shall be for four ( 4) years and shall commence on his/her taking the oath of office at the ensuing organizational meeting of the city council held after the election in the year elected and shall continue during the term for which he/she shall have been elected until his/her successor shall have been elected and duly qualified. Amend Charter Section 4.3 to delete subsection (b), to revise subsection (c), and tore- letter all subsections as follows: Sec. 4.3 Terms of office. (a) The terms of office of the councilmembers hereafter to be elected in accordance with the provisions of this Charter shall commence on their taking the oath of office at the ensuing organizational meeting of the city council held after the election in the year elected and shall continue during the term for which they shall have been elected until their successors shall have been elected and duly qualified. (b) At the general municipal election held on the first Tuesday after the first Monday in November, 1 997, t\vo (2) councilmembers shall be elected from each of the four (4) council districts, as follo•Ns: The candidate receiving the highest number of 'lotos in each district shall be elected to a four year term of office , and the candidate receiving the second highest number of votes in each district shall be elected to a two year term of office. (b) At the general municipal election held on the first Tuesday after the first Monday in November OF EACH ODD-NUMBERED CALENDAR YEAR, 1 999 , and every two (2) years thereafter, one councilmember from each of the four (4) council districts shall be elected to a four-year term of office BY THE GREATEST NUMBER OF THE VOTES CAST FOR THAT OFFICE. (c) It is the intent of this section that councilmembers serve four-year staggered terms of office with four ( 4) councilmembers elected at each general municipal election . Section 2. Ballot Title and Question. The ballot title and question for the proposed Charter amendment shall read as follows: SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO , BE AMENDED TO PROVIDE FOR THE ELECTION OF ALL ELECTED OFFICIALS OF THE CITY BY THE GREATEST NUMBER OF VOTES CAST? YES : NO: Section 3. Notice and Call of Election. Pursuant to Charter Section 16.8 and C.R.S . 31-2-210(4), the Council hereby directs the City Clerk to give notice of and call an election upon the proposed amendment. The election on the proposed amendment shall be coordinated with Jefferson County as part of the November 6 , 2012 election. 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 val idity 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 upon adopt ion , as permitted by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this day of August , 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 August 27 , 2012 at 7:00 p.m., in the Council Chambers , 7500 West 29 th Avenue , Wheat Ridge , Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2012. SIGNED by the Mayor on this __ day of August , 2012 . ATIEST: Janelle Shaver, City Clerk First Publication : Second Publication: Wheat Ridge Transcript Effective Date: Jerry DiTullio , Mayor Approved as to Form Gerald E. Dahl , City Attorney ~\ 4 .. .-City of JP'WheatR!._dge ITEM NO:~ DATE: August 13 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 16-2012 AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND PROVIDING FOR A SPECIAL EVENTS PERMIT FOR AMPLIFIED SOUND ON PRIVATE PROPERTY D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS r:gj ORDINANCES FOR I ST READING (08/13/2012) 0 ORDINANCES FOR 2ND READING (08/27/2012) QUASI-JUDICIAL: D YES r:gj NO ?[7 ,,// J / /7('"""y-L} /7/7 (__~ City Attorney ~ ISSUE: This ordinance amends the present noise ordinance and creates a special permit program for amplified sound at outdoor events on private property. Date and time limits will be imposed and other conditions are permitted. The ordinance provides for a limited exemption from the City's noise ordinance, Code 16-1 03. PRIOR ACTION: At its study session on July 16 , 2012 , Council directed the most recent changes be brought forward as an ordinance on first reading. FINANCIAL IMPACT: The costs of the special permit program are exclusively staff time in processing applications and monitoring compliance. This cost will be partially offset by application fees , which are set by the City Manager. V :\F onns\CAFtemplate Council Action Form Date Page 2 BACKGROUND: The City has received requests to permit amplified sound at events on private property. The City's present noise ordinance, Code 16-103, would likely prevent these activities. The concept of an amplified sound special pennit is based on special pennit systems in Wheat Ridge and other cities. While there was some interest in applying a numeric decibel (dB) standard to determine permit compliance, that approach would require expense for equipment and training. The attached ordinance instead relies on a "reasonableness" standard. The ordinance establishes guidelines for the permit program, with permits granted or denied by the City Manager. The pennitted hours and number of pennits per year is left to the administrative discretion of the City Manager. RECOMMENDED MOTION: "I move to approve Council Bill No. 16-2012 an ordinance amending Section 16-103 of the Wheat Ridge Code of Laws concerning unreasonable noise and providing for a special events permit for amplified sound on private property on first reading, order it published, public hearing set for Monday, August 27,2012 at 7:00p.m. in City Council Chambers, and that it take effect 15 days after final publication. Or, "1 move to postpone indefinitely Council Bill No . 16-2012 an ordinance amending Section 16- 103 of the Wheat Ridge Code of Laws concerning unreasonable noise and providing for a special events permit for amplified sound on private property for the following reason(s) " REPORT PREPARED BY: Gerald Dahl , City Attorney ATTACHMENTS: 1. Ordinance No. 16-2012 2. Application and Pennit fonns CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ___ _ Council Bill No. 16 Ordinance No. ---- Series 2012 TITLE: AN ORDINANCE AMENDING SECTION 16-103 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING UNREASONABLE NOISE AND PROVIDING FOR A SPECIAL EVENTS PERMIT FOR AMPLIFIED SOUND ON PRIVATE PROPERTY WHEREAS, the City of Wheat Ridge, acting through its City Council, has authority under Article XX of the Colorado Constitution, its Home Rule Charter and C.R.S . 31-15-101 et seq. to adopt and enforce requirements for the protection of public health, safety and welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Section 16-1 03 of the Wheat Ridge Code of Laws concerning unreasonable noise; and WHEREAS, the Council wishes to provide an opportunity for amplified sound on private property, subject to conditions imposed to protect the interests of the surrounding neighborhood. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 16-1 03, entitled "Unreasonable noise; disturbing the peace" of the Wheat Ridge Code of Laws is amended to read as follows: (a) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED: AMPLIFIED SOUND SHALL MEAN THE OUTDOOR USE OR OPERATION ON PRIVATE PROPERTY OF ANY LOUDSPEAKER, PUBLIC ADDRESS SYSTEM, OR OTHER SOUND AMPLIFYING EQUIPMENT FOR THE PURPOSE OF GIVING INSTRUCTIONS, DIRECTIONS, TALKS, ADDRESSES OR LECTURES, OR FOR TRANSMITTING MUSIC OR SOUND TO ANY PERSONS OR ASSEMBLAGES OF PERSONS . AMPLIFIED SOUND SHALL NOT INCLUDE SOUND WHICH IS NOT AUDIBLE TWENTY-FIVE (25) OR MORE FEET FROM THE PROPERTY LINE OF THE PROPERTY UPON WHICH THE SOUND SOURCE IS LOCATED. SOUND-AMPLIFYING EQUIPMENT SHALL MEAN ANY MACHINE OR DEVICE FOR THE AMPLIFICATION OF A HUMAN VOICE, MUSIC OR ANY OTHER SOUND, OR BY WHICH THE HUMAN VOICE, MUSIC OR ANY OTHER SOUND IS AMPLIFIED. Attachment 1 UNREASONABLE NOISE SHALL MEAN ANY EXCESSIVE OR UNUSUALLY LOUD SOUND, OR ANY SOUND WHICH DISTURBS THE PEACE AND QUIET OF ANY NEIGHBORHOOD OR CAUSES DAMAGE TO ANY PROPERTY OR BUSINESS. AMPLIFIED SOUND EVENT SHALL MEAN AN OUTDOOR EVENT ON PRIVATE PROPERTY AT WHICH AMPLIFIED SOUND IS PERMITTED PURSUANT TO THIS SECTION. EVENT LOCATION SHALL MEAN THE REAL PROPERTY AT WHICH AN AMPLIFIED SOUND EVENT IS HELD , EXTENDING TO THE EXTERIOR PROPERTY LINES THEREOF. IN THE CASE OF A RESIDENTIAL NEIGHBORHOOD "BLOCK PARTY" OR SIMILAR FUNCTION , THE EVENT LOCATION SHALL BE THE PUBLIC STREET USED FOR THE EVENT. (b) UNREASONABLE NOISE: GENERALLY It is unlawful for any person to INTENTIONALLY, KNOWINGLY, OR RECKLESSLY make , continue or cause to be made or to permit or assist another to make , continue or cause to be made , any unreasonable noise which , under all of the circumstances presented, would annoy, injure or endanger the comfort , repose or peace of a person of ordinary sensitivities. The following noises and circumstances shall be deemed as prima facie unreasonable IN THE CONTEXT OF THE ABOVE STANDARDS: (1) Any noise or sound which is audible twenty-five (25) or more feet from a mobile noise or sound source or from any loudspeaker, public address system, or other sound amplifying equipment in a motor vehicle in such a manner as to be plainly audible at twenty- five (25) feet. (2) Any noise or sound which is audible within a private residence that the person responsible for the sound has no right to occupy, specifically including but not limited to apartments, common interest communities and other multiunit dwelling structures. (3) Any noise , sound source or any person or group of persons engaged in loud and continuing activities which are audible twenty- five (25) or more feet from the noise source or at the property line of the property upon which the noise source is located or upon which such activities are taking place , continuing for a minimum of fifteen (15) minutes. ( 4) Any person performing or permitting the performance of trash pickup with a truck which has a compactor or the capacity to raise and dump dumpsters in any area zoned for residential uses between the hours of 11 :00 p .m . and 7:00 a .m. For purposes of this paragraph, testimony that the name of a business which holds itse lf out as being in the business of trash hauling was written on the -2- trash truck shall be prima facie evidence that the trash truck was owned by and under the control of the employer so identified. (c) AMPLIFIED SOUND EVENT: PERMIT REQUIRED AN OUTDOOR AMPLIFIED SOUND EVENT ON PRIVATE PROPERTY IS PERMITTED UNDER THIS SECTION UNDER THE FOLLOWING CONDITIONS: (1) THE EVENT SPONSOR MUST APPLY FOR AND RECEIVE AN ADMINISTRATIVE PERMIT FOR THE EVENT, ON FORMS PROVIDED BY THE CITY CLERK. (2) THE APPLICATION SHALL BE APPROVED, APPROVED WITH CONDITIONS, OR DENIED BY THE CITY MANAGER, AFTER REVIEW BY THE POLICE DEPARTMENT AND ANY OTHER CITY DEPARTMENT AS APPROPRIATE. (3) NO AMPLIFIED SOUND EVENT PERMIT MAY BE ISSUED FOR AN EVENT OUTSIDE OF THE HOURS OF 9:00 AM AND 9:00 PM SUNDAY THROUGH THURSDAY AND 9:00 AM AND 10:00 PM FRIDAY AND SATURDAY. WITHIN THIS TIME RANGE, AMPLIFIED SOUND EVENTS MAY BE LIMITED IN DURATION AS DETERMINED BY THE CITY MANAGER. (4) THE CITY MANAGER MAY LIMIT THE NUMBER OF AMPLIFIED SOUND PERMITS PER CALENDAR YEAR THAT MAY BE ISSUED FOR ANY SINGLE LOCATION. (5) CONDITIONS MAY BE IMPOSED ON THE PERMIT TO ADDRESS THE NATURE AND LOCATION OF THE SPECIFIC EVENT. FAILURE OF THE PERMITTEE TO COMPLY WITH THE CONDITIONS MAY RESULT IN THE PERMIT BEING REVOKED. (6) THE EVENT SPONSOR SHALL POST, AT THE EVENT LOCATION, AND HAND DELIVER FLYERS TO ALL RESIDENCES AND BUSINESSES WITHIN A 300 FOOT RADIUS OF THE EXTERIOR PROPERTY LINE OF THE EVENT LOCATION, ADVISING THE SURROUNDING NEIGHBORHOOD OF THE DATE AND PERMITTED TIMES OF THE EVENT, NO LATER THAN FOURTEEN (14) DAYS BEFORE THE EVENT. (7) THE POLICE DEPARTMENT SHALL HAVE AUTHORITY TO REQUIRE THE PERMITTEE TO REDUCE THE SOUND VOLUME, CURTAIL THE HOURS OF THE EVENT, OR CLOSE THE EVENT ENTIRELY, IF THE SOUND LEVEL AT THE EVENT, EVALUATED AT THE PROPERTY LINE OF THE COMPLAINING PARTY CONSTITUTES, IN THE POLICE DEPARTMENT'S SOUND JUDGMENT, UNREASONABLE NOISE. -3- (8) AN AMPLIFIED SOUND EVENT FOR WHICH A PERMIT HAS BEEN ISSUED SHALL BE EXEMPT FROM THE PROVISIONS OF (B)(2) AND (B)(3) OF THIS SECTION. (d) ENFORCEMENT: ANY MEMBER OF THE POLICE DEPARTMENT WHO PERSONALLY OBSERVES A VIOLATION OF THIS SECTION INCLUDING AMPLIFIED SOUND EVENTS UNDER SUBSECTION (C), may serve as the complaining party in the prosecution of such violation , regardless of whether the officer's observation was initiated by the complaint of another party . (e) EXEMPTIONS : (1) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY BELL OR CHIME OR TO ANY DEVICE FOR THE PRODUCTION OR REPRODUCTION OF THE SOUND OF BELLS OR CHIMES FROM ANY CHURCH , CLOCK , OR SCHOOL. (2) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO SOUND MADE ON PROPERTY OWNED , CONTROLLED , OR LEASED BY THE CITY , THE STATE OR THE FEDERAL GOVERNMENT OR BY ANY AGENCY OR POLITICAL SUBDIVISION THEREOF , WHEN SUCH SOUND IS MADE BY AN ACTIVITY OF THE GOVERNMENTAL BODY OR SPONSORED BY IT OR OTHERS PURUSANT TO A CONTRACT , LEASE OR PERMIT ISSUED BY THE GOVERNMENTAL BODY. Section 2. 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 ord inances in conflict with the prov isions of this Ordinance are hereby repealed. Section 3. Effective Date. This Ordinance shall take effect fifteen (15) days after final publication , as provided by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 131h day of August , 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 August 27 , 2012 at 7:00p.m., in the Council Chambers , 7500 West 291h Avenue , Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vo te of _ to _, this day of , 2012 . -4- 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 -5- City of Wheat Ridge, Colorado Application & Permit for Amplified Sound (Private Property) Applicant: __________________________ _ Address: ___________________________ __ Telephone: __________________________ __ E-mail: ------------------------------- I hereby make application for an Amplified Sound Permit on Private Property pursuant to the Wheat Ridge Code of Laws Section 16-103, as follows: 1. Name, address and telephone number of Applicant: __________ _ 2. Name, address and telephone number of sponsoring organization (if different from Applicant): 3. Event Location:------------------------- 4. Date(s) of Event:---------------------- 5. Name, address and telephone number of property owner of the Event Location. 6. Hours requested for amplified sound: ______________ _ 7. Describe nature of the source of proposed amplified sound and the user I performer of sound amplifying equipment: _____________ _ 8. Describe noise control measures to be taken to minimize impacts on surrounding neighborhood:------------------------ Attachment 2 I agree, on behalf of the Applicant, that the Event will comply with all City of Wheat Ridge ordinances and regulations, and in particular the following: 1. The amplified sound will not unreasonably burden the surrounding neighborhood. 2. I will post, at the Event Location, and hand deliver flyers to all residences and businesses within a 300 foot radius of the exterior property line of the Event Location, advising the surrounding neighborhood of the date and permitted times of the Event, no later than fourteen (14) days before the Event. 3 . I will cooperate with all City of Wheat Ridge officials during the Event to ensure the conditions of the permit are satisfied. Applicant:-------------------By: ______________________ _ Print Name: ----------------------------------Date: ---------------------------------- Applicant not to write below this line Special Events Permit Amplified Sound on Private Property 1. The application is complete: yes no 2. The permit fee of$ has been paid: __ yes __ no 3. The application is: __ approved denied -- --approved with the following conditions: a. This Permit is approved for the following date(s) only: __ _ b. The hours during which amplified sound is allowed shall be from __ p.m. to __ p.m. c. Applicant shall file a copy of this Permit with the Wheat Ridge Police Department. The Police Department shall have the authority to require the permittee to reduce the sound volume, curtail the hours of the Event, or close the Event entirely if the department determines that the Event, evaluated at the property line of the Event Location, constitutes an unreasonable burden on the surrounding neighborhood which is inconsistent with the Event as described in the permit application, or is otherwise in violation of any permit condition. d. Violation of any of the permit conditions, or of any ordinance or regulation on the City, shall be cause for revocation of this Permit. e. The event sponsor shall post, at the Event Location, and hand deliver flyers to all residences and businesses within a 300 foot radius of the exterior property line of the Event Location, advising the surrounding neighborhood of the date and permitted times of the Event, no later than fourteen (14) days before the Event. f. Other conditions: -------------------------------------------- Done and signed this_ day of _________ , 20 __ City of Wheat Ridge By: ____________ _ Patrick Goff, City Manager .. ~ ~ # ... _ "' City of • ?WheatRi_dge ITEMNO:L DATE: August 13,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ACCEPT THE 2011 COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR) D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: EXECUTIVE SUMMARY: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES City Manager Section 10.15 of the Municipal Charter for the City of Wheat Ridge requires that an independent audit be performed annually of all City accounts. The CPA firm of Swanhorst & Company, LLC perfonned the audit ofthe City's financial statements for the year ended December 31 ,2011. A representative from Swanhorst & Company will be at the August 13, 2012 City Council meeting to present the 2011 CAFR to City Council for acceptance. As is reported in the attached management letter from Swanhorst & Company, the following conclusions were reached from the audit: 1. "We noted no transactions entered into by the City during the year that were both significant and unusual , and of which, under professional standards, we are required to inform you , or transactions for which there is a lack of authoritative guidance or consensus." 2 . "We evaluated the key factors and assumptions used to develop the estimates in detennining that they are reasonable in relation to the financial statements taken as a whole." 3 . "We provided management with a schedul e of audit adjustments. Managem ent has determined that a significant adjustment to the Wheat Ridge Urban Renewal Authority's accounts record be made to report the land held for resale at estimated market value. Council Action Form August 13, 2012 Page 2 Because it is held for resale, it must be reported at market value, which will require the City to continuously evaluate the carrying of the property." 4. "We are pleased to report that no such disagreements [with management] arose during the course of the audit." 5. "We encountered no significant difficulties while performing our audit." ISSUE : For the year ended December 31, 2011, the auditors have made the following recommendations: 1. Subsidiary Accounting Systems-"We continue to recommend that the City perform periodic and timely reconciliations between the general ledger system and the subsidiary accounting systems, including the recreation center, building pennits, and sales taxes. These reconciliations should be designed to detect errors and fraud in a timely manner." Currently there are four different software modules. Once we implement the web-based ADG system, we hope that we will be able to interface the modules currently being used by ADG. We will also need to identify a way to interface the Recreation software Rec Trac to our ADG system. Until then, periodic reconciliation is done manually. This comment ji-om the auditors stems ji-om the fact that we are not utilizing central cashiering. A move to central cashiering would create the need for increased staffing levels in the Finance Division. Additionally, central cashiering would impact current customer service levels, as each department is able to provide this function directly to customers instead of sending customers to a central cashier at City Hall. 2. Compensated Absences -"The City's liability for unused employee vacation time is currently over $1 million. We again recommend that the City evaluate policies in place to detennine if they are reasonable." The 2012 budget includes $50,000 for a PTO cash out program which will help reduce this existing liability. Because the program has not been fonded for several years, management expects that it will take several years for the City to correct this liability so long as the PTO cash out program is funded. Approximately ten employees have participated in the PTO cash out program this year. 3. Certificates of Deposit -"As mentioned last year, the City has purchased certificates of deposit at banks not certified under the Public Deposit Protection Act (PDP A). Some certificates were purchased by brokers rather than directly from the banks. Because these certificates of deposit are not issued in the City's name, we are unable to verify that the deposits are covered by FDIC insurance. We recommend that the City evaluate the risks involved with these certificates of deposit as well as the compliance requirements stipulated in State statutes." This is an audit comment that we have seen in the past couple of years and the City Treasurer is currently working with the City Attorney to get a legal opinion on this matter. 4. Federal Awards -"The City has historically maintained the accounting records for grants using manual spreadsheets prepared by the grant administrators or accounting personnel. Council Action Form August 13, 2012 Page 3 During the audit process, we identified small errors in the spreadsheets. We again recommend that the City centralize its grant accounting process using the established accounting system. This process will help to detect and correct errors through internal controls already in place." The Finance Division is working to establish a more formal grant program process building on our existing decentralized system. This process is in progress and we hope to finalize the process by the end of the year or early part of 2013. 5. Federal Awards -"The City is required to follow federal laws and regulations applicable to its federal grant awards. One of these regulations requires the City to review contractor payrolls for compliance with the Davis-Bacon Act. City personnel represented that this review was performed. However, the reviews were not documented with a signature or initial of the reviewer. To ensure compliance with federal regulations, we recommend that such compliance procedures are documented." The auditors met with Linda Stengel as well as staff in Public Works to go over the requirements for grants that prompted this comment during the audit process. This requirement is new to staff and the first time we have had to do this during the audit given the increase in grant funding we have received from the federal government. FINANCIAL IMPACT: The contract for audit services with Swanhorst & Company, LLC is for an amount of$20,000 for the regular audit and $4,000 for the single audit which were budgeted in the 2012 budget. RECOMMENDED MOTION: ''I move to accept the 2011 Comprehensive Annual Financial Report from Swanhorst & Company, LLC ." Or, "I move to postpone indefinitely the acceptance of the 2011 Comprehensive Annual Financial Report from Swanhorst & Company, LLC for the following reason(s) " REPORT PREPARED AND REVIEWED BY: Linda Stengel , Accounting Supervisor Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. 2011 CAFR ... ~•, ... J ., City of • :rwheatRi._dge ITEM NO:~ DATE: August 13 ,2012 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE THE USE OF THE CITY- OWNED PARKING LOT AT 7150 W 38™ AVENUE, CLOSURE OF N. HIGH COURT BETWEEN 38TH AND 39TH AVENUES, AND PLACEMENT OF BANNERS ON CITY-OWNED PEDESTRIAN LIGHTS BETWEEN HARLAN STREET AND SHERIDAN FOR THE 38TH A VENUE GRAND OPENING D PUBLIC HEARING [8J BIDS/MOTIONS D RESOLUTIONS ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES City Manager The City, Wheat Ridge 2020, and the 38th Avenue Leadership Committee are hosting a Grand Opening for 38th Avenue on Saturday, September 22"d. The event will include a ribbon cutting for the City-funded improvements to the street, a market festival , and an outdoor movie. The event includes the use of City-owned property that requires approval by City Council. PRIOR ACTION: A summary of the event and the requested use of City-owned property were handed out at the Study Session on August 6t 11 • FINANCIAL IMPACT: The cost for planning the event is $9,380, which the City will pay for from an existing professional services budget. The cost of the event itself will be covered by vendor fees , sponsorships and money from the marketing budget for the corridor, managed by Wheat Ridge 2020 and the Leadership Committee. The City will provide in-kind services, namely staff time Council Action Form August 13 ,2012 Page2 on the day of the event, to help cover the cost of the grand opening. The City will also pay approximately $380 for the cost of barricades and signage needed for traffic control. BACKGROUND: On Saturday, September 22"d , the City, Wheat Ridge 2020, and the 38th Avenue Leadership Committee will host a Grand Opening for 38th Avenue. The event will highlight the recent changes to the street and showcase the new brand for the corridor. 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 pem1it shall be revocable by the Council at its pleasure, regardless of whether or not such right to revoke be expressly reserved in such permit. The planned event depends on the use of three City-owned items: (I) A beer garden occurring in the City-owned parking lot west of Right Coast Pizza from 1-6 pm. This means that the City-owned parking lot will be closed for most of day on September 22 11d. (2) The closure ofN. High Court. During the day , the street will have a partial closure just north of Wheat Ridge Cyclery. In front of the Cyclery, the street will be open to local traffic to allow customers of the Cyclery to access parking and the bike testing area. In the evening, starting at 5 pm , the street would be fully closed to allow for a beer garden that will be open from 6-10 pm. The northern end of High Court and all of 39th A venue would remain open to local traffic only, so residents and customers of the Grange can access these properties . (3) Banners will be displayed promoting the corridor on the City-owned pedestrian lights between Harlan and Sheridan. Staff from Public Works and the Police Department have participated in planning the event logistics , including the proposed street closure, and will be present on the day of the event to help with the traffic control and public safety. RECOMMENDATIONS: Staff recommends that this request is approved. RECOMMENDED MOTION: "I move to approve the use of the City-owned parking lot at 7150 W. 38 1h Avenue, closure ofN. High Court between 38th and 39th Avenues , and placement ofbanners on City-owned pedestrian lights between Harlan Street and Sheridan for the 38th Avenue Grand Opening on September 22 11d, 2012." Or , "I move deny the use of the City-owned parking lot at 7150 W. 38th Avenue, closure ofN. High Court between 38th and 39th A venues , and placement of banners on City-owned pedestrian lights Council Action Form August 13 , 2012 Page 3 between Harlan Street and Sheridan for the 38 1h Avenue Grand Opening on September 22"d , 2012 for the following reason(s) " REPORT PREPARED/REVIEWED BY; Sarah Showalter, Planner II Ken Johnstone, Director of Community Development