HomeMy WebLinkAboutCouncil Packet 06/13/2011
CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 13, 2011 7:00 p.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 May 23, 2011 PROCLAMATIONS AND CEREMONIES Award Presentation
-Mayor sponsored Colfax Marathon Relay Team CITIZENS' RIGHT TO SPEAK a. Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment
Roster. -b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF
AGENDA L CONSENT AGENDA A. Resolution 14-2011 -amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $3,635
for the renewal of the WRlV8 Community Bulletin Board Software for 2011 . B. Resolution 17-2011 -approving an Intergovernmental Agreement between Jefferson County and the City of Wheat
Ridge for inclusion of the City as part of the Urban County for the County's Entitlement to receive Community Development Block Grant Funds. C. Resolution 18-2011 -approving a contract
with the City of Edgewater for the maintenance of streets that are common to both cities.
CITY COUNCIL AGENDA: June 13, 2011 Page -2-PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2. Council Bill 20-2011 -amending Chapter 5 of the Code of Laws concerning the regulation
of Hoop Houses .1. Council Bill 15-2011-temporarily waiving two cents of the City's Sales Tax within the Boundaries of the Longs Peak Metropolitan District. ORDINANCES ON FIRST READING
4. Council Bill 21-2011 -reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a Presiding Municipal Judge Services Agreement.
DECISIONS. RESOLUTIONS. AND MOTIONS Resolution 15-2011 -adopting a Debt Policy and Unrestricted Fund Balance Policy. §. Resolution 16-2011 -amending the Fiscal Year 2011 General
Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $40,000 for the Wheat Ridge Business District (WRBD) Revitalization Incentive Grant Program.
7. Resolution 19-2011 -approving the Jefferson County Multi-Jurisdictional, Multi-Hazard Mitigation Plan. Plan. Motion to award RFB-11-21, for the purchase of a Street Sweeper,
to OJ Watson, Denver, Colorado, at a total cost of $157,300. Motion to approve appointment of Amanda Deerr to the Parks and Recreation Commission -District I. CITY MANAGER'S MATTERS
CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS EXECUTIVE SESSION City Manager Evaluation ADJOURNMENT
CITY OF WHEAT RIDGE, COLORADO May 23.2011 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. Council Members present: Karen Adams, Joseph DeMott, Karen Berry,
Joyce Jay, Tracy Langworthy, Wanda Sang and Mike Stites. Also present: Deputy City Clerk, Bruce Roome; City Treasurer, Larry Schulz; Public Works Director, Tim Paranto; City Attorney,
Gerald Dahl; Administrative Services Director, Heather Geyer; Police Commander, Jim Lorentz; Senior Planner, Meredith Reckert; Planner, Sarah Showalter; Chief Building Official, John
Schumacher; staff and interested citizens. Council Member Davis Reinhart was absent APPROVAL OF MINUTES OF May 9. 2011 Motion by Mrs. Adams for approval of the Minutes of May 9, 2011;
seconded by Mr. Stites; carried 7-0. PROCLAMATIONS AND CEREMONIES Proclamation for "Brake for Bela" was read on behalf of Mayor DiTullio by Mrs. Wheat Ridge Karen Thaler. Mayor DiTullio
postponed the Colfax Marathon Relay';ward until the June 13, 2011 meeting. . John Zabawa, PresidenUCEO, and Kathleen Stapleton, Chair of the Board, of the Senior Resource Center, presented
the 2011 Elected Official of the Year Award to Mayor DiTullio. On May 19th the Seniors Resource Center along with the Jefferson County Council on Aging celebrated the 13th Annual Senior
Heroes Award. For these awards, eight seniors who have made significant contributions in the community through a variety of volunteer work are recognized. In addition, the center also
recognizes the elected official of the year award which is a prestigious honor and one that is considered carefully. Per Mr. Zabawa, Mayor DiTullio personifies this as he has helped
seniors in many different ways, including realizing the importance of transportation of seniors and helped to facilitate the Wheat Ridge senior circulator bus which transports those
in need to doctors offices, the recreation center, etc. Mayor DiTullio also, along with City Council, supported the Senior Resource Centers efforts to expand its current facility in
the City of Wheat R
idge. City Council Minutes May 23, 2011 Page 2 CITIZENS' RIGHT TO SPEAK Karen Thaler, thanked the Wheat Ridge Police Department for the Citizen's Police Academy which she graduated from
last Wednesday. Ms. Thaler stated that the information offered during the program is very informative and expressed that the academy lasts twelve weeks and is open to residents of the
City. Ms. Thaler recommended that residents also consider taking the City of Wheat Ridge Citizens Academy in the fall. David Land, a Wheat Ridge 2020 board member and a participant in
the 38th Ave stakeholders meetings announced that the meetings have been well attended with a variety of citizens and business owners. So far there have been two meetings with the third
upcoming meeting on June ih. The group has a vision statement and guiding principles in place, as well as, four corner stones to circle back to on every aspect of the project. These
are identity, vitality, appeal, and mobility. Mr. Land stated that recent talks have focused on business retention, improving circulation from a pedestrian and automobile stand point,
roadway design, and ways to calm traffic. PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 1. Council Bill 17-2011 -amending Chapter 26 to support Urban Agricultural Uses and Activities.
Mayor DiTullio opened the public hearing. Council Bill 17-2011 was introduced on second reading by Ms. Berry. Deputy City Clerk Bruce Roome assigned Ordinance No. 1491. Ms. Showalter
presented the staff report. The main purpose of the proposed code amendments is to support and clarify the farmer's markets, produce stands, community gardens, and community supported
agriculture. Ted Heyd, planning consultant for LiveWell Wheat Ridge. Mr. Heyd is glad to be part of the review process for this ordinance. He thanked City staff, the Planning Commission
and City Council for getting to this point in the process of considering this code amendment. LiveWell Wheat Ridge supports the ordinance. Jesse Hill, has had the pleasure over the last
year to work with LiveWell Wheat Ridge. Mr. Hill supports the ordinance but would like to see an amendment removing language that states that produce sold at these stands needs to be
grown on site. He feels this will lead to many unintended consequences and he has not seen much support in the community for that specific part of the bill.
City Council Minutes May 23, 2011 Page 3 John Lanterman, is involved in the Access to Fresh Fruits and Vegetables Task Force and is on the faculty at the University of Colorado, College
of Architecture and Planning. Mr. Lanterman spoke in support of the ordinance and stated that more and more municipalities are considering urban agriculture which creates a sense of
community and enhances economic activity. Kim Ca/omino, from Wheat Ridge 2020 spoke in support of the ordinance. She believes if Council were to pass the ordinance the community will
be seen as vibrant and further the City's historical ties. Amanda Weaver, a farm owner and fruit and vegetable producer in Wheat Ridge, is in favor of the ordinance. She also teaches
Urban Agriculture at the University of Colorado at Denver and agrees with Mr. Lanterman about how this is becoming a popular trend nation wide. Amy DePierre, is also in favor of this
zoning amendment. She and her husband are starting a community shared agriculture garden. She feels this will poise Wheat Ridge as a municipal model for urban agriculture for Denver,
as well as, the Nation. Mayor DiTullio closed the public meeting. Motion by Ms. Berry to approve Council Bill 17-2011 (Ordinance 1491) on second reading and that if take effect 15 days
after final publication; seconded by Mrs. Langworthy; Motion by Mr. Stites to amend the original motion as follows: 1. That the submittal requirement to Community Development for urban
gardens is removed: and 2. That the site plan review process for urban gardens accessory to a single or two family home is removed. Second by Mrs. Sang; motion carried 4-3 with Ms. Berry,
Mrs. Jay and Mrs. Adams voting No. Original motion, as amended, carried 5 -2 with Mr. DeMott and Mrs. Sang voting No. 2. Council Bill 18-2011 -adopting amendments to the 2006 International
Building Code, as previously adopted by reference, concerning conveyance requirements and certain referenced standards. Mayor DiTullio opened the public hearing. Council Bill 18-2011
was introduced on second reading by Mr. Stites. Deputy City Clerk Bruce Roome assigned Ordinance No. 1492.
City Council Minutes May 23, 2011 Page 4 No staff presentation. No citizens were present to speak. Mayor DiTullio closed the public meeting. Motion by Mr. Stites to approve Council Bill
18-2011 (Ordinance 1492) on second reading and that if take effect 15 days after final publication; seconded by Mr. DeMott; carried 7-0. 3. Council Bill 19-2011 -amending Section 15-4
of the Wheat Ridge Code of Laws to define "Landscaping" for nuisance enforcement purposes. Mayor DiTullio opened the public hearing. Council Bill 19-2011 was introduced on second reading
by Mrs. Langworthy. Deputy City Clerk Bruce Roome assigned Ordinance No. 1493. No staff presentation No citizens were present to speak. Mayor DiTullio closed the public meeting. Motion
by Mrs. Langworthy to approve Council Bill 19-2011 (Ordinance 1493) on second reading and that if take effect 15 days after final publication; seconded by Mr. Stites; carried 7-0. 4.
Council Bill 15-2011 -temporarily waiving the City's Two-Cent Sales Tax within the Boundaries of the Longs Peak Metropolitan District. (Public Hearing continued from 25,
2011) Mayor DiTullio continued the public hearing. Motion by Mr. Stites to continue the hearing of Council Bill 15-2011, Series 2011 temporarily waiving the City's Two-Cent Sales Tax
within the Boundaries of the Longs Peak Metropolitan District until June 13, 2011 at 7:00 p.m. in the City Council Chambers; seconded by Mrs. Jay and Mrs. Langworthy; carried 7-0. '.
City Council Minutes May 23, 2011 Page 5 ORDINANCES ON FIRST READING 5. Council Bill 20-2011 -amending Chapter 5 of the Code of Laws concerning the regulation of Hoop Houses. Council
Bill 20-2011 was introduced on first reading by Ms. Jay. Motion by Mrs. Jay to approve Council Bill No. 20-2011, on first reading, order it published, public hearing set for Monday,
June 13th at 7:00 p.m. in City Council Chambers. Seconded by Mrs. Sang; carried 7-0. DECISIONS, RESOLUTIONS, AND MOTIONS 6. Resolution 13-2011 -A Resolution approving a contract with
the Urban Drainage and Flood Control District and the City of Arvada for the design, right-of-way acquisition and construction of drainage and Flood Control Improvements for the Ridge
Road Tributary, downstream of Ward Road, along with amending the Fiscal Year 2011 Capital Investment Program Budget, and in connection therewith, approval of a Supplemental Budget Appropriation
in the amount of $50,000. Resolution 13-2011 was introduced by Mr. DeMott. Motion by Mr. DeMott to approve Resolution 13-2011 ; seconded by Mrs. Langworthy; carried 7-0. 7. Motion to
award ITB-11-06, Wadsworth Boulevard Multi-Use Trail Project, to T & M Construction, Sedalia, Colorado in the amount of $324,113.90 Motion by Ms. Berry to award ITB-11-06, Wadsworth
Boulevard Multi-Use Trail Project, to T & M Construction, Sedalia, Colorado in the amount of $324,113.90, and approve a contingency amount of $64,823 and I further move that the Director
of Public Works be authorized to issue change orders up to a total contract and contingency amount of $388,936.90; seconded by Mrs. Jay; carried 7-0. !L Motion to approve payment of
Murray Dahl Kuechenmeister & Renaud LLP April 2011 invoices for Legal Services in the amount of $21 ,048.27 Motion by Mr. Stites to approve payment of Murray Dahl Kuechenmeister & Renaud
LLP April 2011 invoices for Legal Services in the amount of $21 ,048.27; seconded by Mrs. Sang; carried 7-0. 9. Motion to award RFB-11-21, for the purchase of a Street Sweeper, to OJ
Watson, Denver, Denver, Colorado, at a total cost of $157,300
City Council Minutes May 23, 2011 Page 6 Motion by Mrs. Langworthy to award RFB-11-21, for the purchase of a Street Sweeper, to OJ Watson, Denver, Colorado, at a total cost of $157,300;
seconded by Mrs. Jay; Michael Ker, Intermountain Sweeper Company, 3881 Paris St. Denver, CO. Mr. Ker formally protested the awarded bid and stated that the accepted bid does not meet
the criteria. The street sweeper that was selected is not listed as an acceptable brand. Mr. Ker stated that numerous specifications were not met by winning vendor. Per the City of Wheat
Ridge Purchasing department rules he could not contact the Street department to demonstrate his product or ask questions. However, when he tried to contact the Purchasing department
his needs were not met. His company, Intermountain Sweeper was the only company that met all of the minimum specifications. (Intermountain's letter of protest amended to this packet)
Mr. Paranto asked Council not to take any action on this motion until the June 13th meeting so he and and his staff could review the complaint. By unanimous consent of the Council the
main motion made by Mrs. Langworthy and seconded by Mrs. Jay was withdrawn. Motion by Mrs. Adams to postpone until the June 13th meeting in order to allow Public Works time to review;
second by Mr. DeMott, carried 7-0 ELECTED OFFICIALS' MATTERS Mr. DeMott stated that has received a lot of support from community regarding the Fruitdale School purchase by the Wheat
Ridge Housing Authority and he wants to pass that along to the members of the Wheat Ridge Housing Authority and City staff, more specifically Ken Johnstone, Sally Payne, Kathy Field
and City Attorney Jerry Dahl. Mrs. Adams wanted all to be aware that Olinger Crown Hill Cemetery has a weekend of activities planned over the Memorial Day weekend and encouraged people
to attend. Ms. Berry, attended the DRCOG meeting on aging. They are providing free resources through their network of care to help with medical benefits, any prescription issues, assisted
living recommendations, etc. DRCOG estimates that in the next ten to twenty years the City of Wheat Ridge will have the highest percentage of people over the age of 70 in the Denver
Metro area. Ms. Berry would like to have a presentation to City Council by DRCOG at a study session, consensus by Council to have Ms. Berry arrange this. Mayor DiTullio thanked the Senior
Resource Center for the unexpected award. The Wheat Ridge Senior Resource Center is located at 32nd and Chase and they have invested over $7 million into their new building and the community.
This is a great addition to the City of Wheat Ridge and anyone interested should go by and see it for themselves.
City Council Minutes May 23, 2011 Page 7 Meeting adjourned at 8:29 p.m. Bruce Roome, Deputy City Clerk APPROVED BY CITY COUNCIL ON June 13, 2011 BY A VOTE OF to Tracy Langworthy, Mayor
pro tem 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.
• # .... ., -City of ? WheatR.L..dge DATE: June 13, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 14-2011 -A RESOLUTION AMENDING THE FISCAL YEAR
2011 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $3,635 FOR THE RENEWAL OF THE WRTV8 COMMUNITY BULLETIN BOARD SOFTWARE FOR 2011
o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING o YES Should the City approve a supplemental
budget appropriation in the amount of $3,635 for the renewal of WRTV8 Community Bulletin Board software? PRIOR ACTION: City Council approves funding for the license renewal of the bulletin
board software annually_ The licensing fees are paid for using City Public Education Government fee funds (PEG). FINANCIAL IMPACT: The requested amount of the supplemental budget appropriation
is $3 ,635 for the renewal of the WR TV8 bulletin board software through December 31, 2011 . BACKGROUND: The WRTV8 Community Bulletin Board is an essential communication tool and provides
timely and useful information to citizens about City services and programs. The City's contract with V :\F orms\CAFtemplate
Council Action Form June 13, 2011 Page 2 Symon Communications, Inc., will expire on June 30, 2011. In order to continue to provide the Community Bulletin Board on WRTV8, staff is requesting
approval of a supplemental budget appropriation in the amount of $3,635. The supplemental budget appropriation consists of transferring a total of$3,635 in revenues from the general
fund undesignated reserves. The current balance of funds is $193,864.79 (this amount only reflects the first quarter 2011 s). The renewal period is only through December 31, 2011 because
Symon Communications will no longer support our existing SDA equipment (server) and the City is required to upgrade to the newest version of the server. Staff estimates the upgrade will
cost approximately $30,000. Because of the cost to upgrade to new equipment and an increase in license fees, staff will be moving forward with bidding out this City service. In addition
to the cost of upgrading the server, staff will have to recreate hundreds of bulletin board board slides that are on the current system. The City holds eight licenses utilized by the
following departments: Police, Community Development, City Manager's Office (3), Public Works, and Parks and Recreation (both the Recreation Center and Senior/Community Center). The
Community Bulletin Board exists to provide not-for-profit services and to promote City services and programs. Additionally, per the City'S Channel 8 Policy, the bulletin board system
can be used to promote non-profit programs and services. The bulletin board cannot be used for-profit or business promotion. Per the City's franchise agreement with Comcast, PEG (Public
Education Government) fee revenues may only be utilized to support equipment, software and maintenance associated with the operation of WTV8. PEG fee revenues cannot be co-mingled with
other general fund revenues and the purpose of the funding is solely to support WRTV8 operations (not to include staff salaries or the purchase of programming). Additionally, staff tracks
the balance of PEG fee funding. The current balance of available PEG fee funds is $193,864.79. This total does not include a 2011 second quarter PEG Fee payment. revenues have averaged
approximately $42,000 per year. RECOMMENDATIONS: Staff recommends that City Council approve the supplemental budget request. Funding for the software renewal is not budgeted in the General
Operating budget since funding can be utilized for this WRTV8 service. Again, staff is recommending that the City pay for Symon services through December 31, 2011. In the interim, IT
will bid out the community bulletin board and a recommendation will be brought back to COlmcil in the fall. RECOMMENDED MOTION: "I move to approve Resolution No. 14-2011 -a resolution
amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of$3,635 for the renewal of the WRTV8 Commlmity Bulletin
Board Software and the purchase of an additional software license." Or,
Council Action Form June 13, 2011 Page 3 "I move to postpone indefinitely Resolution No. 14-2011 -a resolution amending the Fiscal Year 2011 General Fund Budget to reflect the approval
of a supplemental budget appropriation in the amount of $3,635 for the renewal ofthe WR TV8 Community Bulletin Board Software and the purchase of an additional software license for the
following reason(s) " REPORT PREPARED BY: Heather Geyer, Administrative Services Director/PIO ATT ACHMENTS: 1. Resolution No. 14-2011 2. SymonCare Renewal Quote thru December 31, 2011
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 14 Series of 2011 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2011 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $3,635 FOR THE RENEWAL OF THE WRTV8 COMMUNITY BULLETIN BOARD SOFTWARE FOR 2011 WHEREAS, the City Council recognizes the Channel 8 Community Bulletin Board
as an important communication tool in informing the community about City programming and services; and WHEREAS, the use of Public Education Government (PEG) Fees can only be utilized
for equipment, software and maintenance needed for operating Channel 8; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting
a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the renewal of the annual maintenance
agreement for Community Bulletin Board software. B. The City Council authorizes the transfer of $3,635 from the general fund undesignated reserves to account number 01-111-700-755 and
amending the 2011 fiscal year budget accordingly. DONE AND RESOLVED this 13th day of June 2011. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk Attachment 1
,....... AI n =-3 CD .=.. N SymonCare Renewal Quote S/23/2011 Page 1 of 2 Contract: 28303 Ship To Verification : WHEA00001 USC001 City Of Wheat Ridge Heather Geyer -City
Managers Office 7500 W 29th Avenue Wheat Ridge CO 80033 Contract # 0000028303 Location: SAL01 -7500 W 29th Avenue Wheat Ridge CO 80033 Item Code Item 7817 SES
-SES I -T R9 8160 Design Studio 1 st 8161 Design Studio (Qty 2-S) each 7132 Symon Says (1-10) PROG-8200 OnTarget Content -1 st Subscription 7323CC Collector -ODBC Collector of Choice
8162 Design Studio (Qty 6-10) 818S SDA-S20 8162 Design Studio (Qty 6-10) Serial # 00132083F3AA Bill To Verification: WHEA00001 USC001 City Of Wheat Ridge Heather Geyer -City Managers
Office 7500 W 29th Ave Wheat Ridge CO 80033 Service From: 8XS 7/01/11 8XS 7/01 /11 4 8XS 7/01 /11 S 8XS 7/01 /11 Subscribe 7/01 /11 8XS 7/01 /11 2 8XS 7/01 /11
8XS 7/01 /11 8XS 8/01/11 To: 12/31/11 12/31/11 12/31/11 12/31/11 12/31/11 12/31/11 12/31/11 12/31 /11 12/31/1 1 Location Total:(Excludes Sales Tax) Maint Fee $630.00 $270.00 $864.00
$12S.00 $1,000.00 $0.00 $324.00 $287.00 $13S.00 $3,635.00 Contract Total Coveraae throuah 12/31/2011 (Excludes Sales Tax) $3,635.00 SYMON Communications, Inc. I 500 N Central Expressway,
Suite 175 -Plano, Texas 75074 contact Isabel Valencia I tel 972-543-9523 I fax 972-767-3881 I email ivalencia@symon.com
- City of • ? WheatRi-dge DATE: June 13,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 17-2011-A RESOLUTION APPROVING AN INTERGOVERNMENTAL
AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE FOR INCLUSION OF THE CITY AS PART OF THE URBAN COUNTY FOR THE COUNTY'S ENTITLEMENT TO RECEIVE COMMUNITY DEVELOPMENT BLOCK
GRANT FUNDS. D PUBLIC HEARING D BIDS/MOTIONS I:8l RESOLUTIONS ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES City Manager Every
three years Jefferson County must re-qualify for entitlement status as an Urban County enabling them and participating jurisdictions to receive Community Development Block Grant (CDBG)
and Home Investment Partnership Program (HOME) funds from the U So Department of Housing and Urban Development (HUD). The County is currently in the process of requalifying for the next
three fiscal years of September 1, 2012 to August 31, 2014. Jefferson County is inquiring inquiring as to whether the City wishes to continue to participate as part ofthe Urban County
allowing the City to apply for CDBG funds through the County. Jefferson County requires that jurisdictions interested in participating as part of the Urban County enter into an Intergovernmental
Cooperation Agreement (lGA). The IGA spells out the activities the County and jurisdictions can undertake to assist in community revitalization and low-income housing activities as directed
in the CDBG regulations. Ifthe City wishes to participate in the Urban County, the IGA must be approved through a City Council resolution.
Council Action Form June 13,2011 Page 2 PRIOR ACTION: This item was discussed at the June 6, 2011 City Council study session. FINANCIAL IMPACT: By participating in the Urban County,
the City is eligible to apply for CDBG funds through Jefferson County. BACKGROUND: In previous years the jurisdictions participating in the Urban County received a direct annual allocation
of CDBG funds based on the proportion of low to moderate income persons in their respective communities. Last year, at HUD's request, the County removed the automatic allocation to the
jurisdictions from the cooperation agreement. The funds that were being given to the jurisdictions are now being put in the overall pot of money that agencies and non-profits apply to
annually for funding. The jurisdictions now must compete for CDBG funds in the same manner as other agencies and organizations. Project applications are reviewed by the Community Development
Advisory Board (CDAB) based on criteria set forth in the County's Consolidated Plan and the the goals ofthe Jefferson County Board of County Commissioners. The CDAB makes recommendations
to the Commissioners for projects to be funded. Each jurisdiction that is part of the Urban County has membership on the CDAB. The IGA establishes that the participating jurisdictions
will be given priority when applying through CDAB for funds. Staff recommends continued participation in the Urban County due, in part, to the fact the City currently has two active
contracts for CDBG funding through the County. If the City were to elect not to participate and enter into the cooperative agreement, the County could request that the funds already
awarded be returned and funds due to the City not be awarded. The two existing contracts are $900,000 that was awarded and expended for the purchase of seven single family homes by the
WRHA and $97,000 due to the City in CDBG-R (American Reinvestment and Recovery Act funds) for energy upgrades and improvements to the Active Adult Center. In addition, by participating
in the Urban County, the City is eligible to compete for funds through the CDAB. RECOMMENDATIONS: Staff recommends that City Council approve Resolution 17-2011, an IGA between the City
of Wheat Ridge and Jefferson County concerning CDBG programs. RECOMMENDED MOTION: "I move to approve Resolution 17-2011, an IGA between the City of Wheat Ridge and Jefferson County concerning
participation in the Urban County related to CBDG funds." Or, "I move to deny approval of Resolution 17-2011, an IGA between the City of Wheat Ridge and Jefferson County concerning participation
in the Urban County related to CDBG funds, for the following reasons "
Council Action Form June 13,2011 Page 3 REPORT PREPAREDIREVIEWED BY: Sally Payne, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: 1. Resolution No. 17-2001
2. Intergovernmental Cooperation Agreement 3. Letter from Jefferson County Community Development
TITLE: CITY OF WHEAT RIDGE CITY COUNCIL RESOLUTION NO. 17 Series 2011 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE FOR INCLUSION
OF THE CITY AS PART OF THE URBAN COUNTY FOR THE COUNTY'S ENTITLEMENT TO RECEIVE COMMUNITY DEVELOPMENT
BLOCK GRANT FUNDS WHEREAS, pursuant to the Housing and Community Development Act of 1974, as amended, 42 U.S.C. 5301, et. Seq. (the Act), the U. S. Department of Housing and Urban Development
(HUD) administers a wide range of local housing and community development activities and programs under Title 1 of the Act; and WHEREAS, the primary objective of Title 1 of the Act is
the development of viable urban communities by providing decent housing, a suitable living environment, and expanding economic opportunities principally for persons of low to moderate
income; and WHEREAS, to further this objective, HUD provides Community Development Block Grant (CDBG) funds to local governments to conduct and administer housing and community development
activities and projects; and WHEREAS, HUD has made a determination that Jefferson County is an urban county and as such is eligible to qualify and receive funds from HUD by annual grant
agreement; and WHEREAS, the City of Wheat Ridge can participate in Jefferson County's Community Development Block Grant Programs by entering into an Intergovernmental Agreement between
the County and other municipalities and towns within the-County who wish to become Participating Jurisdictions; and WHEREAS, the City of Wheat Ridge is a party to that certain Intergovernmental
Agreement, dated on or about May 25,2011, between the City and Jefferson County, Colorado, which agreement concerns the City's participation in the County-administered Community Development
Block Grant Programs and which agreement concerns federal fiscal years 2011 through 2013; and WHEREAS, the Agreement sets out the purposes, powers, rights and obligations and the financial
and other responsibilities of the Parties thereto; and Attachment 1
'WHEREAS, the Parties have collectively and separately determined that it will be mutually beneficial and in the public interest of the Parties to enter into the above-referenced Agreement
regarding the conduct of HUD's Community Development Block Grant Programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: 1. The
Intergovernmental Cooperation Agreement between the City of Wheat Ridge and Jefferson County concerning Community Development Block Grant Programs (Federal Fiscal Years 2012 through
2014), dated May 25, 2011, a copy of which is attached hereto as Exhibit A is hereby approved by the City Council of the City of Wheat Ridge, Colorado. 2. The Mayor and City Clerk are
hereby authorized to execute the Agreement on behalf of the City. 3. This Resolution shall take effect immediately. DONE AND RESOLVED THIS ____ day of _ _____ , 2011 . Jerry DiTullio,
Mayor ATTEST: Michael D. Snow, City Clerk
INTERGOVERNMENTAL COOPERATION AGREEMENT Between JEFFERSON COUNTY and the CITY OF WHEAT RIDGE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAMS (Federal Fiscal Years 2012 through 2014) THIS
AGREEMENT, dated for reference purposes only this 25 day of May, 2011, is between Jefferson County, Colorado (the "County"), a body politic and corporate of the State of Colorado, and
the City of Wheat Ridge (the "City"), a municipal corporation of the State of Colorado located in Jefferson County. RECITALS A. Pursuant to The Housing and Community Development Act
of 1974, as amended, 42 U.S.C. 5301 et seq., (the "Act"), the U.S. Department of Housing and Urban Development ("HUO") administers a wide range of local housing and community development
activities and programs under Title I of the Act. B. The primary objective of Title I of the Act is the development of viable urban communities, by providing decent housing, a suitable
living environment, and expanding economic opportunities principally for persons of low and moderate income. To further this objective, the Federal government provides Community Development
Block Grant ("CDBG") funds to local governments to conduct and administer housing and community development activities and projects (the "CDBG Programs"). The CDBG Programs are governed
by regulations contained in 24 C.F. R. Part 570 (the "CDBG Regulations"). C. A determination has been made by HUD that the County is eligible to qualify as an urban county to receive
funds from HUO by annual grant agreement. D. To become entitled on an annual basis to receive CDBG funds, a county must qualify as an "urban county." The City and other units of local
governments may be included as part of the urban county by entering into cooperation agreements. A city that has entered into an intergovernmental cooperation agree!llent the
County shall be considered to be a "Participating Jurisdiction." --E. The qualification by HUO of an urban county remains effective for the next three successive fiscal years, September
1, 2011 through August 31, 2014, (the "Program Years") regardless of changes in the County's population during that period, except for failure of an urban county to receive CDBG entitlement
funds during any year of that period. This Agreement shall remain in effect through the Program Years and such additional time as may be required for the expenditure of funds granted
and income received during the Program Years and the completion of the funded activities (the "Period of Performance"). Neither the County nor the City may terminate, withdraw, or be
removed from the cooperation agreement while it remains in effect. F. The County is submitting to HUD the required documentation to qualify as an urban county so as to become eligible
to receive annual CDBG funds for the Program Years (as "Entitlement County"). The City wishes to be included as part of the urban county and to be eligible to participate in the County's
CDBG Programs for the Program Years. C:\Users\Owner\Documents\KristinVellCoVune 3\IGA_Jefferson County WR.doc 1 Attachment 2
G. Pursuant to C.R.S. Section 29-1-201, et seq., the City and the County may enter into agreements for joint or cooperative action and may contract with each other to perform any governmental
service, activity, or undertaking that each is authorized by law to perform. H. This Agreement sets forth fully the purposes, powers, rights, obligations, and the financial and other
responsibilities of the parties. I. Accordingly, the parties have determined that it will be mutually beneficial and in the public interest of the parties to enter into this Agreement
regarding the conduct of the CDBG Programs. AGREEMENT NOW, THEREFORE, in consideration of the promises and cooperative actions contemplated hereunder, the parties agree as follows: 1.
Inclusion of the City. The City shall be included as a part of the County for CDBG qualification and grant calculation purposes for the Program Years. The parties recognize their mutual
benefit to seeking entitlement status so that there may be local control over CDBG monies and and so that the parties may receive the benefits of yearly allocations of CDBG monies. The
City understands that participation in the CDBG Cooperation Agreement covers the CDBG Programs and, where applicable, the HOME Investment Partnership ("HOME") Program. By executing the
CDBG Cooperation Agreement, the City understands that it: a. May not apply for grants from appropriations under the State CDBG Programs for fiscal years during the period in which the
City participates in the urban county's CDBG Programs. b. May receive a formula allocation under the HOME Program only through the urban county. Thus, even if the urban county does not
receive a HOME formula allocation, the City cannot form or participate in a HOME consortium with other local governments. This does not preclude the urban county or the City participating
with the urban county from applying for HOME funds from the State, if the State allows. • 2. Period of Performance. This Agreement shall remain in effect through the Program Years and
such additional time as may be required for the expenditure of funds granted and income received during the Program Years and the completion of the funded activities (the "Period of
Performance"). Neither the County nor the City may terminate, withdraw, or be removed from the Program during the Period of Performance. 3. Renewals. This Agreement will renew automatically
for participation by the parties in successive three-year (3-year) qualification periods, unless the City or the County provide written notice to the other party that it selects not
to participate in a new qualification period. The terminating party shall send a copy of the notice of termination to the BUD field office by the date specified in HUD' s urban county
qualification period. The County will notify the City in writing of the City's right to make this election. A copy of the County's notification must be sent to the BUD field office by
the date specified in the urban county qualification notice. Failure by either party to adopt an amendment amendment to the Agreement incorporating all changes necessary to meet the
requirements for cooperation agreements set forth in the urban county qualification notice applicable for a subsequent three-year urban county qualification period and to submit the
amendment to BUD as provided in the urban county qualification notice will void the C:\Users\OwnerlDocuments\Kristin\JefiCo\June 3\IGA_Jefferson County WR.doc 2
automatic renewal of such qualification period. If the Agreement is renewed, the subsequent three-year (3-year) period will constitute the new Program Years. 4. Mutual Cooperation. The
City and the County agree to cooperate as follows: a. To cooperate to undertake, or assist in undertaking, community renewal and lowerincome housing assistance activities, as approved
and authorized between the parties in the COBG Agreements, including the Consolidated Plan. b. To plan and prepare the COBG Programs, the Comprehensive Housing Affordability Strategy
and Community Development Plan (the "Consolidated Plan"), and detailed descriptions of COBG Programs to be conducted or performed during each of the Program Years. The finalized activities
and projects will be included in the Consolidated Plan and in the requests for COBG funds for the Program Years. The parties acknowledge, however, the County has responsibility, as mandated
by HUD for selection of the COBG Programs to be included in the grant request and for submission of that request. The parties recognize that mID requires the County to execute all grant
agreements and holds the County legally liable and responsible for the overall administration and performance of the COBG Programs. Accordingly, the parties agree that the County shall
have the administrative responsibility necessary to meet the requirements of mID for the COBG Programs to be performed or conducted by the City. c. As required by mID, pursuant to 24
C.F.R. § 570.501 (b), the unit oflocal government is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement as described in 24
CFR 570.503 which asserts that the City may enter into separate COBG agreements (the "COBG Agreements") with the County for the actual conduct of the COBG, as approved and authorized
by the Board of County Commissioners and the Consolidated Plan. The agreement shall remain in effect during any period that the subrecipient has control over COBG funds, including program
income. At a minimum, the written agreement with the subrecipient shall include provisions concerning the following items: statement of work; records and reports; program income; uniform
administrative requirements; suspension and termination; reversion of assets. As required by HUD, the parties agree to include standards relating to the management and disposition of
assets and real property acquired through the COBG Programs, in accordance with 24 C.F.R.570. d. As required by mID, to affirmatively further fair housing within their own jurisdictions.
The County may not provide any COBG funding for activities in or in support of the City if the City does not affirmatively further fair housing within their own jurisdiction or if the
City impede the County's actions to comply the fair housing certification. This provision is required because noncompliance by the City included in an urban
county may constitute non-compliance by the urban county, which may provide cause for funding sanctions sanctions or other remedial action by HUD. 5. Distribution of Funds. a. Administrative
Allocation. The County may retain no more than twenty percent (20%) of the total COBG funds allocated to the County for purposes of general oversight, management, coordination, and related
costs ("Administrative Allocation"). 6. Project Application and Approval Process a. Project applications from the County, the City and other eligible applicants will be reviewed by the
Community Development Advisory Board (CD Advisory Board) using evaluation criteria set forth in the applicable Consolidated Plan and the goals of the Jefferson County Board of C:\Users\Owner\Document
s\KristinVefICoVune County WR.doc 3
County Commissioners. Higher priority shall be given to eligible proposals submitted by the County and the City so long as proposals are consistent with the applicable Consolidated Plan.
b. The decision for determining what funds receive block grant funding is the responsibility of the Jefferson County Board of County Commissioners. 7. Advisory Board. In furtherance
of the cooperative process of developing the CDBG Programs, and in order to ensure coordination while respecting the role of the City, Jefferson County has established a Community Development
(CD) Advisory Board. a. Membership. The CD Advisory Board shall be appointed by the Jefferson County Board of County Commissioners and shall include one member from each participating
jurisdi<;tion. The Participating Jurisdictions shall advise the Jefferson County Board of County Commissioners of its nominee for the Advisory Board. b. Duties. The CD Advisory Board
shall recommend the allocation of funds to the County, the City and other eligible applicants. applicants. Although HUD requires the County to maintain legal liability and responsibility
for the overall administration and performance of the CDBG Programs, the County will give strong consideration to the recommendations of the CD Advisory Board. 8. Mutual Agreements.
The parties agree as follows: a. Books and Records. To maintain a complete set of books and records that account for the CDBG monies and the supervision and administration of the CDBG
Programs. The parties agree that they will provide access to these books and records to each other and to HUD, as necessary or requested, to confirm compliance with Federal laws and
regulations. b. Compliance with Laws. To take all actions necessary to comply with the following laws and to assure compliance with County certifications required by: i. Federal Laws
and Regulations. The Housing and Community Development Act of 1974, as amended; Title VI of the Civil Rights Act of 1964; sections 104(b) and 109 of Title I of the Housing and Community
Development Act of 1974; the Fair Housing Act, 42 U.S.C. 5301, et seq., 24 C.F. R. Part 570, and especially 24 C.F. R. 570.501(b) applicable--to subrecipients and 24 C.F. R. 570.503
applicable to the minimum standards for a written agreement prior to disbursing any CDBG funds; 24 C.F. R. Part 570, et seq., relating to requirements governing any income generated
from CDBG funds, ("Program Income"); all rules, regulations, guidelines, circulars, and other requirements promulgated by the various Federal agencies, administrations,
and commissions relating to the CDBG Programs. ii. State and Local Law Compliance. The responsibilities of the parties shall be subject to applicable state laws, city and county ordinances,
resolutions, rules and regulations, and city charter provisions. 111. Nonviolent Civil Rights Policies. Pursuant to 42 U.S.C. 5304(b) (2), the County and the City each have adopted and
are enforcing and, if requested, will provide copies to each other of the following policies: (a) Prohibiting the use of excessive force by law enforcement agencies within its jurisdiction
against any individuals engaged in nonviolent civil rights demonstrations, and C:IUsersIOwner\Documents\KristinVefICoVune County WR.doc 4
(b) Enforcing applicable state and local laws against physically barring entrance to or exit from a facility or location which is the subject of nonviolent civil rights demonstrations
within its jurisdiction. c. Expenditure of Funds. All CDBG funds that are approved by HUD for expenditure under the grant agreements will be budgeted and allocated (i) to the County,
no more than twenty percent (20%) of the total CDBG funds allocated to the County for administrative, general oversight, management, coordination, and related costs, as allowed by HUD,
and (ii) to the specific CDBG Programs described in the Consolidated Plan, which shall be expended only for the CDBG Programs for which the funds are provided. d. Lobbying Requirement.
To the best of the knowledge and belief of each of tbe City and County: i. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing
or attempting to influence an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement; ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer
or employee of any agency, a member of Congress, an officer or employee of Congress or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, each party agrees that it will complete and submit a Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Ill. Each party agrees that
it will require the language of this paragraph be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans,
and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. 9. Amendments. This Agreement constitutes the entire agreement of the parties. Any changes
and modifications to this Agreement shall be made in writing and shall be executed by both parties prior to the performance of any work or activity involved in the change and be approved
by HUD. 10. Miscellaneous Provisions. a. Choice of Law. This Agreement and the rights and duties of the parties shall be interpreted in accordance with the laws of the State of Colorado
applicable to contracts made and to be performed entirely within the state. b. Forum. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or
litigation arising hereunder. c. Venue. Venue for any and all legal actions arising hereunder shall lie in the District Court in and for the County of Jefferson, State of Colorado. d.
Officials Not to Benefit. No member of the City or County government, commissioners or individual elected officers shall receive any share or part of this Agreement or any benefit that
may arise therefrom. C:\Users\Owner\Documents\Kristin\JeflCo\June 3\IGA County WR,doc 5
e. Indemnification. To the extent allowed by law, the City and the County agree to indemnify and hold each other harmless from and against any and all claims, losses, expenses, and attorney
fees, including but not limited to damages for personal injury, theft or damage to property, both public and private, resulting from or arising out of an act or omission resulting directly
or indirectly from the performance or failure to perform under this Agreement, provided, however, that the indemnification shall not cause a waiver of the Govemmentallmmunity Act for
either the City or the County. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly authorized and executed. ATTEST: By: ___________ _ Cityrrown Clerk ATTEST:
By: _________ _ County Clerk APPROVED AS TO FORM: GayB. Ummel Assistant County Attorney JURISDICTION: ________ _ By: ___________ _ Name: ---------------------------Titl
e:. ______________ __ Date: -----------------------------STATE OF COLORADO COUNTY OF JEFFERSON By: ____________ __ Faye Griffin, Chairman Board of County Commissioners Date: _________________________
__ _ C:\Users\Owner\Documents\Kristin\JetK:o\June 3\IGA County WR.doc 6
100 Jefferson County Parkway. Suite 3520. Golden. CO 80419 • (303)271-8372 • FAX (303)271-8375 • http://jeffco.us/commdev May 13, 2011 The Honorable Name Address City, State Zip Dear
Mayor Name: As of August 31, 2011, Jefferson County will be completing its three-year qualification period for entitlement status as an urban county entitling the County and its participating
jurisdictions to receive Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) funds. These funds have allowed Jefferson County to work cooperatively
with its local governments to pursue a wide range of local housing and community development activities benefiting Jefferson County residents. In order for Jefferson County to continue
to carry out essential community development and housing activities using CDBG and HOME funds within the geographic boundaries of a local government, the County is required to have executed
cooperation agreements with these units of government. Three years ago your jurisdiction jurisdiction elected to participate as part of the urban county and entered into a cooperation
agreement with Jefferson County. Jefferson County is currently pursuing the re-qualification process to maintain its entitlement status and I am contacting you to inquire about your
jurisdictions interest in continuing its participation as part of the Urban County for the next three successive fiscal years -September 1, 2011 through August 31, 2013. Should your
jurisdiction elect to continue its participation in the urban county, your jurisdiction will be eligible for participating in Jefferson County's CDBG Program. Participation will also
enable your jurisdiction to participate in the County's HOME program. However, if your jurisdiction chooses to remain with the urban county, it is ineligible to apply for grants under
the State CDBG program, which is administered separate from the Jefferson County CDBG program. However, participation does not preclude your city from applying to the State for HOME
funds, if the state allows. Because of HUD-required revisions to the previous cooperation agreement, the County is currently preparing a new cooperation agreement. The new cooperation
agreement will be sent to for your review. If your jurisdiction elects to continue its participation in the urban county I ask that you execute the agreement and return it to my office
by June 17, 2011. If your jurisdiction chooses to be excluded from the urban county, it must notify both the county and the HUD Field Office of its election to be excluded by June 3,
2011. Such election to be excluded will be effective for the entire three-year period for which the urban county qualifies, unless the excluded unit specifically elects to be included
in a 100 Jefferson County Parkway, Suite 3520 Golden, Colorado 80419 Phone: 303-Z71-8372 Fax: 303-271-8375 Attachment 3
subsequent year for the remainder of the urban county's three-year qualification period. HUD: L.Susan.McAlhaney Department of Housing and Urban Development Office of Community Planning
and Development 1670 Broadway Denver, CO 80202 Jefferson County: Kat Douglas Jefferson County Community Development 100 Jefferson County Parkway, Suite 3530 Golden, CO 80419 If you have
any questions, please do not hesitate to call me at 303.271.8372. Sincerely, Kat Douglas Director 100 Jefferson County Parkway, Suite 3520 Golden, Colorado 80419 Phone: Fax:
303-271-8375
. ... J ., -City of • ? WheatRL.-dge ITEM NO: I. DATE: June 13,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 18-2011 -A RESOLUTION APPROVING A CONTRACT WITH
THE CITY OF EDGEWATER FOR THE MAINTENANCE OF STREETS THAT ARE COMMON TO BOTH CITIES o PUBLIC HEARING o BIDSIMOTIONS RESOLUTIONS o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND
READING 0 YES c2 Public Works Director ISSUE: The City has scheduled the re-surfacing of 29th Avenue east of Wadsworth Boulevard
for this year. The southern half of 29th A venue for Kendall Street to west of Gray Street is in Edgewater. The proposed Intergovernmental Agreement (IGA) will allow the inclusion of
the Edgewater portion of 29th Avenue in the City'S project. PRIOR ACTION: None FINANCIAL IMPACT: The Agreement requires the City to pay for paving the portion of 29th A venue in Edgewater
this year, with Edgewater spending an equivalent amount to pave a portion of 26th A venue in Wheat Ridge in conjunction with an Edgewater project. The paving of the Edgewater portion
of 29th Avenue will cost approximately $20,000. BACKGROUND: The City will be re-surfacing 29th Avenue from Wadsworth Boulevard to Fenton Street in the 2011 Overlay Project. A portion
of 29th Avenue lies in Edgewater and Edgewater was contacted to arrange for paving ofthe Edgewater section of 29th Avenue in conjunction with the City's project. Edgewater budget constraints
prevented any expenditure for 29th Avenue this year. The proposed IGA was suggested to Edgewater to allow consistent pavement surfacing on 29th
Council Action Fonn June 13, 2011 Page 2 Avenue. The 1GA provides that Edgewater pave a portion of 26th Avenue within Wheat Ridge with a future paving project in their City. RECOMMENDATIONS:
Staff recommends that the Edgewater 1GA be approved. RECOMMENDED MOTION: "I move to approve Resolution No. 18-2011, a resolution approving a contract with the City of Edgewater for maintenance
of streets that are common to both cities." Or: "I move to table indefinitely Resolution No. 18-2011, a resolution approving a contract with the City of Edgewater for maintenance of
streets that are common to both cities for the following reason( s) " REPORT PREPAREDIREVIEWED BY: Tim Paranto, Public Works Director ATTACHMENTS: 1. Edgewater 1GA 2. Resolution No.
18-2011
AGREEMENT THIS AGREEMENT is made and entered into this __ day of _____ ----' 2011 ("Effective Date"), by and between the CITY OF EDGEWATER, COLORADO, a Colorado municipal corporation,
(hereinafter referenced as "Edgewater"), and the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation (hereinafter referred to as "Wheat Ridge"). RECITALS WHEREAS, Wheat Ridge
and Edgewater are neighboring municipalities that share a common boundary line within certain public rights-of-way, including West 26th Avenue and West 29th Avenue, as illustrated by
Exhibit A, attached hereto and incorporated herein by this reference; and WHEREAS, the portions of West 26th and 29th Avenues that separate the two jurisdictions must be maintained by
repaving said portions in the future; and WHEREAS, the parties agree that the entire width of the paved portions of these rightsof-way should be repaved at one time by one party, rather
than in pieces by both parties; and WHEREAS, the parties therefore wish to enter into an agreement agreement under which each party assumes responsibility for paving the entire width
of some portions of these two Avenues upon terms and conditions that fairly reflect each party's proportionate ownership in each. COVENANTS NOW THEREFORE, in consideration of the recitals,
covenants, and promises herein set forth and other good and valuable consideration herein receipted for, the parties agree as follows: 1.0 Repaving Responsibilities. Wheat Ridge agrees
to repave the entirety of the currently-paved portion of West 29th Avenue that separates Wheat Ridge and Edgewater, as illustrated by Exhibit A. Edgewater consents to Wheat Ridge repaving
the portion of West 29th Avenue that lies within Edgewater's boundaries. Edgewater agrees to· repave the currently-paved width of a portion of the length of West 26th Avenue separating
Wheat Ridge and Edgewater, as illustrated by Exhibit A. Subject to the requirements of Section
2.0 below, Edgewater may designate which portion(s) of West 26th Avenue to repave. Wheat Ridge consents to Edgewater repaving any such portion(s) of West 26th Avenue that lie within
Wheat Ridge's boundaries. 2.0 Edgewater to Provide Credit Towards 26th Avenue Repavement. The parties contemplate that Wheat Ridge will complete the repaving of West 29th Avenue under
this Agreement before Edgewater will complete the repaving of West 26th Avenue. The parties agree that a reasonably accurate estimate of Edgewater's proportionate share of the cost of
repaving West 29th Avenue is twenty thousand dollars ($20,000). Edgewater agrees to provide, and Wheat Ridge agrees to accept, as consideration for Wheat Ridge completing its repaving
obligations under this Agreement first, a credit of twenty thousand dollars ($20,000) to be applied to Wheat Ridge's proportionate share of the cost of repaving a portion of West 26th
Avenue when that work is performed by Edgewater. The parties agree that the bargained-for Attachment 1
consideration hereunder is a credit of twenty thousand dollars ($20,000) and is not the repaving of any particular area of West 26th Avenue by Edgewater. Once earned by Wheat Ridge,
this credit shall not terminate until Edgewater expends twenty thousand dollars ($20,000) repaving areas of West 26th Avenue within Wheat Ridge or until the credit is applied to another
project pursuant to Section 4.0 below. 3.0 Term. This Agreement shall be and remain in effect from the Effective Date until each party performs its repaving obligations as set forth
in Section 1.0 hereof or until all credits earned hereunder have been otherwise exhausted. 4.0 Failure to Repave. In the event either party fails to perform its repavement obligations
as set forth in Section 1.0 above, the parties agree to negotiate in good faith to apply an equitable credit or alternative agreement to another public project in which each has an interest.
Each party agrees that it is not entitled to any cash payment in lieu of or as damages for the other party's failure to perform its repavement obligations hereunder. 5.0 Notice of Projects.
Each party agrees to provide the other with reasonable advance notice of any repaving project. 6.0 Liability. Each party shall be responsible for its own negligent acts. To the extent
permitted by law, each party shall reimburse the other party for any costs, expenses or legal fees that either party may incur for any liability resulting from the negligent acts of
the other party in its performance of its obligations under this Agreement. 7.0 Notices. Any notices required or permitted hereunder shall be sufficient if personally delivered or if
sent by First Class U.S. mail, postage prepaid, addressed as follows: If to Wheat Ridge: If to Edgewater: City Manager City of Wheat Ridge 7500 W. 29th Avenue Wheat Ridge, Colorado 80033
-City Manager City of Edgewater 2401 Sheridan Blvd. Edgewater, Colorado 80214 8.0 No Waiver of Immunity. Each party, its officers and its employees are relying on, and do not waive or
intend to waive by any provision of this Agreement, the monetary limitations (presently one hundred fifty thousand dollars ($150,000) per person and six hundred thousand dollars ($600,000)
per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 , et seq., as amended, or otherwise available
to it, its officers and employees. 9.0 Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written
agreement signed by both parties. -2-
10.0 Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, proposals, representations, negotiations
and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 11.0 Situs, Venue and Severability. The laws of the State of Colorado shall govern
the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, venue shall be in the Courts of the County of Jefferson,
State of Colorado. If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall
not be affected thereby. 12.0 Paragraph Headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement.
13.0 Binding Agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns. 14.0 ARTICLE X, SECTION 20fTABOR The parties understand
and acknowledge that each of them is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). The parties do not intend to violate the terms and requirements of TABOR by the
execution of this Agreement. It is understood and agreed that this Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and,
therefore, notwithstanding anything in this Agreement to the contrary, the obligations of each party are expressly dependent and conditioned upon the continuing availability of funds
beyond the term of the current fiscal period ending upon the next succeeding December 31 . Financial obligations of each party payable after the current fiscal year are contingent upon
funds for that purpose being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of such party and other applicable law. Notwithstanding
any other provision of this Agreement concerning termination or term, upon either party's failure to appropriate such funds, this Agreement shall automatically terminate. Each party
agrees to provide the other with thirty (30) days' notice of its intent to fail to appropriate funds for purposes of this Agreement. [The remainder of this page is intentionally left
blank.] -3-
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written. EDGEWATER: ATTEST: By: _____________ _ Beth A. Hedberg, City Clerk WHEAT
RIDGE: ATTEST: By: _____________ _ Michael Snow, City Clerk EDGEWATER, COLORADO, a Colorado municipal corporation By: _____________ _ Bonnie McNulty, Mayor WHEAT RIDGE, COLORADO, a Colorado
municipal corporation By: _____________ _ Jerry DiTullio, Mayor -4-
EXHIBIT A [ILLUSTRATION OF BORDERING AVENUES] -5-
TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2011 A RESOLUTION APPROVING A CONTRACT WITH THE CITY OF EDGEWATER FOR THE MAINTENANCE OF STREETS THAT ARE COMMON TO BOTH
CITIES WHEREAS, the City Council wishes to re-surface a portion of 29th Avenue which is in Edgewater; and WHEREAS, the City has negotiated a contract with the City of Edgewater for the
addition of the portion of 29th Avenue which is in Edgewater in the City's 2011 Overlay Project; and WHEREAS, the Contract provides for the City of Edgewater to re-surface a portion
of 26th Avenue, which is located in Wheat Ridge. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: 1. Contract Approved The Contract between the City and the City
of Edgewater for the maintenance of streets that are common to both cities is hereby approved and the Mayor and City Clerk are authorized and directed to execute the same. 2. Effective
Date: This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day of ___ 2011. Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk Attachment
2
. .. -City of • ? Wheat RL-dge DATE: June 13,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 20-2011 AN ORDINANCE AMENDING CHAPTER
5 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE CONCERNING THE REGULATION OF HOOP HOUSES PUBLIC HEARING o BIDSIMOTIONS o RESOLUTIONS ISSUE: o ORDINANCES FOR 1 ST READING (05/23/2011)
ORDINANCES FOR 2ND READING (06/13/2011) DYES NO The City has previously adopted the 2006 editions ofthe International Building, Residential and Fire Codes. To complement the
zoning changes supporting urban agriculture that were previously approved by City Council, this ordinance would amend the appropriate sections of the adopted Building, Residential and
Fire Codes to allow for the regulation of hoop houses. PRIOR ACTION: The Council has taken no prior action regarding hoop houses; however, this ordinance makes building, residential
and fire code amendments necessary to regulate hoop houses as they may become increasingly popular in response to the new urban agriculture zoning regulations. FINANCIAL IMPACT: None
BACKGROUND: LiveWell Wheat Ridge conducted a study to determine methods of growing and obtaining fresh fruits and vegetables in the City. The study also measured residents' interests
in creating urban agriculture outlets within the City. The study indicated that residents had a substantial interest in
Council-Action Form June 13,2011 Page 2 urban agriculture. Having reviewed this study, the Council initiated zoning changes to allow for urban agriculture. The proposed zoning changes
also implicated certain changes to the City's Building, Residential and Fire Codes to allow for certain structures prevalent in urban agriculture, which were not previously regulated.
Hoop houses are common structures used for urban agriculture and can be regulated. A rendering of a hoop house is included below: The proposed ordinance makes amendments to the City's
Building, Residential and Fire Codes to provide for certain building specifications for hoop houses, which have not been previously regulated in the City. RECOMMENDATIONS: Staff recommends
approval of Council Bill No. 20 -2011. RECOMMENDED MOTION: "I move to approve Council Bill No. 20-2011, an ordinance amending Chapter 5 of the Code of Laws of the City of Wheat Ridge
concerning the regulation of hoop houses, and that it takes effect 15 days after publication." Or, Or, "I move to postpone indefinitely Council Bill No. 20-2011, an ordinance amending
Chapter 5 of the Code of Laws of the City of Wheat Ridge, concerning the regulation of hoop houses for the following reason(s) " REPORT PREPARED BY: Gerald Dahl, City Attorney John Schumacher,
Chief Building Official ATT ACHMENTS: 1. Council Bill No. 20-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER BERRY Council Bill No. 20 Ordinance No. ___ _ Series 2011 TITLE: AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF LAWS OF THE
CITY OF WHEAT RIDGE CONCERNING THE REGULATION OF HOOP HOUSES WHEREAS, the City Council ("Council") of the City of Wheat Ridge, Colorado ("City") has authority to enact ordinances for
the protection of public health, safety and welfare; and WHEREAS, the City of Wheat Ridge Home Rule Charter ("Charter") Section 5.16 provides that standard codes promulgated by any recognized
trade or professional organization may be adopted by reference; and WHEREAS, exercising this authority, the Council has previously adopted the 2006 editions of certain uniform codes,
including the International Building Code, the International Residential Code and the International Fire Code, all of which codes have been made a part of Chapter 5 of the Wheat Ridge
Code of Laws ("Code"); and WHEREAS, the Council wishes to amend certain sections of Chapter 5 incorporate the 2006 versions of the above-referenced uniform codes concerning the regulation
of hoop houses. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: -Section 1. Section 5-76 (b) of the Code is amended by the addition of the following
language, to inserted numerically as the amendments are so referenced : Section10S.2 amend with the addition of the following language: 14. HOOP HOUSES AS DEFINED IN SECTION 3102.2
THAT DO NOT EXCEED 400 SQUARE FEET IN FLOOR AREA, THAT ARE NOT OCCUPIED BY THE GENERAL PUBLIC, AND THAT DO NOT CONTAIN MECHANICAL OR ELECTRICAL DEVICES, EQUIPMENTS OR SYSTEMS. Attachment
1 1
Section 2. Section 5-76 (b) of the Code is amended by the addition of the following language, to be inserted numerically as the amendments are so referenced: Section 3102.2 amend with
the addition of the following language: HOOP HOUSE. A STRUCTURE NOT EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA WITH A MAXIMUM SIX MILS THICK POLY FILM ROOF AND WALL COVERING INSTALLED
OVER ROUNDED STRUCTURAL MEMBERS IN WHICH THERE IS NO STORAGE OF SOLVENTS, FERTILIZERS, GASES OR OTHER CHEMICALS OR FLAMMABLE MATERIALS. STRUCTURES NOT SATISFYING THE REQUIREMENTS OF
105.2 AND 3102.2 SHALL BE CONSIDERED OTHER PERMANENT STRUCTURES, WHICH MUST COMPLY WITH APPLICABLE PORTIONS OF THE CODE FOR SUCH STRUCTURES. HOOP HOUSES EXCEEDING 1,000 SQUARE FEET IN
SIZE SHALL BE DEFINED AS GREENHOUSES FOR THE PURPOSE OF DETERMINING APPLICABILITY OF ADOPTED CODES AND REGULATIONS. Section 3. Section 5-76 (b) of the Code is amended by the addition
of the following language, to be inserted numerically as the amendments are so referenced: Section 1607.11 1607.11 amend to read in its entirety: 1607.11 Roof loads. The structural supports
of roofs and marquees shall be designed to resist wind and, where applicable, snow and earthquake loads, in addition to the dead load of construction and the appropriate live loads as
prescribed in this section, or as set forth in Table 1607.1. The live loads acting on a sloping surface shall be assumed to act vertically on the horizontal projection of that surface.
FOR HOOP HOUSES AS DEFINED IN SECTION 3102.2, THE MINIMUM LIVE LOAD FOR ROOFS SHALL BE 5 PSF FOR COVERINGS AND 20 PSF FOR STRUCTURAL COMPONENTS: Section 4. Section 5-76 (b) of the Code
is amended by the addition of the following language, to be inserted numerically as the amendments are so referenced : Section 1609.1 amend to read in its entirety: 1609.1 Applications.
Buildings, structures and parts thereof shall be designed to withstand the minimum wind loads described herein. Decreases in wind loads shall not be made for the effect of shielding
by other structures. 2
"EXCEPTION: HOOP HOUSES AS DEFINED IN SECTION 3102.2 SHALL BE DESIGNED TO PROVIDE RESISTANCE TO A MINIMUM WIND SPEED OF 70 MILES PER HOUR. Section 5. Section 5-76 (b) of the Code is
amended by the addition of the following language, to be inserted numerically as the amendments are so referenced: Section 3102.3 amend to read in its entirety: 3102.3 Type of construction.
Noncombustible membrane structures shall be classified as Type liB construction. Noncombustible frame or cable-supported structures covered by an approved membrane in accordance with
Section 3012.3.1 shall be classified as Type liB construction. Heavy timber frame-supported structures covered by an approved membrane in accordance with Section 3102.3.1 shall be classified
as Type IV construction. Other membrane structures, and hoop houses as defined in Section 3102.2, shall be classified as Type V construction. Exception: Plastic less than 30 feet above
any floor used in HOOP HOUSES AS DEFINED IN SECTION 3102.2 AND greenhouses, where occupancy occupancy by the general public is not authorized, and for aquaculture pond covers is not
required to meet the fire propagation performance criteria of NFPA 701. Section 6. Section 5-76 (b) of the Code is amended by the addition of the following language, to be inserted numerically
as the amendments are so referenced: . Section 3102.3.1 amend to read in its entirety: 3102.3.1 Membrane and interior liner material. Membrane and interior liners shall be either noncombustible
as set forth in Section 703.4 or meet the fire propagation performance criteria of NFPA 701 and the manufacturer's test protocol. Exception: Plastic less than 20 mil in thickness used
in HOOP HOUSES AS DEFINED IN SECTION 3102.2 AND IN greenhouses, where occupancy by the general public is not authorized, and for aquaculture pond covers is not required to meet the fire
propagation performance criteria of NFPA 701. 3
Section 7. Section 5-76 (b) of the Code is amended by the addition of the following language, to be inserted numerically as the amendments are so referenced: Section 3102.4 amend to
read in its entirety: 3102.4 Allowable floor areas. The area of a membrane structure shall not exceed the limitations set forth in Table 503, except as provided in Section 506. THE FLOOR
AREA OF HOOP HOUSES AS DEFINED IN SECTION 3102.2 SHALL NOT EXCEED 1,000 SQUARE FEET. Section 8. Section 5-76 (b) of the Code is amended by the addition of the following language, to
be inserted numerically as the amendments are so referenced: Section 3102.5 amend to read in its entirety: 3102.5 Maximum height. Membrane structures shall not exceed one story nor shall
such structures exceed the height limitations in feet set forth in Table 503. HOOP HOUSES AS DEFINED IN SECTION 3102.2 SHALL NOT EXCEED APPLICABLE HEIGHTS SET FORTH IN CODE OF LAWS SECTIONS
26-205 THROUGH 26-214, AND 26-625. Exception: Noncombustible membrane structures serving as roofs only. Section 9. Section 5-76 (b) of the Code is amended by the addition of the following
language, to be inserted numerically as the amendments are so referenced: Section 3102.6.1 amend to read in its entirety: 3102.6.1 Noncombustible membrane. A noncombustible membrane
shall be permitted for use as the roof or as a skylight of any building or atrium of a building of any type of construction provided it is at least 20 feet above any floor, balcony or
gallery. A NONCOMBUSTIBLE POLY FILM NOT EXCEEDING 6 MILLIMETERS IN THICKNESS SHALL BE PERMITTED TO BE USED AS THE ROOF AND WALL COVERING FOR STRUCTURES DEFINED AS HOOP HOUSES IN SECTION
3102.2, REGARDLESS OF HEIGHT. Section 10. Section 5-85 (b) of the Code is amended by the addition of the following language, to be inserted numerically as the amendments are so referenced:
R202 Definitions amend with the addition of the following language: 4
"HOOP HOUSE. A STRUCTURE NOT EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA WITH A MAXIMUM SIX MILS THICK POLY FILM ROOF AND WALL COVERING INSTALLED OVER ROUNDED STRUCTURAL MEMBERS IN WHICH
THERE IS NO STORAGE OF SOLVENTS, FERTILIZERS, GASES OR OTHER CHEMICALS OR FLAMMABLE MATERIALS. HOOP HOUSES AS DEFINED ABOVE SHALL BE REGULATED IN ACCORDANCE WITH THE INTERNA TlONAL BUILDING
CODE AS ADOPTED. STRUCTURES NOT SATISFYING THE REQUIREMENTS OF 105.2 AND 3102.2 OF THE INTERNA TlONAL BUILDING CODE, AS ADOPTED, SHALL BE CONSIDERED OTHER PERMANENT STRUCTURES, WHICH
MUST COMPLY WITH APPLICABLE PORTIONS OF THE CODE FOR SUCH STRUCTURES. HOOP HOUSES EXCEEDING 1,000 SQUARE FEET IN SIZE SHALL BE DEFINED AS GREENHOUSES OR MEMBRANE STRUCTURES FOR THE PURPOSE
OF DETERMINING APPLICABILITY OF ADOPTED CODES AND REGULATIONS. Section 11. Section 5-86 (b) of the Code is amended by the addition of the following language, to be inserted numerically
as the amendments are so referenced: Section 2402.1 amend with the addition of the following language: HOOP HOUSE. A STRUCTURE NOT EXCEEDING 1,000 SQUARE FEET IN FLOOR AREA WITH A MAXIMUM
SIX MILS THICK POLY FILM ROOF AND WALL COVERING INSTALLED OVER ROUNDED STRUCTURAL MEMBERS IN WHICH THERE IS NO STORAGE OF SOLVENTS, FERTILIZERS, GASES OR OTHER CHEMICALS OR FLAMMABLE
MATERIALS. HOOP HOUSES AS DEFINED ABOVE SHALL BE REGULATED IN ACCORDANCE WITH THE INTERNA TlONAL BUILDING CODE AS ADOPTED. STRUCTURES NOT SATISFYING THE REQUIREMENTS OF 105.2 AND 3102.2
OF THE INTERNA TlONAL BUILDING CODE, AS ADOPTED, SHALL BE CONSIDERED OTHER PERMANENT STRUCTURES, WHICH MUST COMPLY WITH APPLICABLE PORTIONS OF THE CODE FOR SUCH STRUCTURES. HOOP HOUSES
EXCEEDING 1,000 SQUARE FEET IN SIZE SHALL BE DEFINED AS GREENHOUSES OR MEMBRANE STRUCTURES FOR THE PURPOSE OF DETERMINING APPLICABILITY OF ADOPTED CODES AND REGULATIONS. Section 12.
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
. 5
Section 13. 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 7 to o on this 23rd day of May, 2011, 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 Monday, June 13, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and
final reading by a vote of _ to _, this day of , 2011. SIGNED by the Mayor on this __ day of _____ , 2011. ATTEST: Michael Snow, City Clerk First Publication: May 26,2011 Second Publication:
Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved as to Form Gerald E. Dahl, City Attorney 6
. ... J r -City of • DATE: June 13, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 15-2011 AN ORDINANCE TEMPORARILY
WAIVING THE CITY'S TWO-CENT SALES TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT rgj PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Attorney ISSUE:
D ORDINANCES FOR 1 ST READING 0411112011 rgj ORDINANCES FOR 2ND READING 06/13/2011 D YES rgj NO City Manager Ordinance temporarily waiving two cents of the City's retail sales tax within
the boundaries of the Longs Peak Metropolitan District PRIOR ACTION: None FINANCIAL IMPACT: The waiver of a portion of the City sales tax is intended to be temporary only and not a change
in the City's tax policy_ The waiver only affects sales within the Longs Peak Metropolitan District The waiver will not affect current revenues, as there are presently no retail uses
within the boundaries of the District
Council Action Form June 13,2011 Page 2 BACKGROUND: The Longs Peak Metropolitan District is obligated, by the terms of an Intergovernmental Agreement with the City, to construct certain
public improvements for the Cabela's development, which improvements will be of benefit to residents of and visitors to the City. In order to fund construction of the public improvements,
the District has agreed to impose certain public improvement fees (of2 cents and 0.6 cents) on transactions which are also subject to sales taxation by the City. As an inducement to
the imposition by the District ofthe public improvement fees and construction of the improvements, this ordinance will temporarily waive two cents ($0.02) of the City sales tax on taxable
retail sales transactions within the boundaries of the District. RECOMMENDATION: Move to continue public hearing to June 27, 2011. RECOMMENDED MOTION: "I move to continue the hearing
on Council Bill No. 15-2011, Series 2011, an ordinance temporarily waiving two cents ofthe City's sales tax within the boundaries of the Longs Peak Metropolitan District until June 27,
2011 at 7 p.m. in City Council Chambers." Or: I move to table indefinitely Council Bill No. 15-2011 , an ordinance temporarily waiving two cents of the City's sales tax within the boundaries
of the Longs Peak Metropolitan District for the following reasons " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: . 1. Ordinance No. 15-2011
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STITES Council Bill No. 15 Ordinance No. ___ _ Series 2011 TITLE: AN ORDINANCE TEMPORARILY WAIVING TWO CENTS OF THE CITY'S
SALES TAX WITHIN THE BOUNDARIES OF THE LONGS PEAK METROPOLITAN DISTRICT WHEREAS, the City of Wheat Ridge currently imposes a sales tax of three percent (3.0%) or three cents ($0.03)
on every $1.00 of all taxable retail sales within the City pursuant to Article I of Chapter 22 of the Wheat Ridge Code of Laws; and WHEREAS, the City, acting by its City Council, has,
prior to the effective date of this Ordinance, approved an "Amended and Restated Intergovernmental Agreement Between the City of Wheat Ridge, Colorado and the Longs Peak Metropolitan
District," (the "Intergovernmental Agreement"), which Agreement provides, among other things, for the issuance by the District of bonds for the purpose of raising funds to construct
certain public improvements within the boundaries of the District; and WHEREAS, all the real property within the District is also located within the boundaries of the City; and WHEREAS,
the Longs Peak Metropolitan District is obligated by the terms of the Intergovernmental Agreement to construct the public improvements, which improvements will be of benefit to residents
of and visitors to the City; and WHEREAS, the Intergovernmental Agreement provides for payment of debt service on the bonds with two separate public improvement fees of two cents ($.02)
("Credit PIF") and six-tenths of one cent ($0.006)("Add-on PIF") respectively, imposed by private covenant on retail sale transactions within the boundaries of the District, which transactions
are also subject to sales taxation by the City; and WHEREAS, as an inducement to the imposition by the District of the public improvement fees, the City has or will agree in the Intergovernmental
Agreement to temporarily waive two cents ($0.02) of its sales tax on every $1.00 of taxable retail sales transactions within the boundaries of the District; and WHEREAS, temporary waiver
by the City of this portion of its imposed sales tax will facilitate construction of the needed public improvements and be of great benefit to the City, its residents and visitors; and
WHEREAS, the waiver of this portion of the City sales tax is intended to be temporary only and not a change in the City's tax policy within the meaning of applicable law. Attachment
1
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Recitals incorporated. The foregoing recitals are fully incorporated herein by this
reference. Section 2. Temporarv waiver of sales tax rate. Two cents ($0.02) of the current three cents ($.03) sales tax imposed by Section 22-56 of the Wheat Ridge Code of Laws, as such
section may be renumbered or re-codified from time to time, is hereby temporarily waived with respect to taxable retail sales transactions taking place within the boundaries of the Longs
Peak Metropolitan District, as those boundaries may be adjusted from time to time. This temporary waiver of two cents ($0.02) shall not limit the City's right to change its citywide
sales tax rate, provided that the waiver granted hereby shall remain at two cents ($0.02) within the boundaries of the District until such waiver is terminated pursuant to the terms
hereof. This temporary waiver shall commence on the first day of the month prior to the date of issuance of any bonds issued by the Longs Peak Metropolitan District (the "First Bonds")
and shall expire on the earlier to occur of: i. payment of all principal and interest on the First Bonds, or ii. twenty five (25) years from the date of the original issuance of the
Bonds, or iii. on the date that, for whatever reason, the "Credit PIF" public improvement fee of $0.02 provided for in Section 8 of the Intergovernmental Agreement ceases to be collected
within the District. The term of the temporary waiver of sales tax established hereby is absolute and shall not be extended for any reason, including without limitation extension of
the term of any bonds issued by the District, whether by refunding or otherwise, or by default in the payment of principal or interest on any of said bonds. Upon termination of the temporary
waiver hereby granted, retailers within the boundaries of the District shall collect and remit to the City the full amount of the City sales tax then in effect, in accordance with state
and local law. Section 3. date. This ordinance shall be effective upon adoption on second reading, as permitted by Section 5.11 of the Charter, provided, however,
that should the District fail, for any reason, to issue the First Bonds on or before December 31, 2011, this ordinance and the temporary sales tax waiver granted hereby shall be null
and void. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 5 to 0 on this 11th day of April, 2011, 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 April 25, 2011 at 7:00 p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. Public
Hearing continued to May 9, 2011, further continued to May 23, 2011. -2-
READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of _ to _, this day of , 2011. SIGNED by the Mayor on this __ day of _____ , 2011 . Jerry DiTullio, Mayor ATTEST:
Michael Snow, City Clerk Approved as to Form Gerald E. Dahl, City Attorney First Publication: April 14, 2011: April 28, 2011: May 12, 2011 Second Publication: Wheat Ridge Transcript
Effective Date: -3-
• l -City of ? Wheat RL-dge DATE: June 13,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 21-2011 AN ORDINANCE REAPPOINTING PRESIDING
MUNICIPAL JUDGE CHRISTOPHER RANDALL, INCREASING HIS HOURLY COMPENSATION AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS QUASI-JUDICIAL:
717 LfY City Attorney ISSUE: [g] ORDINANCES FOR 1 ST READING (06/13/2011) o ORDINANCES FOR 2ND READING (06/27/2011) DYES [g] NO City f The City's Home Rule Charter
provides for appointment of the Municipal Court Judge for a term of two years. The current term of Presiding Judge Christopher Randall expires June 30, 2011. PRIOR ACTION: The Judge
was reappointed in June 2009. FINANCIAL IMPACT: The Judge is presently compensated at $87.15 per hour. This rate has been in effect since 2007. The Judge requests an increase to $99.78
per hour, representing a 3.5% adjustment per year for the past four years. BACKGROUND: The Judge has provided a letter and materials (attached) requesting reappointment and certain minor
changes to his contract.
Council Action Form June 13, 2011 Page 2 RECOMMENDATIONS: The City Attorney recommends reappointment. RECOMMENDED MOTION: "I move to approve Council Bill No. 21-2011 , an ordinance reappointing
Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a presiding municipal judge services agreement, on first reading, order it published,
public hearing set for Monday, June 27, 2011 at 7 p.m. in City Council Chambers, and that it take effect upon adoption at second reading, as permitted by the Charter." Or, "I move to
table indefinitely Council Bill No. 21-2011 , an ordinance reappointing Presiding Municipal Judge Christopher Randall, increasing his hourly compensation and approving a presiding municipal
judge services agreement, for the following reason(s) " REPORT PREPARED BY: Gerald Dahl, City Attorney ATTACHMENTS: 1. Council Bill No. 21-2011 2. Letter and materials from Judge Randall
3. Municipal Judge Services Agreement
CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER _____ _ COUNCIL BILL NO. 21 ORDINANCE NO. __ _ Series of 2011 TITLE: AN ORDINANCE REAPPOINTING PRESIDING MUNICIPAL JUDGE CHRISTOPHER
RANDALL, INCREASING HIS COMPENSATION AND APPROVING A PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT WHEREAS, the current presiding municipal judge, Christopher Randall was reappointed
effective July 1, 2009 for a two-year term expiring on June 30, 2011; and WHEREAS, the Judge has continued to serve since that date; and WHEREAS, pursuant to Charter Section 8.3, the
City Council shall appoint all judges for a term of two (2) years; and WHEREAS, Judge Randall has requested reappointment at the end of his current term, as well as an increase in his
hourly rate and other minor amendments to the Presiding Municipal Judge Services Agreement (the "Agreement"); and WHEREAS, the Council wishes to reappoint Judge Randall, and to approve
an increase in his compensation and other changes to the Agreement; and WHEREAS, Charter Section Section 8.5 requires the Council to set the Judge's compensation by ordinance. NOW THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Pursuant to Sections 8.3 and 8.5 of the Home Rule Charter, Presiding Municipal Judge Christopher Randall
is hereby reappointed for a term of two (2) years, expiring on July 1, 2013. The Presiding Judge's compensation shall be $99.78 per hour. The remainder of the terms and conditions of
the Presiding Judge's employment shall be as set forth in the Presiding Municipal Judge Services Agreement, effective as of July 1, 2011, attached hereto and incorporated herein by this
reference. 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 ordinances in conflict with the provisions of this Ordinance
are hereby repealed. Attachment 1
Section 3. Effective Date. This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of
to ___ on this __ day of , 2011, 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 , 2011, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of
to , this day of ,2011. SIGNED by the Mayor on this ____ day of _________ , 2011 . ATTEST: Michael Snow, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective
Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney
t. . .,', • v . City of COURT City of Wheat Ridge Municipal Building 7500 W, 29th Ave. Wheat Ridge, CO 80033-8001 P: 303,235,2835
F: 303.235.2829 Christopher D. Randall Presiding Judge City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 Re: Presiding Judge Agreement Renewal Dear Mayor and City Council:
It is with great pleasure that I request re-appointment as Presiding Judge and Depa rtment Director for the City. The Court's primary goal has been and continues to be to provide a fair
and efficient forum to adjudicate city ordinance violations. Over the past nine years that I have been Presiding Judge we have continued to rehabilitate domestic violence offenders,
address thefts (of up to a thousand dollars), adjudicate serious assaults, manage dangerous dogs, help substance abusers, supervise the mentally ill, and abate real property nuisances.
I have taught at the City's citizen's police and civic academies. I am only one of two department directors that graduated from the Mountain States Employer's Council Supervisor's Certificate
Program. Attached is a list of the Court's accomplishments over the last four years. A copy of the Court's formal mission and goals is attached, as is a list of favorable comments from
defendants, parents, and other court customers. The Presiding'Judge has a two year agreement. I am requesting the following amendments to the agreement: 1. Renewal: The old contract
terminates June 30, 2011. The new contract if approved begins July 1, 2011, and is a two year appointment. 2. An increase in the hourly rate from $87.15 to $99.78: In deference to the
economy and the City's budget I have not requested an increase in salary over the last four years. (There was also no increase in salary from 2002 to 2007.) The increase reflects a 3.5%
adjustment per year for four years. 3. A clarification in the contract: Reimbursable expenses should include mileage and routine expenses. Attachment 2 www.ci.whentridge.co.us
4. Delete a provision: Delete the provision on invoicing and replace it with the use of biweekly time sheets. I have been submitting hours worked in this manner for several years. Most
City employees submit hours by this method. The Court continues to be a leader in the Denver metropolitan area in addressing a high volume of challenging and sometimes serious offenders.
The Court's experienced staff continues to provide service that always matches and often exceeds other courts. I look forward to serving as Presiding Judge and Department Director for
the next two years. Sincerely yours, Enclosures: accomplishments, mission and goals, and comments
, b. I. ., . • ,' \. . City of u N City of Wheat Ridge Municipal Building 7500 W. 29th Ave. Wheat Ridge, CO 80033-8001
P: 303.235.2835 F: 303.235.2829 Christopher D. Randall Presiding Judge ACCOMPLISHMENTS An ongoing goal is to simplify court procedure when possible,
fairly administrate court business, and eliminate unjustifiable expense and delay, Implement program to address juvenile contempt of court and sentencing issues in cooperation with the
Jefferson County Juvenile Assessment Center. Eliminate small file folders and implement full size folders to improve storage, readability, and handling. Require Peace Officer State Training
(POST) certification for court marshals. Upgrade audio-video prisoner arraignment system; improve security; comply with criminal procedural rule; avoid transport. Create and follow procedure
for failure to pay (fine) warning letter and issuance of bench warrant for breach. Create sentencing form for animal (dog) cases; increase accuracy, certainty, compliance, and uniformity.
Implement sentencing protocol for repeat offenders in domestic violence cases. Con1i?ue annual shredding of documents and files that longer need to be kept in hard copy. Annual
presenter for citizen's police and civic academies. Enter orders directly on computer rather than hand write to increase speed and accuracy. Upgrade file storage system. Court Marshals
use reminder phone calls to defendants for court dates; increased court appearances; reduced bench warrants. Handle approximately 225 prisoners by audio-video jail electronic connection
without the risk of transportation to court. Add one additional day per month to docket to level docket and reduce congestion. Implement expedited file scanning schedule to reduce handling
and storage offiles and records. Develop emergency evacuation plan. Work with DMV to electronically transfer dispositions in traffic cases. Work with police department to electronically
transfer case files from police department to court. 1 www.ci.wheatridge.co.us
Install and use barcode readers and barcode labels on files. Eliminate duplicate entries. Meet with Jefferson County sheriff's staff and county planning commission to address jail usage.
Develop municipal court mission and goals. Continue with successful file scanning program to reduce file storage. Investigate alternatives for the collection of outstanding and aged
fines. Implement cross-training program for deputy court clerks. Replace inoperative walk-through metal detector. Research the possibility of on-line payments. Continue to monitor the
number of prisoners and length of sentences in cooperation with the county. Due to loss of staff reassign and redistribute work load among remaining clerks. Create uniform standard for
acceptance of payments for penalty assessments in traffic cases. Pre-screen cases for the likelihood of restitution and contact victims pre-sentence. Hire two temporary deputy court
clerks to cover additional staff shortages. Continue to consider additional alternatives to jail sentences. Enter into agreement with City of Edgewater for Edgewater to use Cheat Ridge
court room audio-video equipment to address Edgewater's prison population. Einploy Jefferson County Sherriffs Deputies to transport prisoners from metro jails to Jefferson County Jail.
Allows prioritization of Court Marshal's limited (half-time) work hours. Implement system to allow prospective jurors to contact court to determine if their appearance is necessary.
Operate without Deputy Court Clerk position to conform with budgetary limitations. Review post-conviction audio-video prisoner files to reduce time spent with
prisoners and increase jail security. Review post-conviction files for compliance with sentencing requirements (usually classes) to decrease time defendants spend in-court. Continue
to seek ways to eliminate unjustifiable expense and delay for defendants, witnesses, attorneys, andjurors. Due to staff shortage develop alternative staffing plan. Recruit for and hire
Deputy Court Clerk II. Redistribute work load for deputy court clerks; add court room duties for marshals; add duties for probation officer. Add on-line research capability to obtain
current background information on persons with outstanding bench warrants and to provide restitution to victims. Train, implement and successfully use new software from Colorado Bureau
of Investigation to obtain cdminal histories. Eliminate creation of file folders for traffic cases that may not require a court appearance. 2
Amend and supplement court policies and procedures. Continue to monitor number of prisoners and length of sentences to attempt to curb prison population. Begin design of front counter
to improve service, efficiency, and ergonomics. Improve the payment plan process; require application and additional infonnation on income and expenses from defendants. Research x-ray
scanning devices for use by court security guard. Attend trainings for and implement new domestic violence sentencing standards. Continue successful Youth Alcohol Intervention Program
for first time juvenile offenders. Reduce budget 9%. Begin use of telephone interpreter service to save costs and provide back up to in-person interpreter. One of only two department
directors to complete (in early 2011) Mountain States Employer's Council Supervisor's Certificate Program. 2011 Objectives Finalize on-line payment capabilities. Finish redesign of front
counter area; begin and complete construction. Monitor and evaluate the success of probationers pursuant to the new domestic violence sentencing standards. Contract with a collection
agency to collect delinquent fines. Update court policies and procedures. Develop a sentencing form for general adult and juvenile criminal cases to improve accuracy, consistency, and
clarity. Purchase, install, and train personnel to use x-ray scanning device for bags and purses. Closely monitor court operating budget; develop 2012 budget. 3
--WHEAT RIDGE MUNICIPAL COURT COURT GOALS AND MISSION 2009 1. Provide efficient and professional service to customers. Assist customers to the extent permitted by law. 2. Treat each
customer equally regardless of gender, race, nationality, economic circumstances, or cultural background. 3. Provide a safe environment for employees and customers. 4. Attract, reward,
compensate and retain exceptional employees. 5. Develop ways to provide services more effectively and efficiently. 6. Use various measurement tools as a process of evaluation to align
customer service level expectations to available personnel and fiscal resources. 7. Develop a customer service action plan. 8. Increase customer's access to infonnation regarding cpurt
services through maintenance and improvement of the court web site. 9. Develop strategies, programs, and sentences that mitigate crime, traffic violations, and code issues that qual
ity of life. 10. Seek to upgrade old technologies and equipment within budgetary limits.
, f, /, _ • ., , C"ty f .'" , ;>' . I 0 ICIPAl COURT City of Wheat Ridge Municipal Building 7500 W. 291h Ave. Wheat Ridge, CO 80033-800) P: 303.235.2835
F: 303.235.2829 Christopher D. Randall Presiding Judge 2008 COMMENTS WHEAT RIDGE MUNICIPAL COURT CHRISTOPHER D RANDALL "Judge Randall made me feel very comfortable and he talked to each
[unreadable]." "Judge was helpful and very considerate." "Judge Randall is awesome! I am proud to have him as ajudge for our City! It's obvious that he is a man of virtue." 2009 "Christopher
Randall worked with our needs, very generous." "DA [City Attorney] & Magistrate [Judge] worked with me." "The judge was wonderful to take the time!" "Left the court with a better understanding
and a heightened awareness of how the system works." "Judge exceptionally informative." 2010 "Christopher Randall is a very nice and courteous Judge." "Best Judge I seen'-.
Compassionate, caring, professional." Court instituted a new evaluation form: Customer checked offbox on new evaluation form for "courteous" for five staff members including Judge. Customer
checked off boxes on new evaluation form for "courteous, respectful, and knowledgeable" for five staff members including Judge. Customer checked offboxes on new evaluation form for "courteous,
respectful, and knowledgeable" for five staff members including Judge. Customer checked off boxes on new evaluation form for "courteous, respectful, and knowledgeable" for eight staff
members including Judge. 1 " www.ci.whcatridgc.co.us
2011 Customer checked off boxes on evaluation form for "courteous, respectful, and knowledgeable" for five staff members including Judge. Customer checked off box on evaluation form
for "courteous" for five staff members including Judge. Customer checked off boxes on evaluation form for "courteous, respectful, and knowledgeable" for three staff members including
Judge. [Comment cards and evaluation forms available from Clerk of Court.] 2
CITY OF WHEAT RIDGE PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and effective as of the 1st day of July 2011 (" Effective
Date"), by and between the CITY OF WHEAT RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Presiding Judge"), together referred to herein as the "Parties." In consideration
of the mutual promises and covenants contained herein, the Parties agree as follows: ARTICLE 1 -SERVICES Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "CharterOl),
Presiding Judge shall have the following duties: A. Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal Court") cases, by either presiding over such
cases personally or by scheduling an Associate Judge to hear such case(s) and by establishing an on-call municipal judge schedule; B. Formulate and amend the local rules of the Municipal
Court with the approval of the Colorado Supreme Court; C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as Department Head for the Municipal Court
staff; attend Department Director meetings, in person or by designee, and meetings with the City Manager, City Attorney and City Council as needed; and D. Submit a yearly budget request
to the Wheat Ridge City Council for the proper functioning of the Municipal Court. ARTICLE 2 -QUALIFICATIONS The Presiding Judge shall continuously maintain the following qualifications:
A. Licensed to practice law in all Colorado courts, including the U.S. District Court for the District of CQlorado;:and B. Resident within 40 miles of the Wheat Ridge Municipal Court.
ARTICLE 3 -TERM: TERMINATION Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term, ending on July 1, 2013. This Agreement may be terminated for any
of the reasons enumerated in Section 8.3 of the Charter. ARTICLE 4 -PAYMENT AND FEE SCHEDULE The Parties agree that Presiding Judge shall be compensated at Ninety-Nine dollars and seventy-eight
($($99.78) per hour for services rendered under this Agreement. Presiding Judge may also be compensated for reimbursable expenses properly invoiced to the City as set forth below. For
purposes of this Agreement, "reimbursable expenses" shall mean those expenses WR Muni Judge Conlmcl -Rundall Attachment 3
directly incurred by Presiding Judge in the performance of his duties under this Agreement, including mileage and travel expense. A. Invoices. Presiding Judge shall submit bi-weekly
timesheets to the City for services rendered and reimbursable expenses. Payment will be made within twenty-five (25) days of receipt of the invoice by mailing payment to an address designated
by Presiding Judge. B. Funding This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of Laws of the City of Wheat Ridge, which limits the amount for
which the City shall be liable to the amount expressly appropriated by the City Council, either through budgeted appropriation, or contract or bid appointment. The Parties further recognize
and agree that the City, as a political subdivision of the State of Colorado, is subject to the Constitution and laws of the State of Colorado. Notwithstanding any provision of this
Agreement to the contrary, the obligation of the City to make payment to Presiding Judge is expressly subject to annual appropriations by the City of funds for the next ensuing budget
year. ARTICLE 5 -INDEPENDENT CONTRACTOR; INSURANCE AND BENEFITS A. This Agreement is one for independent contractor services. Neither Presiding Judge, nor any employee or agent of Presiding
Judge, shall be considered an employee of the City for purposes of any federal or state law. Notwithstanding the fact that Presiding Judge is compensated as an independent contractor,
pursuant to the Colorado Governmental Immunity Act, §§ 24-10-101 et seq., C.R.S., he is considered an appointed official of the City entitled to any and all benefits of law pertaining
to judicial or sovereign immunity and to coverage by the City's insurance applicable to persons holding such a position for claims brought against him in his official capacity or arising
our of his performance of his duties as described herein. B. Presiding Judge shall be eligible to participate in the following insurance and benefit programs available
to to City employees, at a pro-rated level equal to the average number of hours of work per week performed by the Presiding Judge, which for purposes of this Agreement, the Parties agree
shall be twenty-five (25) hours per week: short term disability; long term disability; worker's compensation; group term life insurance; employee assistance plan; retirement plan; official
holidays; personal time off leave; extended sick leave; jury duty pay; employee recreation program benefit; Kaiser Permanente HMO; Delta Dental; RPS section 125 cafeteria plan; and Eye-Med
vision. The City agrees to pay the applicable premium for the rate level. consistent with the City insurance plan as amended from time to time. For all such insurance and benefit programs,
to the extent the programs or any of their features are altered. amended or eliminated with respect to all eligible City employees, such alteration. amendment or elimination shall also
apply to Presiding Judge in the same manner. C. Presiding Judge warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for
him, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than bona fide employees working solely for Presiding Judge. any commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the appointment or making of this Agreement. For breach or violation of this warranty,
the City will have the right to annul this WR MuniCourt/MuniJudgeContrnct -Randall -2-
Agreement without liability, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage
fee, gift, or contingent fee. ARTICLE 6 -CHARTER. LAWS AND ORDINANCES Presiding Judge shall at all times during the performance of this Agreement, strictly adhere to all applicable federal,
state and local laws, rules, regulations, and ordinances that affect or govern the work as herein contemplated. ARTICLE 7 -EqUAL EMPLOYMENT OPPORTUNITY The Presiding Judge shall not
discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Presiding Judge shall adhere to acceptable affirmative
action guidelines in selecting employees and shall ensure that employees are treated equally during employment, without regard to their age, race, color, religion, sex or national origin.
Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of payor
other forms of compensation, and selection for training, including apprenticeship. ARTICLE 8 -LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation, validity,
and effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding any aspect of this Agreement is proper and exclusive with the District Court of Jefferson
County, Colorado. ARTICLE 9 -NOTICES Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent
by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below. Such notice shall be deemed
to have been given when deposited in the United States Mail. If to the City: With a copy to: If to Presiding Judge: City Manager 7500 W 29th Avenue Wheat Ridge, CO 80215 Fax: (303) 234-5924
City Attorney 7500 W 29th Avenue Wheat Ridge, CO 80215 Fax: (303) 234-5924 Christopher D. Randall, Esq. P.O. Box 280911 Lakewood, CO 80228-0911 Fax (303) 980-1721 WR MuniCourtiMuniJudgcContrnct
-Randall -3-
ARTICLE 10 -ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of Presiding Judge may not be assigned, delegated, or subcontracted except with the express written consent of the
City. ARTICLE 11 -SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the Parties may be accomplished within the intent of the Agreement,
the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect
the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 12 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the Parties. No prior or contemporaneous addition, deletion,
or other amendment hereto shall have any force and effect whatsoever, unless embodied herein in writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto
shall have any force or effect unless embodied in writing and signed by Presiding Judge and an authorized representative of the City. ARTICLE 13 -AMENDMENTS The City may, from time to
time, require changes in the scope of services of the Presiding Judge to be performed herein. Such changes, including any increase or decrease in the amount of the Judge's compensation,
must be mutually agreed upon in writing by the City and the Presiding Judge, as an amendment to this agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2)
copies, each of which shall be deemed an original, as of the day anti year first written above. ATTEST: CITY OF WHEAT RIDGE, COLORADO Michael Snow, City Clerk By: Jerry DiTullio, Mayor
(Seal) APPROVED AS TO FORM: Gerald E. Dahl, City Attorney WR MuniCourtlMuniJudgcContmct -Randall -4-
PRESIDING JUDGE Christopher D. Randall WR MuniCourtlMuniJudgcControct -Rnndnll -5-
... J ., -City of • DATE: June 13, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 15-2011 -A RESOLUTION ADOPTING A DEBT
POLICY AND UNRESTRICTED FUND BALANCE POLICY o PUBLIC HEARING o BIDS/MOTIONS RESOLUTIONS o ORDINANCES FOR 1 ST READING o ORDINANCES FOR 2ND READING QUASI-JUDICIAL: 0 YES NO
ISSUE: A top priority in the 2010/2011 Wheat Ridge Strategic Plari is the development of a long-term financial sustainability plan which is an action item under the goal of "Financially
Sound City Providing Quality Services." PRIOR ACTION: City Council provided consensus on the Debt Policy and Unrestricted Fund Balance Policy at the May 16, 2011 Study Session. Council
provided direction to remove the proposed requirement for a super-majority vote on the Unrestricted Fund Balance Policy. FINANCIAL IMPACT: The Debt Policy and Unrestricted Fund Balance
Policy provide policy guidance to the City as part of the development of a long-term financial financial sustainability plan. BACKGROUND: In 2010, the City contracted with Clifton Gunderson
to conduct
a "financial checkup" of the City'S current fiscal condition. The financial checkup utilized eighteen indicators covering areas such as revenues, expenditures, cash liquidity, unrestricted
fund balance ratio and other key indicators to identify significant trends and "red flags" that may impede long-term financial V:\Forms\CAFtemplate
Council Action Form June 13, 2011 Page 2 stability. On August 16, 2010, staff presented the results of the "financial checkup" to City Council. Staff prioritized the recommendations
from the report and contracted with Clifton Gunderson to draft a Debt Management Policy and an Unrestricted Fund Balance Policy. Feedback from City Council from the May 16, 2011 Study
Session has been incorporated into the revised policies. RECOMMENDATIONS: Staff recommends that City Council approve the Debt Policy and Unrestricted Fund Balance Policy. RECOMMENDED
MOTION: "I move to approve Resolution No. 15-2011 -a resolution adopting a Debt Policy and Unrestricted Fund Balance Policy." Or, "I move to postpone indefinitely Resolution No. 15-2011
-a resolution adopting a Debt Policy and Unrestricted Fund Balance Policy for the following reason(s) " REPORT PREPARED BY: Patrick Goff, City Manager ATT ACHMENTS: 1. Resolution No.
15-2011 2. Debt Policy 3. Unrestricted Fund Balance Policy
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 15 Series of 2011 TITLE: A RESOLUTION ADOPTING A DEBT POLICY AND UNRESTRICTED FUND BALANCE POLICY WHEREAS, the City Council recognizes the
importance of long-range, financial planning and has made it a strategic priority to develop financial policies that support the goal of being a Financially Sound City Providing Quality
Services; and WHEREAS, the adoption of a Debt Policy and an Unrestricted Fund Balance Policy are part of the City's efforts to develop a long-term Financial Sustainability Plan; and
WHEREAS, these policies reflect best practices and fiscal management standards by the Government Finance Officers Association (GFOA); and WHEREAS, the adoption of a Debt Policy specifically
provides guidance on the issuance of debt to ensure that the City maintains a sound debt position and that its credit quality is protected; and WHEREAS, the adoption of an Unrestricted
Fund Balance Policy specifically provides guidance on maintaining adequate unrestricted fund balance levels: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge,
Colorado, as follows: A. The City Council approves the Debt Policy and Unrestricted Fund Balance Policy. DONE AND RESOLVED this 13th day of June 2011. Jerry DiTullio, Mayor ATTEST: Michael
D. Snow, City Clerk Attachment 1
City of Wheat Ridge Debt Management Policy The City of Wheat Ridge (City) recognizes the importance of long-range, financial planning in order to meet its capital project and improvement
needs. The following debt management policy provides guidance on the issuance of debt to help ensure that the City maintains a sound debt position and that its credit quality is protected.
As such, the policy allows for an appropriate balance between establishing debt parameters while also providing flexibility to respond to unforeseen circumstances and new opportunities.
Responsibility and Administration of Policy The primary responsibility for developing long-term, financing reGommendations rests with the City Manager. During the annual budget process,
and at any ot er time during the year that may be warranted, the City Manager will work with the AcjJnin'strative Services Director and the City Treasurer (the internal working group)
to determine if t ere is a need for long-term financing consideration. As part of the determination , ocess, the in e nal working group shall review the financing needs outlined by the
Capita Impr vement Program (see below) to analyze the capital financing needs compared with availa Ie resources. The internal working group will also provide recommendations regarding
efunding and restructuring of existing debt. Once the determination is made by the internal working group to pursue finance borrowing, a refunding, or restructuring of de t the Gity
Manager shall prepare and present to City Council a resolution of intent to issue debt and author.izing City staff to proceed with the necessary preparations. The City Charter (C pter
XII -unicipal Funding) outlines the specific approvals (e.g. voter authorization, maj ity vote by City Council, etc.) that are required in order for the City to issue various t pes of
debt and this policy will be administered in conformity with the City Charter. The City Manager and City Tr: asurer will review the Debt Management Policy annually in connection with
the City's-annual budget process to ensure that the City is adhering to the framework outlined in this policy and will make recommendations to revise the policy as needed. Capital Improvement
Program The Capital Improvement Program (CIP) will be utilized to identify capital projects and/or improvements that are part of the City's strategic vision and economic development
efforts. The ClP will cover, at a minimum, a ten (10) year period and provide a projection of the financing needs required to implement the CIP. The CIP will include the associated ongoing
operations and maintenance costs of such capital assets and/or improvements so that the total costs of the projects are considered. The CIP will be updated annually by the City's Public
Works' Director as part of the budget process. Attachment 2
Purpose of Debt Incurrence of debt or long-term borrowing will only be used for the purpose of providing financing for capital assets, which include but are not limited to buildings,
infrastructure, land acquisition and purchase of significant equipment. The City, under no circumstances, will issue debt or borrow funds to finance City operations and maintenance costs.
The City will strive to maximize the use of pay-as-you-go financing for capital projects and improvements. Debt borrowing will be considered when annual revenues and accumulation of
fund balances are not sufficient to provide the necessary funding for such projects. Types of Debt The types of debt instruments to be used by the City may inc ude: o General Obligation
and Revenue Bonds o Short-term notes o Special or Local Improvement bonds o Certificates of Participation o Any other legally recognized security approved by City Council Although permitted
by the City Charter, the City will avoid the issuance of tax or revenue anticipation notes. Additionally, the City will strive to secure a fixed rate structure when issuing debt. The
City will consider a variable rate structur when market conditions favor this type of issuance, and when feasible, ensure there is a maxim m interest rate provided within the variable
rate structure. Credit enhancements will be used 0 Iy in instances where the anticipated present value savings in terms of reduced interest expense exceeds the cost of the credit enhancement.
Level of Debt The City's aggregate amount of bonds or other evidences of indebtedness outstanding will not exceed three percent (3%) of the actual valuation of the taxable property within
the City as shown by the last preceding assessment. In determining the amount of indebtedness outstanding, the City will adhere with the computation guidelines as established by City
Charter. The City will strive to maintain its annual debt service costs (principal and interest) for its governmental activities at a level of no greater than ten percent (10%) of general
fund expenditures. The repayment terms of the debt will not exceed the useful life of the capital asset financed. Further, the City will seek level or declining debt repayment schedules
and will not issue debt that provides for a balloon principal payment reserved at the end of the term of
the issue. Moreover, the City will also strive to obtain redemption terms that allow for the prepayment of debt without paying a redemption penalty. Debt Issuance Practices As part of
its debt issuance process, the City will at all times manage its debt and sustain its financial position in order to secure and maintain an Aa/AA or higher bond rating. The City will
market its debt through the use of a competitive bid process when issuing general obligation debt. The competitive bid process will also be used for other debt issuances unless time,
interest rates and/or other factors make it more favorable for the City to use a negotiated process. If needed, the City will hire an independent financial advisor, an any other professional
service provider (e.g. bond counsel), to assist in the structuring of the C:\ overall guidance throughout the process. Guidelines for Refunding The City shall consider refunding (advance
and current refunding) outstanding debt whenever an analysis indicates the potential for net present value (NPV) savings of at least three percent (3%) can be achieved. The City may
also consider refunding outstanding bonds to remove existing restrictive covenants. The City shall also consider restr cturing its existing debt in order to extend the payment terms
to meet cash flow needs if deeme beneficial to the City's long-term financial and strategic planning. Post Issuance Management The City will invest its debt , roceeds in accordance with
the City's investment policy and statutory requirements. Funds will be invested in instruments and with related maturities that will provide the liquidity needed to meet the cash flow
needs of each project. In this regard, the City Treasurer will prepare a cash flow projection to determine the availability of funds available to be invested and their respective required
maturities. The City will comply with all arbitrage rebate requirements as established by the Internal Revenue Service. Arbitrage will be calculated at the end of each fiscal year and
interest earned on the investment of debt proceeds will be reserved to pay any penalties due. Secondary market disclosures requirements established within the terms of the debt transaction
will be adhered to and filed on a timely basis. The City Treasurer will be responsible for managing the post issuance requirements listed above and/or cause any post issuance requirements
to be completed.
City of Wheat Ridge Unrestricted Fund Balance Policy The City of Wheat Ridge (City) has determined it to be a sound, financial practice to maintain adequate levels of unrestricted fund
balance in its General Fund in order to mitigate current and future risks such as revenue shortfalls and unanticipated expenditures as well as to ensure stable tax rates. Additionally,
the City believes that adequate unrestricted fund balance levels are a critical consideration to the City's long-term financial planning. In this regard, the City has established the
following fiscal policy related to its unrestricted fund balance. Maximum and Minimum Amounts The City will maintain a minimum unrestricted fund balance of at least two months or approximately
17%, as recommended by the Government Officer's Association (GFOA), of its General Fund operating expenditures. The City's maxim m unrestricted fund balance shall not
exceed 35.0% of General Fund operatin expenditu es. Not precluding the aforementioned minimum minimum and maximum percentages, the City will annually target to maintain a 25.0% unrestricted
fund balance percentage level as part-of its annual budget process. Use of Funds While targeting to maintain an annual unrestricted fund balance of 25.0%, the City understands there
may be circumstances that warrant that the City use these funds temporarily. The City has established the following i stances where it may elect to use these funds: o An economic dow(J
turn in which revenues are below budget o Unexpected and unappropriated costs to -service and maintain current City operations o Unexpecte and non-budgeted emergencies, natural disaster
costs, and/or litigation suits o Grant matching o Early retirement of debt o To cover deficits in other funds due to a shortfall in budgeted revenues o Capital asset acquisition, construction
and improvement projects The use of the unrestricted fund balance for the above permitted events will require a majority vote by City Council. Attachment 3
Terms for Replenishing In instances where the City elects to use its unrestricted fund balance for capital asset acquisition, construction and improvement projects, the City shall replenish
the unrestricted fund balance to its previous levels as soon as possible, but only after the City's current operational needs are met, and in no case, more than two years subsequent
in which the unrestricted fund balance was used. For any and all other instances, as permitted by this policy, in which the City elects to use its unrestricted fund balance, the City
will replenish the unrestricted fund balance as soon as revenues are available, but only after the City's current operational needs have been met. Excess Funds In the event the City
has accumulated its permitted, maximum unrestricted fund balance of 35.0%, the City, at the discretion and determination of City Council and the City Manager, will designate such excess
funds for the following purposes: o Reserves for equipment replacement o Repair and maintenance of City facilities o Funding of infrastructure improvements Review of policy The City
Treasurer will review the Unrestricted Fund Balance Policy annually in connection with the City's annual budgeting process to ensure that the City is maintaining adequate unrestricted
fund balance levels. Additionall , at least every three years, the City Manager will review the policy and will make recommendations for modification as deemed appropriate. This policy
was written using the guidelines et fon:h by the GFOA. As such, any updates issued by the GFOA shall be considered by the City Manager when making recommendations for modifications to
this policy.
" .. r -City of • JP'WheatRL.,dge ITEMNO:k DATE: June 13, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 16-2011 -A RESOLUTION AMENDING THE FISCAL YEAR
2011 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $40,000 FOR THE WHEAT RIDGE BUSINESS DISTRICT (WRBD) REVITALIZATION INCENTIVE
GRANT PROGRAM D PUBLIC HEARING D BIDS/MOTIONS RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING DYES NO City
The WRBD is requesting additional financial support from the City in 2011 for the Revitalization Incentive Grant Program. PRIOR ACTION: City Council approved $40,000 in funding during
the 2011 budget process. FINANCIAL IMPACT: The supplemental budget appropriation will come from the general fund undesignated reserves. BACKGROUND: The 38th Avenue Business District
Board of Directors was appointed at the August 12, 2002, City Council meeting. In 2005, the 38th Avenue Business District changed its name to the Wheat Ridge Business District. The City
Council approved $40,000 in funding during the 2011 budget process. Council direction to the WRBD was to come back to them with any additional requests. The request for an addition $40,000
will support the Revitalization Incentive Grant Program. V :\F orms\CAFtempiate
Council Action Form June 13, 2011 Page 2 The attached memorandum from the WRBD outlines the impacts in the community since January 2010. RECOMMENDATIONS: None RECOMMENDED MOTION: "I
move to approve Resolution No. 16-2011 -a resolution amending the Fiscal Year 2011 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of
$40,000 for the WRBD Revitalization Incentive Grant Program." Or, "I move to postpone indefinitely Resolution No. 16-2011 -a resolution amending the Fiscal Year 2011 General Fund Budget
to reflect the approval of a supplemental budget appropriation in the amount of $40,000 for the WRBD Revitalization Incentive Grant Program for the following reason(s) " REPORT PREPARED
BY: Heather Geyer, Administrative Services Director/PIO ATTACHMENTS: 1. Resolution No. 16-2011 2. Recent Activity Summary and WRBD History 3. WRBD Bylaws 4. Revitalization Incentive
Program Description 5. Revitalization Incentive Program Application Form
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 16 Series of 2011 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2011 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET
APPROPRIATION IN THE AMOUNT OF $ FOR THE WHEAT RIDGE BUSINESS DISTRICT REVITALIZATION (WRBD) INCENTIVE GRANT PROGRAM WHEREAS, the City Council recognizes the important role that the
WRBD plays in revitalization efforts in the City, supporting the goals of the Comprehensive Plan and NRS; and WHEREAS, funding the Revitalization Incentive Grant Program provides grant
opportunities through the WRBD for businesses to make sign and fac;ade improvements; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City
Council adopting a Resolution. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the funding of the
WRBD Revitalization Incentive Grant Program. B. The City Council authorizes the transfer of $ from the general fund undesignated reserves to account number 01-105-700-710 and amending
the 2011 fiscal year budget accordingly. DONE AND RESOLVED this 13th day of June 2011. Jerry DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk Attachment 1
BUSINESS DISTRICT Recent Activity Summary Since January 2010: Regular Grants paid: 12 Additional Grants pending: 6 Total amount granted: $72,244 Uncommitted Funds remaining
in 20 11: $4,126 Estimated total project costs on those 12 grants: $632,662 One Large Project grant with CDBG contract: $60,000 Total Project costs on large grant: $90,000 History: The
Wheat Ridge Business District was incorporated as the 38th Avenue Business District in 2002, with the following purposes, per the Articles oflncorporation: I) To construct and maintain
streetscape, pedestrian, and business fayade improvements along the full length of 38th Avenue. 2) To foster close and continuous working relationships with federal, state, city, other
nonprofit organizations, and members of the business community who share a common interest in the objectives and purposes of the organization. 3) To collect or distribute information
regarding streetscape and fayade rehabilitation and maintenance. 4) To create a thriving business district by encouraging and assisting development of small business along 38th A venue.
5) And to develop and assist in the execution of a long term marketing strategy and VISIOn. By 2005, the program was expanded to the whole city of Wheat Ridge, not just 38th Avenue and
the name was changed to Wheat Ridge Business District. The primary vehicle used to accomplish these goals was the Revitalization Incentive Program that provides matching grants to businesses
for certain improvements. Funding for the Wheat Ridge Business District has been $40,000 per year from the city of Wheat Ridge. $70,000 for 20 I 0 ($40,000 +$30,000). The Wheat Ridge
Business District has an II-member board of directors per the bylaws. City Council appoints three directors and eight directors are elected by the members. Enterprise Wheat Ridge and
the Wheat Ridge·Business District share a membership. The grant program is administered by Wheat Ridge 2020. Since 2005 the program has been fine tuned by the board of directors to eliminate
a separate category for awning improvement grants and to add a small grant for painting facades. The board of directors also changed the reimbursable grant ratio for signs, based on
the applying businesses history, to ensure that moneys spent on grants would have a high probability of success. In 2009 the Wheat Ridge Business District was awarded a CDBG grant for
$20,000 to fund the program. (Later raised to $60,000 and used for Mod Mood, 7700 W 44th Ave.) In June 20 II the WRBD board of directors began an incentive for grant applicants to use
licensed Wheat Ridge businesses. Grant applicants using a Wheat Ridge Business will be eligible for 10% more in grant funding. Attachment 2
BYLAWS OF THE WHEAT RIDGE BUSINESS DISTRICT ARTICLE I • PRINCIPAL OFFICE AND CORPORATE SEAL Section 1. Principal Office. The principal office and place of business of the Corporation
in the State of Colorado shall be at an address to be established by resolution of the Board of Directors, and may be changed from time to time by resolution of the Board of Directors.
Section 2. Corporate Seal. The seal of the Corporation shall be inscribed with the name of the Corporation, the year of its incorporation, and the words "Colorado" and "Seal," and shall
be in a form approved by the Board of Directors, which may alter the same at its pleasure. ARTICLE II • MEMBERSHIP Section 1. Qualifications. All persons who support the purposes of
the organization may become members upon approval of the Board of Directors and payment of dues. The Board may grant membership without the payment of dues. Section 2. Annual Meeting.
The annual meeting of the members shall be for the purpose of electing directors and transacting any other business which may properly come before the meeting. The annual meeting shall
,be held at a time and at a place within the State of Colorado to be determined by the Board of Directors. Section 3. Special Meetings. Special meetings of the members may be called
at any time by the President, by the Board of Directors, or by petition in writing signed by not fewer than 25% of the members of the Corporation and filed with the Secretary. Section
4. Voting. At the annual meeting of the members, the members shall constitute a quorum. The Board of Directors may provide for vote by proxy or by mail. Each member shall have one vote
subject to any restrictions contained in the Articles of Incorporation. Section 5. Notice. Not fewer than thirty (30) days prior to each annual meeting, notice shall be mailed, postage
prepaid, to all members at their addresses listed in the records of the Corporation setting forth the date, time and place of such meeting and indicating the nature of business to be
transacted. No notice notice of the time, place or purpose of any meeting need be given to any member who, in writing executed 1 Attachment 3
and filed with the records of the meeting before or after the holding thereof, waives such notice, or who attends the meeting. ARTICLE III -BOARD OF DIRECTORS Section 1. Qualifications;
First Board. The business and affairs of the Corporation shall be managed by a Board of Directors, consisting of ten (10) persons, who shall all be members of the Corporation. No employee
of the Corporation shall be eligible to serve on the Board of Directors. The first Board of Directors, who sliall serve until the election of the Board of Directors at the first annual
meeting of the membership, shall be as follows: 1. Roger Loecher 2. Hank Stites 3. Dan Wilde 4. Eugene Kiefel 5. Jim Goddard 6. Walter Pettit 7. . Kent Davis . 8. Lena Rotola 9. David
Schneider 10. Vance Edwards Section 2. Selections. The permanent Board of Directors shall consist of eleven (11) directors selected as follows: * * Three (3) directors shall be appointed
by the City Council of the City of Wheat Ridge, Colorado, (collectively, the "City Directors"). The City Directors may be appointed and removed from time to time by the Wheat Ridge City
Council, notwithstanding any other provision hereof to the contrary. Eight (8) ·directors shall be nominated and elected as provided herein (the "Elected Directors") At the first annual
meeting, the members of the Corporation shall vote for eight (8) directors. Those eight (8) candidates receiving the highest number of votes shall be declared elected to the Board as
Elected Directors. Section 3. Nominations. Following the election of the first Board of Directors, Elected Directors shall be nominated not later than thirty days prior to the annual
meeting of the membership and shall be elected by a majority of the members of the Corporation at the annual meeting of the Corporation or any adjournment thereof, or by mailed ballot.
2
Section 4. Terms of Office. Elected Directors shall be elected for a term of three (3) years, and shall hold office until the annual meeting occurring at the expiration of their terms
and until their successors have been elected and qualified. An elected director may be reelected for one or more terms. The terms of the Elected Directors shall be staggered to ensure
continuity. The Board shall determine which of its members shall be assigned each term. In order to establish the system under which approximately one-third of the elected directors
will be elected each year, the initial term of three (3) Elected Directors shall be for three years, the initial term of three (3) Elected Directors shall be for two years, and the initial
term of two (2) Elected Directors shall be for one year. No provision of this Section shall restrict the right of the Board of Directors to fill vacancies as provided by Section 9 of
this Article. Section 5. Powers and Duties. The powers of the Board of Directors shall include the authority to accept, transfer and encumber property and interests in property and the
authority to retain the necessary staff or contractors to accomplish the purpose and objectives of the Corporation as expressed in the Articles of Incorporation. The Board of Directors
shall have authority to employ paid contractors, agents, staff and employees of the Corporation to carry out these duties. Section 6. Annual Meeting. The annual meeting of the Board
of Directors shall be held at the same place and on the same date as the annual meeting of members and at such time as the Board of Directors shall determine. Notice of the date and
place of the annual meeting of the Board of Directors shall be given in the manner set forth in Article II, Section 5. Section 7. Meetings. Meetings of the Board of Directors may be
called at any time by the president, vice-president, or by any three members of the Board of Directors. Meetings shall be held at such time and place as may be designated by the authority
calling such meeting. Written notice of the time and place of every meeting shall be mailed to each member of the Board of Directors at least three days before the date fixed for the
meeting, or given in person or by telephone at least one day before the-date fixed for the meeting. A reasonable effort shall be made to describe the business or purpose of the meeting
in the notice; however, unless specifically required by law or by these Bylaws, neither the business to be transacted at, nor the purpose of, any meeting of the Board of Directors need
be specified in the notice for the meeting for business transacted to be valid. Section 8. Quorum. A quorum at all meetings of the Board of Directors shall consist of a majority of the
number of directors fixed by these Bylaws, and the act of a majority of the directors present at a meeting at which a quorum is present shall be the act of the Board of Directors, but
a smaller number may adjourn from time to time without further notice until a quorum is secured. The act of two-thirds of the directors then in office shall be required for any amendment
to the Articles of Incorporation or these Bylaws. 3
Section 9. Vacancies. Any vacancy occurring in the Elected Directors shall be filled by action of the remaining directors, who shall select a successor for the remainder of the vacant
term. Any vacancy occurring in the City Directors shall be filled by action of the Wheat Ridge City Council. Section 10. Committees. The Board of Directors shall elect from among its
members an executive committee as provided by Section 15 hereof. The Board may appoint one or more other committees, of any composition of directors, members, andlor non-members, as
the Board may choose. All committees shall function under the authority of the Board. Committees shall have and may exercise such authority in the management of the Corporation as shall
be assigned by the Board or in these Bylaws. Section 11. Removal. Any Elected Director may be removed by the affirmative vote of two-thirds of the directors then in office, at their
discretion, for failure to participate, nonperformance of duties, or other cause deemed sufficient by the the Board. City Directors may only be removed by the Wheat Ridge City Council.
Section 12. Action Without a Meeting. Any action required by law to be taken at a meeting of directors,
or any other action which may be taken at a meeting of directors, may be taken without a meeting if a consent in writing, setting forth the action so taken, is signed by a majority of
the directors, which consent may be signed in counterparts. Section 13. PartiCipation by Telephone. Any member of the Board of Directors or a committee may participate in a meeting of
such Board or committee by means of a poll taken by telephone. In addition, a"-d as an alternative, a conference telephone network or similar communications method by which all persons
participating in the meeting can hear each other may be conducted. Participation in the manner described in this Section shall constitute presence in person at such meeting, if each
person participating in the meeting shall sign the minutes thereof, which minutes may be" signed in counterparts. Section 14. Compensation. No director shall receive compensation for
his or her service as a director. All directors may be reimbursed for reasonable expenses incurred in connection with service to the Corporation, subject to the approval of the Board.
Section 15. Executive Committee. The Board of Directors shall elect an executive committee consisting of the officers of the Corporation and one additional director, selected by the
Board. The executive committee shall act for the Board of Directors during the period between Board meetings and shall exercise all powers of the Board except any which have been expressly
reserved by resolution of the Board or by Article III, Section 2 of these Bylaws. The secretary shall give reasonable notice 4
to each member of the executive committee of the time, date and place for each executive committee meeting. Section 16. Nominating Committee. Prior to the annual meeting of the members,
the president shall appoint a committee to nominate persons for the Elected Directors positions becoming vacant. Said committee shall complete its work prior to the date for mailed notice
established at Article II, Section 5. Section 17. Procedure. The Board of Directors shall keep minutes of its meetings and a full account of its transactions. ARTICLE IV N OFFICERS Section
1. Officers. The officers of the Corporation shall be a president, a vice-president, a secretary, and a treasurer, who shall all be members of the Board of Directors. The Board of Directors
may appoint, from among its membership, such other officers and assistant officers as it may deem advisable, who shall be chosen in such manner and hold their offices for such terms
and have such authority and duties as from time to time may be determined by the Board of Directors. Section 2. Powers and Duties. The officers of the Corporation shall exercise and
perform the respective powers, duties, and functions as are stated below, and as may be assigned to them by the Board of Directors. * The president shall be the principal executive officer
of the Corporation and shall, subject to the direction and control of the Board of Directors, have general supervision, direction, and control of the business and affairs of the Corporation
and its officers, agents, and employees. The President shall preside at all meetings of the Board of Directors. The president may sign, with the secretary or other proper officer of
the Corporation designated by the Board of Directors, any deeds, mortgages, bonds, contracts or other instruments which the Board of Directors has authorized to be executed on behalf
of the Corporation, except in the case where the signing and execution thereof shall be expressly delegated by the Board of Directors or by these Bylaws to some other officer or agent
of the Corporation, or shall be required by law to be otherwise signed or executed. The president shall perform all the duties commonly incident to such office and such other duties
as the Board of Directors shall designate. * In the absence or disability of the president, the vice-president shall perform all the duties of the president, and when so acting shall
have all the powers of, and be subject to all the restrictions on, the president. The vice-president shall have such other duties as may from time to time be assigned by the president
or by the Board of Directors. 5
* The secretary shall keep accurate minutes of the proceedings of any committee and the Board of Directors; shall see that all notices are duly given in accordance with the provisions
of these Bylaws; shall be custodian of the records and of the seal of the Corporation, and shall attest the affixing of the seal of the Corporation when authorized by the Board of Directors;
and in general shall perform all duties incident to such office and such other duties as may from time to time be assigned to such person by the president or by the Board of Directors.
* The treasurer shall be the principal finance officer of the Corporation; shall have the charge and custody of and be responsible for all funds and securities of the Corporation; shall
deposit such funds in the name of the Corporation in such depositories as shall be designated by the Board of Directors; shall keep accurate books of account and records of financial
transactions and the financial condition of the Corporation, and shall submit such reports thereof as the Board of Directors may from time to time require; and in general perform all
duties incident to such office and such other duties as may from time to time be assigned to such person by the president or the Board of Directors. The treasurer shall make an annual
financial report to the Corporation at the annual meeting. The treasurer shall provide a copy of the report to the Wheat Ridge City Council prior to the meeting. With the approval of
the Board of Directors, the treasurer shall be authorized to engage any firm of certified public accountants to assist him or her in the performance of any of the duties incident to
the treasurer's office. Section 3. Selection and Terms of Office. All officers shall be selected by the Board of Directors at its annual meeting, and shall hold office for one year and
until their successors shall be appointed. Section 4. Removal. Any officer or agent appointed by the Board of Directors may be removed by a majority vote of the entire Board of Directors,
at its discretion, for any reason, or for no reason at all. Section 5. Vacancies. A vacancy in any office because of death, reSignation, removal, disqualification or otherwise shall
be filled by the Board of Directors for the unexpired portion of the term. ARTICLE V -FINANCIAL AFFAIRS Section 1. Fiscal Year; Audit. The fiscal year of the Corporation shall end on
December 31 of each year. The Board may require an audit or audits on any subject at any time. 6
Section 2. Bank Accounts. The funds of the Corporation shall be deposited in one or more banks or financial institutions as designated by the Board of Directors. Section 3. Insurance.
The Board of Directors shall secure reasonable insurance to protect the Corporation, the Board of Directors, and the officers from liability. Section 4. Contracts. The Board of Directors
may authorize any -officer or officers, agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the Corporation. Such authority
may be general or confined to specific instances. Section 5. Loans. No loans shall be contracted for or on behalf of the Corporation and no evidence of indebtedness shall be issued in
the name of the Corporation unless authorized by a resolution of the Board of Directors. Such authority may be general if confined to a maximum dollar amount specified by the Board of
Directors by resolution from time to time. Such authority shall otherwise be confined to specific specific instances. No loan shall be made to any officer or director of the Corporation.
Section 6. Checks, Drafts and Notes. All checks, drafts, or other orders for payment of money, notes, or other evidence of indebtedness issued in the name of the Corporation shall be
Signed by such officer or officers, agent or agents of the Corporation, and in such manner as shall from time to time be determined by resolution of the Board of Directors. Section 7.
Investment Managers. The Board of Directors shall have the authority to designate any bank, trust company, brokerage firm, or investment advisor to manage the assets and the investment
of the assets of the Corporation. ARTICLE VI M INDEMNIFICATION The Corporation shall indemnify officers and directors, and may indemnify employees and agents, for actions taken on behalf
of the Corporation, to the maximum extent permitted by Colorado law. ARTICLE VII -AMENDMENT These bylaws may be amended by written consent or vote of two-thirds of the entire membership
of the Board of Directors. 7
ARTICLE VIII • DISSOLUTION Upon dissolution or other termination of the Corporation, any assets remaining after all debts of the Corporation have been paid shall be disposed of as provided
in the Articles of Incorporation. THESE BYLAWS WERE APPROVED AND ADOPTED BY THE BOARD OF DIRECTORS OF THE CORPORATION ON 12006. BOARD OF DIRECTORS ATTEST: Secretary 8
Wheat Ridge BUSINESS DISTRICT Revitalization Incentive Program What is the Wheat Ridge Business District Revitalization Incentive Program? The program offers up to $11,000 in matching
funds to commercial businesses in the City of Wheat Ridge in order to improve the appearance of individual buildings, as well as the overall look of the city. More funding may be available
for extensive renovations done by those paid prevailing wages through the Large Project category. All improvements must be to areas visible from the public right-of-way. The goal of
this program is to leverage private improvements while making revitalization efforts affordable, creative, and community-based. Local bonus funding will be made available to those commercial
businesses that use a licensed Wheat Ridge business as their contractor for the improvements. Upon demonstration of using a licensed Wheat Ridge contractor the maximum grant award will
be increased by 10%. As an example, if XYZ Business used Wheat Ridge Contracting, the maximum eligible grant of $6000 would be increased to $6600. The Revitalization Incentive
Program is administered by Wheat Ridge 2020 through an agreement with the Wheat Ridge Business District, a volunteer group comprised of Wheat Ridge business owners, property owners,
and civic leaders. How does the application process work? After review of the application, the applicant should meet with representatives of Wheat Ridge 2020, and then complete the Program
Application Form, with attached documentation. Such documentation includes (but is not limited to): architectural drawings, materialj color samples, and cost estimates. (At least two
bids are required.) Wheat Ridge 2020 will conduct a final review of the application and supporting materials, and then make a recommendation to the Board of Directors of the Wheat Ridge
Business District. The Board of Directors will vote to accept, accept with conditions, or deny the application. If the application is accepted, the applicant will receive a Letter of
Commitment from the Wheat Ridge Business District indicating the specific amount of grant funding and information on any other requirements. The applicant can then proceed with the necessary
review and permit process required by the City of Wheat Ridge. Funds will be released to the applicant upon full completion of the construction of the project, and inspection of the
improvements by representatives of the Wheat Ridge Business District for determination that the actual work performed Attachment 4 Revised: 06/06/11
was the work submitted in the application process. Copies of paid invoices (receipts) must be submitted to the Board for reimbursement. There is a grant management fee of up to 5% of
the approved grant amount that will be deducted from the grant award. If an application is denied, a new application can be submitted anytime after 30 days from the date the application
was denied. Who can app ly for funding? Any building owner or store proprietor/tenant with lease authority or authorization from the building owner can apply for funding. The project
site must be located within Wheat Ridge. Tenants must have a minimum of two years remaining on their lease or an option to renew. Only architectural work completed prior to application
approval is eligible for grant assistance. Applicants must be a member of Enterprise Wheat Ridge or become one. Membership starts at $50.00. Enterprise Wheat Ridge is an association
of local businesses that provides networking, information and training opportunities. The Wheat Ridge Business District is committed to the success of all businesses within the City.
Enterprise Wheat Ridge may be contacted at www.wheatridge.biz. To be eligible for the Large Project grant, the applicant must be willing to ensure that federal minimum prevailing wages
are paid to their contractors and subcontractors. Proof of meeting the minimum prevailing wages must be included with requests for reimbursement. More information regarding prevailing
wages can be found at www.access.gpo.gov/davisbacon. What types of improvements are eligible for funding? • Fa<;ade • Signs (new, repairs, replacements, removal) • Architectural/Design
Assistance Are there any design guidelines? Projects must conform to all aspects of the Zoning and Development Code of the City of Wheat Ridge (as may be amended). For 38th Avenue, this
specifically includes the Streetscape and Architectural Design Standard Manual. In order to receive matching grant funding, projects must be approved by the Wheat Ridge Business District
Board of Directors. Maintenance such as painting, chairs, and equipment are NOT covered under the program unless painting is part of an overall fa<;ade improvement. The Wheat Ridge Business
District has a separate Commercial Exterior Paint Program. Revised: 06/06/\\
Sign applicants must be sure to get a sign permit and check the sign code at the City. Sign grant award amounts are tiered based on the length of time the business has been in operation.
How is the funding awarded? This is a matching grant program, which means that the applicant pays a portion of the improvement and the Wheat Ridge Business District pays a portion. The
amount of the match must be at least 1:1-the applicant pays $1 and the Wheat Ridge Business District pays $1. However, there is a maximum grant contribution by the Wheat Ridge Business
District of: $3,000 per project for signs, based on length of time in business $6,000 for fac;ade improvements $2,000 Architectural/Design Assistance (matching award reimbursed after
approved work is completed. Applicant is responsible for all architectural fees.) Upon demonstration of using a licensed Wheat Ridge contractor the maximum grant award will be increased
by 10% as a local bonus. The match in the Large Project category is negotiated based on the scope of the project. Work completed prior to the Letter of Commitment, other than Architectural,
is not eligible for funding. Grant funds are disbursed on a reimbursement basis, and cannot be issued until the proposed project has been fully completed. Before funds are released,
applicants will need to submit proof of payment for completed work and representatives of the Wheat Ridge Business District must review the completed project to determine that the actual
work performed was the work that was approved. At least two photos of the cOlJlpleted project must also be submitted to reception@wheatridge2020.org. How do I receive funding for ArchitecturalfDesign
Assistance? 1. Architectural/Design Assistance can be requested for fac;ade improvements only. 2. Request for approval of architectural assistance should be made as part of the application
process. 3. Request for reimbursement can be made upon completion of the project. Copies of paid invoices are to be submitted to the Board along with the request for reimbursement. How
are projects selectedfor funding? Applications will be reviewed and selected based on their compatibility with the vision and goals of the Board of Directors of the Wheat Ridge Business
District as well as availability of funds. Revised: 06/0611 1
What. happens qfter a project is selectedfor funding? Work selected for a matching grant from the Wheat Ridge Business District must be completed within 6 months of approval of the application-unless
extended by the Board of Directors. The applicant is responsible for obtaining all building permits and any other required permits for the work to be done. The applicant is responsible
for conformance with all applicable safety standards and conditions. The applicant also agrees to maintain the property and the improvements made through the Revitalization Incentive
Program. The Wheat Ridge Business District may promote an approved project by numerous means including, but not limited to, the following: Display of a Wheat Ridge Business District
sign or sticker at the site during and after construction; the use of photographs and descriptions of the project in Wheat Ridge Business District communications and materials. Note:
The Wheat Ridge Business District reserves the right to make changes in the conditions of of the Revitalization Incentive Program as warranted. For additional information contact: Wheat
Ridge Business District PO Box 1268 Wheat Ridge, CO 80034-1268 The following numbers are staffed by Wheat Ridge 2020. Phone: 720-259-1030 Fax: 303-940-9332 Attachments: 1. Revitalization
Incentive Program Application 2. Enterprise Wheat Ridge Application 3. General Conditions 4. Commercial Exterio.r Paint Program Revised: 06/06111
Wheat Ridge BUSINESS DISTRICT Revitalization Incentive Program Application Form Name of Applicant ___________________________ _ Name of Business Address of Business -----------------------------Maili
ng Address Phone Number ___________ Fax Number E-mail address Type of business Applicant is the 0 Property Owner 0 Business Owner 0 Other ________ _ How many years has the business been
in existence? ___________ _ How long has the business been operating at the current location? When does your current lease expire? ____________________ _ If lease expires in less than
two years, please explain the circumstances Property owner's name (if different from applicant) Property owner's address Property owner's phone number Note: lfyou are not the property
owner, please have the property owner or authorized representative co-sign this application where indicated in the General Conditions. What has led you to invest in your business in
Wheat Ridge at this time? ____ _ 1 Attachment 5 Revised: 61712011
Have you met with the Jefferson County Business Resource Center? ________ _ ** The JCBRC provides no-cost and low-cost assistance to business owners in a variety of areas, including
business plan development, market analysis, targeted mailing lists, marketing assistance and more. Learn more at www.jeffcobrc.org or call 303-996-8976 for an appointment. Have you met
with the Small Business Development Center? _____ _ _____ _ ** The SBDC is dedicated to helping small businesses throughout Colorado achieve their goals by providing Free confidential
counseling and various training programs. The SBDC combines information and resources from federal, state and local governments with those of the educational system and the private sector
to meet the specialized and complex needs of the small business community. www.coloradosbdc.org or 720-256-2640. Application Request: I am applying for (check all that apply): o Fa<;ade
Improvements (general maintenance NOT included) o Sign Improvement o ArchitecturalfDesign Assistance (Maximum matching award of $2,000 reimbursed after approved work is completed. Applicant
is responsible for all architectural fees.) o Large Project (Please fill out Large Project addendum to this application.) o I have selected a Wheat Ridge licensed contractor to perform
the work on my project. I request the additional 10% bonus for using this contractor. The following are Wheat Ridge contractors I will use: Proposed Improvements Please describe the
proposed improvements to the property. Include at least two color photographs showing the existing building conditions. Two bids are suggested, but only one is required. If you have
any additional building information such as: measured plans, site plans, or architectural documentation for improvements (plans, sketches, or construction costs), please include them
with your application. General improvements are not eligible (i.e. cleaning, new furnishings, etc ... ) Have you or do you intend to employ an architect to design your fa<;ade? If so,
you could be eligible for grant assistance. For Architectural Design Assistance: 2 Rev ised: 61712011
Architectural Design Assistance Bid information: Bid #1: Company _________________ Amount _____ _ Bid #2: Company Amount _____ _ For Fa£ade Improvements: Fac;ade Improvements Bid information:
Bid #1: Company ________________ Amount _____ _ Bid #2: Company Amount _____ _ For Sign Improvements: Sign Improvements Bid information: Bid #1: Company ________________ Amount _ ____
_ Bid #2: Company Amount _____ _ Sign grant eligibility is determined by length in business. 1 year = up to $1,000, 2 years = up to $2,000 and 3+ years = up to $3000. Total proposed
project budget ___________ _____ _ _____ _ Amount of funding assistance being requested _ ___________ ___ __ _ (Include 10% additional if using a licensed Wheat Ridge business as your
contractor) Desired completion date ______________ ____________ _ The applicant authorizes the Wheat Ridge Business District, Inc., to promote an approved project, including but not
limited to displaying a sign or sticker at the site (during and after construction), and using photographs and descriptions of the project in informational materials and press releases.
3 Revised: 61712011
The applicant understands that the Wheat Ridge Business District, Inc. reserves the right to make changes in conditions of the Revitalization Incentive Program as warranted. Applicant
understands that, in the event this application is approved, a binding letter of commitment must be signed and recorded prior to release of grant funds. Applicant understands that up
to a 5% grant management fee will be applied if grant is approved. Signature of Applicant ____________ Date If applicant is not the property owner, please have the property owner or
an authorized representative review and co-sign this application below. As owner of property at ___________________ I have reviewed the above application and authorize the operator of
_________________ _ at said address to perform improvements described above as part of the Wheat Ridge Business District's Revitalization Incentive Program. Signature of Property Owner
Or Authorized Representative __________ Date ________ _ SUBMITfAL CHECKLIST Please include the following following and initial each item to show that it has been included: ___ An original
application form and the following: _ _ _ TWO color photos of existing building and/or sign ___ Color renderings of proposed scope of work ___ Quotes or bids from 1W0 separate firms
for proposed work, bids must clearly show the cost for the requested improvement(s). ___ Signed and notarized original of Acceptance of General Conditions form. ___ $25 application fee
attached. Payable to: Wheat Ridge Business District. ___ Enterprise Wheat Ridge application and fee if non-member (membership status will be confirmed). Check made payable to: Enterprise
Wheat Ridge. **Enterprise Wheat Ridge is a sister organization to the Wheat Ridge Business District and provides networking and training opportunities for small businesses. ___ Completed
application, with fees and all attachments, can be mailed to Wheat Ridge Business District at: Wheat Ridge Business District P.O. Box 1268 Wheat Ridge, Colorado 80034 Or drop off at
the Wheat Ridge 2020 offices. For questions regarding the program or application contact Britta Fisher or Kim Snetzinger at 720-259-1030. Note: Digital photos and information should
be emailed to reception@wheatridge202o.org 4 Revised: 6/7/2011
Large Project Addendum If you are interested in being considered for a large project grant please fill out the following additional information. The Wheat Ridge Business District receives
funding for the Large Project Category within this program from the Jefferson County Community Development Block Grant Program (CDBG). If your project aligns with national objectives
and there is available funding, a larger grant could be possible. In order to meet federal requirements, we require the following information about your project. Service Area -Where
do your clients come from? Does your business primarily serve the Wheat Ridge area? ____ ________________________ _ Indicate the top 5 zip codes from which your customers come or circle
the service area on the map below. Wheat Ridge Schools I 1 hwdaJco..\dul:rfdoll.",cM.ft .. p,,-,g-utrr:nl-b-rm-et..,. fvcnb '\(:MoI
" Yt1tul R",11 JUp _I .. WII!';1Qtt lnII tbcnt;fy Please attach a full description of the project with bids and estimated costs. Total Project Cost $ ________ _ I J Total match sought
from WRBD Large Project funding $ ______ _ 5 Revised: 617120 I I
The applicant understands prevailing wages must be paid to all contractors and sub-contractors for work done on a Large Project. A link for prevailing wage information is available at
www.access.gpo.gov/davisbacon. Before receiving a grant reimbursement check, you will need to provide proof of payment and wage rate information for those hired to complete projects.
You will need to submit the following wage data when requesting reimbursement: * Contractor Name, Address, Telephone number * Number of workers (of the contractor) working on this specific
project * Hours worked on the project by the reported number of workers * Wages reported for the reported number of workers Signature of Applicant ____________ Date **Due to the extra
levels of approvals needed for this grant, please talk with Wheat Ridge 2020 staff about potential time impacts to your project and what is involved in this process. 6 Revised: 6/7/2011
J .( r -City of DATE: June 13, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 19-2011 -A RESOLUTION APPROVING THE JEFFERSON
COUNTY MULTI-JURISDICTIONAL, MULTIHAZARD MITIGATION PLAN D PUBLIC HEARING D BIDS/MOTIONS r8J RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING D
YES City Manager The City of Wheat Ridge will submit this adopted resolution to the Colorado Office of Emergency Management and FEMA, Region VIII officials to enable the Plan's final
approval. PRIOR ACTION: The City Council has adopted Denver regional mitigation plans in the past.
Council Action Form June 13, 2011 Page 2 FINANCIAL IMP ACT: Adopting this plan has no immediate financial impact on the City. BACKGROUND: Mitigation planning begins with the identification
of the natural hazards that may impact a community. Once these hazards have been identified, a risk assessment is conducted to identify the geographical areas that are impacted by the
hazard. The information from the risk assessment identifies areas of vulnerability in a community, from within and around the jurisdiction. The plan may then be used to assist in implementing
future projects that will reduce the impact of these hazards on the community. RECOMMENDATIONS: Staff recommends adoption of the Jefferson County Natural Hazards Mitigation Plan This
plan will aid in future planning of projects that will lessen the impact of a natural disaster on the community. RECOMMENDED MOTION: "I move to approve Resolution No. 19-2011, a resolution
adopting the Jefferson County MultiJurisdictional, Multi-Hazard Mitigation Plan as an an official plan upon approval by the Colorado Office of Emergency Management and FEMA. Or, "I move
to table infinitely Resolution No. 19-2011, a resolution adopting the Jefferson County Multi-Jurisdictional, Multi-Hazard Mitigation Plan as an official plan upon approval by the Colorado
Office of Emergency Management and FEMA. REPORT PREPARED/REVIEWED BY: Wade Hammond, Lieutenant, Wheat Ridge Police Department ATTACHMENTS: 1. Resolution No. 19-2011 2. Summary of Jefferson
County Mitigation Plan
CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 19 Series of 2011 TITLE: A RESOLUTION ADOPTING JEFFERSON COUNTY MUL TIJURISDICTIONAL, MULTI-HAZARD
MITIGATION PLAN WHEREAS, natural hazards in Jefferson County have historically caused significant disasters with losses of life and property and natural resources damage, and WHEREAS,
under the Federal Disaster Mitigation Act of 2000, an adopted natural hazard mitigation plan is required as a condition of future funding for mitigation projects under multiple FEMA
pre-and post-disaster mitigation grant programs; and WHEREAS, undertaking hazard mitigation actions will reduce the potential for harm to people and property from future hazard occurrences;
and WHEREAS, a Multi-Jurisdictional Natural Hazard Mitigation Plan has been prepared in accordance with FEMA requirements 44 C.F.R. 201.6, and WHEREAS, The City of Wheat Ridge has fully
participated in the FEMA prescribed mitigation planning process to prepare this Natural Hazard Mitigation Plan; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Wheat Ridge, Colorado, as follows: A. The City Council adopts the Jefferson County Multi-Jurisdictional, MultiHazard Mitigation Plan as an official plan upon approval by the Colorado
Office of Emergency Management and the Federal Emergency Management Agency (FEMA). B. Be it further resolved, the City of Wheat Ridge will submit this adopted resolution to the Colorado
Office of Emergency Management and Federal Emergency Management Agency, Region VIII officials to enable the Plan's final approval. DONE AND RESOLVED this 13th day of June 2011 . Jerry
DiTullio, Mayor ATTEST: Michael D. Snow, City Clerk Attachment 1
EXECUTIVE SUMMARY Plan Overview Each year in the United States, disasters take the lives of hundreds of people and injure thousands more. Nationwide, taxpayers pay billions of dollars
annually to help communities, organizations, businesses, and individuals recover from disasters. These monies only partially reflect the true cost of disasters, as additional expenses
to insurance companies and nongovernmental organizations are not reimbursed by tax dollars. Many disasters are predictable, and much of the damage caused by these events can be alleviated
or even eliminated. Jefferson County's Multi-Hazard Mitigation Plan is an effort to reduce the impacts of natural hazards on citizens and property in Jefferson County by outlining actions
that will mitigate the hazards' effects and break the cycle of repetitive disaster losses. Hazard mitigation is defined by FEMA as "any sustained action taken to reduce or eliminate
long-tenn risk to human life and property from a hazard event." Hazard mitigation planning is the process through which hazards that threaten communities are identified, likely impacts
of those hazards are detennined, mitigation goals are set, and appropriate strategies to lessen impacts are detennined, prioritized, and implemented. The Jefferson County Multi-Hazard
Mitigation Plan documents Jefferson County's hazard mitigation planning process, identifies relevant hazards and risks, and outlines the strategy the County and participating jurisdictions
will use to decrease hazard vulnerability and increase resiliency and sustainability. Infonnation in this plan will be used to help guide and coordinate mitigation actIVItIes and decisions
for local land use policy in the future. Proactive mitigation planning will help reduce the cost of disaster response and recovery to the community and its property owners by protecting
critical community facilities, reducing liability exposure, and minimizing overall community impacts and disruption. The Jefferson County planning area has been affected by hazards in
the past and is thus committed to reducing future disaster impacts and maintaining eligibility for federal funding. Jefferson County Multi-H azard Mitiga tion Plan September 20 I 0 Attachment
2 FINAL
· ANNEX E CITY OF WHEAT RIDGE ANNEX 1.1 Community Profile 1.1.1 History Wheat Ridge was founded as a community in 1859. During that year, a small group of farmers, some coming to Colorado
in search of gold and silver, founded a rural village in this location. By the late 1800s, fertile soils and plentiful water led to the development of a small farming community. Up until
World War II, Wheat Ridge was a major supplier of fresh produce to the greater Denver area. However, during the 1940s and 1950s as the city evolved, camation production became a major
growth industry. For a time, Wheat Ridge was the largest producer of camations throughout the world. Although commercial wheat production is a thing of the past, the ridges upon which
much of this agricultural activity occurred remain, providing expansive views of the Front Range. Additionally, several camation greenhouses remain in the northwest metropolitan area.
Each August, the city celebrates this heritage with the Camation Festival. Started in 1970, the the festival draws thousands of people to this premier civic event. The city was fully
incorporated in 1969 as a statutory city when it was faced with annexation by surrounding cities. In 2009, the City celebrated its 40th birthday. Today Wheat Ridge is home to approximately
31 ,000 residents -making it one the smallest cities in the Denver metropolitan area. The City is an inner-ring suburb that affords residents with many of the conveniences of urban living,
though the community still retains its small town character with a strong sense of community. Its slow growth, compared to adjacent suburbs, and even slight population decline since
2000, offer stark contrast to the region 's significant population growth over recent years. Residents enjoy easy to 1-70 and downtown Denver. The City is well known
for its nationally recognized park and trail system and lush tree canopy. Wheat Ridge is a community with deep roots and ShOli commutes. 1.1.2 Population . The U. S Census Bureau's estimated
2008 population of Wheat Ridge was 29,583 . The City of Wheat Ridge has their own estimate of population -30,929. Select Census 2000, as well as City of Wheat Ridge estimated demographic
and social characteristics are shown in Table 1. Table 1. Wheat Ridge's Demographic and Social Characteristics Characteristic Gender/Age Male(%) Female (%) Under 5 Years (%) Jefferson
County (C ity of Wheat Ridge) Mul t i-Hazard Mitiga tion Plan September 20 I 0 U. S. Census Estimate 47.3 52.7 6.1 FINAL Wheat Ridge Estimate 47.7 52.3 5.2 E.I
Characteristic U. S. Census Estimate Wheat Ridge Estimate 65 Years and Over (%) 19.0 21.9 Race/Ethnicity (one race) White (%) 89.2 83.7 Hispanic or Latino (Of Any Race) (%) 13.5 20.2
Other Average Household Size 2.20 2.19 High School Graduate or Higher (%) 85.6 85.4 Source: U.S. Census Bureau , 2000, www.census.gov/; City of Wheat Ridge 1.1.3 Economy According to
the 2000 Census, the industries that employed most of Wheat Ridge's labor force were: educational, health, and social services (16.0%); professional, scientific, management, administrative,
and waste management services (12.6%); and retail trade (12.6%). Select economic characteristics for Wheat Ridge from the 2000 Census, as well as estimates from the City of Wheat Ridge,
are shown in Table 2. Table 2. Wheat Ridge's Economic Characteristics Characteristic U.S. Census Estimate Wheat Ridge Estimate Families below Poverty Level, 1999 5.9% 5.9% Individuals
below Poverty Level, 1999 8.9% 8.9% Median Home Value $167,800 $167,800 Median Household Income, Income, 1999 $38,983 $48,193 Per Capita Income, 1999 $22,636 $27,892 Population in Labor
Force 17,228 -16,217 Unemployment (%)* 2.9% 4.5% Source: U.S. Census Bureau (2000), www.census.gov/; City of Wheat Ridge 1.2 Hazard Summary A hazard identification and vulnerability
analysis was completed for the City of Wheat Ridge using the same methodology in the base plan. The information to support the hazard identification and risk assessment for this Annex
was collected through a Data Collection Guide, which was distributed to each participating municipality to complete. Table 3 summarizes the City of Wheat Ridge's hazards based on the
Data Collection Guide issued in 2009. The Data Collection Guide listed all of the hazards that could impact anywhere in Jefferson County. The purpose of this worksheet was to identify
and rank the hazards and vulnerabilities specific to the jurisdiction. The City of Wheat Ridge's plmming team members were asked to complete the matrix by ranking each category based
on the experience experience and perspective of each planning team member. Jefferson County (City of Wheat Ridge) Multi -Hazard Mitigation Pl an September 20 I 0 FINAL E.2
This matrix reflects that the most significant hazards for the City of Wheat Ridge are flood, dam failure, and tomado. The City of Wheat Ridge has identified the following as medium
significance hazards: severe winter stonns and wildfire. The vulnerability established here is a qualitative assumption based on the impacts, geographic extent, probability of future
OCCUlTence, and magnitude/sevelity. Table 3. City of Wheat Ridge -Hazard Summaries Hazard Map? Frequency of Potential (Paper/GIS/Hazard Occurrence Spatial Extent Magnitude Significance
Source) Avalanche Unlikely Dam Failure Occasional Drought Likely Earthquake Unlikely Erosion and Highly Likely Deposition Expansive Soils Likely Extreme Highly Likely Temperatures Flood
Occasional Hailstorm Likely Landslide, Debris Unlikely flow, Rockfall Lightning Likely Severe Winter Highly Likely Storms Subsidence Unlikely Tornado Likely Wildfire Occasional Windstorm
Likely Frequency of Occurrence: Highly Likely: Near 100% probability in next year. Likely: Between 10 and 100% probability in next year or at least one chance in ten years. Occasional:
Between 1 and 10% probability in next year or at least one chance in next 100 years. Unlikely: Less than 1 % probability in next 100 years. Spatial Extent: Limited: Less than 10% of
planning area Significant: 10-50% of planning area Extensive: 50-100% of planning area Jefferson County (City or Wheat Ridge) Multi-H azard Miti gation Plan September 20 I 0 Negligible
Negligible Low Paper/DRCOG Limited Critical High GIS/FHAD Extensive Limited Low No Extensive Limited Low No Limited Negligible Low No Limited Negligible Low Paper/SCS Extensive Negligible
Low No Significant Critical High GIS/FHAD Extensive Limited Medium PaperIDRCOG Limited Negligible Low Paper/DRCOG Limited Negligible Low PaperIDRCOG Extensive Limited Medium No Limited
Negligible Low No -Significant Catastrophic High Paper/DRCOG Significant Limited Medium Paper/DRCOG Extensive Limited Medium Paper/DRCOG Potential Magnitude: Catastrophic: Multiple deaths,
complete complete shutdown of facilities for 30 days or more, more than 50% of property is severely damaged Critical: Multiple severe injuries, complete shutdown of facilities for at
least 2 weeks, more than 25% of property is severely damaged Limited: Some injuries, complete shutdown of critical facilities for more than one week, more than 10 percent of property
is severely damaged Negligible: Minor injuries, minimal quality-of-life impact, shutdown of critical facilities and services for 24 hours or less, less than 10 percent of property is
severely damaged. Significance: Low, Medium, High FINAL E.3
Previous Hazard Events Through the Data Collection Guide, the City of Wheat Ridge noted specific historic hazard events to include in the community profile. These events have been incorporated
into the appropriate hazard chapters in the base plan. These events had a particular impact on the community beyond the impacts and events recorded in the Jefferson County Hazard Mitigation
Plan. This is not a comprehensive summary of past incidents, as the hazard profiles collected in the main Mitigation Plan include other events that may have historically impacted the
jurisdiction. The events noted by this jurisdiction in the Data Collection Guide include: July 2009 Hail/Wind Storm A severe thunderstorm produced damaging winds, large hail and very
heavy rain across the western and southern suburbs of Denver. Widespread damage was observed in the City of Wheat Ridge. The intense straightline winds were the result of a wet microburst
which downed hundreds of trees and snapped power poles. Winds gusts to 80 mph were reported along with nickel to golfball size hail. The combination of wind and hail produced widespread
damage to homes and vehicles. Many Wheat Ridge residents were left without power. Minor injuries were reported from broken glass during the storm, but no one was hospitalized. The City
suffered an estimated $600,000 in damage to City property. 1979 Dam Failure On March 17, 1979, the fabridam was punctured by an unknown, sharp object. It was determined to be most likely
due to vandalism. Vandalism of fabridam spillway for the Maple Grove Dam caused an unscheduled release of 100 acre-ft of water from the Maple Grove Reservoir in about 3 hours. Flooding
occurred from the Dam south of 32nd A venue to the confluence with Clear Creek. The fabridam spillway was replaced in 2004 with a more vandal resistant structure. to
Specific Hazards This section details vulnerability to specific hazards, where quantifiable, and where it differs from that of the overall County. Flood .. According to the vulnerability
assessment conducted using HAZUS-MH, Wheat Ridge has one of the higher potentials for economic loss from flooding in the County. Clear Creek flows through Wheat Ridge, and there is also
risk from Lena Gulch that crosses the City. Note that this is based on computer modeling that may not reflect specific mitigation activities. Displaced populations, found in Table 4.30
in Section _4.3.4 Estimating Potential Losses, from flooding are estimated at 1,749 and 208 buildings are estimated to be at risk. The extent of flooding in Wheat Ridge is represented
in Figure 1. Detail on the types of structures is provided in Table 5, showing the numbers of residential and commercial buildings impacted by flooding, and the .J efferson County (C
ity of Wheat Ridge) Multi-Hazard Miti ga tion Plan Septel11 ber 20 I 0 FINAL EA
anticipated percent of damage. According to the analysis Wheat Ridge has a mix of residential and commercial structures potentially at-tisk. Analysis of flood prone critical fac ilities
indicates that the Wheat Ridge Fire Station 2 is in the 500 year floodplain. Table 4. Wheat Ridge 100-Year Flood Loss Potential Cost Cost Inventory Relocation Capital Wages Rental Total
Loss City Building Contents Loss ($) Loss ($) Related Loss ($) Income ($) Damage ($) Damage ($) Loss ($) Loss ($) Wheat Ridge 22,937,000 33,839,000 989,000 68,000 104,000 278.000 21
,000. 59,081,000 Source: HAZUS-MH MR 4 Table 5. Wheat Ridge Residential & Commercial Buildings by Damage Percentage 1-10% CITY RES COMM Wheat Ridge 0 29 Source: HAZUS-MH MR 4 Jefferson
County (City of Wheat Ridge) Multi-Hazard Miti gation Plan September 20 I 0 11-20% 21-30% RES COMM RES COMM 25 2 120 0 FINAL 31-40% 41-50% Substantial RES COMM RES COMM RES COMM TOTAL
6 0 20 0 6 0 208 E.5
Figure 1. City of Wheat Ridge Flood Hazard Map 100-year Floodplain _ 500-year FloodplaIn Darn Hazard Level A High Significant Low ...... LEGEND III Fire Stations o
Hazmal Facilities o Health Facilities CJ City boundaries CJCounty boundanes _Interstates G Police Facili ties _HIghways i. Schools Local roads Iv,-Wastewater FacilitJes ' Streams --l
Lakes ( .... ,' " , # ."'. /. ,. ,* . . --..". .-.&. " " ..",. ''''''' . .,..,; •. • i' I r .L..ak ewo.. odl._ ' · ··;·' 13 '. ¢ : amec:!3 o
Map compiled 10/2009: Intended for planmng purposes only DSls Source: Jefferson County, HAZUS·MH MR4, DFtRM. Urban Drainage and Flood Controi District Jefferson County (City of Wheat
Ridge) Multi-Hazard Mitigation Plan September 20 I 0 FINAL I F, , l•• ;. .::1, I .,.... . ""'" ... __ /.i i G j d " ' '-'I A E.6
Dam Failure According to the vulnerability assessment in Chapter 4 Wheat Ridge has one class I or High Hazard dam (Maple Grove Dam). The Fairmount Reservoir Dam, a High Hazard Dam, is
located immediately to the west of the City of Wheat Ridge. See discussion the in Section 4.3 in the Base Plan. Geologic Hazards Wheat Ridge has some exposure to geologic hazards including
landslide. There is a small area of landslide risk in the northwest corner of the City, between Mt. Olivet Cemetery and Ward Road Pond. See the map in Figure 2. Wheat Ridge's proximity
to the Golden -Fault as a potential, though unlikely, e31ihquake source make it more vulnerable to earthquake damage. Jefferson County (City o f Wheat Ridge) Multi-Hazard Mitigation
Pl an September 20 I 0 FINAL E.7
Figure 2. City of Wheat Ridge Geologic Hazards Map LEGEND _ Rockfall _ Landslide CJ Cily bOlmdaries r::J County boundaries -Interstates -Highways Local roads Streams 'Lakes amecf9
Map complied 10i2009: Intended for planning purpose!> ollly. Data Source: JefferSon County Jefferson Coun ty (City of Wheat Ridge) Multi-Hazard Mitigation Plan September 20 I 0 Arvada
... . r 38th Avti Wheat Ridge ' .......... .J-•• -..... .. __ .• _ .... _Ii ,... .... -. , CI,flW/1 Hi.11 Uhf! •• _.-J._w_. .. ._._ _ .. ..
_,OIi_ ...l. . ____· _I-.._ .l Lakewood o I FINAL . Edg&WatGf ,.1 __ 'l4,d/'P.-"-J. L "L' 1 CO""i" ,) ""',,,-,"' 1 .';i/onIlS
1,lllw '\ , " " A E.8
Wildfire There are no areas of the City of Wheat Ridge that fall within the Red Zone or Jefferson County Wildfire Hazard Overlay Zone. Other Hazards In the case of other hazards that
are not specific to geography such as drought, hailstorms, winter storms, lightning, tornado and windstonn the entire building inventory and population in the City is potentially exposed.
That is the reason for the asset inventory provided in Section 1.3. It should be noted that no hazard in this plan is expecte<d to cause widespread to this inventory.
Vulnerable Populations The City of Wheat Ridge does have certain populations that would be considered to be "at risk" during hazards. These include: • The City has a large elderly population
with over 20% of our residents that are 65 or older. • The City has a large disabled population with over 18% of our residents that are disabled. • The City has several areas that qualify
as low income with over 60% of the City having less than 80% of median income. 1.3 Asset Inventory 1.3.1 Property Inventory Table 6 represents an inventory of propetiy 111 Wheat Ridge
based on the Jefferson County Assessor's data as of June 2009. Table 6. Wheat Ridge's Property Inventory Property Type Structure Count Building Values ($)* Contents Values ($)** Total
Values ($) Residential 8,949 $1,343, 182,187 $671,591 ,094 $2,014,773,281 Commercial 1,126 $911,487,213 $91 1,487,213 $1,822,974,426 Total 10,075 $2,254,669,400 $1,583,078,307 $3,837,747,707
Source: Jefferson County Assessor s Office *The Assessor's Office values buildings for the specific purpose of va luation for ad valorem tax purposes and values represented do not reflect
actual building replacement values. **The Assessor does not have data about the contents of structures and the contents values shown in the table are not derived from Assessor data but
are estimates based upon the structure value using FEMA recommended values (typically 50% for residential structures and 100% for commercial/industrial) Jefferson County (C ity of Wheat
Ridge) Multi-H azard Miti gation Plan September 20 I 0 FINAL E.9
1.3.2 Other Assets Table 7 is a detailed inventory of assets identified by the City's planning team. This inventory includes critical facilities. For more information about how " critical
facility" is defined in this plan, see Section 4.3 Vulnerability Assessment. Table 7. Wheat Ridge's Assets Name of Asset Type Exempla Lutheran EI Medical Campus Wheat Ridge Medical EI
Offices -Kaiser City Hall -Police EI Wheat Ridge Fire EI Station #1 Wheat Ridge Fire EI Station #2 Maintenance Facility EI Maple Grove Reservoir VF Wheat Ridge High VF School Everitt
Middle School VF Wheat Ridge Middle VF School Prospect Valley VF Elementafy School Stevens Elementary VF School Wilmore-Davis VF Elementary School Pennington Elementary VF School Kullerstand
Elementary VF School Martensen Elementary VF School Compass Montessori VF Charter School Saint Peter & Paul VF Catholic School Beth Eden Baptist VF School Foothills Academy VF Wheat
Ridge Christian VF Academy Norma Anderson VF Je fferson County (City of Wheat Ridge) Multi-Il azard Mitiga tion Pl an September 20 I 0 Replacement Value ($) FINAL Occupancyl Capacity
# Hazard Specific Info 400 beds Tornado Tornado Tornado Tornado Tornado Tornado 550 AF Flood, Dam Failure 1,275 Tornado 487 Tornado 366 Tornado 476 Tornado 411 Tornado -283 Tornado 277
Tornado 267 Tornado 252 Tornado 661 Tornado 351 Tornado 233 Tornado 190 Tornado 45 Tornado 113 Tornado E. IO
Name of Asset Type Preschool Kids in Action Preschool VF Alpine Valley Preschool VF Mountain Vista Health VF Center Highland West VF Apartments Sandalwood Manor VF Wheat Ridge Manor
VF Nursing Home Christopher House VF Vista Village Assisted VF Living Wheat Ridge Assisted VF Living Spring Ridge Park VF Wide Horizon VF Verandas Assisted VF Living at Wheat Ridge 21
Other Nursing VF Homes Interstate 70 VF State Highway 95 VF (Sheridan Boulevard) State Highway 121 VF (Wadsworth Boulevard) State Highway 391 VF (Kipling Street) State Highway 72 (Ward
-VF Road) State Highway 58 VF Kipling Bridge over VF Clear Creek Wadsworth Bridge over VF Clear Creek 44th Avenue Bridge VF over Clear Creek Youngfield Avenue VF Bridge over Clear Creek
Interstate 70 Bridge over VF Clear Creek BNSF Railroad VF Emergency Waming VF System Clear Creek Greenbelt NA Jefferson County (City of Wheat Ridge) Multi-Hazard Miti ga tion Plan September
20 I 0 Replacement Value ($) FINAL Occupancy! Capacity # Hazard Specific Info 80 Tornado 27 Tornado 168 Beds Tornado 120 Beds Tornado 85 Beds Tornado 81 Beds Tornado 76 Beds Tornado
54 Beds Tornado 46 Beds Tornado 37 Beds Tornado 37 Beds Tornado 48 Beds Tornado 178 Beds Tornado 135,000 ADT Winter Weather 35,000 ADT Winter Weather 50,000 ADT Flood, Winter Weather
50,000 ADT Flood, Winter Weather -35,000 ADT Winter Weather 26,000 ADT Winter Weather 50,000 ADT Flood, Winter Weather 50,000 ADT Flood, Winter Weather 14,000 ADT Flood, Winter Weather
25,000 ADT Flood, Winter Weather 85,000 ADT Flood, Winter Weather Winter Weather NA Hailstorm, Tornado, Windstorm 250 Acres Drought, Erosion, Flood, Hailstorm, Lightning, E. II
Name of Asset Type Replacement Value ($) Occupancy! Capacity # Hazard Specific Info Tornado, Wildfire Spiranthes Diluvialis NA <20 Acres Drought, Flood, (Ute Ladies-Tresses Hailstorm,
Wildfire Orchid) Mycenastrum Corium NA < 1 Acre Drought, Flood, Wildfire (Earth Star Fungus) Wetlands NA 100 Acres Drought, Flood, Hailstorm, Wildfire Baugh House NA Tornado Sod House
NA Tornado Richards-Hart Estate NA 75 Tornado *EI: Essential Infrastructure; VF: Vulnerable Facilities; HM: Hazardous Matenals FaCilities; NA: natural assets Many of the facilities listed
above are also in GIS databases provided by the City of Wheat Ridge and Jefferson County. Critical facility counts and types are shown in Table 8 and in the map in Figure 1. Shelters
may be in facilities such as schools or recreation centers and are not indicated on the map. Table 8. Summary of Wheat Ridge's Critical Facilities in GIS Critical Facility Type Facility
Count Bridges 34 Fire Stations 2 Health Facilities 2 Police Facilities -1 Schools 12 Total 51 Source: City of Wheat Ridge, Jefferson County 1.3.3 Natural, Cultural, and Historic Resources
Assessing the vulnerability of Wheat Ridge to disaster also involves inventorying the natural, histOlical, and cultural assets of the area. This step is important for the following reasons:
• The community may decide that these types of resources warrant a greater degree of protection due to their unique and irreplaceable nature and contribution to the overall economy.
• If these resources are impacted by a disaster, knowing so ahead of time allows for more prudent care in the immediate aftermath, when the potential for additional impacts are higher.
• The rules for reconstruction, restoration, rehabilitation, and/or replacement are often different for these types of designated resources. • Natural resources can have beneficial functions
that reduce the impacts of natural hazards, such as wetlands and riparian habitat, which help absorb and attenuate floodwaters. Jefferson Counly (City or Wheat Ridge) Multi-Hazard Miti
Miti ga tion Pl an September 20 I 0 . FINAL E.12
Natural Resources Natural resources of importance in Wheat Ridge include the 42 sites that are parks, open space, recreation centers, or areas of visual green space totaling approximately
430 acres. Of this, 7 sites are neighborhood parks (49.20 acres) and 7 sites are pocket parks (8.0 acres) . Two park sites in the city are community parks (66.0 acres). These two community
parks also serve as neighborhood parks for residents living nearby, which is generally considered within a 0.5-mile radius. There is also 1 dedicated sports complex in the city (16.0
acres), 1 natural area (9 .0 acres), 1 open space area (250.0 acres), and 17 areas of visual green space (0.87 acre). For information about natural resources in Jefferson County, which
includes Wheat Ridge, see Section 4.3 Vulnerability Assessment. Historic and Cultural Resources Table 9 lists the properties in Wheat Ridge that are on the National Register of Historic
Places and/or the Colorado State Register of Historic Properties (for more infOlmation about these registers, see Section 4.3 Vulnerability Assessment). Table 9. Wheat Ridge's Historic
Properties/Districts in National and State Registers Property Address Date Listed Pioneer Sod House 4610 Robb St 03/14/1973 Richards Mansion 5349 W 27lh Ave 9/1511977 Wheat Ridge Post
Office 4610 Robb Street State Register 8/12/1992 Sources: Directory of Colorado State Register Properties, www.coloradohl story-oahp.org/programareas/reglster/1503/cty/Jf.htm; National
Register Information System , www.nr.nps.gov/The National Park Service administers two programs that recognize the importance of historic resources, specifically those pertaining to
architecture and erlgineering. While inclusion in these programs does not give these structures any sort of protection, they are valuable historic assets. There are currently no Historic
American Building Survey (HABS) or Historic American Engineering Record (HAER) buildings in the City of Wheat Ridge. It should be noted that as defined by the National Environmental
Policy Act (NEP A), any property over 50 years of is considered a historic resource and is potentially eligible for the National Register. Thus, in the event that the propeliy
is to be altered, or has been altered, as the result of a major federal action, the property must be evaluated under the guidelines set forth by NEPA. Structural mitigation projects
are considered alterations for the purpose of this regulation. 1.4 Growth and Development Trends Table 10 illustrates how Wheat Ridge has grown in temlS of population and number of housing
units between 2000 and 2007. The table illustrates that Wheat Ridge is losing population but Jefferson County (C ity of Wheat Ridge) Multi-Hazard Miti gation Plan September 20 I 0 FINAL
E. 13
small growth in housing units continues. Table 11 shows Wheat Ridge's estimated population changes through 2013 . Table 10. Wheat Ridge's Change in Population and Housing Units, 2000-2008
Estimated 2007 Estimated Estimated 2008 Population Percent Change 2000 # of # of Housing Percent Change 2000 Population Estimate 2000-2008 Housing Units Units 2000-2008 32,193 30,928
-5.7% 14,882 15,140 1.7% Source: Colorado DIVISion of Local Government State Demography Office, www.dola.colorado.gov/dlg/demog; City of Wheat Ridge/Table 11. City of Wheat Ridge Population
Projections Through 2013 2008 Population 2013 Population % change 2010-2013 30,928 29,974 -3.1% Source: Colorado DIVISion of Local Government State Demography Office, www.dola.colorado
.gov/dlg/demog/; City of Wheat Ridge Most of the City is already developed; however, much of the developed areas are older and are slowly undergoing redevelopment. All redevelopments
are complying with our current codes, so the regulations are being followed in the identified identified hazard areas, i.e. floodplains. The only area available for new growth is on
the west side of the City. Again, any developments in this area will also comply with
the current codes, including those regulating identified hazard areas. 1.5 Capability Assessment Capabilities are the programs and policies currently in use to reduce hazard impacts
or that could be used to implement hazard mitigation activities. This C(apabilities assessment summarizes Wheat Ridge's regulatory mitigation capabilities, administrative and technical
mitigation capabilities, and fiscal mitigation capabilities and then discusses these capabilities in further detail along with other mitigation efforts as they pertain to the National
Flood Insurance Program's Community Rating System (CRS). Although the CRS is flood-focused, this discussion also incorporates activities related to other hazards into the categories
established by the CRS. 1.5.1 Mitigation Capabilities Summary Table 12 lists planning and land management tools typically used by local jurisdictions to implement hazard mitigation activities,
and indicates those that are in place in Wheat Ridge. Table 12. Wheat Ridge's Regulatory Mitigation Capabilities Regulatory Tool (ordinances, codes, plans) General or Comprehensive plan
.I etle rson County (C ity of Wheat Ridge) Multi -I-Iaza rd Mitigation Plan Septeill ber 20 I 0 FINAL Yes/No Comments Y www.ci.wheatridge.co.us E I4
Regulatory Tool (ordinances, codes, plans) Yes/No Comments Zoning ordinance Y -www.ci.wheatridge.co.us Subdivision ordinance Y -www.ci.wheatridge .co.us Growth management ordinance Y
DRCOG Floodplain ordinance Y -www.ci.wheatridge.co.us Other special purpose ordinance (stormwater, steep slope, Y Stormwater, wildfire) -www.ci.wheatridge.co.us Building code Y -www.ci.wheatridge.co.
us Fire department ISO rating Y Community Development Erosion or sediment control program Y -WWW.ci.wheatridge.co.us Stormwater management program Y -WWW.ci.wheatridge.co.us Capital
improvements plan Y -www.ci.wheatridge.co.us Economic development plan Y -www.ci.wheatridge.co.us Local emergency operations plan Y Administrative Services Other special plans Y Police
Department Flood insurance study or other engineering study for streams Y Wildfire, -www.ci .wheatridge.co.us Elevation certificates Y -WWW.ci.wheatridge.co.us Table 13 identifies the
personnel responsible for mitigation and loss prevention activities as well as related data and systems in Wheat Ridge. Table 13. Wheat Ridge's Administrative and Technical Mitigation
Capabilities Personnel Resources Planner/engineer with knowledge of land developmenUland management practice.s ,... Engineer/professional trained in construction practices related to
buildings and/or infrastructure Planner/engineer/scientist with an urJderstanding of natural hazards Personnel skilled in GIS Full-time building official Floodplain manager Emergency
manager . -Grant writer Other Personnel GIS Data Resources (Hazard areas, critical facilities, land use, building footprints, etc.) Jefferson County (City of Wheat Ridge) Multi-Hazard
Miti ga tion Plan September 20 I 0 FINAL Yes/No Y Y Y Y Y Y Y N Y Yes Department/Position -Community DevelopmenUPlanning -Division Staff Community DevelopmenUBuilding Division Staff
Public Works/Engineering Division Staff Administrative/GIS Specialist Community DevelopmenUChief Building Official Public WorkslDirector of Public Works Police DepartmenUChief of Police
Parks/Open Open Space Personnel Administrative/GIS Specialist Comments E. IS
Personnel Resources Yes/No Department/Position Comments Warning systems/services (Reverse 9-11 , cable override, Y outdoor warning signals) Police Department/Communications Manager Table
14 identifies financial tools or resources that Wheat Ridge could potentially use to help fund mitigation activities. Table 14. Wheat Ridge's Fiscal Mitigation Capabilities Financial
Resources Accessible/Eligible to Use (Yes/No) Comments Community Development Block Grants Y Capital improvements project funding Y Authority to levy taxes for specific purposes Y Fees
for water, sewer, gas, or electric services N Impact fees for new development Y Incur debt through general obligation bonds Y Incur debt through special tax bonds Y Incur debt through
private activities Y Withhold spending in hazard-prone areas N 1.5.2 Community Rating System Activities (All Hazards) National Flood Insurance Program The City of Wheat Ridge joined
the National Flood Insuranc,e Program (NFIP) on May 26, 1972 and the Community Rating System (CRS) on October 1, 1991 . The NFIP allows private property owners to purchase affordable
flood insurance and enables the community to retain its eligibility to receive certain federally backed monies and disaster relief funds. The CRS is a voluntary program for NFIP-pmiicipating
communities. It provides flood insurance discounts to policyholders in communities that provide extra measures of flood above the minimum NFIP requirements. As of October 2009, Wheat
Ridge had a CRS class rating of 7 (one a scale of 1-10, 1 being the best). This rating provides a 15 percent discount for policyholders within a special flood hazard area (SFHA) and
a 5 percent discount for those outside of an SFHA. The City is . .. currently working to raise its rating to at least a Class 6 and may reach a Class 5. NFIP insurance data indicates
that as of November 30, 2009, there were 190 policies in force in Wheat Ridge, resulting in $39,192, I 00 of insurance in force. In Wheat Ridge, there have been 38 historical claims
for flood losses totaling $90,141. At the time this plan was developed there were no repetitive or severe repetitive loss structures as defined by the NFIP. Jefferson County (City of
Wheat Ridge) Multi-Hazard Mitigation Pl an September 20 I 0 FINAL E. 16
Community Rating System Categories The Community Rating System (CRS) categorizes hazard mItigation activities into six categories. These categories, and applicable Wheat Ridge activities,
are described below. Note: some of the activities are appropriate to multiple categories. For purposes of simplicity, they are only included in the category deemed most appropriate based
on the definitions and examples provided in the CRS Coordinator 's Manual. Preventive Preventive activities keep problems from getting worse. The use and development of hazardprone areas
is limited through planning, land acquisition, or regulation. They are usually administered by building, zoning, planning, and/or code enforcement offices. 2009 City of Wheat Ridge Comprehensive
Plan The City's comprehensive plan is a guide to help the City make decisions and establish its future direction. The goals and policies contained within the plan cover a broad range
of subjects matter related to services, issues, and geographic areas within Wheat Ridge. Combined, these elements serve to direct future policy decisions to preserve vital community
attributes and service levels and manage growth. The goals and policies were defined in the original 2000 Plan, and remained unchanged in the Plan Addendums. The Plan Addendums each
focus on new or changing development in Wheat Ridge. The following goals and related polices that are relevant to this hazard mitigation plan are excerpted here: • . Goal CS 2 -Continue
investment in parks, recreatio,n, and open space. Wheat Ridge will maintain and continue to invest in providing quality parks, open space, and recreation facilities that are accessible
to all neighborhoods and residents, using the Parks and Recreation Master Plan to guide investment and locations. -CS 2.1 -Parks-, Recreation and Open Space. The City, in coordination
with Jefferson County, Jefferson County Schools, and other organizations will continue to maintain and enhance parks, recreation, and open space offerings and facilities. • Goal CS 4
-Continue coordination with fire districts and utility providers to maintain quality service. The City will continue to coordinate with utilities and fire districts to maintain quality
levels of service to existing customers and provide new services to areas where future growth will occur. -CS 4.1 -Utility and Service Districts. The City will continue to coordinate
development and redevelopment activities with utility providers and service districts. Jefferson County (City of Wheat Ridge) Multi-Hazard Mitigation Plan September 20 I 0 FINAL E. 17
• Goal SF 2 -Protect and preserve natural assets. Wheat Ridge will protect and conserve its natural, scenic, and environmental assets including the urban tree canopy, Wheat Ridge Greenbelt,
Lena Gulch, and other drainage ways. SF 2.1 -Natural Resource Stewardship. The City will continue to work with Jefferson County to provide stewardship of unique and sensitive natural
resources and areas. Wheat Ridge Weed Management Program (2003)-The Wheat Ridge Parks and Recreation Department uses integrated pest management, a decision-making process that selects,
integrates, and implements control methods to prevent or manage noxious weeds. The Weed Management Plan focuses on long-term prevention or suppression of undesirable species while reducing
the impact that control techniques may have on the environment, human health, and non-target speCIes. The Weed Management Plan is an integral part of the Wheat Ridge Open Space Management
Plan. Municipal Code Section 26, Article 8: Floodplain Management The city council hereby finds it in the public interest, and in the furtherance of the public health, safety and welfare,
that the following objectives be fulfilled: • To promote the public health, safety and general welfare, to minimize flood losses in areas subject to flood hazards, and to promote wise
use "flood Regulatory Dishict" by: Prohibiting certain uses which are dangerous to life or propeIiy in time of flood. Restricting uses which would be hazardous to the public
health in time of flood. Restricting uses which are so particularly susceptible to flood damage, so as to alleviate hardship and reduce demands for public expenditures. for relief and
protection. Restricting pem1itted Flood Regulatory District uses, including public facilities which serve such uses, to be protected against floods-by providing flood proofing and general
flood protection at the time of initial construction. • To protect occupants of the Flood Regulatory District from a flood which is or may be caused by their own, or other, land use
and which is or may be undertaken without full realization of the danger through: Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent
danger to human life within such structures. Regulating the method of construction of water supply and sanitation systems so as to prevent disease, contamination and unsanitary conditions.
Delineating and describing areas that could be inundated by floods so as to protect individuals from purchasing lands for purposes which are not in fact suitable. Ensuring that potential
buyers are notified that property is in an area of special flood hazard. Ensuring that those who occupy the areas of special flood hazards assume responsibility for their actions. Jefferson
County (City of Wheat Ridge) Multi-Hazard Mitigation Plan September 20 I 0 FINAL E. IS
• To protect the public from the burden of extraordinary financial expenditures for flood control and relief. -Regulating all uses within the Flood Regulatory District so as to produce
a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas.
-Minimizing the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public. Minimizing prolonged business interruptions.
-Minimizing damage to public facilities and utilities, such as water and gas mains; electric, telephone and sewer lines; streets and bridges located in areas of special flood hazard.
-Helping maintain a stable tax base by providing for sound use and development of areas of special flood hazard so as to minimize future flood-blight areas. Participating in the National
Flood Insurance Program to assist propeJiy owners 111 obtaining adequate insurance coverage. coverage. • To protect the hydraulic characteristics and storage capacity of the Flood Regulatory
District and small watercourses, including the gulches, sloughs and artificial water channels, used for conveying floodwaters so as to promote retention of sufficient floodway area to
convey flood flows which can reasonably be expected to occur by: -Regulating filling, dumping, dredging and alteration of channels by deepening, widening or relocating, so as to maintain
natural storage capacity and slow flow characteristics. -Prohibiting unnecessary encroachments. -Encouraging uses such as agriculture, open space, recreation, greenbelt, riding trails
and parking. -Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in o!her areas. Restricting or
prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities.
-Requiring that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction. (Ord. No. 2001-1215, § 1,2-26-01)
Other Ordinances Article 26 Zoning and Development -The intent and purpose of the zoning code of the City of Wheat Ridge is to encourage the most appropriate use of land throughout the
city to ensure a logical growth of the various physical elements of the city; to lessen congestion in the streets and to facilitate the adequate provision of transportation within and
through the city; to secure safety from fire, panic and other dangers; to provide adequate light and air to the residents, structures and properties within the city; to improve housing
standards; to conserve property values; to Jefferson County (C ity or Wheat Ridge) Multi-Hazard Miti gation Pl an September 20 I 0 FINAL E. 19
facilitate adequate provision for water, sewage, schools, parks and other public improvements; to protect against poor or inadequate drainage or flood conditions and poor geologic conditions;
and in general to promote the health, safety and welfare of the citizens and residents of the City of Wheat Ridge. It is further the intent of this zoning code to preserve the right
of citizens to participate in the making of decisions which affect their properties while preserving, to the maximum lawful extent, the legi slative and quasi-judicial di scretion of
the elected representatives of the City of Wheat Ridge. Property Protection Property protection activities are usuaLLy undertaken by property owners on a building-bybuilding or parcel
basis. The City has done several floodplain mItigation projects along Lena Gulch and recently purchased two properties for a future project. The City is also exploring FEMA grant opportunities
for projects along Clear Creek. Natural Resource Protection Natural protection activities preserve or restore natural areas or their natural functions. They are usually implemented by
parks, recreation, or conservation agencies or organizations. City of Wheat Ridge Open Space Management Plan (2002) -The purpose of the City of Wheat Ridge Open Space Management Plan
is to establish a framework for setting priorities and provide specific management direction for natural, scenic and recreational resources within the Wheat Ridge Greenbelt, Lewis Meadows,
and future open space acquisitions. Implementation of the Plan wil1 assist the Wheat Ridge Parks and Recreation Department in its efforts to preserve and enhance these areas for present
and future generations. This Plan supplements numerous studies that have been completed through 2001 on Wheat Ridge open space. Relevant information from these municipal and county plans
and environmental reports has been reviewed and incorporated into .this The Weed Management and Wildfire Management Plans are integral to the Open Space Management Plan.
Plan. Emergency Services Emergency services measures are taken during an emergency to minimize its impacts. These measures are the responsibility of city or county emergency management
staff and the owners or operators of major or criticalfacilities. The City is in the middle of a multi-year program to install an Emergency Waming System with sirens that are capable
of both tone and vo ice wamings. Most of the floodplain areas of the City are currently covered by the EWS. Jefferson Counly (City of Wheal Ridge) Multi-Hazard Mitigation Plan September
20 I 0 FINAL E.20
City of Wheat Ridge Wildfire Management Plan (2003) -As its foundation, the Wildfire Management Plan emphasizes working with adjacent landowners, land managers, and local agencies to
reduce the potential effects of wildfire on human life, private property, and the natural resources of Wheat Ridge's Open Space. The Wildfire Management Plan is an integral part of the
Wheat Ridge Open Space Management Plan. Structural Projects Structural projects keep hazards away from an area (e .g., levees, reservoirs, other flood control measures). They are usualLy
designed by engineers and managed or maintained by public works staff The City and UDFCD have several proposed channelization projects that have been conceptually designed in the Major
Drainageway Planning -Phase B Conceptual Preliminary Design Reports that were completed in 2007 and 2008 for Lena Gulch and Clear Creek. The goal of these projects is to reduce the number
of propeliies within the 100-year floodplain. FEMA grant funding for these projects will be pursued. Previous projects along Lena Gulch have already removed some properties from the
100-year floodplain. Public Information Public information activities advise property owners, potential property owners, and visitors about the hazards, ways to protect people and property
Fom the hazards, and the natural and beneficial functions of natural resources (e.g. , local floodplains). They are usualLy implemented by a public information office. The City typically
hosts an annual Open House event which is available to all residents. The Public Works Dep31iment sponsors several tables with floodplain and stormwater infonnation. The Public Works
Department has also hosted a separate floodplain open house for the past two years with invitations being sent to all properties within the 100 year floodplain. Public infonnation boa.rds
are·also included at major parks that include emergency infonnation and other public health issues, i.e. animal diseases, wildfire, floods, etc. The City also utilizes its website, Channel
Channel 8, and qualierly newsletter to broadcast emergency infonnation and public health concerns. 1.6 Mitigation Actions This section outlines the mitigation action plan. The action
plan consists of the specific projects, or actions, designed to meet the plan's goals. Over time the implementation of these projects will be tracked as a measure of demonstrated progress
on meeting the plan 's goals. Wheat Ridge had the choice to continue to be a paliicipant in the update of the Denver Regional Council of Govemments (DRCOG) Natural Hazard Mitigation
Plan or develop a separate more detailed Jefferson County (City of Wheat Ridge) Multi-Hazard Miti ga tion Plan September 20 I 0 FINAL E.21
Jefferson County specific multi-jUlisdictional mitigation plan. Wheat Ridge chose to separate out from the DRCOG Regional Plan and utilize the planning opportunity with the intent of
developing this more robust and specific plan. Existing and planned mitigation actions from the 2003 DRCOG Regional Mitigation Plan were reviewed for Wheat Ridge, and are contained in
Table 15. The actions were very general categories of mitigation actions rather than specific actions. The DRCOG plan grouped the categories by the same list used by the NFIP Community
Rating System noted previously in Section 5.2 of the main plan. The majority of the action items identified for these jurisdictions were the conti nuation of ongoing capabilities, such
as maintaining and updating building codes, floodplain regulations, stonnwater management, erosion and sediment control, best management practices, etc. During the 2009-2010 development
of this plan several of the existing actions related to ongoing capabilities for Wheat Ridge were deleted from the mitigation action plan and captured in Section 1.5 of this Annex, which
is also organized by CRS mitigation category. Thus the actions identified in section 5.3 of the main plan, and explained in greater detail in Section 1.6.1 of this plan, represent new
actions or those actions further refined from the DRCOG plan. Examples of this include the DRCOG "Floodplain Development Regulations" action, whi ch is now refined to include: "Continue
to Implement Sound Floodplain Management Practices through Pmiicipation in the National Flood Insurance Program. Table 15. City of Wheat Ridge Mitigation Progress Table from the 2003
DRCOG Plan Local Mitigation Measures' Action Strategies Prevention: Adopt or Revise Building Code Planning And Zcming: Land Development Regulations Open Space Preservation Floodplain
Development Regulations Storm Water Management Develop inventories of at-risk structures to prioritize mitigation projects Wildland Fuel Management Jeffe rson Coullty (C ity of Wheat
Ridge) Multi-Il aza rd Mitiga tion Plan September 20 I 0 Status: Completed, Deleted, Deferred, Ongoing Deleted Deleted Deleted Deleted Ongoing Ongoing Ongoing FINAL Comments Ongoing
see capability assessment -Ongoing see capability assessment Ongoing see capability assessment replaced by NFIP/CRS/CIP/Stormwater Utility action Ongoing, see capability assessment and
action related to Stormwater Program and Maintenance Operations Critical facilities inventoried as part of 201 0 update. Locations have been identified through mapping. No other work
has been completed. Ongoing, see capability assessment and new action item related to the Open Space Wildfire Management Plan E.22
Local Mitigation Measuresl Action Strategies Property Protection: Building Inspection and Modification Relocation Acquisition Building Elevation Floodproofing Sewer Backup Protection
Insurance Natural Resource Protection: Erosion and Sedimentation Control Best Management Practices Emergency Services: Flood Warning Systems Flood Response Critical Facilities Protection
Protection of infrastructure needed for emergency response capability (EOC) Health and Safety Maintenance Structural Projects: Public Information: Map Information Outreach Projects Real
Estate Disclosure Library/Environmental Education Technical Assistance Jefferson County (City of Wheat Ridge) Multi-H azard Miti gation Plan September 20 I 0 Status: Completed, Deleted,
Deferred, Ongoing Deleted Deleted Deleted Deleted Deleted Deleted Deleted -.-Deleted Deleted Completed Deleted Deleted Deleted Deleted Deleted Ongoing Ongoing Ongoing Deleted FINAL Comments
Removed ; part of day to day activities Category, not specific action Category, not specific action Category, not specific action Category, not specific action Too generic to track Addressed
in NFIP compliance action --.. -Addressed in development regulations Removed as too generic to track, see capability assessment Participates with Urban Drainage and Flood Control District
warning system; see capability assessment Addressed in Emergency Operations Plan; Removed to keep plan's focus on mitigation; See above Other than identification, no work has been completed.
No work done. -Part of ongoing department activities; Removed to keep plan's focus on mitigation none identified in 2003 Removed, too generic to track Part of CRS program activities;
See capability assessment; See Channel 8IWebsite updates project Resources available in Community Development library and at the Wheat Ridge Branch of the Jeffco Library. Removed, too
generic to track E.23
1.6.1 New Mitigation Actions for the City of Wheat Ridge The following actions were identified and prioritized using the process found in Section 5.3.1 PriOlitization Process. 1. Lena
Gulch Channelization IssuelBackground: 15 houses along Lena Gulch between Simms and Tabor Streets were shown within the 100-year floodplain on the 2007 FHAD. 2 properties have already
been purchased with the houses and other improvements being removed. Other property is already owned by City. Improve up to 1,000 feet of channel to fully convey the 100-year event.
Completely removes the remaining 13 houses from the I OO-year floodplain. Other Alternatives: Purchase remaining 13 properties for a cost of over $5 million. Responsible Office: Public
Works Priority (High, Medium, Low): High -Dam Failure and Flood Cost Estimate: $2.4 million, estimated in 2007 Major Drainageway Planning -Phase B, $0.8 million spent in 2008 and 2009
on purchase and demolition of the two properties, so $1.6 million remam1l1g. Benefits (Avoided Losses): Losses): $3.5 million estimated in 2007 Major Drainageway Planning -Phase B. Potential
Funding: FEMA Grant, UDFCD and City share in local match Schedule: Not cunently in 5-Year CIP due to uncertainty of obtaining FEMA grant 2. Emergency Warning Sys_tem Issue/Background:
The City has a large amount of open space and other areas that cannot receive warnings from cunent technology, i.e. 911. A total of 15 sirens will be located throughout
the City with both wailing and voice broadcast capabilities. Phase 1, with 6 sirens, was completed in early 2009. Phase 2, with 5 sirens, will also be completed in 2009. Funding for
Phase 3, with 4 sirens, will be sought in 2010. Other Alternatives: Use other less effective fornls of communication to try to broadcast warnmgs. Responsible Office: Public Works and
Police Jefferson County (City of Wheat Ridge) Multi-Hazard Miti gation Pl an Sept ember 20 I 0 FINAL E.24
Priority (High, Medium, Low): High -Dam Failure, Flood, Haiistollll, Lightning, TOlllado, Windstol111, and Wildfire Cost Estimate: $325,000 for all phases, $125,000 spent in 2009, $100,000
remaining for 2009, $100,000 estimated for 2010. Benefits (Avoided Losses) : Potential loss of life or injury and propeliy damage. Potential Funding: Jefferson County Emergency Communications
Authority Schedule: Pending funding, finish project in 2010. 3. ChannelS/Website Updates Issue/Background: Some hazards do not pose an immediate risk, but have longer range durations.
Therefore, they do require immediate notification, but rather need to have infonnation available to help cope with the ongoing nature of the hazard. Notices, infornlation, and links
other websites can be posted to keep current infonnation available. Other Alternatives: Rely on other sources to provide infol111ation. Responsible Office: Administration Services Priority
(High, Medium, Low): Medium -Drought, Extreme Temperatures, and Winter Weather Cost Estimate: Ongoing operation. Benefits (Avoided Losses): Potential loss of life or injury and property
damage. Potential Funding: City General Fund Schedule: Ongoing. 4. Emergency Operations Plan Issue/Background: The City's plan was updated in 2009 to provide general guidelines and principles
for planning, managing, and coordinating the overall response and recovery activities of Wheat Ridge government before, during, and after major emergency and disaster events. It delineates
the roles and responsibilities of City departments, outside agencies, and volunteer organizations which are expected to contribute to the protection of people and property. Other Alternatives:
Rely on other sources to provide procedures. Jefferson County (City of Wheat Ridge) Multi-Hazard l\'liti gation Plan September 20 I 0 FINAL E.25
Responsible Office: Police Priority (High, Medium, Low): High -Dam Failure, Earthquake, Flood, Hailstonn, Tornado, Wildfire, Windstonn, and Winter Weather Cost Estimate: Ongoing operation.
Benefits (Avoided Losses) : Potential loss of life or injury and property damage. Potential Funding: City General Fund Schedule: Ongoing. Formal update every 5 years. 5. NFIP/CRS/CIP/Stormwater
Utility Issue/Background: The City has a large number of properties that are either in the floodplain or in areas with substandard drainage conveyance. The City is a member of the NFIP
and participates in the CRS in order to minimize flood losses over time. In addition, the City will be pursuing FEMA grants for at least one floodplain mitigation project to additional
properties from the floodplain. The City uses it's current CIP to fund drainage improvement projects and IS attempting enact a stormwater utility to provide additional
funding. Other Alternatives: Rely on other sources to provide funding. Responsible Office: Community Development/Public Works Priority (High, Medium, Low): High -Dam Failure and Flood
Cost Estimate: Ongoing operation. Benefits (Avoided Losses): Potential loss oflife or injury and property damage. Potential Funding: City General Fund Schedule: Ongoing. 6. Stormwater
Program and Maintenance Operations Issue/Background: The City's Stormwater Program is in place to regulate public and private construction activities that could cause erosion. In addition,
Public Works Operations has a program to clean out any accumulated sediment and repair a pOliion of the public storm sewer system each year. The amount that is done is dependent upon
available fund s. Other Alternatives: None, the stonnwater program is required by our State Pennit. Jefferson County (City of Wheat Ridge) Multi -Hazard Miti ga tion Pl an September
20 I 0 FINAL E.26
Responsible Office: Public Works Priority (High, Medium, Low): Medium -Erosion/Deposition Cost Estimate: Ongoing operation. Benefits (Avoided Losses) Potential environmental or public
infrastructure damage. Potential Funding: City General Fund Schedule: Ongoing. 7. City of Wheat Ridge Open Space Wildfire Management Plan Issue/Background: The purpose of this plan is
to outline basic considerations and constraints and provide guidelines for wildfire management planning within the Wheat Ridge Greenbelt and Lewis Meadows. Other Alternatives: Use regional
plans to manage open space. Responsible Office: Parks and Recreation Priority (High, Medium, Low): High -Wildire Cost Estimate Ongoing operation. Benefits (Avoided Losses): Potential
environmental or public infrastructure damage. Potential Funding: City General Fund Schedule: Ongoing. 8. Education and Ordinance's regarding the mitigation of tree's as hazards in Natural
Disaster Issue/Background: Trees of certain types, such as cottonwoods, are susceptible to damage during severe weather events and can cause damage to property, disrupt power, and are
a danger to the public. Untrimmed trees of many types also become a hazard to life and property during severe weather events. Implementing or changing City Ordinances that address types
of trees to be planted by property owners as well as the care and proper trimming of trees would alleviate loss of power, damage and injury during a severe weather event. A public education
program using printed media and cable television programs would be used to infonn the public on these issues and encourage compliance. Jefferson County (C ity of Wheat Ridge) Multi -Hazard
Miti ga tion Plan Septelllber 20 I 0 FINAL E.27
Other Alternatives: Use only printed media to infonn the public. Responsible Office: Parks and Recreation Department and Police Priority (High, Medium, Low): High -Flood, Hailstonn,
Lightning, Tornado, and Windstonn Cost Estimate: $2,500 for cable program development and developing, printing, and distributing printed media. Benefits (Avoided Losses): Potential loss
of life or injury, loss of public utility service and propeliy damage. Potential Funding: City Budget or grants Schedule: Pending funding, finish project in 2011. Jeffe rson County (C
ity of Wheat Ridge) Multi-Hazard Miti gation Pl an Sept ember 20 I 0 FINAL E.28
.. .,. -City of • ? WheatRL.-dge DATE: June 13, 2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD RFB-II-21, FOR THE PURCHASE OF A STREET
SWEEPER, TO OJ WATSON, DENVER, COLORADO, AT A TOTAL COST OF $157,300 o PUBLIC HEARING [gJ BIDSIMOTIONS o RESOLUTIONS QUASI-JUDICIAL: Public Works Director ISSUE: o ORDINANCES FOR 1 ST
READING o ORDINANCES FOR 2ND READING DYES Bids received for RFB-II-21, for the purchase of a street sweeper, were opened on Wednesday, March 30, 2011. Three bids were received. The apparent
low, fully-responsive bidder is O. J. Watson of Denver, Colorado. Based upon compliance with_bid specifications, staff recommends award to OJ Watson of Denver, Colorado. PRIOR ACTION:
The City Council considered award of the street sweeper bid at the May 23, 2011 City Council Meeting. Following receipt of a protest of the award by bidder Intermountain Sweeper Co.,
consideration of the award was deferred to the June 13,2011 meeting. FINANCIAL IMPACT: The funds for the purchase of this vehicle are budgeted in the 2011 Public Works Department General
Fund Budget, account number 01-303-800-807, Fleet Replacement. The total approved budgeted amount for the cost of the vehicle, including the cost oftransfer, purchase and installation
of new and used equipment, lighting, markings, communications and other miscellaneous equipment is $250,500. BACKGROUND: Unit #5, the street sweeper to be replaced, is a 1998 Johnston,
model 605, vacuum street sweeper. The original purchase price was $118,736. The current odometer reading is approximately 39,000 miles. The current hour meter reading is approximately
5,600. The City'S
CounciL Action Fonn June 13,2011 Page 2 replacement policy for street sweepers is 30,000 miles and/or 10,000 hours and/or six years of service. Overall reliability of service to date
is rated as average based upon vehicle life maintenance and repair costs totaling approximately $19,565. The current condition of the street sweeper is rated as fair. Outside bids were
requested because this vehicle is not offered through the Colorado Pricing Agreement or the Municipal Association of Procurement Officials (MAPO) purchasing process. Bids received for
RFB-II-21, Street Sweeper were opened on Wednesday, March 30, 2011. Three bids were received. The apparent low, fully-responsive bidder is o. J. Watson 6fDenver, Colorado with a base
price of $167,300, less a $10,000 trade-in allowance for the existing sweeper, resulting in a total expenditure of $157,300. Following a fonnal protest of the award of the bid to O.J.
Watson by another bidder, 1ntennountain Sweeper Co., staff met with representatives ofIntennountain Sweeper and o. 1. Watson to gather additional infonnation concerning the sweeper recommended
for purchase. Following analysis of all prior and new infonnation concerning the Schwartze street sweeper, staff has confinned its recommendation of award to o. J. Watson. RECOMMENDATIONS:
. . ; Based upon the compliance with bid specifications, staff recommends award to the lowest bidder, OJ Watson of Denver, Colorado for the purchase of the street sweeper. The street
sweeper being replaced will be traded to OJ Watson in exchange for an allowance of $10,000 toward the purchase of the new vehicle. RECOMMENDED MOTION: -"I move to award RFB-II-21, Street
Sweeper, to OJ Watson of Denver, Colorado for a total cost of $157,300." Or, "I move to deny award ofRFB-II-21, Street Sweeper, for the following reason(s): REPORT PREPAREDIREVIEWED
BY: Greg Knudson, Operations Manager Tim Paranto, Public Works Director Linda Trimble, Purchasing Agent ATT ACHMENTS: 1. Bid Tab Summaries 2. Street Sweeper Photo 3. May 31, 2011 Staff
analysis "
PROJECT: RFB-11-21 STREET SWEEPER BID DUE DATE/TIME: TUESDAY, 04/05/2011 BY 2 P.M. OUR CLOCK ... .4 REQUESTED BY: GREG KNUDSON . /OPENED BY: LINDA TRIMBLE, PURCHASING AGENT crWITNESSED
BY: DENISE WOOD, PURCHASING - _ r City of _ VENDOR FARIS MACHINERY CO. INTERMOUNTAIN SWEEPER OJ WATSON DENVER, CO SIGNATURE PAGE YES YES
YES ATIACHMENT A, QUESTIONNAIRE YES YES YES ADDENDUM 1 ACKNOWLEDGEMENT YES YES YES ACCEPTS VISA NO NO NO WARRANTY INFORMATION YES YES YES MAKE/MODEL ELGIN CROSSWIND TYMCO 600 SCHWARZE
A7000 BASE PRICE $ 174,070.00 $ 174,885.00 $ 167,000.00 OPTION: AUXILIARY HOSE EXTENSION $ 636.00 $ 425.00 $ 300.00 TOTAL WITH OPTION PRICING $ 174,706.00 $ 175,310.00 $ 167,300.00 TRADE-IN
ALLOWANCE, 1998 JOHNSTON VACUUM STREET SWEEPER $ (5,000.00) $ (7,000.00) $ (10,000.00) INCLUDING TRADE-IN AND OPTIONS $ 169,706.00 $ 168,310.00 $ 157.300.00 Page 1 of 1 '.P." C G) E
.c U ..c..a cI:
.N. C CI) E .c CJ .. :i
.... City of • !p("WheatRt-dge WORKS Memorandum TO: Linda Trimble, Purchasing Manager FROM: Tim Paranto, Director of Public Works DATE: May
31, 2011 SUBJECT: RFB-11-21, Street Sweeper Specifications Comparison Matrix Greg Knudson, Operations Manager, and I met with representatives from Intermountain Sweeper on May 26,2011
and heard a detailed explanation of the reasons they felt that the O. J. Watson bid did not meet the minimum specifications. Greg and I also met with representatives ofO. J. Watson and
heard a detailed explanation of why they believed that their bid met the specifications. Greg and I have analyzed all information available and recently provided concerning the Schwarze
A 7000 street sweeper. The attached matrix shows our determination of the specifications challenged by Intermountain Sweeper. You will find that the Schwarze machine meets the City's
specifications for a street sweeper. It should be noted that each brand of street sweeper has many unique features and component designs. The City's bid specifications were generally
written based on the TYMCO sweeper, which Staff had earlier found to be an acceptable machine for the City's application. It would, therefore, be expected that the, bid ofIntermountain
Sweeper (for a TYMCO sweeper) would likely meet all specifications, while the bids for the Elgin and Schwartze may not. The City's procurement documents provide that the City shall determine
whether a product meets the specifications or is equal to an approved product. OJ Watson Intermountain Compliance Support Specification Compliance Sweeper Determination By Staff Compliance
Analysis Dust Separator-Separation of the dirt and refuse from the air stream shall be accomplished within the NO YES Different design. Meets hopper by means of a multi-pass specification
intent. cylindrical centrifugal single chamber dust separator. Dust Separator-Dust separator shall have an easy open access door allowing inspection and cleaning of NO YES Different
design. design. Meets the interior. The door shall have an specification intent. abrasion resistant bonded rubber lining material for long life. Attachment 3
Dust Separator-The entire dust separator inlet area shall be lined NO YES Different design. Meets with a bolt-on replaceable, wear specification intent. resistant rubber liner for long
life. Hopper-Dumping shall be accomplished by means of hydraulically actuated cylinders Different design. Meets attached to a rear door with a raker NO YES specification intent. bar
moving inside the hopper as door is opened and closed to dump debris behind the rear wheels. Hopper-Hopper door shall be opened and closed hydraulically and Meets specification. be held
in the closed position by YES YES means of a lock valve located in the hydraulic dump circuit. Hopper-Hopper suction inlet roof Different design. Meets area shall have a bolt on replaceable
NO YES specification intent. wear resistant liner. Blower-Heavy duty, wear resistant, high strength, turbine type open face Different design. Meets blower, computer balanced with 4 NO
YES specification intent. grams, shall be provided to create air pressure and suction. Blower-Blower wheel shall be covered with wear resistant rubber NO YES Different design. Meets
for long life. specification intent. Blower-Blower shall be mounted on self-aligning, anti-friction bearings, sealed and lubricated for life. If YES YES Different design. Meets bearings
are not sealed, then an specification intent. automatic lube system shall be furnished. Blower-Blower shall be driven from -a power take off (PTO) auxiliary NO YES Different design.
Meets engine by heavy duty power belt specification intent. which shall be adjustable for tension Pick-Up Head/Broom orifice flange shall be of bolt-on design
so that the flange is easily replaced and shall have an Different design. Meets adjustment mechanism so that the YES YES specification intent. blast orifice gap is easily adjusted without
removing the pick-up head from the sweeper. Pick-Up HeadlBroom Assist-A bolt-on pressure inlet ring with turning vanes shall be provided fro NO YES Different design. Meets efficient
performance and easy specification intent. service. Pick-Up Head/Broom Assist-A suction hose, attached to a quick disconnect transition at the hopper, shall extend down to the right
side YES YES Different design. Meets of the pick-up head and shall be specification intent. attached to the pick-up head suction nozzle ring which shall be
constructed of 1f4-inch steel. Pick-Up HeadlBroom Assist-Pressure inlet ring shall be equipped with an adjustable pressure relief for Different design. Meets optimum leaf and light debris
YES YES specification intent. sweeping, and control shall be ergonomically mounted inside the cab. Dust Control Water System-A water level sight gauge shall b e YES YES Different design.
Meets provided. specification intent. Storage Compartment-A curbside mounted steel storage compartment box shall be provided for tools, etc. Meets specification. The storage box shall
have one YES YES hinged door on the curbside for ground level access. Storage box mounting, requiring climbing for access, is unacceptable. Auxiliary Engine Access-Auxiliary engine shall
be accessed YES YES Different design. Meets without raising the hopper. specification intent. Auxiliary Engine Access-Access will be accomplished from the ground level by steel steps
covered YES YES Different design. Meets with anti-skid grating and properly specification intent. sized grab handle to insure safe entry and exit from the platform. Auxiliary Engine
Access-A suitable sized platform will be YES Different design. Meets provided to allow safe access to YES -specification intent. auxiliary engine. Operating Controls-All external wiring,
harnesses and terminations shall be of a sealed, weather-tight design utilizing heat shrinkable YES YES Meets specification. components. Additionally, where feasible, all connectors
shall utilize solid, cold formed, nickel plated copper alloy contacts with gas-tight crimps. Axles-Rear axle shall be a minimum of21,000 Ibs. Suspension to be a Meets specification.
Original bid minimum of 31 ,000 Ibs. variate with was incorrect. Corrected response 4,500 Ibs. capacity multi-leaf dated May 26, 2011 indicates unit auxiliary rubber spring. DID NOT
exceeds specification. ANSWER YES Provide references on same model or sim ilar. YES YES Meets specification.
" .( . ... J or ' City of • DATE: June 13,2011 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE APPOINTMENT OF AMANDA DEERR
TO THE PARKS AND RECREATION COMMISSION -DISTRICT I D PUBLIC HEARING C8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1 ST READING D ORDINANCES FOR 2ND READING QUASI-JUDICIAL: DYES City
Clerk ISSUE: There currently is a vacancy on the Parks and Recreation Commission in District I. Amanda Deerr is a resident of District I and has submitted an application to the Parks
and Recreation Commission requesting appointment. Council Member Karen Berry has requested that Amanda Deerr be appointed to fill the vacancy, term ending 3/2/13. FINANCIAL IMPACT: None
BACKGROUND: The District I Representative, Joseph Jesik, resigned May 21, 2011. The City Clerk's Office received an application from Amanda Deerr, 2960 Jay St, seeking to fill this position.
RECOMMENDATIONS: Council Member Berry is recommending that Amanda Deerr be appointed to the Parks and Recreation Commission representing District I. RECOMMENDED MOTION: "I move to appoint
Amanda Deerr to the Parks and Recreation Commission representing District I, term to expire March 2,2013." V :\Forms\CAFtemplate
Council Action Form June 13,2011 Page 2 Or, "I move to deny the appointment of Amanda Deerr to the Parks and Recreation Commission for the following reason(s) _______ _ REPORT PREPARED
BY: Bruce Roome, Deputy City Clerk Michael Snow, City Clerk ATTACHMENTS: 1. Application Form
..E I' -" -,' _ '.. City of Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: :Bec.reccl1 'M. Q ornn:M §6.! Q1L (Board/Commission/Committee
) DATE: 'Zol\ DISTRICT:_.;:L_ _____ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 6 "i ARE YOU A REGISTERED VOTER? WHY ARE YOU SEEKlNG
TmS 40 ':i¥-:& DO YOU HAVE EXPERIENCE IN TIDS AREA?. ....l0---_l .. -______ HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY
ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WIDCH ONE? HOW LONG? Cun""1 C%.. ARE THERE ANY CONFLICTS WmCH WOULD INTERFERE WITH REGULAR ATTENDENCE
OR DUTIES? No -SIGNATURE PRINT NAME -AmMvb... Dec.-rr· . ADDRESS J,. 4bo 3Aj HOME PHONE 94"2.--10\\ BUSINESSPHONE _
_________________ __ E-MAILADDRESS aeer-ra...(?l'V'\s() .cem APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29iL Ave., Wheat Ridge CO 80033