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HomeMy WebLinkAboutCouncil Packet 08/09/2010CITY COUNCIL AGENDA: August 9 , 2010 Page -2- 1. CONSENT AGENDA A. Resolution 39-2010 -approving an Intergovernmental Agreement between the Jefferson County Department of Health and Environment and the City of Wheat Ridge for cooperative Mosquito Management Program in an amount not-to-exceed $8,197.50. B . Resolution 40-2010 authorizing submittal of the application for a 2011 Special Opportunity Grant to the State Board of the Great Outdoors Colorado for the construction of a Skateboard Park in Discovery Park. C . Resolution 42-2010 -amending the fiscal year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $7 ,206 .84 to the Department of Treasury Internal Revenue Service (IRS) for the payment of 2008 Employment Tax Examination Liability . D. Resolution 43-2010 -supporting the Denver Regional Council of Governments (DRCOG) Comprehensive Joint Application to the US Department of Housing and Urban Development Sustainable Communities Regional Planning Grant Program . E . Motion to approve renewal of RFP-07-32 Towing and Impound Services to Connelly 's Towing, Inc . F. Motion to approve Award SOQ-10-03 On-Call Architectural , Engineering , and related ConsultinglDesign Services . PUBLIC HEARINGS AND ORDINANCES ON SECOND READING 2 . Council Bill 14-2010 -amending Articles II and VI of Chapter 26 concerning Accessory Buildings on properties with Commercial or Industrial Zoning . 3. A. Resolution 37-2010 -making certain findings of fact regarding the proposed annexation of two remnant parcels of right-of-way located in the east half of Section 16 , Township 3 south, Range 69 west of the Sixth Principal Meridian , County of Jefferson , State of Colorado . (Case No . ANX-1 0-02/City of Wheat Ridge . 3 .B . Council Bill 12-2010 -An Ordinance approving the Annexation of two remnant parcels of right-of-way located in the East Half of Section 16 , Township 3 South, Range 69 West of the Sixth Principal Meridian, County of Jefferson, State of Colorado . (Case No . ANX-1 0-02/City of Wheat Ridge) CITY COUNCIL AGENDA: August 9,2010 Page -3- 4 . Public Hearing considering (1) a motion establishing a Business Development Zone to be known as the Seniors ' Resource Center Business Development Zone and (2) approving an Agreement to participate in said Zone in conjunction therewith . DECISIONS, RESOLUTIONS, AND MOTIONS 5. Resolution 38-2010 -approving a 28-lot Consolidation Plat on property zoned R-1C located at 3227 Chase Street. (Case No. WS-10-01/Seniors' Resource Center) 6. Resolution 41-2010 -submitting a Ballot Question to the Registered Electors of the City, concerning City Wide Residential Trash Removal. 7 . Motion to approve Bicycle and Pedestrian Master Plan, Phase 2 . CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY COUNCIL MINUTES : July 26 , 2007 Page -2- Commander Lorentz gave the staff report. Mayor DiTullio closed the public meeting . Motion by Mr . Reinhart to approve Council Bill 13-2010 (Ordinance 1467) on second reading and that if take effect 15 days after final publication ; seconded by Mrs . Langworthy and Sang ; carried 7-0 . ORDINANCES ON FIRST READING 2 . Council Bill 14-2010 -amending Articles II and VI of Chapter 26 concerning Accessory Buildings on properties with Commercial or Industrial Zoning . (Case No . ZOA-10-03) Council Bill 14-2010 was introduced on first reading by Council Member DeMott . Motion by Mr . DeMott to approve Council Bill 14-2010 on first reading , order it published, public hearing set for Monday , August 9 ,2010 at 7:00 p.m . in the City Council Chambers , and that it take effect 15 days after final publication ; seconded by Mrs . Sang; carried 7-0. 3 . Council Bill 15-2010 -amending Article I of Chapter 26 concerning the provision for Conditions of Approval in the Zone Change Process . Council Bill 15-2010 was introduced on first reading by Mrs . Langworthy. Motion by Mrs . Langworthy to approve Council Bill 15-2010 on first reading , order it published , public hearing set for Monday , August 23,2010 at 7 :00 p .m. in the City Council Chambers , and that it take effect 15 days after final publication ; seconded by Mr. Reinhart ; carried 7-0 . DECISIONS, RESOLUTIONS, AND MOTIONS 4 . Resolution 36-2010 -approving the purchase of one replacement Police Special Investigations Vehicle, amending the fiscal year 2010 public works operating budget , and in connection therewith , approving a supplemental budget appropriation in the amount of $27,750 . Resolution 36-2010 was introduced by Mr. Reinhart. Motion by Mr. Reinhart to approve Resolution 36-2010 ; seconded by Mrs . Jay ; carried 7-0. Call to Order CITIZEN'S EXPLORATORY COMMITTEE (CEC) MEETING July 28, 2010 City of Wheat Ridge, Colorado The meeting was called to order at 5:10 p .m . by Co-chairperson Cheryl Wise Members present included : Maryanne "Moe" Keller, State Senator Amy Sherman , President & CEO , West Chamber Cheryl Wise , Wheat Ridge business owner Larry Schulz , Wheat Ridge Treasurer Ron Abo , Principal , The Abo Group, resident and board member (arr ived at 5 :26 p .m.) Gretchen Cerveny , former Mayor and resident Nancy Snow, former City Counselor and resident Ralph Mancinelli , former City Counselor and resident Guests in attendance included: Karen Adams , City Counselor , District Three Karen Berry , City Counselor , District One Joyce Jay, City Counselor, District Two Joe Drew, Resident Carl Neu , Facilitator Heather Geyer, Interim Administrative Services Director Review of the June 21.2010 Meeting Minutes It was moved by Nancy Snow and seconded by Amy Sherman to postpone consideration of the minutes until committee members have had sufficient time to review them . The motion passed unanimously. Public Comment -10 minutes Karen Berry, City Council representative from District One , reviewed her digital presentation . (A copy of this presentation is attached to , and made a part of, these minutes .) Ms . Berry expressed concerns about the proposed changes to the City's form of government. Charter Section 3.4 provides for the City manager to hire , fire and CEC Min utes Jul y 2 8 , 2 0 I 0 Attachment 1 -I - direct City employees . Charter Section 4 .9 prohibits Council from dictating th e hiri ng or duties of City employee, except for the manager. She expressed concern that the proposed changes would remove restrictions that currently prohibit the mayor from directing the City manager to hire and fire employees and direct their duties . For example , if the mayor directs the City manager to hire a certain individual , there would be nothing that Council could do about it under the proposed amendments . Ms . Berry also expressed concern about the proposed veto power by the mayor over the entire budget which is a comprehensive document that not only directs spending but also directs policy including investment policy , policy direction to staff and legislative direction associated with special funds. She noted that surrounding cities do not give the mayor veto power over the budget. Even Denver with the strong mayor form of government, does not give the mayor power to veto the entire budget. The governor can veto line items , but cannot veto the entire budget. The president cannot veto a line item . The Supreme Court ruled that this violated the separation of powers because the president would be acting as a legislator. The proposed change to allow the mayor of Wheat Ridge to veto line items as well as the entire budget, would give unusual power to the mayor. Section 5 .14 of the charter provides that the mayor may only veto an ordinance . Since the charter requires that the budget be adopted by resolution , she wondered if City Council would have power to override the veto of the budget when it is passed by resolution . There is a time limit of seven days for the mayor to veto an ordinance and , since resolutions do not have such a time limit, the budget could be left in limbo . Ms . Berry expressed concern that the proposed provisions are not clearly written and could open the opportunity for future abuses . The mayor would be given more power over the City's budget than past mayors, the governor or the president. The mayor would essentially act as executive and legislative branches of the City . Wheat Ridge w ould be the only City in the area where the chief executive officer could accept campaign contributions . The chief executive officer for other cities is a professional manager. Denver is the exception but there are protect ions in place . It is risky to concentrate all of the City's power in the hands of a single politician . In response to a question from Nancy Snow , Ms. Berry stated that she has asked the City attorney about the fact that the proposal was written for ordinance rather than resolution but she has not heard back from him at this time. Nancy Snow asked if Ms . Berry thought that the conflict of interest section of the charter would address her concerns . Ms . Berry replied that the section is very minimal and applies more to direct and financial interests . She commented that CEC Minutes Jul y 28, 20 10 - 2 - under the Councillmanager form of government, it makes it harder for five people to have a special interest in appointing someone . Nancy Snow read the conflict of interest portion of the charter as follows: If any elected official fails to disclose such interest, the Council should determine by majority vote whether such interest does in fact constitute a conflict of interest. When a conflict of interest is established, the Council should take any action it deems to be in the best interest of the City. Karen Berry commented that most surrounding communities have a much stronger conflict of interest and ethics rules and standards than Wheat Ridge does. Most of our City's rules are directed to financial interests . Joe Drew 6660 West 29 th Avenue Mr. Drew stated that he didn't think it is necessarily true that changing the structure will change the function of the City . He expressed concern that the proposal puts a lot of emphasis on one person. He didn't believe Wheat Ridge is of the size to have a full-time mayor (similar to Denver.) He stated he would be more comfortable with elected officials overseeing professionals who take care of day-to-day business rather than elected officials who can change every four years. He believed that the checks and balances currently in place are a more appropriate structure. Mr. Drew expressed his belief in representative government where you elect officials to make decisions and voters have the option of "throwing them out" if they don't like the decisions . He expressed frustration with constitutional amendments. He also expressed his opposition to paying people to circulate petitions . Joyce Jay, City Council representative from District Two, read her statement (a copy of which is attached to , and made a part of, these minutes.) She stated that she had opportunity over the past week to visit Golden, BelMar in Lakewood and Arvada and saw "happy, strolling people." She would like to see that same environment in Wheat Ridge and wondered if part of the reason it isn't happening is that the mayor and City Council don't act as a team in Wheat Ridge . The system of separate voting privileges for the Council and mayor exacerbates divisiveness and is an absolute blow to accomplishment. Rather, there should be nine dynamic, dedicated individuals with a compassion for constituents . It should not be a one-person show that mayor may not save money. She suggested a change that would make the mayor a voting member of Council with no one person holding more power than another. This would result in a more collaborative effort to move on to the people's business, hopes and dreams . She noted that Golden, Lakewood and Arvada have this system. CEC Minute s July 28, 2010 - 3 - Gretchen Cerveny commented that Littleton , Englewood and Br ighton also have the mayor as part of Council. At this point, Ron Abo chaired the meeting . (The meeting was recessed from 5:42 p.m . to 5 :52 p.m .) Final Report Development, Led by Carl Neu, Facilitator (Carl Neu will facilitate the work of the CEC in their continued study of the forms of government pros/cons and report development.) Cheryl Wise and Gretchen Cerveny met with Mr. Neu on July 23 , to write the first draft of the report to be given to City Council. Mr. Neu handed out copies of the draft as well as a copy of City Attorney Gerald Dahl 's comments . He asked members to carefully review the draft to make sure their comments were portrayed correctly . Committee members reviewed the draft page by page. Suggestions were made to further refine and clarify some of the language . Mr. Neu will incorporate those suggestions into the final report. (The meeting was recessed from 7 :05 p .m. to 7 :13 p.m.) Larry Schulz stated that he believed the City would benefit from the suggestion received tonight to make the mayor a voting member of Council. It would go a long way toward achieving improvements that the petitioners want to achieve and, at the same time , it would preserve the role of the Council and strengthen the role of the mayor. Nancy Snow asked if Mr. Schulz believed the mayor should be elected at large or selected by the Council annually . He replied that he thought it would be best if the mayor were elected at large. If you went to another system , you would really have to look at the structure of Council. For example, if eight Council members were elected from the districts with one elected at large, it would appear that the at-large candidate was running for mayor. Nancy Snow expressed concern about putting something else on the ballot at this time. If the committee wants to suggest another form of government, she felt strongly that it should be done in a different year because it could be seen as a way to kill the first proposal. Moe Keller commented that it doesn't make sense to go to voters with two proposals now and then come back with another in two years . The committee is here to propose recommendations to City Council. She believed it would be wise C EC Minute s Jul y 28, 2010 -4 - for the committee to offer a third option to see if Council wants to act on it. She didn 't see a problem with the voters having three options . Nancy Snow stated that she had strong feelings about placing a matter on the ballot that would kill the first one . She was nervous about a committee of eight people telling people how to vote . Gretchen Cerveny asked what would happen if Council chose to put the third option on the ballot and all three passed . She also commented that having the mayor as a part of Council would probably benefit Wheat Ridge in the long run . Moe Keller suggested that the ordinance could stipulate that the third option would only take effect if the other two failed. She expressed concern about going to the voters so many times to change the charter . Gretchen Cerveny commented that if Council chose to put the third item on the ballot , it would have to be specifically worded by the City attorney . Carl Neu agreed that the City attorney would have to word it to eliminate conflict that could occur with one or the other passing at the same time . Larry Schulz commented that his first concern was whether the committee agreed that the option would be a realistic improvement to City government to be included in the report to Council. The decision to place it on the ballot would be up to City Council. Gretchen Cerveny commented that the charter states that there should be adequate representation for the people. One of the committee 's criteria is that it is important for citizens to be represented and Council to have access to the manager without going through the mayor when a citizen calls with a problem . It was moved by Cheryl Wise and seconded by Moe Keller that the committee recommend to City Council that Wheat Ridge keep operating under the Council/manager form of government with a proposed charter change to continue to have the mayor elected at large but as a full member of Council with full voting privileges and no veto authority. Nancy Snow commented that she believed the purpose of the formation of the committee was to kill the current proposals to change the form of City government. She didn 't like the idea of forming a committee to get a certain result and would therefore vote against the motion . Larry Schulz assured the comm ittee that that he has looked at the issues very objectively and not from a standpoint of personal differences . He stated that he believed the committee has done a good job in looking at other forms of government and how other communities have resolved issues as well as what CEC Minu tes July 28, 20 10 - 5 - prevailing practices are in most communities . He stated his belief that the City would benefit from having the mayor as a voting member of Council. Cheryl Wise stated that while she does not reside in Wheat Ridge , her business is located in Wheat Ridge and she is more concerned about how the government affects her business than she is about the City government where she lives . She commented that citizens should be comfortable relying on their elected officials to make decisions . The elected officials made a decision to put this committee together. She stated that she didn't know what prompted formation of the committee. She believed she was chosen because many people know her background of being candid, straight-forward, honest , fairly opinionated and won't be bullied . No one told her to serve on the committee to kill the proposals . She also commented that the proponents of the initiative have been disingenuous to say nothing is broken because you don 't ask for change if something isn 't broken. She believed it is disrespectful for the mayor not to have the same voting privileges as other members of Council. She commented that Wheat Ridge has suffered from not keeping pace with other communities . Since we have become a litigious society , it is necessary to have professional staff in place who are knowledgeable and keep up with about federal regulations to keep the City out of the court system. She believed the citizens deserve equal time with the proponents of the proposal to give the other side of the story . Amy Sherman stated that one of her biggest fears about serving on the committee was that she might be lobbied by one side or the other. Like Cheryl , she did not feel she was asked to serve in order to kill a bill. She also commented that serving on the committee proved to be very educational. She stated her comfort with the motion as a good compromise and solution to the problem of a divided Council. Ralph Mancinelli stated that he objectively considered the evaluation criteria and wrote out his answers to each and gave copies to members of the committee. He concluded that going back to the former type of government before 1996 was not the answer and that it is necessary to step into the future. He supported the motion because the mayor should have the right to vote with the Council and any differences would have to be worked out on the Council. He commented that a problem exists or the committee would not have been formed . Gretchen Cerveny commented that she could see Nancy 's point about the committee being formed after the initiative . She stated that she believed that allowing the mayor to vote on Council gives more respect to the position and that, under the Council/manager form of government, it is easier to fire an ineffective manager. She indicated her support of the motion, however she would have suggested that the Council may want to consider this at another time . CEC Minutes Jul y 28, 20 I 0 -6 - Moe Keller commented that she felt the committee would be remiss if it didn 't look at another form of government in addition to the forms that were presented for evaluation . Ron Abo stated that, as a citizen , he came to the committee without a lot of knowledge about City government. He expressed appreciation for the education he received from dialogue during the meetings. He believed it was important to keep an open mind during the process . He stated that he would support the motion because it was a unique idea that came out of the committee 's deliberation . It was moved by Nancy Snow that the committee issue the report listing the advantages and disadvantages of all the different forms of government studied, and with an absolute proviso that no one in the City is allowed to use any portion of it, unless they use all of it, in any campaigning for or against the proposals. The substitute motion died for lack of a second. Cheryl Wise commended Nancy Snow for having the character and courage to take a dissenting position as it shows respect for the process . Nancy Snow offered an amendment to the main motion that the other form of government be considered at some time in the future preferably after the coming election. The motion died for lack of a second. It was moved by Gretchen Cerveny and seconded by Nancy Snow to postpone the vote on Cheryl's motion until the next meeting after the committee has received the final report. The motion failed with 2 in favor and 6 opposed. Larry Schulz stated that time is of the essence and expressed concern that delaying the vote would portray the committee as "wishy washy ." He didn't know what further research could be done that would impact the recommendation . A vote was taken on the original motion proposed by Cheryl Wise. The motion carried 7 in favor and 1 opposed. Other Business There was no other business to come before the committee. Minutes It was moved by Ralph Mancinelli and seconded by Amy Sherman to accept the minutes of July 21, 2010 . The motion passed unanimously. CEC M inutes J ul y 28, 20 I 0 -7 - Public Comment -10 minutes There were no members of the public who wished to comment at this time . Next meeting The next meeting is scheduled for August 4, 2010 from 5:00 p .m . to 8 :00 p .m . Ron Abo and Amy Sherman informed the committee that they would be unable to attend the meeting of August 4 . Adjournment It was moved by Ralph Mancinelli and seconded by Amy Sherman to adjourn the meeting at 8:00 p.m. The motion passed unanimously. CEC Minutes Jul y 2 8, 2 010 - 8 - August 9, 2010 REPORT OF THE WHEAT RIDGE CITIZEN'S EXPLORATORY COMMITTEE REGARDING FORMS OF MUNICIPAL GOVERNMENT The Committee, created by Resolutions 24, 26 and 35 of the Wheat Ridge City Council (See Appendix 1), was directed to study the effectiveness and efficiency of the current Council-Manager form of government used in Wheat Ridge along with other forms of widely-utilized city governments, and to make subsequent recommendations to the City Council on each form studied. The Committee met regularly from June 9 , 2010 through August 4 ,2010. Meeting minutes are available from the City Clerk's Office and on the City website. Committee members received and examined both written and visual information on the various forms of municipal government, the Wheat Ridge City Charter, and an overview of the history, evolution and forms of municipal government utilized within Colorado prepared by Sarn Marnet, Executive Director of the Colorado Municipal League . Copies of this information are included in Committee Meeting Minutes and are available from the City Clerk 's office. There are essentially five forms of municipal government utilized in the United States today. These forms are shown in Figure 1. Figure 1: Forms of Municipal Government • Strong Mayor-Council (Similar to federal-state model) • Mayor-Council • Council-Manager • Commission • Town Meeting , Commission and Town Meeting forms of government typically are applicable to very small communities or situations much different from those in Wheat Ridge . Prior to beginning its examination of the remaining forms of municipal government, the Committee prepared a set of criteria or "value statements" it felt reflects tbe historical desires of the voters of Wheat Ridge regarding the Attachment 2 performance of ilS municipal government. These criteria were used to eva lu ate each form as to its potential advantages and disadvantages for Wheal Ridge . Figure 2: Criteria for Evaluation of Forms of Government To what degree does this form of government promote: 1. Adequate representation and participation of citizens and the effective implementation of Council adopted policies? 2 . The creation and achievement of a citizen-driven vision for the future of the city? 3. Council members' authority and ability to represent citizens and voice, deal with, and ensure a response to, citizen concerns? 4. Opportunities for appropriate individual council member contact with city staff members? 5. Clarification of the roles and powers of mayor, council, manager/administrator, staff and citizens in determining budgets (operating and capital budgets)? 6. Open, honest and candid communications between administration (staff) and elected officials? 7. Transparency and access to public information? 8. High staff morale, professionalism, and productivity achieved through demonstrated public and council support for staff and the staff's protection from undue political influence and the agendas of individual elected officials? 9. Effective, efficient and prudent management of all city operations and use of city revenues and resources? 10. Responsible economic development and redevelopment supporting the city's economic vitality? 11. Strong community and regional leadership and intergovernmental collaboration? Wheat Ridge CEC R eport on Forms of Government August 9, 2010 2 The Committee chose to study the following three forms: • "Strong" Mayor-Council • Mayor-Council • Council-Manager The "Strong" Mayor-Council form is modeled after the structure of the federal government with a distinct and complete separation of powers and functions of the executive, legislative and judicial branches of government. The primary components of this form are shown in Figure 3. Figure 3: "Stron " Mayor-Council Mayor City Council Chief Executive Legislature • Not a member of council • Elects own presiding officer • Does not preside at or • Sets council agenda participate in council meetings • Approves city budget • Proposes city budget • Mayor veto overrides authority. • Appoints department directors • Elected by voters • Veto authority The "Strong" Mayor-Council form generally exists in cities with large populations (over 250,000), large city councils, high community diversity and partisan influence over municipal affairs. A fact sheet on form of government in cities by population range is included as Appendix 3. The Committee concluded that the "Strong" Mayor-Council form, if adopted, in Wheat Ridge would not be in the community's best interest and would require an extensive rewrite of the City Charter. The City of Denver is the only Colorado city with this form of municipal government. The two principal forms of municipal government widely utilized in Colorado, and the United States, are the mayor-council and the council-manager forms . Of these, the council-manager form is the most widely used especiaUy in communities similar in size to Wheat Ridge. Figure 4 shows data supplied by the Colorado Municipal League for the five home-rule cities most similar in size to Wheat Ridge. All five cities shown in Figure 4 have the council-manager form of government. Wheat Ridge CEC Report on Forms of Government August 9,2010 3 Figure 4: Mayor information How the Mayor Mayor City Manager Mayor is votes has veto is selected by City: elected : power Brighton at large as a member No 2/3 majority of council vote of entire council Commerce at large as a member No Majority vote City of council of entire council Englewood by council as a member No Appointed by of council council Littleton by council as a member No Appointed by of council council Northglenn at large as a member No Appointed by of council council A comparison of the mayor-council and council-manager forms is shown in Figure 5. It should be noted that in some communities, the mayor-council form also includes a city administrator, chosen and directed by the mayor, to assist the mayor in the professional administration of city operations . When Wheat Ridge incorporated in 1969, the city operated under the authority of state statutes. In 1978, Wheat Ridge became a Horne-Rule City when a City Charter was adopted . Between 1978 and 1996, the city operated under the mayor-council form of government. In 1996, voters amended the City Charter adopting a modified versinn of the council-manager form whereby the mayor currently: • is not a member of the city council. • shall vote in the case of a tie vote by the city council, except upon adoption or amendment of the budget. • cannot vote except in the circumstance mentioned above • has veto authority over council-adopted ordinances, but not over resolutions . • has no administrative authority. These features mentioned above usually are not present in the typical council- manager form in which the mayor is a voting member of city council and has no administrative or veto authority. Wheat Ridge CEC Report on Forms of Government August 9, 2010 4 Figure 5. ADV ANT AGES AND DISADV ANT AGES OF THE MA YOR-COUNCIL (MA YOR-ADMINISTRATOR-COUNCIL) AND COUNCIL-MANAGER FORMS MA YOR-COUNCIL (MA YOR-ADMINISTRA TOR- COUNCIL) FORM I. What are the major characteristics of the mayor-council (mayor- administrator-council) form of government? The basic mayor-council form consists of an elected mayor (elected at- large), who serves as the city's chief executive (administrativc) officer. The council (elected either at -large or from districts) serves as thc municipality's legislative body. The council has the authority to formulate and adopt city policies and the mayor is responsible for carrying them oul. The mayor attends and prcsides over council meetings. However, the mayor is not a member of the council and only can vote in the case of a tied council votc .. Because o f there two features, this fornl is not a full separation of powers as practiced in federal and state government. The mayor usually has veto power. A growing number of mayor-council cities have added a professional pos ition of city administrator or chief administrative officer. The city administrator usually is selected by and serves under thc mayor and assists with the mayor's administrative and policy-related responsibilities. In theory, the appointment of a city administrator frees the mayor from the daily need to attend to administrative details and allows the mayor to focus greater attention on policy development and political leadership roles. It is important to note that the mayor-council and mayor-council- administrator forms are in reality "mayor-administraIed" forms of government. In both cases, the executive authority over the city's administration and accountability for its performance reside solely and fully with the mayor. Wheat Ridge CEC Report on Forms of Government August 9, 20 to 5 2. Mayor-CounciVMayor-Administrator-Council Form: Advantages and Disadvantages. ADVANTAGES DISADVANTAGES Clear separation of executive authority Potential for less interaction between from and accountability to the council and administration. legislative branch .. Mayor is elected separately -close to Can give too much power to one voters. person. Mayor can continue daily operations of The perceived "checks and balances" city if council is divided or between mayor and council can be dysfunctional. diminished. Mayor is accountable to voters. Implementation of council adopted policies may depend upon mayor's personal agenda. Mayor can bring strong leadership and If mayor is incompetent or abu ses the managements skills to the city's office, the only option for removal is a administration. recall election. Mayor with an administrator can Mayor has ability to divert revenues provide effective, efficient and prudent and resources to his/her pet projects management of city operations. and restrict flow of information to the council. Administrator works for the mayor. Mayor can provide strong community Mayor may show little interest in and regional leadership and regional leadership or intergovernmental collaboration. intergovernmental collaboration. High staff morale, professionalism, and Potential for undue political influence productivity when strong pubhc support depending upon political influence exists for the mayor. brought upon mayor by various interest groups andlor the mayor's personal interests and heliefs. Wheat Ridge CEC Report on Forms of Government August 9,2010 6 Mayor can be strong advocate for Successful economic deve lopment and responsible economic development and redevelopment is dependent upon goo d red eve lo pme nt which are paramount to negotiations and compromise - a a city's economic vitali ty . si ngle-min ded individual can hamper this effort. Mayo r can work in a stron g partners hip M ayo r may re s is t reque sts from with council. council and i solate s taff by controlling access to information hamperin g abi lit y of co un ci l to represent citizens. COUNC~-MANAGERFORM 1. What are the major characteristics of the council-manager form of government? The co uncil -manager form consists of an elected ci t y council which is responsible for policy making, and a professional city manager, appointed by the council, who is responsible for administration. The ci ty manager provides policy advice, direct s th e d aily ope rati o ns of ci ty government, handles personnel functions (includin g the power to appoi nt and rem ove employees) and is responsible for prep ara ti o n of a budget. Under the council-manager form, the city council is prohibited from int e rferin g with the manager's administration . The city manage r, h owever, is directly accountable to , and can be rem oved by the council at any time. The mayor in council-manager cities may be elected at large by the voters or selected by the city council from among its members. The mayor presides at council meetings and is recognized as the head of the city for ceremonial purposes, but has no regular administrative duties or veto power. As noted earlier in this report, the Wheat Ridge Mayor currently: • is not a member of the city council, • shall vote in the case of a tie vote by the city co uncil excep t upon adoption or amendment to the bud ge t. • cannot note except in the circumstance mentioned above . Whe at Ridge CEC Report on Forms of Government August 9, 20 I 0 7 • has veto authority over council-adopted ordinances, but not over resolutions . • has no administrative authority. 2. Council-Manager Form: Advantages and Disadvantages. ADVANTAGES DISADVANTAGES Provides effective implementation of Can allow city manager too much council policies and management of city power to pursue own agenda. If this operations by a paid, trained, non -happens , council can rein in or fue the partisan, experienced professional. city manager which is an advantage of the council-manager form. Ability for council to work with city City manager can be more manager to work on ci tizen concerns sophisticated than the "layman" and promote citizen involvement and councilors and unduly inlluence participation in civic matters. council. Entire council participates in the city Council may nol be educated/ manager selection process. knowledgeable in hiring and performance evaluation practices. All council members have the Potential for city manager to ignore opportunity to communicate and work council concerns and desires . with city manager. Most city managers participate in May be difficult for some councils to profes s ional associations, training on identify city managcr job performance best management practices, and are issues and address these issues subject to the International Ci ty/County collectively in a timely manner. Management Association (ICMA) Code of Ethics . Tills should be a criterion for manager se lec tion . City manager's tenure depends upon Councils may leave too much decision - maintaining the confidence and support making discretion to the city manager of council-the city manager must and provide insufficient oversight of represent and support council's goals. manager's commitment to council's goals. Wheat Ridge CEC Report on Forms of Government August 9, 2010 8 Council-manager form a ll ows for better The form relies up o n a highly- c hecks and balances especially in productive relationship and mutual budget preparation. respect of council and manager [or each o th er. Council-manager form allows for more City manager-led c iti es may hone s t, open and candid communication reduce/abdicate c iti ze n involvement, with city manager and staff. input and participati o n in city gove rnment. City manager's success depends up on Possibility department heads are maintaining high st aff morale, censored and have limited oppo rtun ity professionalism and produc tivity and to present bud getary and other needs to protecting s taff from political influen ce. counci l. City manager wo rkin g with the mayor To the exten t the c it y manager and the can support strong community mayor o r c ou ncil do no t work to ge th er leaders hi p and coopera tively, th e ci ty's goals can regionallintergovernmental suffer. collaboration and economic development and redevelopment. Thi s form cmphasizes th e role and Council may abdicate its role and le ave a uthority of coun c il in it s decision making to the city managcr rcp rese n ta tion al and policy making and s tafr o n p oli cy matters. functions. City manager is subject to a City council may not conduct performance evaluation by the entire regularly-sc heduled performance city council and can be removed by evaluations of the city manager. council [or poor performance and incompetence. While the information presented in Figure 5 is not an exhaustive analysis of th e mayor- council (mayor-council-administrator) and co un c il -manager form s, it represents a summ ary of the Committee 's discussions. In the final analysis, the Committee believes the effectiveness , efficiency, and the quality of representation, professional administration of city operations, and services provided have less to do with the form of government than with the commitment, Wheat Ridge CEC Report on Forms of Government August 9, 20 10 9 competence, character, beliefs, and motives of those occupying the elected and appointed official positions within the city. Structure or form, however, can offer certain safeguards and advantages. For example , an incompetent city manager can be fued by council for lack of performance or failure to implement council goals and policies . Under the mayor-council form , the mayor cannot be fired for incompetence or failure to implement or abide by council-adopted policies . Recall is the only recourse . In both models, the role and performance of all elected officials is vitally important. For example, in the mayor-council form, it is important for the mayor as chief executive officer to be knowledgeable about and to be able to implement best management practices essential to effective and efficient performance in municipal operations. But the role of an effective, involved mayor should include more than just that of chief executive officer. It sbould also include outreach to and active participation in regional leadership and productive intergovernmental agreements and relationships . In the council-manager form, the mayor should be a skilled facilitator in promoting effective council performance and sustaining a strong council-city manager working partnership . Council members also must provide clear policy leadership and direction to the city manager and be able to conduct a fully effective performance evaluation of tbe city manager 's performance in achieving the implementation of council policies . Each form can achieve the advantages sbown in Figure 5. But each also can become vulnerable to realizing the disadvantages shown. Should the voters of Wheat Ridge choose to change the City's form of government, it is important to consider what form will best position the City to meet future challenges and opportunities while preserving tbe key principles its citizens value for their community and in its government. COMMITTEE RECOMMENDATIONS TO THE CITY COUNCIL After lengthy discussion, a motion was made and passed to recommend to the Wheat Ridge City Council that the City keep operating under the Council-Manager form of government with a proposed City Charter amendment providing for the mayor to continue being elected at large but as a member of city council with full voting privileges and no veto or executive authority. Rationale: • After careful analysis of the various forms of government, including tbe current version of the council-manager form in Wheat Ridge, the above recommendation seems to best fit the community especially when evaluated against the eleven criteria listed in Figure 2. Wheat Ridge CEC Report on Forms of Government August 9, 2010 10 • The changes recommended provide a city government which focuses strongly o n citizen representation though nine elected officials without excessive power being given to just one elected official not accountable to city council. • City Council has the ability to work closely with the city manager and can address performance issues directly without having to resort to extreme measures such as a recall election. • The recommended changes incorporate the mayor fully into the city's governance process as a member of council. This promotes the potential for a highly productive administration -council working relationship . It also minimizes prospects for conflicts inherent in a form of government that separates the functions of the council and mayor into potentially competing interests. If the council chooses to pursue implementing the Committee's recommendations, it is best to have the City Attorney advise council on preparing a council -initiated city charter amendment. Wheat Ridge CEC Report on Fonns of Government August 9, 2010 II CIlY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 2( Series of 201 0 TITLE: A RESOLUTION CREATING THE CITIZEN'S EXPLORATORY COMMrrrEE (CEC) FOR THE PURPOSE OF PUBUC EDUCATION AND DEBATE REGARDING THE EFFECTIVENESS AND EFFICIENCY OF VARIOUS FORMS OF CITY GOVERNMENT Appendix I WHEREAS, a major change In governmental structure Is a complex Issue. 1lma and effort are needed to stWy the type and scope of any proposed changes; and WHEREAS, structural changes to City government should be made very openly with care and debate. and all options should be considered and debated; and WHEREAS, the City Counc1l1s committed to transparent. effective. and efficient government and WHEREAS, th6 City Council believes it is in the best Interests of the citizens to form a committee of citizens and civic leadeft' to study the effidency of our curre nt form of government; NOW THEREFORE BE IT RESOLVEO bylhe City CouncM althe City afWheal Ridge, Colorado, as follows: A CITIZEN'S EXPLORATORY COMMITTEE IS HEREBY FORMED TO STUOY THE EFFECTIVENESS AND EFACIENCY OF THE COUNCIL-MANAGER FORM OF GOVERNMENT AND OTHER FORMS OF CITY GOVERNMENT WITH THE FOLLOWING CONDmONS: 1. The COITlTlJttee will make recommendations to the City Council on each form of government studied. 2. The committee will report Its findings to the City Council by July 14, 2010. 3. An IrKtependent advisor wlll be selected to facilitate the meetings . 4. 11le OffICe of the Ctty Manger wfll provide staffing to record minutes of committee meetings, broadcast committee meetings on ChannelS, and create 8 committee web page on the Ctty's website. 5. All necessary funding shall be taken out of general govemment..{eglstative services and/or Office of City Manager budget acoounts. 6. TIle committee shall oonstst of the following citizens and civic leaders : 8. State Senator Maryanne -Moe-Keller b. Formor State Repmsentatlve Cheri Jahn c. Amy Sherman, President & CEO. West Chamber d. Cheryl Wise. Wheat Ridge Business Owner e. larry Schulz, Wheat RIdge Treasurer Wheat Ridge CEC Report on Forms of Government August 9, 2010 12 TITLE : CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 26 Series of 2010 A RESOLUTION AMENDING RESOLUTION NO. ~ SERIES 2010 CREATING THE CITIZEN'S EXPLORATORY COMMITTEE (CEC) FOR THE PURPOSE OF PUBLIC EDUCATION AND DEBATE REGARDING THE EFFECTIVENESS AND EFFICIENCY OF VARIOUS FORMS OF CITY GOVERNMENT WHEREAS , on May 24 , 2010 , the City Council adopted Resolution No. 24 , Series 2010, creating a Citizen's Exploratory Committee ; and WHEREAS , the City council wishes to amend said Resolution to expand the membership. duties and scope of the Committee ; and WHEREAS, the Wheat Ridge Home Rule Charter (the ~Charter1 defines the governmental structure in the City of Wheat Ridge , and WHEREAS , the recitals contained in Resolution No .~ Series 2010 , are incorporated by this reference . NOW THEREFORE BE IT RESOLVED by the City Council 01 the City 01 Wheat Ridge, Colorad o, as follows : The opera tive sections of Resolution No. 24 Series 2010 are hereby amended to read in their entirety as follows, wit h new material in bold face type: A CITIZEN'S E XPLORATORY COMMITTEE IS HEREBY FORMED TO STUDY THE EFFEC TI VENESS AND EFFICIENCY OF THE COUNCIL-MANAGER FORM OF GOVER NMENT. OTH ER FORMS OF C ITY GOVERNMENT AND THE ASSOCIATED WHEAT RIDGE CITY CHARTER ISSUES . WITH THE FOLLOWIN G CONDITIONS : 1. The committee will make recommendations to the City Council on each form of government studied . 2 . The committee will report its findings on forms of government to the City Council by July 14 , 2010 . 3 . An independent advisor wilt be selected to facilitate the meetings. 4 . The Office of the City Manger wilJ provide staffing to record minutes of committee meetings , broadcast committee meetings on Channel 8, and create a committee web page on the Ci ty's website . 5 . All necessary funding shall be taken out of general government-legislative services andlor Office of City Manager budget accounts . 6 . The commi tt ee shalt consis t of the following ci ti zens and civic leaders : Wheat Ridge CEC Report on Forms of Government 14 August 9, 2010 Appendix 2 MEMBERS OF THE CITIZEN'S EXPLORATORY COMMITTEE (CEC) Ron Abo, Community Member Co-chair Cheryl Wise, Business Representative Co-chair Larry Schulz, Elected Official Representative Amy Sherman, Regional Representative Moe Keller, State Senator Gretchen Cerveny, ResidentfFormer Mayor Ralph Mancinelli, ResidentfFormer Council Member Nancy Snow, ResidentfFormer Council Member Wheal Ri dge CEC R e po rl o n Forms of Gove rnm e nt A ug USl 9,20 10 17 FACT SHEET City-Council Form of Government (Started in 1908 ) • Most popular form of municipal government in the U .S. for cities be tw een 5,000 and 250,000 residents (54 %) • Track record for Co unci l-Man ager Form (lCMA data) • Over 50% of cities with AAA bond rating (2003) • 60 % of A ll A me rican Citi es (2004) • 83 % of Top-10 cities in four population categories recognized for "best use of techno logy" to imprnve operati ons and service delivery . • CM, MC Form fnr Specific Population Ran ges Appendi x : • For cities with population between 25,000 and 49,999, Co uncil -Manager (63 %), Mayo r- Council (32 %) • Mayor-Council model mo st prevalent in small cities -less than 5000 (55 %) and larger cities with population s over 250,000 : o 2048 cities: 500-4 ,999 (55 %) o 36 cities : 250,000 -499,999 (50 %) o 23 cities: 500,000 -1,000,000 (65 %) o 9 cities: Ov er 1,000,000 (67 %) • % o f Cities with CM vs. MC Form by Popu l ation Range (2009) Popu lation 500-4,999 38 % 55 % 7 % 5,000-9,999 47 % 44 % 9 % 10,000-24,999 53 % 38 % 9 % 25 ,000-49,999 63 % 32 % 5% 50,000-99,999 64 % 33 % 3 % 100 ,000-249,999 65 % 33 % 2 % 250,000-499,999 47 % 50% 3 % 500 ,000 -1,000,000 30 % 65 % 5% Over 1,000,000 33 % 67 % 1 % * Commission, T ru stee, Town Meeting, Hybrid o r Statistical/Reporting error. • 70.7 % of U.S. cities (5109) are within the population range of 5000 -249,999. Total number of U.S. cities in 7,225 . (2009 ) 4,517 (62 .5 %) of U.S. cities are within the population range of 5,000-49 ,999. Wheat Ridge CEC Report on Forms of Government Augusl9,2010 18 Council Action Form August 9 , 2010 Page 2 PRIOR ACTION: The City renews the IGA with Jefferson County Public Health annually. FINANCIAL IMPACT: Jefferson County and the City of Wheat Ridge share the expense for mosquito control equally. Total cost for full prevention and control services in Wheat Ridge for the period of June 7th through September 3rd , 2010 is $12,380. Wheat Ridge's portion of this expense is $6 ,190. If services are required before June 7th an additional amount of$401.50 per week, to a maximum of $1,204.50, will be billed to the City of Wheat Ridge . If services are required after September 3rd an additional amount of $401 .50 per week, to a maximum of $803 , will be billed to the City of Wheat Ridge. Funds have been budgeted and are available in the Central Charges Division of the General Fund. An alternative would be for the City to coordinate its own prevention and control program. While this is an option, it would be neither cost effective nor an effective countywide operation. In addition, the City would be responsible for identifying and mapping the affected areas , outreach and information to all residents and for applying any necessary larvicides and insecticides. BACKGROUND: Mosquito season is generally May through September in Colorado with peak activity months being July and August. JCDH E will be working with OtterTail Environmental to control the mosquito species that can carry West Nile Virus. OtterTail Environmental will provide IMM services which include identification and classification of mosquito breeding habitat, surveillance of adult and larval mosquitoes , larval mosquito control (application of larvicides , source reduction , and /or biologic controls), and public education and outreach. Adulticiding -the killing of adult mosquitoes through aerial sprays and fogging -is not anticipated but the contractor shall maintain the capabilities to implement , manage , and provide properly trained staff and supervisors to conduct adulticiding if requested by JCDHE to do so. The proposed contract amount does not include the cost for adulticiding. RECOMMENDED MOTION: "I move to approve Resolution No. 39-20 I 0, a resolution approving an Intergovernmental Agreement between the Jefferson County Department of Public Health and the City of Wheat Ridge for Cooperative Mosquito Management Program in an amount not-to-exceed $8 ,197 .50." Or, "I move to table indefinitely Resolution No . 39 -2010. a resolution approving an Intergovernmental Agreement between the Jefferson County Department of Public Health and the City of Wheat Ridge for Cooperative Mosquito Management Program in an amount not-to - exceed $8 ,197 .50 , for the following reason(s) " Council Action Form August 9 , 2010 Page 3 REPORT PREPARED BY: Heather Geyer, Interim Administrative Services Director ATTACHMENTS: 1. Resolution No. 39-2010 2. IGA with Jefferson County Department Public Health CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39 Series of 201 0 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE JEFFERSON COUNTY DEPARTMENT OF HEALTH AND ENVIRONMENT AND THE CITY OF WHEAT RIDGE FOR COOPERATIVE MOSQUITO MANAGEMENT PROGRAM IN AN AMOUNT NOT-TO-EXCEED $8,197.50 WHEREAS, the intergovernmental agreements between political subdivisions of the State of Colorado are authorized by C.R.S . § 29 -1-205; and WHEREAS, Jefferson County will permit and encourage governments to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governments ; and WHEREAS, in order to effectively deal with the continuing threat of mosquito borne transmission of West Nile Virus , the Jefferson County Department of Health and Environment has contracted with OtterTail Environmental for integrated mosquito management (IMM) service within Jefferson County, Colorado, during the year 2010; and WHEREAS, the agreement with the Jefferson County Department of Health and Environment will help slow the spread and impact of the West Nile Virus ; and WHEREAS, initial cost for prevention services will not exceed $8 ,197 .50. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE THAT: 1. The City of Wheat Ridge desires to be a party to the Intergovernmental Agreement coordinating mosquito control activities. 2 . The Mayor and City Clerk are hereby authorized and empowered to execute the Intergovernmental Agreement on behalf of the City of Wheat Ridge . DONE AND RESOLVED at a meeting of the City Council of the City of Wheat Ridge , Colorado on the day of ,2010 . Jerry DiTullio , Mayor ATTEST : Attachment 1 Michael Snow, City Clerk INTERGOVERNMENTAL AGREEMENT FOR INTEGRATED MOSQUITO MANAGEMENT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into and effective as of th e _ day of ,2010 , between JEFFERSON COUNTY PUBLIC HEALTH , whose address is 1801 191h Street, Go ld en , CO 80401 , he reinafte r referred to as the "Health Department"; a nd th e CITY OF WHEAT RIDGE , a municipal corpo rati on of the State of Co lorado, with its principal offi ce located at 7500 W. 29 th Avenue, Wheat Ridge, CO, hereinafter referred to as "Wheat Ridge." WITNESSETH: WHEREAS, the primary objec ti ve of public hea lth mosquito co ntro l is to prevent the mosquito- borne transmission of diseases to hum a ns, livestock , a nd dom estic pets, and WHEREAS , i n orde r to effective ly deal wi th the continui ng threat of mosquito-borne transm ission of West Nile Vi ru s and other a rbovi ral diseases , the Health Department has contracted wi th OtterTai l Environmental, In c., ("Otte rT a il ") to prov ide Integ rated Mosqu it o Management ("IMM ") services withi n ce rt ain areas of Jefferson County , Co lorado during the year 2010 , and WHEREAS , th ese services shall be provided t o Jefferson Co unty and various municipalities within Jefferson County , and WHEREAS, said IMM services are detailed in a document e ntitl ed PURCHASE OF S ER V IC ES AGREEMENT, sign ed May 7 , 2010 and approved by th e Boa rd of Health on Ap ril 20, 20 10 ; a copy of w hi ch is attac hed here to a nd in co rp orated he rein as Attachment A , and WHEREAS , the C it y of W hea t Ridge wi ll benefit from the IMM services as detai led in Attachment A for an area of approximately 9.6 square mil es loca ted w ithin the boundaries of Wheat Ridge , and WHEREAS, th e pa rt ies now des ire to enter into this Int e rg overnmenta l Agreement so as to memorialize th ei r ag reement wit h respec t to th ei r respective responsibi lit ies regarding the provision of and payment for such IMM serv ices w ith in Wheat Ridge 's boundaries . NOW, THEREFORE , in co nside rati on of th e mutual promises and covenan ts con tai n ed herein, th e parties he reto agree as follows : 1. HEALTH DEPARTMENT RESPONSIBILITIES: Upon the signing of this Intergovernmenta l Ag ree m e nt by the parti es he reto, th e Hea lth Department will dire ct OtterTail , during th e year 2010, to perform the IMM serv ices se t forth in Attachment A for an area of app ro ximately 9.6 square miles located within th e boundary of Wheat Ridg e. The services and serv ice fee do not in c lude adulticide services. The Hea lth Department will monitor th e need for ad ulti ciding a nd w ill adv ise the County and all participating municipalities if a n ad ulti c ide progra m is reco mm e nd ed a nd approved by the Bo a rd o f Hea lth and Bo ard of County Co mmissio n ers. 2. WHEAT RIDGE RESPONSIBILITIES: Wheat Ridge shall de s ign ate a point of contact for communication w ith the Heal th Depa rtm ent; refe r c itizen complaints to OtterTail; coo rdinate with th e Hea lth Department o n IMM serv ices or co nce rn s; and advise the Hea lt h Department, by re po rt , of the IMM services , if any, conducted o r directed by Wheat Ridge. Th e IMM service repo rts s ha ll be submitte d o n a monthly basis on or before the 5th of th e month effective July 20 10 a nd e nding October 20 10 . Th e monthly IMM serv ice repo rt , with th e notation "re: West Nil e IGA Re port", shall be se nt to Jefferson Co unty Public Heal th , 1801 19th Street , Golde n Co lo rado 80401. 3. MONITORING THE PROVISION OF IMM SERVICES: Staff fro m th e Health Department wi ll Page I of3 Attachment 2 monitor the work of OtterTail in Wheat Ridge to ensure that the IMM se rvi ce s detail e d in Paragraph 1 and 2 above are fulfilled . The Health Department will be res pon sibl e for coordinating between OtterTail and Wheat Ridge for the delivery of IMM servi c es detailed in Attachment A. As needed, the Health Department will provide Wheat Ridge with public education information and periodic reports regarding the status of mosquito-borne diseases and vector control. Questions regarding the Health Department's IMM services shall be addressed to Dr. James Dale, Jefferson County Public Health, 1801 19th Street, Golden , Colorado , 80401; PHONE: 303-271-5718; FAX: 303-271-5702; EMAIL: jd a le @ jeffco .u s . 4. PAYMENT OF WHEAT RIDGE IMM SERVICE FEE: The 2010 scope of work for IMM services covers a contract period that runs from June 7 , 2010 through September 3 ,2010 ; this period starts later and ends earlier than in previous years. These dates were chosen based on the Health Department's analysis of mosquito populations and activity from the past several years. However, to account for unforeseen events such as unfavorable climatic conditions or mosquito activity, additional bids for conducting IMM services both earlier and later than the contract period were obtained. (a) Wheat Ridge agrees to reimburse the Health Department for part of the cost of IMM services benefiting the City of Wheat Ridge. Wheat Ridge agrees to pay to the Health Department the amount of $6,190.00 which is equal to 50 percent of the total Wheat Ridge IMM service fee of $12 ,380.00 for the contract period of June 7, 2010 through September 3 ,2010. (b) Should IMM services be deemed necessary by the Health Department and provided by OtterTail forthe period between May 17, 2010 and June 7, 2010 , Wheat Ridge agrees to pay to the Health Department $401.50 per week , which is equal to 50 percent of the weekly Wheat Ridge IMM service fee of $803.00 to reimburse the Health Department for Wheat Ridge 's share of those IMM services performed by OtterTail. These IMM services shall be provided at the discretion of the Health Department. Wheat Ridge's maximum payment for IMM services provided prior to June 7, 2010 shall not exceed $1,204.50. (c) Should IMM services be deemed necessary by the Health Department and provided by OtterTail for the period between September 3, 2010 and September 17, 2010, Wheat Ridge agrees to pay to the Health Department $401 .50 per week , which is equal to 50 percent of the weekly Wheat Ridge IMM service fee of $803.00 to reimburse the Health Department for Wheat Ridge's share of those IMM services performed by OtterTail. These IMM services shall be provided at the discretion of the Health Department. Wheat Ridge 's maximum payment for IMM services provided after September 3, 2010 shall not exceed $803.00. Total payment from Wheat Ridge for all 2010 IMM services shall not exceed $8 ,197.50. The Health Department shall present two invoices to Wheat Ridge for 2010 IMM services; one for services performed through July 31, 2010 and one for services performed after August 1, 2010. Payment, with a notation "re: West Nile IGA", shall be sent to Jefferson County Public Health, 1801 19'h Street, Golden Colorado 80401. 5. PAYMENT OF UNICORPORATED JEFFERSON COUNTY IMM SERVICE FEE: The Health Department will pay for and direct OtterTail to perform the IMM services as set forth in Attachment A located within unincorporated Jefferson County. 6. TERM: The term of this Intergovernmental Agreement shall be from the date of signature by the last party hereunder to and until December 31,2010. 7. LIABILITY INSURANCE COVERAGEIINDEMNITYIWARRANTY: As described in Paragraphs 11 and 12 of the PURCHASE OF SERVICES AGREEMENT, OtterTail shall maintain liability insurance coverage and will hereby indemnify and hold the Health Department and Wheat Ridge harmless from all claims, damages, loss, injury, cost and expense, including attorneys ' Page 2 of3 fees resulting from or related to any negligent or inte ntional acts or omissions of OtterTail , its agents, employees, subcontractors and consultants, in its perform a nc e of the agreement. A copy of OtterTail 's Certificate of Liability Insurance is provided as Attachment B. 8. NO GUARANTEE BY THE HEALTH DEPARTMENT: Wheat Ridge acknowledges th at although the objective of the IMM services to be performed within Wheat Ridge 's boundaries by OtterTail is to reduce the mosquito population and the consequent threat of transmission of West Nile Virus, the Health Department makes no guarantee as to the effectiveness of such IMM services in achieving such objective . 9. ENTIRE AGREEMENT: This writing constitutes the entire Intergovernmental Agreement between the parties hereto with respect to the subject matter herein , and shall be binding upon said parties, their officers , employees, agents and assigns and shall inure to the benefit of the respective survivo rs, heirs, personal representati ves, successors and assigns of said parties. 10. NO WAIVER OF IMMUNITY: No portion of this Intergovernmental Agreement shall be deemed to constitut e a waiver of any immunities the parties or their officers or employees may posses s, nor shall any portion of this Intergovernmental Agreement be deemed to have created a duty of care which did not previously exist with re spec t to any pe r so n not a party to this Intergovernmental Agreement. 11. NO THIRD PARTY BENEFICIARY ENFORCEMENT: It is expressly understood and ag reed that the enforcement of the terms and conditions of this Intergovernmental Agreement , and all rights of action relating to s uch enforcement, shall be strictly reserved to the undersigned parties and nothing in this Intergo ve rnmental Agreement shal l give or allow any claim or right of action whatsoever by any other person not included in this Intergovernmental Agreement. It is the express intention of the undersigned parties that any entity other than the undersigned parties receiving services or benefits under thi s Intergovernmental Agreement shall be an incidental beneficiary only. Signed by the parties the ______ da y of ________ , 2010. Jefferson County Public Health By : ____________ _ Secretary to the Board of Health By: -----.,------:-c-__ --- Presid e nt Board of Health ATTEST: CITY OF WHEAT RIDGE , a municipal corporation of the STATE OF COLORADO By: By: _____________ _ CityfTown Clerk Mayor APPROVED AS TO FORM : By : _____________ _ City Attorney Pa ge 3 o f3 ') i «, ·'.C , i (j PURCHASE OF SERVICES AGREEMENT +~ This PURCHASE OF SERVICES AGREEMENT ("Agreement") made this I day of -L~~L-__ " 2010, by and between Jefferson County Public Health (" JCI>H"), 180 I 19'h Street, olden, CO 80401 and OtterTail Environmental, Inc. ("Contractor"), whose address is 10200 W. 44'h Avenue, Suite 210, Wheat Ridge, CO 80033. WHEREAS, the Contractor has been selected to provide mosquito control services; and WHEREAS, JCPH wishes to retain the services of Contractor as an independent contractor and Contractor wishes to provide services to JCPH; and WHEREAS, JCPH has authority to acquire the services described in this Agreement under the provisions of § 25-1-506, el seq., C .R .S., as amended. NOW, THEREFORE, in consideration of the mutual covenants and agreements set fOlth hereinafter, JCPH and the Contractor agree as follows: I. SCOPE OF SERVICES The Contractor shall perform in a satisfactory and proper manner, as determined by JCPH, the services identified in the "Scope of Services, General Description and Specifications", attached to and incorporated in this Agreement by reference as Exhibit A. 2. TERM The term of this Agreement shall be May I, 2010 through December 31, 20 I O. 3. COMPENSATION The amount to be expended pursuant to this Agreement shall not exceed One Hundred Fifty-one Thousand Eight Hundred Ninety Eight dollars ($15\,898.00), which anlOunt shall constitute the contract amowlt for the Thirteen-week Larval Surveillance and Control Program and tbe Mosquito Trapping Program (as defined in Exhibit A). Such amount may be altered by mutual written consent of parties in the event either Early Season or Late Season Larval Surveillance and Control Programs (as defined in Exhibit A, at the price quoted by Contractor in its Bid) are deemed necessary by JCPH. a. JCPH will reimburse the Contractor on a monthly basis as services are provided, documented, and invoiced by Contractor. Contractor services will be documented in the form proscribed by JCPH and are subject to JCPH approval prior to authorization for payment. The final payment will be made only after the completion of all work by Contractor and acceptance by JCPH of all contract requirements. b. Contractor shall submit a monthly invoice and supporting required documentation to JCPH by the 5"1 of the following month of service. Failure to submit billing information in a timely manner and correct format shall resnlt in non-payment of invoice. Purchase of Services Agreement , OtterTail Environmental Page 2 of 8 c. Contractor shall be reimbursed within 14 day s after receipt and approval of the invoice. 4. WARRANTY a. Contractor warrants that all work performed hereunder shall be performed with the highest degree of competence and care in accordance with accepted standards for work of a similar nature and shall be of a quality acceptable to JCPH. b. Unless otherwise provided herein, all materials and equipment incorporated into any work shall be new and , where not specified , of the most suitable grade of their respective kinds for their intended use and JCPH's mission of protecting public health and the environment. 5 . NON APPROPRIATION The payment of JCPH's obligation s hereW1der in the fiscal year s sub sequent to the Agreement period is contin gent upon funds for this Agreement being appropriated and budgeted. If funds for this Agreement are not appropriated and budgeted in any year subsequ ent to th e fiscal year of the execution of this Agreement, this Agreement shall terminate. JCPH's fiscal year is the calendar year. 6. RECORDS, REPORTS, and INFORMATION At such times and in such forms as JCPH may require, Contractor shall furnish statements, records, reports, data and information pertaining to matters covered by this Agreement. The Contractor shall maintain its records in accordance with requirements prescribed by JCPH. Except as otherwise authorized by JCPH, Contractor shall maintain such records for a period of three (3) years after receipt of final payment under this Agreement. 7. AUDITS and INSPECTIONS At any time during normal business hours and as often as JCPH may deem necessary , Contractor shall make its records with respect to matters covered by this Agreement available for examination. Contractor sha ll permit JCPH to audit, examine, copy, and make excerpts from such records and audit all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to this Agreement. JCPH may call for a certified, independent audit to be performed, at Contractor's expense, by a mutually agreed upon auditor. 8 . INDEPENDENT CONTRACTOR a. The Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Contractor affirms that it has or will secure at its own expense all personnel and materials required to perform the services detailed in Exhibit A. Such personnel shall not be employees of nor have any contractual relationship with JCPH. Purchase of Services Agreement, OtterTail Environmental Page 30[8 b. Services required hereunder shall be performed by the Contractor or under its supervision, and all persormel engaged in the work shall be fully qualified and properly licensed or certified, as required by local, state and federal law or regulation to perform such services . Neither Contractor nor its personnel, if any, is entitled to Worker's Compensation Benefits or any other benefit of employment with Jefferson County, Colorado. Further, Contractor is obligated to pay federal and state income tax on any compensation paid pursuant to this Agreement. c. None of the services to be performed by Contractor under this Agreement shall be subcontracted or otherwise delegated without the prior written consent of the JCPH . The work subcontracted shall be specified in a written agreement between Contractor and its subcontractor(s), which agreement(s) shall be subject to each provision of this Agreement. 9. NON ASSIGNMENT The Contractor and subcontractor(s) hereto shall not assign or transfer any rights in this Agreement without the prior written consent of the JCPH. 11. OFFICIALS NOT TO BENEFIT No elected or employed member of JCPH shall directly or indirectly receive or be paid any share or part of this Agreement or any benefit that may arise therefor. Contractor warrants that it has not retained any company or person (other than a bona fide employee working solely for Contractor) to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay to any company or person, (other than a bona fide employee working [or Contractor), any fee, commission, percentage, brokerage fee, gift or any other consideration contingent upon or resulting from the award of this Agreement to Contractor. Upon learning of any breach or violation of this provision, JCPH shall have the right to terminate this Agreement with no further liability or Obligation for payment. 12. EOUAL EMPLOYMENT OPPORTUNITY Contractor shall not refuse to hire, discharge, promote, demote or discriminate in matters of compensation against any person otherwise qualified, SOlely because of race, creed, sex, color, national origin or ancestry, disability or age. 13. ILLEGAL ALIENS -PUBLIC CONTRACTS a. The Contractor (entity or sole proprietor) shall execute the certification attached hereto as ExhibitB, in conformance with the provisions of § 8-17.5-102(1) and § 24- 76.5-101, C.R.S ., as amended. Purchase of Services Agreement, OtterTail Environmental Page 4 of 8 b. The Contractor shall not knowingly employ or contract with an illegal alien to perform work under this public contract; or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perfonn work under this public contract. c . If the Contractor obtains actual knowledge that a subcontractor performing work under this public contract knowingly employs or contracts witb an illegal alien , the Contractor shall: (1) Notify the subcontractor and JCPH within tbree days that the Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and (2) Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to subparagraph (1), above, the subcontractor does not stop employing or contracting with the illegal alien: except that the Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that tbe subcontractor has not knowingly employed or contracted with an illegal alien. d. The Contractor shall comply with any reasonable request by the Department of Labor and Employment made in the course of an investigation that the Department is undertaking pursuant to its authority. e. Notwithstanding any other provision of this public contract, if the Contractor violates any provision of this paragraph, JCPH may terminate this public contract and the Contractor shall be liable for all actual and consequential damages resulting from that termination. f. Except where exempted by federal law and. except as provided in § 24-76.5- 103(3), C.R.S., as amended, the Contractor receiving Jefferson County funds under this public contract must confirm that any individual natural person eighteen (18) years of age or older is lawfully present in tbe United States pursuant to §24-76 .5-103(4), C.R.S., as amended, if such individual applies for public benefits provided under this public contract. If the Contractor has verified that the County has accomplished such confirmation prior to the effective date of this public contract, the Contractor is relieved of responsibility under this paragraph. 14. SOLE SOURCE CONTRACTS If the Contractor bas entered into a sole source contract or contracts with the State of Colorado or any of its political subdivisions as defined in Article XXVIII of the Colorado Constitution which including this contract in tbe aggregate on an annual basis are equal to or exceed the amount of $100,000, then the following provisions apply: Purchase of Services Agreement, OtterTail Environmental Page 5 of 8 a. Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, Contractor shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, on behalf of the Contractor or on bebalf of bis or ber immediate family member and for tbe benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political s ubdivisions. b. Contractor furtber agrees that if it makes or causes to be made any contribution intended to promote or influence tbe result of an election on a ballot issue, it shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. c. If Contractor intentionally violates sections 15 or 17(2) of Article XXVIII of tbe Colorado Constitution, as contractual damages Contractor shall be ineligible to hold any sole source government contract, or public employment with the state or any of its political subdivisions, for three years. 15. STATUTES, REGULATIONS AND ORDINANCES Contractor shall observe and comply with federal, state and local laws, regulations, rules or ordinances that affect those employed or engaged by it, the materials or equipment used or tile performance of the project and shall procure any and all necessary approvals, licenses and permits all at its own expense. 16. INDEMNIFICATION The Contractor agrees to indemnify and hold harmless JCPH, and its officers, employees and agents, acting officially or otherwise, from any and all claims, demands, damages, and actions of any k ind brought by anyone, including attorney's fees, which may arise out of or result from the negligent or willful misconduct of Contractor or its subcontractor(s) in the performance of services as set forth in this Agreement and/or the breach of any condition(s) of this Agreement. This provision shall survive the termination of this Agreement. 17. INSURANCE The Contractor providing services under this Contract will be required to procure and maintain, at their own expense and without cost to JCPH, until expiration of the agreement the following insurance. Tbe policy limits required are to be considered mininlUm amounts: Commercial General Liability Insurance: Combined single limits of $1,000,000 per OCCurrence and $2,000,000 general aggregate for bodily injury and property damage , which coverage shall include products/completed operations, independent contractor, and contractual liability. Purchase of Services Agreement, OtterTail Environmenta l Page 6 of 8 Worker's Compensa tion and Employer's Liability and Occupational Disease Coverage in accordance with Colorado law or the law of the state in which the Contractor is a resident or the firm is registered. Comprehensive Automobile Liability Insurance, including coverage for all, owned, non- owned and rented vehicles with $1,000,000 combined single limit for each occurrence. JCPH shall be named as an additional insured and the insurance policy shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to JCPH. Certificates of insurance shall be delivered to JCPH within fifteen (15) days of execution of the Agreement. Contractor sha ll demonstrate contractual liability coverage supporting the indemnity provisions of this Agreement, either through policy langua ge or by waiver of exclusion. 18 . DOCUMENT OWNERSHIP -WORKS MADE FOR HIRE All of the deliverable items, if any, prepared for the JCPH under this Agreement shall belong excl usively to JCPH and shall be deemed to be "works made for hire" under the copyright law s of th e United States. To the extent any of the deliverable items may not , by operation of law or otherwise, be works made for hire , the Contractor hereby assigns to JCPH the ownership of the copyright in the deliverable items, and JCPH shall have the right to obtain and hold in its own name , copyrights, registrations, and similar protections . TIle Contractor agrees to give JCPH or its designee all assistance reasonably required to perfect such rights. To the extent that any pre- existing materials are contained in the deliverable items, tbe Co ntractor grants to JCPH an irrevocable, non-exclusive, worldwide, royalty-free license to use, execute, publish, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such pre-existing materials and derivative works thereof and to authorize otbers to do any, some, or all of tbe foregoing. 19 . TERMINATION FOR CAUSE If the Contractor or JCPH fails to fulfill its obligations under this Agleement in a timely and proper manner or violates any of the provisions of this Agleement, the non-defaulting party shall tbereupon have tbe right to terminate this Agreement for cause by giv ing written notice to the defaulting party of such tennination and specifying the effective date of termination. The defaulting party, however, sbal l not be relieved of liability to the non-defaulting party for damages sustained by virtue of any breach of this Agreement. In the event of default by the Contractor, JCPH may withhold payments due under Paragraph 3, above, for the purpose of set- off until such time as the exact amount of damages due JCPH from the Contractor is determined . 20. MODIFICATIONS This Agreement may not be modified, amended or otherwise altered, unless mutually agrced upon in a writing executed by JCPH and the Contractor. Purchase of Services Agreement, OtterTail Environmental Page 7 of 8 21. GOVERNING LAW The laws of the State of Colorado shaH govern the va lidity, performance, and enforcement of this Agreement. Should either JCPH or Contractor institute legal action for enforcement of any obligation contained herein, it is agreed that venue shall be in Jefferson County, Colorado . 22. SEVERABILITY If any provision of this Agreement or the application thereof to any person or in any circumstance shall be unenforceable to any extent, the remainder of this Agreement and the application of such provision to other persons or in other circumstances shaH not be effected thereby and shall be enforced to the greatest extent permitted by law. 23. NOTICES Notices to be provided under this Agreement shall be given in writing either by hand delivery or by certified return receipt requested United States mail, to the following: JCPH Representative: JCPH Elizabeth Lipscomb 1801 19th Street Golden, CO 80401 24. HEADINGS Contractor: OtterTail Environmental Ed Fleming 10200 W 44th Ave, Ste 210 Wheat Ridge, CO 80033 Titles and paragraph div isions are inserted in this Agreement for ease of reference and do not define, limit, or prescribe the scope or intent of the provisions of this Agreement or any part thereof. 25 . AUTHORITY Each person signing this Agreement represents and warrants that he/she is fully authorized to enter into and execute t11is Agreement and to bind the party represented to the provisions of this Agreement. 26 COUNTERPARTS and FACSIMILE SIGNATURES This Agreement may be executed in counterparts, each of which shaH be deemed an original. Facsimile signatures of, or on behalf of, JCPH or the Contractor on this Agreement and any modification hereto shall be effective for all purposes. Exhibit A , 20 10 INTEGRATED MOSQUITO MANAGEMENT SERVICES SCOPE OF WORK GENERAL DESCRIPTION AND SPECIFICATIONS GENERAL DESCRIPTION The service provider shall conduct an Integrated Mosquito Management (IMM) Program for Jefferson County Public Health (JCPH) during the spring and summer of 2010. This program will be designed and implemented to control the spread of the West Nile Virus (WNV) and other mosquito-borne diseases such as SI. Louis Encephalitis (SLE) and Western Equine Encephalitis (WEE) by reducing the number of disease causing mosquitoes . The service provider shall employ established IMM principles and practices to redu ce the numbers of all mosquitoes including disease causing mosquitoes in Jefferson County. These principles and practices include : the trapping of adult mosquitoes for co unt , identification and classification , conducti ng larval mosquito surveillance and co ntrol (LS&C) via larvae breeding habitat surveillance, larval mosquito speciation , larval mosquito con trol (through the application of larvicides, sou rce reduction , and/or biologic controls), and publi c education and outreach. Adulticiding -the killing of adult mosquitoes through aerial sprays and fogging -is not anticipated but th e service provider shall maintain the capabilities to implement, manage, and / or provide properly trained and licensed staff and supervisors to conduct adulticiding if requested by JCPH to do so. Th e serv ice provid e r shall provide the following IMM services within the service area: A . Adult Mosquito Surveillance B . Larval Mosquito Surveillance and Control C . Public Education D . Reporting E . Record Keeping F . Department Employee Training G. Board of Health Appearances H . Adult Mosquito Control Service The service provider shall follow all app licable a nd approp riate Federal , State , a nd Local rules and regulations such as EPA, OSHA , FIFRA pertaining to the implementation of the IMM services provided by the service provider in this Scope of Work. Specific requirements pertaining to the service area, the services to be provided , t e rm of the contract , and the work products are described in the Specifications section of this Scope of Work. SPECIFICATIONS I. SERVICE AREA The service area of Jefferson County area consists of approximately +M 133.4 square miles of bedroom community located on the east side of the Rocky Mountains. The service area is bounded by Broomfield County on the north , Chatfield State Park on the south, the foothills on the west (elevation -5,900 feet), and Sheridan Boulevard on the east (elevation -5 ,3 00 feet). Because the serv ice area is on the eastern slope of the foothills most of the precipitation occurring during the WNV IMM seaso n runs through the service area via a series of drainage creeks and eventually into the South Platte River. There are not any large irrigated ag ricultural operations or large areas of swamp land in the service area. Approximately 70% of the potential larval development (PLD) sites in Jefferson County are less than 2 acres. Page I of8 Exhibit A I 20 10 INTEGRATED MOSQUITO MANAGEMENT SERV ICES SCOPE OF WORK The 2010 Integrated Mosquito Management Service Area Map (Attachment A ) illustrates the service area and the known potential larval development sites. A summary of the service area is provided in the table below. Area / Municipality ArvaEla Square Miles ~ Golden 8.3 Lakewood 41 .8 Wheat Ridge 9.6 Unincorporated Jefferson County' Total Square Miles : 73.7 ~ 133.4 • Includes Bow Mar (0.1), Edgewater (0.7), Lakeside (0.3), Littleton (0.6), Morrison (0.7), Mountain View (0.1). II. SERVICES TO BE PROVIDED A. Adult Mosquito Surveillance 1 . General Requirements For Mosquito Trapping and Surveillance Pag e 2 of 8 a) If any mosquito trap night is cancelled, the service prov id er shall notify JCPH immediately. JCPH may require the service provider to reschedule the ca ncelled trap night. Service provider will not be reimbursed for cancelled trap nights. b) After each trap night the service provider shall collect, identify, speciate, and count all trapped mosquitoes by methods recognized by CDC and/or the Colorado Department of Public Health and Environment (CDPHE) and report this information to JCPH at least once per week. c) All mosquito trapping activities including the submission of mosquito pool specimens shall be conducted in accordance with the protocols established in the current CDPHE Mosquito Surveillance Plan (Attachment B) and the West Nile Virus Mosquito Sentinel Site Guidelines (Attachment C). The CDPHE Mosquito Surveillance Plan is dated 2005 and the 2010 Sentinel Site Guidelines protocol is in draft form , any updates to these two attachments will be provided once they become available. d) The service provider shall assume all liability for the placement and operation of any and all equipment. JCPH shall not be responsible for any lost , damaged or stolen traps and/or equipment. e) The service pro vi der shall maintain a toll-free (in Colorado) Mosquito Complaint Call Center and shall accept calls from the public reporting mosquito problems and/or standing, stagnant water in the service area that may indicate the presence of potential larval development (PLD) sites. The service provider shall maintain a log of calls received and shall summarize call and service provider response activity in weekly and annual reports. Exhibit A L 'H R~():'oi 0 • I ( I T 20 10 INTEGRATED MOSQUITO MANAGEMENT SERV ICES SCOPE OF WORK 2. State Mosquito Sentinel Program a) The service provider shall provide all supplies, equipment and personnel to operate and maintain the Mosquito Sentinel Program for 80 trap nights at various sites selected with the concurrence of JCPH as follows: (i) Five (5) CDC light traps within the service area. These traps shall be operated one night per week on the same day of the week for a period of 11 weeks from June 14, 2010 to August 27, 2010 for a total of 55 trap nights. These trap sites are part of the State wide surveillance system and shall be operated according to the procedures outlined in Attachment C . (ii) The five (5) trap locations identified in a) above, shall have a second trap night each week from July 6, 2010 through August 3, 2010 (5 weeks) for a total of 25 trap nights as part of the Mosquito Sentinel Program in accordance with state guidelines. The state mosquito sentinel program is funded by the CDPHE and the attached guidance represents a draft for 2010; the number of trap nights may decrease or increase depending on state funds available and the extent of Arbovirus activity in Colorado. 3. JCPH Adult Mosquito Surveillance Program a) The service provider shall provide all supplies, equipment and personnel to operate and maintain for up to 144 trap nights: (i) Six (6) CDC light traps at various sites within the service area. These traps shall be operated one night per week on the same day of the week for a period of 12 weeks from June 7, 2010 to August 27, 2010. (ii) Six (6) gravid traps collected with the 6-CDC light traps (in paragraph a) above. These traps shall be operated one night per week on the same day of the week for a period of 12 weeks from June 7, 2010 to August 27,2010. B. Larval Mosquito Surveillance and Control 1. General Requirements For Larval Surveillance and Control (LS&C) Page 3 of8 a) The primary and priority focus of larval control will be to eliminate the mosquitoes that have the potential to transmit diseases such as WNV, SLE, and WEE. b) Unless otherwise indicated, the LS&C activities will take place for 13 weeks between June 7, 2010 and September 3,2010. Environmental conditions, such as weather, may indicate the need to expand LS&C activities before and/or after this time period. c) During the 2010 season all sites inspected by the service provider during LS&C activities that are found to be breeding mosquito larvae shall be treated with a larvicide by the service provider. d) Each site will be inspected and classified according to the following classifications: • Vector mosquito breeding sites, • Vector and non-vector mosquito breeding sites • Non-vector mosquito breeding sites. e) All mosquito complaints shall be thoroughly investigated by the service provider and larval control shall be implemented by the service provider based a balanced evaluation of the risk of human illness , suffering, and impact on quality of life in the community associated with the concurrent mosquito infestation. Exhibit A I I I L 2010 TNTEGRATED MOSQUITO MA N AGEME NT SER V ICES S COPE OF WORK f) Commensurate with the start of the LS&C program the service provider s hall conduct a preliminary assessment of all known PLD sites within the service area . At the end of the 2009 IMM season there were approximately 668 known PLD sites contained in the 161 square mile service area. The 2010 IMM service area and known PLD sites are identified on the Jefferson County Integrated Mosquito Management Service Area Map (Attachment A). The purpose of the preliminary assessment is to determine the status of each PLD site and to classify each PLD site as "targeted " or "non-breeding". Targeted PLD sites are those sites which have the highest potential for mosquito breeding. The remaining sites shall be classified as non-breeding PLD sites or removed from the list of PLD sites if the site no longer has the potential to breed mosquitoes. Any new PLD sites identified during the initial inspection and preliminary assessment of PLD sites shall be added to the list of PLD sites and shall be classified as "targeted " or "non-breeding". g) Based on the 2009 end-of season PLD inventory and newly identified PLD sites in 2010, the service provider shall provide an updated PLD list and map on or before June 30, 2010 . The list shall include the service provider's recommendations for additions, deletions, andlor revisions to the list of PLD sites h) The contractor will continue to identify and investigate new PLD sites throughout the season and add and label any new sites on the Service Map. 2 . Routine Larval Surveillance and Control Activities Page 4 of 8 a) Inspect all "targeted " PLD sites at least once per week by visual observation and by dipping any standing water for mosquito larvae. b) Larvae found at each PLD site shall be speciated and labeled as one of the following; vector, vector and non-vector species or non-vector species. c) Inspect all "non-breeding " PLD sites at least once per month to determine if any changes have occurred that would warrant a re-evaluation of their status . Additional inspections over and above the routine monthly inspection of non-breeding PLD sites may be necessary based on changes in climatic conditions . d) Inspect strategically located storm water structures (catch basins, detention ponds , storm water inlet boxes , and the like) found to contain water at least once per week for the presence of mosquito larvae. Storm water structures shall be inspected based on environmental conditions, such as periods of precipitation followed by warm temperatures that promote the development of mosquito larva at such structures. Storm water structures shall be labeled as sites and inspections shall be included in the weekly totals and year to date totals in the weekly reports. e) Identify any additional andlor new PLD sites by documenting any areas of clogged ditches and streams, standing water, etc., that were observed during the course of conducting IMM activities . Inspect and classify each additional andl or new PLD site as a targeted or non-breeding site . All additional andlor new PLD sites shall be mapped and recorded, regardless of their classification. Document areas such as abandoned swimming pools , clogged drains , dammed streams , and the like, which have the potential for supporting larval development , report these features to JCPH , and work with local code enforcement officials to locate , identify, and apply the appropriate IMM measures to these sites as needed. Exhibit A '\ L ,[ 2010 INTEGRAT ED MOSQUITO MA NAGEMEN T SERVI CES S COP E OF WORK f) Apply the appropriate , federally approved larval control materials , if it is determined that any PLD site is producing mosquitoes and /or mosquito larvae . This is especially important if it is determined that Culex sp. or other potential arboviral vector mosquitoes are also present. g) Larval control may include the application of larvicide and/or the utilization of other recognized methods of larval control such as source reduction. h) Use the most appropriate method for larvicide distribution , such as hand application, backpack broadcasters , All Terrain Vehicle (ATV), etc. i) Maintain Material Safety Data (MSD) sheets for all products used and pro vide such information upon request to employees, the public , and /or JCPH. j) Conduct post-treatment quality control inspections within 24 to 48 hours as necessary to assure the larvae population has been controlled. JCPH recommends a post- treatment quality control inspection goal of at least 10% and no more than 20 % of the sites treated during routine inspections. If larvae are found during the post-treatment quality control inspection , a second application of control material sh a ll be applied. These activities shall be included in the weekly activity reports . k) Develop a method to contact private property land owners and obtain permission to enter property to conduct IMM activities. Entry onto private property shall be by prior authorization of the owner/agent. I) Maintain real-time documentation of all PLD site surveillance and larval control activity and enter real-time data into a JCPH approved electronic database. An electronic copy of the database with classifications shall be provided to JCPH on or before October 15 , 2010 and/or upon the request of JCPH . C. Public Education 1. The service provider shall maintain a public education website providing general information on WNV and WEE , including basic disease information, tips for personal protection, information for homeowners on standing water, aerial spraying information (if appropriate), phone numbers to call, links to other websites, etc. 2. In the event that adulticiding or aerial spraying is to be performed , the service provider shall notify all residents in the area to be sprayed who are registered in the State of Colorado Pesticide Sensitive Registry. A minimum of 3 attempts shall be made to reach these persons prior to the spraying or application. The Ultra Low Volume (ULV) insecticide application will be shut off in front of and upwind from sensitive resident's properties. The service provider shall maintain MSD sheets for all products used and shall provide such information upon request to employees, the public , and/or JCPH. The service provider shall provide qualified and licensed staff if adulticide is required. If adulticide spraying is required the service provider shall collaborate with JCPH to coordinate the delivery of these services. D. Record Keeping The service provider shall maintain all records and documents pertaining to the services provided under this contract for a period of 3-years. By December 1, 2010 and /or upon the request of JCPH, the service provider shall provide JCPH with copies of any and all records and documents pertaining to the services provided under this contract in an electronic and /or Page 5 of 8 Exhibit A 2010 INTEGRATED MOSQUITO MANAGEMENT SERVICES SCOPE OF WORK hard copy format approved by JCPH. Prior to the disposal of any JCPH records the service provider has in it's possession , the service provider shall pro v ide JCPH with a thirty (30) day written notice during which time JCPH may take physical possession of same at the s torage site . E. Reporting 1. Weekly Report: The service provider shall provide a weekly summary report of IMM service activities. Weekly reports shall include but not limited to: a) The number of PLD site inspections and post-treatment quality control inspections performed and the number these inspections for each municipality and the unincorporated areas of the County. b) The number of vector breeding sites , number of non-vec tor breeding s it es, the number of sites that co ntain both vec tor and non-vector larvae and sites not breeding mosquitoes. c) The number of larvicide applications, including products used, amount of larvicide , size of area treated, and application methods . d) The number of mosquitoes caught in each light and gravid trap , including the number of the various Culex or other arboviral vector species. e) The number of inspectors used and the total amount of direct labor hours spent during each week conducting contract work, reported as larval inspec tion time, mosquito trapping time , and office or support time . f) The number of complaints received , number of areas inspected because of those complaints, the findings of each inspection and actions taken . 2. Annual Report: By October 1, 20 10 the service provider shall provide a draft of the annual report . By November 1, 2010 th e service provider shall provide th e final annual report . The annual report shall be pro vided in a format acceptable to JCPH both electronically and in hard copy (5 copies) and shall include but not limited to : a) All surveillance activities and findings as defined above, b) Total direct labor hours logged by the service provider and its employees broken into the areas defined above, c) Total number of PLD sites inspected, the size of each PLD site in acres, lotal number of sites treated , total number of mosquito trap nights , etc. d) The end of season map that illustrates the PLD sites identified and inspected during the contract season, e) The GIS shape files or other electronic files used to create the PLD site map, f) A complete list of all PLD sites and their classification and size of each PLD site in acres. The PLD list shall include the service provider's recommendations for additions , deletions, and/or revisions to the list of PLD sites, and g) The number of vector, non-vector, and combination of vector and non vector sites, and non breeding sites inspected during the season. F. Department Employee Training: Upon request the service provider shall provide training for Department employees. Pa ge 6 of8 Ex hibit A I! l I 1 2010 INTEGRATED MOSQUITO MANAGEMENT SERVI CES SCOPE OF WORK G. Board of Health Appearances: Upon request the service provider shall appear before the Jefferson County Board of Health to provide updates and/or a year-end report on contract ac ti viti es. H . Adult Mosquito Control Service: In the eve nt of a Public Health Emergency , the service provider s hall ass ist JCPH in th e timely deve lop me nt a nd implementation of an adult mosquito co ntrol program, such as ground and/or aerial adulticide spray in g . The adu lt mosquito control program shall be conducted in acco rd ance wi th all state and f ede ra l requirements. The costs of this service and/or the ad ult mosquito contro l program are n ot included in this contract. III. TERM OF SERVICE AGREEMENT The Service Agreement shall be in effect for the period beginning May 17 , 2010 through December 31 , 2010. Unless otherwise indicated a nd directed by JCPH to do so, all field service activ itie s shall commence no later than June 7 , 2010 and sha ll continue until JCPH determines th at a specific field service is no longer needed, but no later than September 3 , 2010. Environmental conditions , such as weather, may indicate the need to expand LS&C activities before and/or after this time period. IV . WORK PRODUCTS Any a nd all maps , report s, sp reads h eets, databases, geographical information system (G IS) fil es, news le tters and ot he r hard copy or e lectronic documents gene rated by the service provider in fulfillment of its ob lig atio ns under thi s con tract s ha ll be the property of JCPH, who sh all ha ve sole a nd co mpl ete discretion regarding their use and distribution. A ll work products sha ll be delivered to JCPH in a mutually ag re ed up on hardcopy and/or e lectronic format suit ab le for in c luding in rep o rt s and f o lders. The data and weekly reports wi ll be furnis hed in sta ndard 8 Y, by 11 in ch paper. All reports wi ll include the activity undertaken in eac h of the cities in the County. All final deliverable electronic and/or hard copy records , documents, and maps pertaining to 2010 IMM services under this contract shall be delivered by November 15, 2010. WORK PRODUCT DELIVERY SCHEDULE Work Product Delivery Date Begin Early Season Larval Surveillance and Control Pe r JCPH direction May 17 to June 4 , 2010 Begin Regul a r Season Larval Surveillance a nd Co ntrol June 7, 2010 Beg in Adult Mosquito Surveillance Jun e 7, 2010 First Weekly Report 10 ca le nd ar days after field wor k begins Repo rt findin gs of Preliminary Assessment of Known PLD Sites June 30 , 2010 End Adult Mosquito Surveillance Augus t 27,2010 End Larva l Surveillance and Control September 3,2010 Begin Late Season Larval Surveillance and Contro l Pe r JCPH direction September 7 to September 17 , 2010 Page 7 of 8 Exhibit A , " , , , ) (),' (I \ I' I 2010 rNTEGRATED MOSQUITO MANAGEMENT SERVICES SCOPE OF WORK Last Weekly Repo rt 10 calendar days after field work ends First draft An nu a l Report October 1, 2010 Final A nnua l Report November 1, 2010 ACRONYMS Acronym Definition CDC Centers for Disease Con trol a nd Prevention CDP HE Co lo rado Dep a rtm ent of Public Health and Environment and its employees G IS Geog raph ica l Inform at ion Systems IMM Integrated Mosquito Management JCPH Jeffe rso n County Public Hea lth and its employees LS&C Larval Mosquito Surveillance and Control MSD Material Safety Data PLD Potential Larval Development WEE Weste rn Equin e Encephalitis WNV West N ile Vi ru s ATTACHMENTS A: Jefferso n Cou nt y 2010 IMM Service Co ntra c t Area Map B: CDP HE Mosquito Surveillance Plan (mo st current vers ion) C: CDPHE W NV Mosquito Sen tin e l Guidelines (rnost curren t version) Page 8 or8 Attachment B be detcnnined b y geog rap hi c loca ti o n and th e w illin gncss of th e loca l hea lth agency, MAD, e tc. to ass um e th e respo ns ibiliti es o f maint a inin g a site during this and subsequ en t years. Floater Mosquito Traps "Floater" mos quito trap testin g will int eg rat e the qualitative v iru s data co ll ec ted from dead bird s, horse and human ca scs with th e quantitative data mosquito trappin g c an pro v id e. Local agencies w ill decidc the need for trappin g in their area, which s ho uld b e dri ve n by pos itive virus findin gs us in g other s urv e illan ce too ls (positive dead birds o r ho rses). These trap s it e location s are expec ted to change from yea r to year based o n loca l s urv e ill a nce need s. Permanent Mosquito Traps The third category of mos quito trapping in c ludes permanent m osquito trap s ites that loca l organizations and ag e nc ies o perate and maintain , u s ually to m o nitor nui sa nc e mosquito po pulations. Tbe tes ting o f C ulex pool s co ll ec te d from these traps depends largcJy up o n th e co nditions that ex is t at that s it e. Sampling and tes tin g c riteria w ill be discussed b e low (see C. 3. c. Mosqllito testing criteria). Surveillance Datcs to Remember Dead bird and mo squito s w·veillance activities will comm e nce May I". Initial te s tin g will focus o n dead bird s as th ey will be a more se ns iti ve indi ca to r of virus activity early in the seaso n when mosquito populations and infec ti o n rates are low. Once v iru s is d e tec te d in an area , m osquito t esting s ho uld be used to assess the leve l of ri s k for human trans mi ss io n . Dead bird te s ting s ho uld be limited to no m o re than two o r three WNV+ bird s from th e sa me area (i .e ., approx. 5 mi 2 area or 1.25 mi . radiu s). Further bird te s ting does no t prov ide additional informati o n and expends limited lab re so urces. Unlike last season however, corvid bird specimens meeting sampling criteria will be accepted beyond the July I" deadline date for bird testing if no other WNV + birds or other surveillance tool indicates virus activity in that area. All Culex s pp. mo sq uit o pool s from sentinel trap sites will be te s ted us ing RT-P C R at th e CDPHEILSD lab in Den ve r. However, mo squito pools from sentinel traps in Moffat, M esa , and Delta co unti es will be sent to and te sted at the regional laboratory in Grand Junction. Prior to July I!!, Culex mo sq uito po o ls fromjl oater and permanent traps s ho uld b e tes ted at th e CDPHE Lab o ratory Services Divi s ion (LSD) using RT-PCR because o f it s greater sens itivity . Zone Trapping: During thi s early trapping period (May I SI to July I SI), in an effort to s tretch diagno s ti c re so urces, s urveillance participants are strongly encouraged to "zo n e" trap their floater and permanent trap captures. That is , co-mingle, by species, Culex mosquito captllres from several floater or permanent traps in a general geographic area to increa se the size of pool s being te s ted . Because early seaso n Culex numbers are not expected to be very hi g h until later in th e season , pooling captures from several trap s will redu ce the number of small mo squito pools that u se the same tes t as would a poo l o f 50 J : I and ai' a 5 M osq/M osqCo 11 eel Prot ocol sJ' 05 M os q Su rvei I PI n _Rev B_3 -23 -as .doc 2 Atta chment B mosq uit oes. If a pos iti ve, co-min g led poo l is d e tec ted , sub seq u e nt co ll ec ti ons spec ifi c to a trap m ay be s u bmitt ed in o rde r to d e ter m in e whi ch trap th e pos it ive p oo l ca me fr o m. After July]!!, wh en expan d in g C ul ex mosq uito po pul a ti o ns a n d increas in g infec ti o n rates s ho ul d offset th e lower se ns iti vity o fV ecTes t®, mos quit oes [ro m th ese n oater and p e nnane nttraps w ill be tes ted by VecT es t® at th e s ix reg io na l la b o ra to ri es. If WEE or SLE a c ti v it y is o bse rved , reg io na l lab s w ill be prov id ed w ith multi-anti gen VecT es t® kit s va li d fo r a ll thre e v iru ses. Pa rti c ip ant s in th e su rve ill an ce program a re e nco ur aged to use lim ited mosq uito test ing reso urces res po ns i bly. At thi s tim e th e re w ill be no testin g q u o ta ass ig ned to eac h co unty. De pending o n th e int ensit y o f v iru s acti v ity th a t is d etec te d , th e ri sk o f hum a n ex posure, pl a nn e d control e ffo rt s, etc., dia gnos ti c reso urces may be di ve rt e d to w he re th ey a re neede d m os t. R eg io nal e pid emi o log ists and C DPH E will be mo nit o rin g di ag nosti c reso ur cc usage, s uggestin g w be re tes tin g is nee d ed a nd c urtailin g usage when it 's appro pri a te based o n v iru s ac ti v ity a ne!th e reso urces that a re ava il ab le fo r th a t reg io n o r co u nty. C. Plan Criteria: I . Sentinel Mo squito Trap Sites : a. Obli g ati o ns: I) Trapping Sc he dule : w e e kl y [rom ea rl y Ma y thro ug h Se pt embe r. In 2005 , it is reco mm end ed that a trappin g tre qu e ncy o f o ne ni g ht per week be obscrve d , addin g ad d iti o na l ni g ht s if need ed due to incl ement wea th er. 2) Eac h s it e will co nsist o f 2 C DC CO' ba it e d , li ght tra ps a nd o n e grav id trap. 3) T ra ps s ha ll be pro pe rl y ma int a in ed a nd bait ed a pp ro priate ly (i .e ., dry ice for li g ht tra ps ane! straw -m anu re infu s io n fo r gravi d tra ps). See "Mosq ui to Trapp in g a nd Handlin g Pro toco l" da ted 4 /29/04 . 4) Acc ura te reco rd s ma int a in e d (d a te, # tra p ni g ht s, # mos quitoes by species, C ul ex po pul ati o n d e ns ity, we ath e r co nditi o ns, e tc .) 5) Weeklv s ubmi ss io n o f Cll/ex mosquito p oo ls a nd d a ta to LS D in De nve r o r i f th e poo ls are fro m Mesa, De lt a, a nd Moffat co unti es, p oo ls sho uld be se nt to th e regio nal la b in G rand Junc ti o n. 6) Ca lcul a ti o n of Infec ti o n R ates b . S it e co ns id e rati o ns: I ) Ca re sh ould be use d in se lectin g a se ntin e l tra p s it e so th ey d o no t have to b e moved to in s ur e co ntinuit y o f data . S it e s ho uld b e stabl e a nd eas il y access ibl e. 2) S ite has a hi sto ry o f si gnifi c ant C ll /ex mosquito a c ti v ity a nd c lose proxi mity to a ppropti a te CII/ex bree din g ha bit at 3) C lose prox imity to hum a n po pul a ti o ns 4 ) A vail a bility o f res tin g s it es and pro tec ti on fr o m w ind (e .g., c ul ve tiS, fe nces, s hntbb ery, trees, s heds , e tc.) 5) A way from co mp e ting sources o f li g ht (li ght trap s) o r ov ip os iti o n s it es (grav id traps). 6) A vo id a reas whe re hea vy, regular adult mosquit o and/o r in sec t co ntro l are pe rfo nn ed . 7) Hi s to ry o f pas t a rb ov iru s ac ti v it y. Note: "Sell /iller' trap s it es sho ul d rema in a t th e sa me s it e each season; however , trap s ca n be mov ed w ithin a genera l a rea « 0.5 m ile) of si milar ha bita t in o rder J : I andaF 05 M osq /M os qCo II eel Pro taco 1 sI' 0 5 M osq Su rYe i I PI 11_ R ev B_3· 23 -0 5 .d DC 3 Attachment B to improve trap perfonnance and are not required to hang from the same tree week after week. c. Mosquito poo lin g s u ggestio ns: I) Sorted C ul ex mosq uit oes o f th e same species from th e two light traps can be co- min g led into co mm o n pools. 2) Sorted mo squito es from th e grav id trap s cannot be co-min g led w ith the same spec ies from li g ht traps. They mu s t remain segrega ted in separa te pools. No te: to calculat e mosquito popu lati o n density, take th e total numbcr of captured mosquitoes, by species, and divide by the numbe r of trap nights. 2. Floater Mosquito Traps a. Location preferences: same as above, except that a confimled, infected dead bird , ho rse, and/or hum a n case ha s been reported in the area. b. Dep loym e nt co nside ratio n s: t) S urvei llan ce data wi ll be u sed to support mosquito co ntrol activitivies. 2) Trap(s} deployed for a minimum of two (2) weeks. 3) Trap(s} opera ted a minimum of one night per week , adjusted to allow for inclement wea ther. 4) Traps properly maintai ned and baited approp ri a te ly. 5) Mo s quito c apture s so rt ed and pooled. C ulex s p ec ies s ubmitted to the appropriate regional lab o r LSD lab for testing. c. Obligations: I} Trap d a ta (e.g., trap ni g ht s, species, #"s, dates, C ul ex population density, wea the r co nditi o ns, etc.) maintained. 2) Calculation of Infectio n Rates 3) "Zolle Trappillg" see above. 3. Permanent Mosquito Traps a. Location prefere nces: sa me as th ose described for sentinel a nd jloaler traps. b. Deployment considera ti o ns: th e se lec te d locatio n has a hi story of trapping a t that si te . c. Mosquito te s tin g crit e ria : t ) Many pemlanent traps ha ve a n es tabli s hed hi story and have co ll ec ted a n abundance of mo sq uito data over th e yea rs, but often have been d ep loyed as a re s ult of nui sa nce mos quito m o nit o ring as opposed to arbovirus activity in which case, nui sance mosq uito spec ie s will no t b e tes ted at thi s time 2) Culex m os quit oes from permanent trap s s ho uld be te s ted if th e s it e is w ithin 1.2 5 mi . of a WNV+ bird, horse o r human case, a su stain ed in c reasc in th c Culex mo s quito population is no ted , a ndlor the site provides th e only a rb ov iru s surveillance data for th a t area. c. Obligations: t) Trap data (e.g., trap ni g ht s, s pp . #"s , dates, C ul ex population density, wea U,er co nditi o ns, etc.) ma int ained . 2) Ca lc ulati o n of Infec ti o n Rates 3) "Zolle Trappillg" see above. J:tanda/'05Mosq /MosqCollectProtocolsl'05MosqSurveiIPln_RevB _3-23-05.doc 4 A IT ACHMENT C ~ Traps w ithin a zo ne s ho uld ha ve an availability o f mosq uit o resting sites and prot ect ion from w ind (i.e. c ul ven s, fences, shrubb e ry, tr ees, s h eds, etc) and s h ou ld be placed away from co mp e ting so urces of light and ca rb o n dioxide (e.g., li vestock, including e quine, bov ine , and sw ine). ~ Traps should be placed on the leeward s ide of obstacles if possi ble. For exa mpl e, if the prevailing wind is ge nerally from the west jus t after du s k , tr y to pla ce the trap on the east s id e of trees, s hed s, etc. ACORD. CERTIFICATE OF LIABILITY INSURANCE '1fT\FE~~\ I OAT~~7;~%,~' PRODUCER Cherry Creek Ins . Agency, Inc. Suite 500 5660 Greenwood Plaza Blvd. Greenwood Village CO 80111 Phone:303-799-0110 Fax:303-799 -0156 INSURED Ottertail Environmental Suite 210 10200 West 44th Avenue Wheat Ridge CO 80033 COVERAGES THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC# INSURER A The Hartford In.uranee Group 22357 INSURER B Pinnacol Assurance 41190 INSURER C INSURER D INSURER E THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS . EXCLUSIONS AND CONDITIONS OF SUCH POliCIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI MS LTR INSRi TYPE OFi ~~ LIMITS I ~ 1.2,000,000 A X -t r.'N'R" IAR" 'TV 348BAPC7671 06/23/09 06/23/10 ~ 1'300,000 _D CLAIMS MADE 0 OCCUR I MEO EXP IAn, O~ ".'~'" 1'10,000 ~ 1'2,000,000 1 GENERAl 1'4,000,.000 ~~, X I POLICY I l ~S APF~~r:: 'AGO 1'4,000,000 LIABILITY COMBINED SINGLE LIMIT A ~ .2,000,000 ANY AUTO 348BAPC7671 06/23/09 06/23/10 (Ea acodent) ~ ~ ALL OWNED AUTOS BODILY INJURY (Per person) • SC H EDULED AUTOS ~ HIRED AUTOS BODilY INJURY :t (Per acGIdent) • NON·OWNED AUTOS - ~ PROPERTY DAMAGE • (Per acGIdent) ~AGE LIABILITY I AUTOONLY· I I. ANY AUTO OTHE R THAN EAACC I' AUTO ONLY AGG I· LIABILITY I EACH' I· POCCUR D CLAIMS MADE I· I . ~ DEDUCTIBLE I . RETENTION • I . WORKERS COMPENSATION AND X I .1 IUJii B EMPLOYERS· LIABILITY 4072127 07/01/09 07/01/10 I E L HCH ,reon,m ' • 1 ,000 ,000 ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBER EXCLUDED? I E L DISEAS'· EA ,MP' om .• 1 ,000 .000 ~m,1~'~b' ~": .. I I ' L "'SEASE -POLICY LIMIT .1,000,000 OT HER , v. ,"V," "v., I ; ADDEO BY I Jefferson County Government is additional insured regarding the Named Insured's operations for general liability per written contract per form 880008 (04/05) . Coverage is primary and non-contributory per written contract per form 880008(04/05)_ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFO RE THE EXPIRATION DATE THEREOF , THE ISS UING INSURER WILL ENDEAVOR TO MAIL 30' DAYS WRITIEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Jefferson County Government IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER. ITS AGENTS OR 15200 W 6th Ave Golden CO 80401 REPRESENTATIVES. AUPll:~ZE.D Rj~~~ATIVE/ fi1..A-f- 17' "V ACORD 25 (2001108) © ACORD CORPORATION 1988 ACORD. CERTIFICATE OF LIABILITY INSURANCE OP ID EH I DATE (MMJOOf'(YYY) OTTER-l 05/06/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Che rry Creek Ins. Agency, Inc. ONLY AND CO NFERS NO RIGHTS UPON THE CERT IFICATE Suite 500 HOLDER . THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 5660 Greenwood Plaza Blvd . ALTER THE COVERAGE AFFORDED BY THE POLIC IES BELOW. Greenwood Village CO 80111 Phone: 303-799-0110 Fax: 303-799-0156 INSURERS AFFORDING COVERAGE NAIC# INSUREO INSURER A 11, .. HartIord In • .,ean". Group 22357 INSURER B Pinna col Assurance 41190 Ottertail Environmental INSURER C Suite 210 10200 West 44th Avenue INSURER 0 Wheat Ridge CO 80033 INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE I SSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POliCIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS LTR NS'R TYPE OF INSURANCE POLICY NUMBER t'D~'f~ IJ~rDt:cr»l{ DATE-(M~IfDm~N LIMITS ~NERAL L IABILITY EACH OCCURRENCE .2,000,000 A X ~ 3 MERCIAL GENERAL LIABILITY 34SBAPC7671 06/23/09 06/23/10 PRE MISES lEa oc:.wreoce) '300,000 r-CLAI MS MADE ~ OCCUR MEO EXP (Anyone persorl) .10,000 I-PERSONAL & ArN INJURY $ 2,000 ,000 ~L AGG~EFi ~R"; APnS PER GENERAL AGGREGATE $4,000 ,0 00 PRODUCTS-COMP~PAGG .4 ,000,000 X POLICY JECT LOG ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $2,0 00,000 A ANY AUTO 34SBAPC7671 06/23/09 06/23/10 (Ea aCCIdenl) I- ALL OWNED AUTOS BODILY INJURY l-• SCHEDULED AUTOS (Per person) ex HIRED AUTOS BODILY INJURY C"-S ~ NON-OWNED AUTOS (Per aCCldenl) I-PROPERTY OAMAGE • (Per aCCIdent) RAGE LIABILITY AUTO ONLY -EA ACCIDE NT S ANY AUTO OTHER THAN EAACC • AUTO ONLY AGO • EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE • P OCCUR D CLAIMS MADE AGGREGATE • • R DEDUCTIBLE • RETENTION , , WORKERS COMPEN SATION AND X ITORyOLI.ii's I lUi.' B EMPLOYERS' LIABILITY 4072127 07/01/09 07/01/10 .1 ,000,000 ANY PROPRIETORIPARTNERfEXECUTIVE El, EACH ACCIDENT OFFICERfMEMBER EXCLUDED? E l DISEASE -fA EMPLOYEE 51,000,000 II yes, descnbe under E L DISEASE -POLICY LIMIT '1,000,000 SPECIAL PROVISIONS below OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS CERTIFICATE HOLDER CANCE LLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Jefferson County Dept of DATE THEREOF , THE ISSUING IN SURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN Health and Environment NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Attn : Beth Lipscomb IMPOSE NO OBLIGATI ON OR LIABILITY OF ANY KIND UP ON THE INSURER, ITS AGENTS OR 1801 19th Street Golden CO 80401 REPRESENTATIVES. AurEE~ R~~~'i,ATIVE/ rfilA-f- cr'v ACORD 25 (2001/08) @ACORD CORPORATION 1988 Council Action Fonn August 9 , 2010 Page 2 requests of up to $700 ,000, which is $500,000 more than is usually allowed in a single grant request. PRIOR ACTION: Phase I and II of the 38 th and Kipling Park project are funded in 2009 and 2010 from the Jefferson County Joint Venture Grant program , a GOCO grant, the City Open Space Fund and the Conversation Trust Fund , which are lottery proceeds. As presented in the staff report on November 23,2008, this project was originally scheduled to be constructed in three phases in the years 2009, 2010 and 201 \. A contract for design development and construction drawings for Phase I and II of this project was awarded to Design Concepts, Inc. of Lafayette , Colorado, on January 12 ,2009. The construction contract was awarded on December 14,2009, and Phase I and II of the park are current I y under construction. FINANCIAL IMPACT: If awarded , the grant will be applied to Phase 1II of the project that is currently scheduled for construction in 20 II. The estimated park construction budget total for Phase III is $1,050,000 and is appropriated in the Conservation Trust Fund and Open Space Fund budgets in 20 I \. BACKGROUND: A successful GOCO grant award for this project will maximize the funds available for the construction of the park. By applying for a grant , the Open Space funds appropriated for this project can be leveraged as a match for the grant. The City received a 2009 grant from the GOCO in the amount of $200,000 for Phase II. This is the maximum amount that can be awarded under the GOGO Local Government Grant program. The City has also been awarded two Joint Venture Grants from Jefferson County Open Space in the amount of $275 ,000 for a total of $550,000. These funds will also be used as part of the grant application infonnation and represent a partnership in the project. If this grant is awarded, the December 8, 20 IO approval date will allow Phase III of the park design to begin in 2011 as planned. It will also allow the City to reduce the amount of Open Space and Conservation Trust funds appropriated for the construction of the park. RECOMMENDATIONS: Staff recommends applying for this GOCO Special Opportunity Grant for Phase III of the Discovery Park project. RECOMMENDED MOTION: "I move to approve Resolution No. 40-20 I 0 authorizing submittal of the application for a 20 II Special Opportunity grant to the State Board of the Great Outdoors Colorado for the construction of Phase III of Discovery Park." Council Action Form August 9, 20 10 Page 3 Or, "[ move to deny approval of Re so lution No. 40-2010 for the following reason(s): " REPORT PREPARED BY: Joyce Manwaring , Director of Parks and Recreation ATTACHMENTS: I. Resolution No. 40-20 I 0 2. Park Master Plan CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 40 Series of2010 TITLE: A RESOLUTION AUTHORIZING SUBMITTAL OF THE APPLICATION FOR A 2011 SPECIAL OPPORTUNITY GRANT TO THE STATE BOARD OF THE GREAT OUTDOORS COLORADO FOR THE CONSTRUCTION OF A SKATEBOARD PARK IN DISCOVERY PARK WHEREAS, the City of Wheat Ridge supports the Great Outdoors Colorado grant ap~lication for an amount of $700 ,000 for a skateboard park located at Discovery Park , 38 h and Kipling and ; WHEREAS, the City of Wheat Ridge recognizes the need for a skateboard park for the community ; NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , as follows : 1. The City of Wheat Ridge supports the grant application and has appropriated matching funds for a grant with Great Outdoors Colorado . 2 . The City of Wheat Ridge hereby authorizes the expenditure of funds as necessary to meet the terms and obligations of any grant awarded. 3 . The project site is owned by the City of Wheat Ridge and will be owned by the City of Wheat Ridge for the next 25 years . 4. The City of Wheat Ridge will maintain the skatepark in a high quality condition and will appropriate funds for maintenance in its annual budget. 5 . The City of Wheat Ridge has the ability to complete this project and has demonstrated this ability in "38 th and Kipling Park Phase II ," "A Playground for Stevens Elementary" in 2006 and "Manwaring Field/Creekside Park " in 2000 . 6 . The City of Wheat Ridge hereby authorizes the Mayor to sign the grant contracts with Great Outdoors Colorado . 7. This resolution is to be in full force and effect from and after its passage and approval. DONE AND RESOLVED this 9th day of August 2010 . Jerry DiTullio , Mayor ATTEST: Michael D. Snow , City Clerk Attachment 1 Council Action Form August 9, 2010 Page 2 (cash equivalent gift cards), recreation facility benefits (certain employee usage of the recreation center and classes at no charge to the employee), and take home of City vehicles (commuting benefit of non-emergency vehicles) to be taxable to employees. These taxable benefits to the employees, for the year 2010 and subsequent years will be properly reflected in their respective employee compensation. RECOMMENDATIONS: Staff recommends approving a supplemental appropriation in the amount of $7 ,206.84 to satisfY the City 's liability for the 2008 employment tax examination . RECOMMENDED MOTION: "I move to approve Resolution No. 42-20 I 0, a resolution amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $7,206.84 for the City's liability for the 2008 employment tax examination." Or, "I move to postpone indefinitely Resolution No. 42-20 I 0, a resolution amending the Fiscal Year 2010 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $7 ,206.84 to satisfY the City'S liability for the 2008 employment tax examination for the for the following reason(s) " REPORT PREPARED BY: Linda Stengel , Accounting Supervi sor ATTACHMENTS: 1. Resolution No. 42-2010 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42 Series of 2010 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2010 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $7,206.84 TO THE DEPARTMENT OF TREASURY INTERNAL REVENUE SERVICE (IRS) FOR THE PAYMENT OF 2008 EMPLOYMENT TAX EXAMINATION LIABILITY WHEREAS, the City was randomly selected by the Internal Revenue Service for the 2008 Employment Tax Examination ; and WHEREAS, the City has accepted the proposed changes of the 2008 Employment Tax Examination by the Department of Treasury Internal Revenue Service ; and WHEREAS, the issues documented by the IRS have been resolved for the fiscal year 2010 and subsequent years ; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the supplemental budget appropriation to the Department of Treasury Internal Revenue Service (IRS). B . The City Council authorizes the transfer of $7 ,206 .84 from the General Fund undesignated reserves to account # 01-610 -700-799 and amendment of the 2010 Fiscal Year Budget accordingly . DONE AND RESOLVED this 9th day of August 2010. Jerry DiTullio, Mayor ATTEST : Michael D . Snow , City Clerk Attachment 1 , , ~. City of , Wheat R.;!9ge ITE M NO: I '~I DATE: August 9, 2010 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 43-2010 - A RESOLUTION SUPPORTING THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) COMPREHENSIVE JOINT APPLICATION TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT PROGRAM. o PUBLIC HEARING o BIDS /MOTIONS I:8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: o ORDINANCES FOR I ST READING o ORDINANCES FOR 2ND READING DYES In June of 2009, the u.s. Department of Housing and Urban Development (HUD) joined with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) to form a "Partnership for Sustainable Communities." This federal partnership is focused on improving access to affordable housing, providing more transportation options, and lowering transportation costs while protecting the environment in communities nationwide . Several funding opportunities have emerged from the federal partnership, including HUD 's $100 million Sustainable Communities Regional Planning Grant (SCRPG) Program. This grant program will support multijurisdictional planning efforts that integrate housing , land li se, economic and workforce development, transportation , and infrastructure investments. The Denver Regional Council of Governments (DRCOG), Colorado Tomorrow Alliance (CTA), Metro Mayors Caucus (MMC) and Metro Area Co unty Commissioners (MACC) hav e taken the lead in bringing together a wide variety of partners to develop ajoint application for the SCRPG. V:IFormsl CAFtemplate Counc il Action Form August 9 , 2010 Page 2 This grant program provides a valuable opportunity for our region to leverage our investment in FasTracks and to build on the success of Metro Vision, the metro area's shared vision for the future that establishes a framework for coordinated land use, transportation and environmental planning across the region. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: The federal partnership described above is governed by a set of six "Livability Principles": 1. Provide more transportation choices 2. Promote equitable, affordable housing 3. Enhance economic competitiveness 4. Support existing communities 5. Coordinate and leverage federal policies and investment 6 . Value communities and neighborhoods Specifically, DRCOG, CTA, MMC and MACC are working with their partners to develop a "Centers and Corridors" proposal to fund the planning, financing , and implementation of transit- oriented development (TOO) and urban centers throughout the region, key elements of Metro Vision . The proposal builds on the draft Metro Vision goal of accommodating 50% of new housing and 75% of new employment in urban centers throughout the region, which in turn will support other current and draft Metro Vision goals including improving air quality, reducing VMT per capita, reducing greenhouse gas em issions, and conserving water. The proposal identifies two main tasks: • Augmenting Metro Vision to a) address the range of housing, economic development, environmental and other factors that are critical for successful transit-oriented and urban center development throughout the region, b) engage a w id e variety of stakeholders and create broad support for the regional vision, and c) more fully integrate the federal Livability Principles and s erve to direct federal funding toward regional priorities. • Focusing resources on local implementation efforts. Many local governments are struggling with "last mile" challenges associated with succe ssful transit- Council Action Form August 9, 2010 Page 3 oriented and urban center development, such as providing the urban infrastructure necessary to support compact development, preserving or creating affordable housing , and connecting residents with employment , shopping, recreation and other opportunities . Through the establishment of a stable and enduring "Metro Vision Implementation and Action Partnership," this grant would bring a wide variety of resources to bear on the overarching mission of helping local governments transform the vision into reality . DRCOG is asking local governments to pass resolutions that: • Support DRCOG 's submittal of a comprehensive joint application for the SCRPG, and • Commit to continue working collaboratively with DRCOG and stakeholders from across the region to refine and implement Metro Vision to achieve the outcomes envisioned in the Federal Livability Principles. RECOMMENDATIONS: Staff recommends supporting the DRCOG sustainable communities funding application by passing Resolution No. 43 -2010 . RECOMMENDED MOTION: "[ move to approve Resolution No. 43-2010 , a resolution supporting the DRCOG Sustainable Communities Funding Application ." Or, "I move to deny approval of Resolution No . 43-2010 for the following reason(s): " REPORT PREPARED BY: Heather Geyer, Interim Administrative Services Director ATTACHMENTS : I. Resolution No. 43-2010 2. DRCOG Talking Points TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 43 Series of 201 0 A RESOLUTION SUPPORTING THE DENVER REGIONAL COUNCIL OF GOVERNMENTS (DRCOG) COMPREHENSIVE JOINT APPLICATION TO THE US DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT'S SUSTAINABLE COMMUNITIES REGIONAL PLANNING GRANT PROGRAM. WHEREAS, on June 16 , 2009 , the U.S. Department of Housing and Urban Development (HUD), the U.S . Department of Transportation (DOT), and the U .S . Environmental Protection Agency (EPA) announced the Partnership for Sustainab le Communities (The Partnership) to reshape the Federal government's role in help ing achieve economically prosperous , healthy , environmentally sustainable and opportunity- rich communities; and WHEREAS , the Partnership seeks to foster such communities consistent w ith the following Livability Principles: A. Provide more transportation choices. Develop safe, reliable and economic transportation choices to decrease household transportation costs , reduce our nation 's dependence on foreign oil , improve air quality , reduce greenhouse gas emissions , and promote public health . B . Promote equitable, affordable housing. Expand location -and energy-efficient housing choices for people of all ages , incomes , races and ethnicities to increase mobility , and lower the combined cost of housing and transportation . C. Enhance economic competiveness . Improve economic competiveness through reliable and timely access to employment centers , educational opportun ities, services , and other basic needs by workers as well as expanded business access to markets . D . Support existing communities. Target funding toward existing communities through such strategies as transit·oriented , mixed-use development and land recycling -to increase community revitalization, improve the efficiency of public works investments , and safeguard rural landscapes. E . Coordinate policies and leverage investment. Align policies and funding to remove barriers to collaboration , leverage funding , and increase the accountability and effectiveness of all levels of government to plan for future growth , including making smart energy choices such as locally generated renewable energy F. Value communities and neighborhoods. Enhance the unique characteristics of all communities by investing in healthy , safe , and walkable neighborhoods - rural , urban or suburban ; and WHEREAS, the Denver Regional Council of Governments ' Board of Directors adopted a resolution affirming its support for the Partnership and agreeing to integrate the Livability Principles into ongoing and future Metro Vision discussions ; and WHEREAS, this new Partnership recognizes the need to support metropolitan scale , multi-jurisdictional solutions in meeting these Livability Principles ; and WHEREAS, the US Department of Housing and Urban Development (HUD) recently announced that it will award $100 million in grants as part of the Sustainable Communities Regional Planning Grant program ; and WHEREAS, the Denver Regional Council of Governments , the Metro Mayors Caucus, the Metro Area County Commissioners and the Colorado Tomorrow Alliance have facilitated a region -wide discussion with a wide range of stakeholders over the past three months to develop a regional proposal under this grant program; and WHEREAS, as an outcome of these discussions , the Denver Regional Council of Governments is now finalizing a grant application focused on 1) refining Metro Vision to attend to the Livability Principles and 2) providing financial support to advance the successful implementation of the Livability Principles at the local level ; and WHEREAS, the City of Wheat Ridge is a strong , committed member of the Denver Regional Council of Governments and is duly proud of the region 's long history of collaborative action on matters of regional concern for the collective betterment of the region as a whole . NOW, THEREFORE , BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. the City of Wheat Ridge strongly supports submittal of a comprehensive joint application for the Sustainable Communities Regional Planning Grants Program by the Denver Regional Council of Governments and commits to continue working collaboratively with the Denver Regional Council of Governments and stakeholders from across the region to refine and implement Metro Vision to achieve the outcomes envisioned in the Federal Livability Principles . DONE AND RESOLVED this 9th day of August 2010 . Jerry DiTullio , Mayor ATIEST: Michael D. Snow, City Clerk DRCOG's Comprehensive ,oint Application to HUD's Sustainable Communities Regional Planning Grant Program A Re qu es t for Lo c al Suppor t Background -federal partnership and availability of grant funding • In June of 2009, the U.S . Department of Housing and Urban Development (HUD) joined with the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Transportation (DOT) to form a "Partnership for Sustainable Communities ." • This federal partnership is focused on improving access to affordable housing, providing more transportation options, and lowering transportation costs while protecting the environment in communities nationwide . • The partnership is governed by a set of six "Livability Principles": 1. Provide more transportation choices 2 . Promote equitable, affordable housing 3 . Enhance economic competitiveness 4 . Support existing communities 5. Coordinate and leverage federal policies and investment 6. Value communities and neighborhoods • Several funding opportunities have emerged from the federal partnership, including HUD's $100 million Sustainable Communities Regional Planning Grant (SCRPG) Program. • This grant program will support multijurisdictional planning efforts that integrate housing, land use, economic and workforce development, transportation, and infrastructure investments . Alignment of grant funding with regional priorities • The Denver Regional Council of Governments (DRCOG), Colorado Tomorrow Alliance (CTA), Metro Mayors Caucus (MMe) and Metro Area County Commissioners (MACe) have taken the lead in bringing together a wide variety of partners to develop a joint application for the SCRPG. • This grant program provides a valuable opportunity for our region to leverage our investment in FasTracks and to build on the success of Metro Vision, the metro area's shared vision for the future that establishes a framework for coordinated land use, transportation and environmental plann i ng across the region . Working concept for a grant proposal • Specifically, DRCOG, CTA, MMC and MACC are working with their partners to develop a "Centers and Corridors" proposal to fund the planning, financing, and implementation of transit-oriented development (TOO) and urban centers throughout the region, key elements of Metro Vision . • The proposal builds on the draft Metro Vision goal of accommodating 50% of new housing and 75% of new employment in urban centers throughout the region, which in turn will support other current and draft Metro Vision goals including improving air quality, reducing VMT per capita, reducing greenhouse gas emissions, and conserving water. • The proposal identifies two main tasks : 1. Augmenting Metro Vision to a) address the range of housing, economic development, environmental and other factors that are critical for successful transit-oriented and urban center development throughout the region, b) engage a wide variety of stakeholders and create broad support for the regional vision, and c) more fully integrate the federal Livability Principles and serve to direct federal funding toward regional priorities. 2. Focusing resources on local implementation efforts. Many local governments are struggling with "last mile" challenges associated with successful transit-oriented and urban center development, such as providing the urban infrastructure necessary to support compact development, preserving or creating affordable housing, and connecting residents with employment, shopping, recreation and other opportunities . Through the establishment of a stable and enduring "Metro Vision Implementation and Action Partnership," this grant would bring a wide variety of resources to bear on the overarching mission of helping local governments transform the vision into reality . Importance of partnerships • To be eligible to apply for the SCRPG, DRCOG must demonstrate a commitment of support from local jurisdictions representing at least 50% of the region's population. • A successful application will make the region more competitive for future funding opportunities emerging from the federal partnership, by earning the region "preferred status." The grant announcement makes it clear that future funding will be tied to the planning efforts and implementation programs completed under the SCRPG. • The SCRPG is part of a larger shift away from formula-based funds to a nationally-c ompetitive funding process. This competitive focus requires greater regional coordination and prioritization of potential projects going forward. • Support and input from all of DRCOG's diverse membership will help ensure that grant-funded activities focus on the region's highest priorities and create widespread benefits for local communities throughout the region. • Strong partnerships are crucial not only to the development of a successful grant application, but also to successful completion of the work plan laid out in the application, and ultimately to the achievement of Metro Vision goals. What a commitment of support means • DRCOG is asking local governments to pass resolutions that 1. Support DRCOG's submittal of a comprehensive joint application for the SCRPG, and 2. Commit to continue working collaboratively with DRCOG and stakeholders from across the region to refine and implement Metro Vision to achieve the outcomes envisioned in the Federal Livability Principles. Council Action Fonn -Towing and Impounding Services August 9, 2 0 I 0 Page 2 FINANCIAL IMPACT: There is no financial impact to the City. The financial impact is the responsibility of the owners of the vehicles being towed. RECOMMENDATIONS: Staff recommends Council approval of the motion . RECOMMENDED MOTION: "I move to approve the renewal and rate in crease of RFP-07-32 Towing and Impounding Serv ices to Connolly's Towing, Inc., Arvada, CO ." Or, "I move to deny the contract renewal and rate increase of RFP-07-32 Towing and Impounding Services to Connolly's Towing, Inc., Arvada , CO for the following reasons: " REPORT PREPARED BY: Jim Lorentz, Division Commander Linda Trimble, Purchasing Agent ATTACHMENTS: 1. RFP-07-32 Amendment #2 CITY OF WHEAT RIDGE AMENDMENT TO RFP-07-32 TOWING SERVICES AGREEMENT AMENDMENT #2 , August 09 , 2010 : Pursuant to the original contract with CONNOLLY'S TOWING INC., located at 5702 W. 60 th AVENUE, ARVADA, CO 80003, regarding the above project, the City hereby authorizes this amendment to the contract as follows : 1. Article 2-Term : Term shall be extended for one year effective through August 08, 2010 . 2 . Article 3-Payment: Increase heavy duty wrecker and a Landoll trailer from $200 .00 per hour to $250 .00 per hour. In Witness whereof, the parties hereto have executed or caused to be executed by their duly authorized officials , this Amendment in two (2) original copies , each of which shall be deemed an original on the date first written . "CITY " CITY OF WHEAT RIDGE 7500 WEST 29 TH AVENUE WHEAT RIDGE, CO 80033 By: Jerry DiTullio , City Mayor Attest to Owner: Michael Snow , City Clerk Approved As to Form : Gerald Dahl , City Attorney Attachment 1 "CONTRACTOR " CONNOLLY'S TOWING INC . 5702 W. 60 TH AVENUE ARVADA, CO 80003 By : Authorized Signature Print Name Title Date ATTEST TO CONTRACTOR: Signature J :\Co uncii Ac tion Fo nn s\20 10 Co wl c il Actio n Fomls\I00809 Att ac h me nt Towi ng RFP .doc Council Action Form August 9, 2010 Page 2 Annual agreements are to be executed upon approval and shall be effecti ve through August 20 II with three one-year renewal options. If the firms perform satisfactorily and maintain their original rates, renewals do not require City Council approval. PRIOR ACTION: None FINANCIAL IMP ACT : No funding will need to be identified or utilized with this annual agreement. Projects are issued on an as-needed basis . Billing rates of various positions are provided by each firm. BACKGROUND: When the Public Works Department was re-organized in 2003 , Staff capabilities were greatly reduced. An on-call engineering, surveying and architecture system was put in place to allow quick access to technical assistance . Firms are selected every four years and placed under contract to act as an extension of staff on an as-needed basis for small work efforts. RECOMMENDATIONS: Staff recommends award for annual agreements to the nine selected firms, based on best qualifications and relevant expertise . RECOMMENDED MOTION: "I move to award SOQ-l 0-03 On-Call Architectural, Engineering and Related Consulting/Design Services to Barker, Rinker, Seacat Architecture, OZ Architecture, Design Concepts, Inc., Norris Design, MatrinlMatrin Consulting Engineers, Muller Engineering Company, Felsburg, Holt & Ullevig, MK.K. Consulting, and Wiss, Janney, Elstner Associates, Inc. on an as-needed basis for one year with the option to renew for two one-year renewals. Hourly rates are firm through August 2011 for projects under $25,000." Or, HI move to deny award of SOQ-I 0-03 On-Call Architectural, Engineering and Related Consulting/Design Service for the following reason (s) _____________ _ REPORT PREPARED BY : Steve Nguyen, Eng ineering Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent A TT ACHMENTS : I. Professional Services Agreement " 2. Fee Schedules for each of the Nine Firms (Exhibit Is) • • < ,'. Ci ty of p WheatRl.-dge SOQ-10-03 ON-CALL ARCHITECTURAL, ENGINEERING, MECHANICAL DESIGN SERVICES THIS AGREEMENT made this day of AUGUST 2010 , by and between the City of Wheat Ridge, Colorado, hereinafter referred to as the "City " or "Owner" and DESIGN CONCEPTS CLA, INC. OF 211 NORTH PUBLIC RD, SUITE 200, LAFAYETTE , a Colorado Corporation , hereinafter referred to as the "Consultant". WITNESSETH, that the City of Wheat Ridge and the Consultant agree as follows : ARTICLE 1 -SERVICES The Consultant shall serve as the City 's Consultant and provide as a minimum all of the professional services associated with Landscaping as stated in SOQ-10 -03 ON·CALL ARCHITECTURAL, ENGINEERING, MECHANICAL DESIGN SERVICES, as more fully described in the Request For Proposal and the Consultants response (Exhibit I), attached hereto and incorporated herein by reference . ARTICLE 2 -TERM The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Consultant has been authorized to proceed by the City . Term is for one year with the options to renew for and additional three one- year periods . ARTICLE 3 -PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto, that the City shall pay the Consultant for services provided and the Consultant shall accept payment in accordance to the fee schedule , Exhibit 1. A. Invoices Invoices will be submitted by the Consultant, on the City's payment form , monthly for services performed and expenses incurred pursuant to this Agreement during the prior month . The processing of payment will be expedited by the Treasurer's Office through proper accounting procedures . Payment will be made to the Consultant within thirty (30) days of the receipt of the approved invoices for services rendered . The payment form shall be provided by the requesting department at the kick-off meeting . B. Funding There is in effect within the City of Wheat Ridge , Colorado , a provision of the City's Code of Laws 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 award . The consultant is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge , which was enacted pursuant to Ordinance 787 , Series of 1989, and expressly incorporated herein . This contract is specifically subject to the provisions of said Ordinance and adopted Code Section . Attachment 1 ARTICLE 4 -INDEPENDENT CONTRACTOR In performing the work under this Agreement , the Consultant acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance , person injury and property damage insurance , as well as errors and omissions insurance. The Consultant, as an independent contractor , is obligated to pay federal and state income tax on monies earned . The personnel employed by the Consultant are not and shall not become employees, agents or servants of the City because of the performance of any work by this Agreement. The Consultant warrants that it has not employed or retained any company or person , other than a bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any commission , percentage , brokerage fee , gifts , or any other consideration , contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty , the City will have the right to annul this 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 5 -INSURANCE In accordance with Article 4 above , the Consultant shall furnish a certificate of insurance upon notification of award and prior to performance . Work shall not commence under this Agreement until the Consultant has submitted to the City and received approval thereof, a certificate of Insurance showing compliance with the following minimum types and coverages of insurance . Type of Insurance Standard Workers' Compensation & Employers' Liability Including Occupations Disease Coverage Comprehensive General Liability Insurance Comprehensive Automobile Professional Liability (errors and omissions) Minimum Limits of Liability Statutory in conformance with the compensation laws of the State of Colorado $250,000 each person ; $2 ,000,000 each occurrence $250 ,000 each person ; $1 ,000,000 each occurrence All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured . Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act , sections 24-10- 101 , C.R.S ., as amended . ARTICLE 6 -INDEMNIFICATION The Consultant agrees to indemnify and to hold the City and its agents harmless for , from and against any and all claims , suits, expenses, damages or other liabilities, including reasonable attorney fees and court costs arising out of damage or injury to persons , entities , or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement. ARTICLE 7 -CHANGE ORDERS OR EXTENSIONS The City may , from time to time , requ i re changes in the scope of services of the Consultant to be performed herein . Such changes , including any increase or decrease in the amount of the Consultant's compensation , must be mutually agreed upon in writing by the City and the Consultant. The Consultant shall be compensated for all authorized changes in services , pursuant to the Request for Proposal , or if no provision exists , pursuant to the terms of the Change Order. ARTICLE 8 -EQUAL EMPLOYMENT OPPORTUNITY The Consultant shall not discriminate against any employee or applicant for employment because of age, race , color, religion , sex , or national origin . The Consultant 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 . The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices provided by the local public agency setting forth the provisions of this nondiscrimination clause . The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials . ARTICLE 9 -CHARTER. LAWS AND ORDINANCES The Consultant at all times during the performance of this Agreement , agrees to strictly adhere to all applicable Federal, State and Local laws , rules , regulations , and ordinances that affect or govern the work as contemplated under this Agreement. ARTICLE 10 -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 performance of this contract is with the District Court of Jefferson County , Colorado . ARTICLE 11 -TERMINATION The Consultant acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures, acts , or omissions including but not limited to re-procurement costs , insufficient or improper work . The City and the Consultant agree that this Agreement may be canceled for cause by either party with a fifteen (15) day prior written notice . The cost of completing the portion of the work , which remains unperformed at the time of such termination , shall be deducted from the contract price before payment is made . The City may terminate the Agreement for its convenience upon thirty (30) days written notice . In the event of such termination , the consultant will be paid for all work and expenses incurred up until the time of such termination . All work accomplished by the Consultant prior to the date of such termination, shall be recorded and tangible work documents shall be transferred to and become the sole property of the City , prior to payment for services rendered . ARTICLE 12 -NOTICES IN WRITING For the City: Steve Nguyen , 7500 W 29 TH AVENUE . WHEAT RIDGE , CO 80033 Phone 303 .235 .2862 Fax 303 .234 .5924 For the Consultant: Carol Henry , 211 NORTH PUBLIC RD , STE 200 , LAFAYETIE, CO 80026 Phone 303-664-5301 Fax 303-664-5313 ARTICLE 13 -ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Consultant arising hereunder cannot be assigned , delegated , nor subcontracted except with the express written consent of the City . The subcontractors permitted by the City shall be subject to the requirements of this Agreement , and the Consultant is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Consultant shall be responsible for the performance of any subconsultant. ARTICLE 14 -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 15 -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 affect 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 an authorized representative of the City and the Consultant. ARTICLE 16 -AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement , to grant the rights granted herein and to perform the duties and obligations described herein . Dated this ____ Day of ____________ , 2010 IN WITNESS WHEREOF , the parties hereto have executed , or caused to be executed by their duly authorized officials , this Agreement in two (2) copies, each of which shall be deemed an original on the date first written above. ATIEST TO OWNER: OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE , CO . 80033 (303) 234-5900 MICHAEL SNOW, CITY CLERK (Seal) APPROVED AS TO FORM : GERALD DAHL, CITY ATTORNEY (SEAL) ATTEST TO CONSULTANT: NAME TITLE DATE JERRY DITULLIO , CITY MAYOR CONSULTANT COMPANY NAME ADDRESS SIGNATURE TITLE PRINT NAME PHONE NUMBER EXHIBIT 1 I III I Ua rl uo.,:k S Hl'~f lknwf, C l'Il o rad., K020 ~ P .303.1:192.1 \(,6 F JOJ.1W2.1 11'>(, May 12, 20 10 ~ NORJ~.IS DESIGN ~n if'l9 l l and scape A rch~ecill re RE: SOQ·10·0 3 Ar chit ect ura l, En gin eer ing, l andsca pe, Mec hanica l and Roo fing Se rvi ces -Sche dul e of Rates Li nda Trimb le an d Amy Vandenneer, Per your reques t, Norr is Design's schedu le of ra tes by position is as follows: Prin ci pal Planner/Landscape Architect Graphic Designe r Cle rica l $100.00· $1 1 O/Hou r $6 5.00· $SO .OOlHou r $60 .00 • BO.OOlH our $35.00/Ho ur Than k you fo r the oppo rt un ity and we look forward to ou r conti nued relations hip wi th the City of Whea t Ridge . Sin ce rely , Norri s Des ign ~ Jon Se ier, Principa l PER EMAIL DATED 06/30/10, REVISED RAT ES AS FOLLOWS : PRINC I PAL -$120.00 SEN1 0R PLANNER/ LANDSCAP E ARCHITECT -$90.00/ Hou r PLANNER/ LANDSCAPE ARCHITECT -$75.001 Hour JIlI/1II~ IIorriJ-drsig ll .ca/ll On H,(,/, CO + Chirrt!!ll, l L + FriSlo', c o + PIIII (ui x, AZ + Jiu s"". A7. Attachment 2 EXHIBIT 1 BILLING RATES -JANUARY 2010 CLASSIFICATION 1. Consu~ant (legal and expert witness only) 2. Principal 3. Engineer E-7, Designer 0-7, Tech T-4, Administrator A-7 4. Engineer E-6, Designer 0-6, Administrator A-6 5. Engineer E-5, Designer 0-5, Tech T-3, CADD Operator C-4, Administrator A-5 6. Engineer E-4, Designer 0 -4, Administrator A-4 7. Engineer E-3, Designer 0-3, Tech T-2, CADD Operator C-3 8. Engineer E-2, Designer 0 -2, Administrator A-3 9 . Engineer E-1, Designer 0-1, CADD Operator C-2, Administrator A-2 10 . Tech, T-1 11. Administrator A-1/C-1 EXPENSE POLICY -~ MKK) [ONSUlTING ENGINEERS , INC "-...SO ",-'/ YEARS RATE PER HOUR $220.00 165 .00 130 .00 115 .00 105 .00 95 .00 85.00 80.00 75.00 65.00 60.00 When subcontracted third party professional services are required and authorized by the Client , the Engineer will be paid the third party compensation plus an administration charge of 15% of the th ird party compensation for such professional services engaged by the Engineer for the project. Reimbursable expenses are in addition to Basic Compensation and include costs incurred by the Engineer and Engineer's Consultants in the interest of the project. Reimbursable expenses will include an administration charge of 15% of the expe nse cost. These expenses are identified as follows: a. Transportation expense in connection with the project, authorized out-of-town travel expenses, long distance communications, and fees paid for securing approval of authorities having jurisdiction over the project. b. Expenses of reproductions (except for coordination prints), postage , deliveries and handling of Drawings, Specifications and other documents. c. Expense of additional insurance coverage or limits, including professional liability insurance, requested by the Client in excess of that normally carried by the Engineer and Engineer's Consultant. These rates are current and applicable only through December 31, 2010 . DENVER 7600 L Or(hc)rd Road, Suite 2S0-S • Grfl'nwood Vill<lge, CO 80111-2518 · main: 303.796 .6000 fax : 303.796 .6099 www.mkkeng.com i I 6 .1 ARCHITECTURE URBAN DESIGN INTERIOR DESIGN REIMBURSABLE EXPENSES -Base Cost (Reviewed Semi-annually) Effective 01/01/10 TRAVEL Vehicle Mileage Airfare Vehic le Rental Lodg ing Per-Diem PRINTS & PLOTS -LARGE FORMAT 18 x 24 -36x48 Vellum Mylar RED LINE SCANNING & PRINTING Scanning 18 x 24 -36x48 Printing red li nes Large Format PHOTOCOPIES / PRINTS Black and White 8 .5 x 11 Black and White 8.5 x 14 Black and White 11 x 17 Laser Color Prints 8.5 x 11 Laser Color Prints 8 .5 x 14 Laser Color Prints 11 x 17 Large Format Color SCANNING Black and White per page -small format Color scanning per page -small format Large Format Black & White Large Format Color Scanning MISCELLANEOUS DVD MASTERING DVD BURN CD's GBC Punch & Binding GBC Binding Cover stock Fax Transmiltal Parking Film/Disposable Camera Videoconferenc ing Postage Supplies Long Distance and Cellular Telephone Calls Courier Service '! 1~,~Utrl "'w I t.I I , " •. ' .. ".r ,.,"""', ,.,r, '. "'".~ ... ,~,."h .. , .... ;';\!llf>.Mlll .~",,'.,,',., ... ~_,,·~ 1<"., .... ,~~ DENVER BOUUX' COLORADO SPRINGS LAS VEGAS LAKE TAHOE U.S. Federal Rate 50 .0 cUmi le At Cost At Cost At Cost At Cost DENVER :3011 HURON SlREET .20 sq ft .60 sq ft 1.50 sq It .2 0 sq ft 1.5 0 sq ft. .08/copy .OB/copy .OB/copy 1 .0 0/copy 1.00/copy 1.S 0/copy 8 .00/per sq ft .0 8/page 1.00/page 4.00/page B.OO/Page 25.00/original 25 .00/each 10 .00/each 1 .75/each 3.50/page 1.00/each At Cost 10.00/roll 110.00/Hr At Cost At Cost At Cost At Cost DENVER, COLOII.ADO 110202 PHOME: 301.861.5704 FIIJ(.;. lOJ.!f>1.91lO WWW.OZARCH.COM I I I I I Ordinance Amendin g Cod e of Laws -Ac cesso ry Structures Augu st 9, 2010 Page 2 Planning Commission recommended approval of the proposed ordinance at a Public Hearing on June IS, 20 I 0, with the condition that staff clarify if owners would be able to apply for a variance in one or both of the following cases: (I) if an owner with either industrial or commercial zoning would like to apply for more accessory structures than permitted ; and (2) if an owner in a commercial zone district would like to have a shipping container. Staff researched this issue and confirmed with the City Attorney that a variance request would not be possible for either option. Section 26-IIS.C of the current code, pertaining to variances, states that variance requests only apply to certain development standards within the code, not including the supplementary standards in Article VI , where the accessory structure regulations are located. FINANCIAL IMPACT: It is not expected that the proposed code amendment to allow accessory structures on commercial and industrial properties would have a direct financial impact for the City . However, approval of the ordinance would enable many business owners to invest in their property , contributing to business retention and economic development within Wheat Ridge. BACKGROUND: Chapter 26 of the Wheat Ridge Municipal Code does not allow any property with commercial or industrial zoning to have an accessory structure on site. This provision has been in place since 200 I. There are numerous commercial and industrial property owners in Wheat Ridge who have expressed interest in building an accessory building, most often to meet storage needs . Currently, the only option for such owners is to receive a Temporary Use Permit, which lasts for a maximum of one-year only, or to add on to the primary building, which is often cost-prohibitive. There are some. commercial and industrial properties in the City that already have legal nonconforming br illegal accessory structures, often shipping containers , on their property . A provision in the code allowing for accessory structures in commercial and industrial zones would provide a viable, legal, and affordable option for property owners to construct accessory buildings. Several jurisdictions in the Denver metro area allow for accessory structures on commercial and industrial properties. Of 12 local municipalities researched hy staff, II allowed for accessory buildings within commercial and industrial districts. Most jurisdictions include regulations on the size, maximum number, placement, and design of accessory structures to ensure that they do not dominate a property or have an aesthetic impact on neighboring properties and adjacent streets. RECOMMENDATIONS: The intent ofthe attached ordinance is to provide a viable, legal option for property owners in industrial and commercial zone districts to build accessory structures on their property . This will serve the needs of existing and future business owners for on-site storage and parking. The proposed ordinance would set minimum standards for accessory buildings to ensure that they are appropriately placed and designed and that they do not have a negative vi s ual impact on the surrounding area . Ordinance Amending Code of Law s -Ac cess ory Structures Augu s t 9, 20 \0 Page 3 The proposed regulations include the following items: • Size limit: the total floor area of all accessory structures may not exceed 50% of the floor area of the primary structure. In no case mayan individual accessory structure exceed 500 square feet. • Maximum number: One for commercial districts; two for industrial districts • Location: May only be located in the required rear or side yard areas (not allowed in side yard areas adjacent to a public right-oF-way) • Required setbacks : 5-feet side; I O-feet rear • Minimum required building separation: per building code • Maximum height: 12 feet • Materials: the structure must have materials that are architecturally compatible with the primary structure • Storage units/shipping containers: o Not allowed in commercial districts o Maximum of one allowed in industrial districts , but must be screened by a wall or opaque fence that is at least as tall as the unit (maximum of 8 feet tall) Based on input from City Council at the May 17th Study Session, the proposed ordinance includes the option to construct a small accessory structure -120 square feet or less -that is not required to have materials compatible with the primary structure. These structures could be composed of any material except metal and would allow a business owner to keep a small shed for storage on their property . RECOMMENDED MOTION: "I move to approve Council Bill No. 14-2010, Case No. ZOA-IO-03 , an ordinance amending Chapter 26 of the Code of Laws concerning accessory structures on properties with conunercial or industrial zoning, on second reading and that it take effect 15 days after final publication . Or, "I move to postpone indefinitely Council Bill No. 14-2010, Case No. ZOA-I 0-03, an ordinance amending Chapter 26 of the Code of Laws concerning accessory structures on properties with commercial or industrial zoning, for the following reason(s) " REPORT PREPAREDIREVIEWED BY: Sarah Showalter, Planner n Meredith Recker!, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: l. Council Bill No. 14-2010 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMOTT COUNCIL BILL NO. 14 ORDINANCE NO . ___ _ Series 2010 TITLE: AN ORDINANCE AMENDING ARTICLES II AND VI OF CHAPTER 26 CONCERNING ACCESSORY BUILDINGS ON PROPERTIES WITH COMMERCIAL OR INDUSTRIAL ZONING WHEREAS , the City Council of the City of Wheat Ridge is authorized by the Home Rule Charter and the Colorado Constitution and statutes to enact and enforce ordinances for the preservation of the public health, safety and we lfare ; and WHEREAS , the City Council of the City of Wheat Ridge finds that there is a need to allow for accessory buildings and structures on properties with commercial or industrial zoning , NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Section 26 -204 of the Code is amended to read : Sec . 26-204. Zone district use schedule . A. The following schedule of permitted and special uses allowed within the various zone districts is hereby adopted and declared to be a part of this Code and may be amended in the same manner as any other part of this Code . In each zoning district, any uses not expressly permitted (P) or allowed as a special use (S), o r as an accessory use (S) shall be deemed to be excluded. The director of community development shall render the final administrative decision concerning the scope , application and meaning of the terms in this section . B . The director of community development has authority to determine that a use not specifically listed as permitted , allowed as a special use or an accessory use should be so permitted or allowed on the basis of its being similar to a listed use, compatible in character and impact with other uses in the zone district, consistent with the intent of the district , and which would not be objectionable to nearby property by reason of odor, dust, fumes , gas , noise, radiation , heat, glare, vibration , traffic generation , parking needs , outdoor storage or use , or is not hazardous to the health and safety of surrounding areas through danger of fire or explosion. The director's decision may be appealed to the board of adjustment. C. Upon application or on its own initiative , the city council may by ordinan ce add to the uses listed for a zone district , conforming to the conditions set forth in th e follow ing special findings: Attachment 1 1. Such use is appropriate to the genera l physical and environmental character of the district to which it is proposed to be added , and 2. Such use does not create any more hazard to or alteration of the natural environment than the minimum amount normally resulting from the other uses permitted in the district to which it is added , and 3 . Such use does not create any more offensive noise , vibration , dust, heat , smoke, odor, glare , or other objectionable influences or more traffic hazards than the minimum amount normally resulting from the other uses permitted in the district to which it is proposed to be added, and 4 . Such use is compatible with the uses existing and permitted in the district to which it is proposed to be added at the time of adoption . TABLE INSET: Commercial and Industrial District Accessory Uses Accessory buildings and structures Electric transmission or other public utility lines and poles, irrigation channels , storm drainage and water supply facilities Food services Residential uses in commercial zones Outside storage or display Key: P = Permitted Principal Uses S = Special Uses Notes See § 26-625 Primarily for the occupants of a building containing a permitted use when located within the same building See § 26-626 See § 26-631 (Ord . No . 2001-1215, § 1, 2-26-01; Ord . No . 1273, § 2,1-13-03 ; Ord . No. 1274, § 2,1 - 13-03; Ord . No. 1288, §§ 1, 2, 5-12-03 ; Ord. No . 1301 , §§ 2--4 ,7-28-03 ; Ord . No . 1302, §§ 4--6,7-28-03; Ord . No . 1313 , § 10 ,10-27-03 ; Ord. No. 1322, § 1, 5-10-04 ; Ord . No . 1348 , § 1, 7-11-05; Ord. No . 1370, § 1, 8-28-06; Ord. No. 1375, §§ 1, 2,10-24-06; Ord . No . 1387, § 2, 6-11-07; Ord. No . 1413, §§ 2,3,6-9-08) Section 2: Section 26-625 of the Code is amended to read: Sec . 26-625. Accessory buildings and structures. A. Purpose and scope. The purpose of this section is to allow accessory buildings that are incidental and subordinate to the principal use and structure on a property and to set forth standards that help to minimize adverse impacts of these buildings on adjacent property . The purpose of this section is also to allow flexibility to construct accessory buildings on challenging properties relative to size and existing physical improvements while minimizing adverse impacts on surrounding properties . The terms building and structure are used interchangeably in this section and all regulations herein apply to buildings and structures, irrespective of the term used. B . Applicability. All accessory buildings en residentially zened preperty shall be subject to the provisions set forth in this section, and those in sections 26-205 to 26 214 26-220 (residential and agrisllltllral (zone district regulations). In the event of a conflict between the accessory building standards in this section and any other requirements of this Code , this section shall control. C . Accessory building standards for residential and agricultural zone districts 1. General standards . a . Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building. ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable . b . Size and height. The size and height of accessory buildings shall be as set forth in the residential and agricultural zone district regulations, as applicable, in sections 26-205 to 26-214 . c. Miscellaneous provisions. I. Metal accessory building restriction. Metal accessory buildings over one hundred twenty (120) square feet are not permitted in any residential zoning district. Frame-built residential accessory structures over one hundred twenty (120) square feet in size may be allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard . Vertically placed vinyl-clad siding is not allowed. II. Buildings housing animals. Any building that houses animals , except a residence, shall be setback a minimum of fifteen (15) feet from property lines and at least thirty (30) feet from a residential structure on an adjacent property, except as otherwise specified in any zone district. iii. Gates and guard houses. Gates and guard houses are only allowed as part of an approved planned development. IV . Dwelling unit restriction. Except as otherwise expressly allowed , no dwelling unit shall be located in any accessory. 2 . Major and minor accessory buildings. Major and minor accessory buildings shall be as defined in sections 26-205 to Section 26 -214 based on size and height. 3. Allowable setback encroachments for accessory buildings. Accessory buildings may encroach into required setbacks as set forth below: a. Front yards and side and rear yards abutting public streets . Where an existing principal building that lawfully existed at the time of the adoption or amendment of this section encroaches into a required front yard setback or a required side or rear yard setback abutting a public street , an accessory building may encroach into the required setback as follows , provided that there shall be no encroachment into the minimum sight distance triangle as set forth in subsection 26-603.B : I . Detached garages and carports. Detached garages and carports may build in line with the nonconforming principal building , as long as the detached garage is located behind the front or street-facing facade of the pr incipal building , except as follows : a) Where the garage door or main vehicular access is located parallel to the street , the setback cannot be between five (5) feet and eighteen (18) feet. The purpose of this regulation is to allow setback encroachments where there will be not be the poss ibility of vehicles parked in the driveway in conflict with public rights-of-way . (See Figure 26-625.1) 11_"ll ~I' j,~.;; 1 \11,,\,,1 'lllll,l, Ilhl" nhll1llll_ I h r 11.11\ 01 Co I I I":" ALLOWED ALLOWED b) Where the garage door or main vehicular access is located perpendicular to the street, the detached garage or carport may be built in line with the principal building . The purpose of this regulat ion is to allow setback encroachments where there w ill Be not be th e possibility of vehicles parked in the driveway i n conflict with public rights -of-way . c) Where the garage door or main vehicular access is located parallel to and accessed off of an arterial street , the detached garage may not encroach into the required setback . d) The community development director may require modified setbacks in these instances where there may be potentially hazardous conditions . ii. All other accessory buildings. Accessory buildings that do not have any vehicular access may build in line with the nonconform ing principal structure in front yards and side and rear yards abutting public streets , as long as the accessory building is located behind the front or st reet-facing facade of the principal structure. D. Accessory building standards for commercial and industrial zone districts 1. General standards. a. Location. i. No accessory building shall be located on a vacant lot devoid of any primary or main building. ii. No accessory building shall be located within any platted or recorded easement or over any utility, except as otherwise expressly agreed to in writing by the city or utility provider, as applicable. iii. Accessory buildings shall only be located in the side or rear yard. Accessory buildings may not be located in side yards that abut a public right-of-way. b. Maximum number. i. In commercial zone districts, a maximum of one accessory building shall be allowed. ii. In industrial zone districts, a maximum of two accessory buildings shall be allowed. c. Size. The total floor area of all accessory structures on a single property may not exceed 50 percent of the floor area of the primary structure located on that property. In no case maya single accessory structure exceed 500 square feet in floor area. d. Setbacks. i. The required side yard setback shall be a minimum of five feet. ii. The required rear yard setback shall be a minimum of 10 feet. e . Height. The maximum height of any accessory structure shall be twelve (12) feet. c. Materials. The accessory structure shall have exterior materials that are architecturally compatible with the primary structure, with the following exceptions: i. An accessory structure that is 120 square feet or less. Such accessory structures may not be constructed of metal, but are allowed to have metal siding as long as the material has a textured wood grain appearance similar to horizontal clapboard. Vertically placed vinyl-clad siding is not allowed. ii. On industrial zoned properties only, one or both of the allowable accessory structures may be industrial shipping containers or storage units that do not have exterior materials compatible with the primary structure. Such containers must be screened from view of adjacent properties and streets by an opaque wall or fence that is at least as tall as the container and that does not exceed eight (8) feet in height. E. Accessory buildings in Planned Development Districts. 1. Accessory buildings shall only be allowed in a Planned Development District if accessory structures are expressly permitted in the approved Outline Development Plan. All standards for accessory buildings in a Planned Development District shall be established in the approved Outline Development Plan. (Ord. No . 1448 , § 5, 8-24 -09) Section 3: Safety Clause. The City Council hereby finds , determines , and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health , safety and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determ ines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4: Severability; Conflicting Ordinances Repealed. If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of the ordinances in confl ict w ith the provisions of this ordinance are hereby repealed. Section 5 : Effective Date. This Ordinance shall take effect fifteen 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 0 on this 26th day of July, 2010 , ordered it published with Public Hearing and consideration of final passage set for Monday, August 9th, 2010 at 7 :00 p .m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colo rado , and that it takes effect 15 days after final publication READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to __ , this 9th day of August , 2010 . SIGNED by the Mayor on this 9th day of August , 2010 . ATTEST: Michael Snow, City Clerk First Publication: July 29 , 2010 Second Publication : Wheat Ridge Transcript: Effective Date: Jerry DiTullio , Mayor Approved As To Form Gerald E. Dahl , City Attorney Co uncil Action Form-Case No . ANX -I 0-0 2 August 9, 2010 Page 2 with the City. The area meets the annexation eligibility requirements established in the municipal Annexation Act. By incorporation into the oFficial City maps , the tracts will be zo ned A-I. PRIOR ACTION: A resolution finding the annexation in substantial compliance with CRS 31-12-107(1) and el igib le For annexation was passed on June 14,2010. A separate resolution was passed on June 28 ,2010 , modifying the public hearing date reFerenced in the original resolution For approval of the annexation petition. FINANCIAL IMPACT: None. These pieces of right-oF-way are already owned and being maintained by the City of Wheat Ridge . BACKGROUND: The Arvada Ridge development is property located at the northwest comer of 50 th and Kipling , in the City of Arvada and is a reg ional mixed-use development containing 56 acres. The development improvements included the relocation and construction of new Miller Street and W. 50 th Avenue extending from Kipling to Miller and improvements to the Kipling Street frontage adjacent to the development. All required right-of-way improvements associated with the development are in place. The territory is eligible to be annexed if the following criteria are met: 1. More than 50% of the private property owners of more than 50% of the land sought to be annexed signed the petit ion; 2. At least 116 oFthe boundary of land sought to be annexed is contiguous with the current City boundary ; 3 . That a community of interest exists between the area proposed to be annexed and the annexing municipality ; 4. That the area is urban or will be urban in the near future; and, 5. That said area is or is capable of being integrated with the annexing municipality . , The two parcels to which the annexation petition pertains are currently located in unincorporated Jefferson County but have been deeded to Wheat Ridge as right-of-way. The parcels, which combined are .79 acres in size , contain the acceleration/deceleration lane for Kipling from 51 st Place south to 50 th Avenue and the traffic signal pole at the entrance to Arvada Ridge from 50th Avenue . Pursuant to the lOA with the City of Arvada , the City of Wheat Ridge agreed to annex these remnant pieces of right-of-way . RECOMMENDATION: Adopt Resolut ion No. 37-2010 and Council Bill No. 12-2010 on second reading finalizing the annexation . C ounc il Ac ti o n Fo rm-Case No . ANX-I O-02 Au g ust 9, 20 I 0 P a ge 3 RECOMMENDED MOTIONS: RESOL UTION "I move to adopt Resolution No . 37-2010, a resolution making findings of fact regardin g the proposed annexation as being in substantial compliance with CRS 31-12-107(1 ) and eli g ible for annexation to the City of Wheat Ridge ." COUNCIL BILL "I move to approve Council Bill No. 12-2010, an ordinance approvin g an annexation to the C ity of Wheat Ridge on second reading and that it take effect upon recordation of the anne xati o n ordinance and map of the area annexed with the Jefferson County C lerk and Recorder as provided by C.R.S . 31-113 ." Or, RESOLUTION "I move to postpone indefinitely Resolution No. 37-2010 , a re soluti o n mak ing findin gs of fact regarding the proposed annexation as being in s ub s tantial compliance with C RS 31-12-1 07( I) and eligible for annexation to the City of Wheat Ridge , for the followin g reason(s): _____ ." COUNC IL BILL "I move postpone indefinitel y the adoption o f Council Bill No. 12-20 I 0 for the followin g reason(s ): " REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johns tone, Director of Community Deve lo pment ATTACHMENTS: I. Resolution No. 37-20 I 0 2 . Council Bill No. 12-20 10 3 . Annexation Map CITY OF WHEAT RIDGE, COLORADO Resolution No. 37 Series of 2010 TITLE: A RESOLUTION MAKING CERTAIN FINDINGS OF FACT REGARDING THE PROPOSED ANNEXATION OF TWO REMNANT PARCELS OF RIGHT-OF-WAY LOCATED IN THE EAST HALF OF SECTION 16, TOWNSHIP 3 SOUTH, RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF JEFFERSON, STATE OF COLORADO (CASE NO. ANX-10- 02/CITY OF WHEAT RIDGE) WHEREAS, the City Council of the City of Wheat Ridge , Colorado , has found a petition for annexation of the hereinafter described parcel of land to be in substantial compliance with the requirements of Section 31-12-107(1), Colorado Revised Statutes ; and WHEREAS, the City Clerk has provided notice of public hearing on the proposed annexation by publication once per week for four successive weeks and by certified mail to the Clerk of the Board of County Commissioners, the County Attorney , the school district and to any special district having terr itory in the area to be annexed ; and WHEREAS, the City Council has completed a public hearing to determine if the proposed annexation complies with Sections 31 -12-104 and 105 , Colorado Revised Statutes , to establish eligibility for annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE , COLORADO , AS FOLLOWS : That the City Council hereby finds and concludes with regard to the annexation of the territory described in Exhibit A attached hereto and incorporated herein, that not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the existing boundaries of the City ; and therefore , because of such contiguity , a community of interest exists between the territory proposed to be annexed and the City; the territory proposed to be annexed is urban or will be urbanized in the near future , and that the territory proposed to be annexed is integrated or is capable of being integrated with the City ; and BE IT FURTHER RESOLVED: That the City Council finds and determines that no land held in identical ownership has been divided or included without written consent of the owner thereof; that no annexation proceedings have been commenced by anothe r mun icipal ity ; that Attachment 1 the annexation will not result in the detachment of area from a school district, that the annexation will not result in the extension of a municipal boundary more than three miles ; that the City has in place a plan for said three mile area; and that in establishing the boundaries of the area to be annexed the entire width of any street or alley is included with the area annexed . BE IT FURTHER RESOLVED : That an election is not required and no additional terms or conditions are to be imposed upon the area to be annexed . RESOLVED AND PASSED by the City Council this 9th day of August , 2010. For: -------- Against _____ _ Abstain : _____ _ By ::---=--=-."..,---:-:-_____ _ Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 EXHIBIT 'A' CASE NO. ANX-10-02/S0TH & KIPLING STREET LEGAL DESCRIPTION A portion of the Ridge Home Annexation, Recorded at Reception No . 85089854 , consisting of Tracts 1, 2 and 4 , as platted in Arvada Ridge , according to the Recorded plat thereof, and a portion of Kipling Street, located in the east half of Section 16, Township 3 South, Range 69 West of the 6th P .M ., city of Arvada , County of Jefferson, State of Colorado , being described by the following two parcels : Parcel 1: Tracts 1 and 2 , Arvada Ridge , according to the recorded plat therefore, and a portion of Kipling Street , located in the east half of sa id Section 16 , being described as follows: Commencing at the east quarter corner of said Section 16 , and considering the east line of the SE1/4 of said Section 16 to bear South 00 °12'10" east , w ith all bearings contained herein , relative thereto ; Thence along said East line , South 00°12 '10 " East , 287 .00 feet to the northeast corner of said Tract 1, being on the boundary of said Ridge Home Annexation and the point of beginning; Thence along said Ridge Home Annexation boundary the following two courses: (1) Along said east line of the SE1/4 , South 00°12 '10 " East , 1010 .94 feet to the Northwesterly line of the Public Service Company easement. as described in Colorado State Board of Land Commissioner's Book 10 , R.O.W. No.1 049 ; (2) Thence along said Northwesterly line , South 73°52 '54 " West, 67 .80 feet to the westerly corner of said Tract 2 ; Thence departing said Ridge Home Annexation boundary , along the westerly boundary of said Tract 2 the following two courses: (1) Along a non-tangent curve to the left having a delta of 71 ° 40 '06 ", a Radius of 25 .00 feet, an arc of 31 .27 feet and a chord which bears north 38°02 '51 " east, 29 .27 feet ; (2) Then north 02°12 '49" east, 306 .77 feet to the East boundary of said Arvada Ridge; Thence along said East boundary the following two courses : (1) north 00° 14'00 " west , 65 .10 feet ; (2) thence along a curve to the right having a delta of 02°58 '17", a radius of 3859 .70 feet , an arc of 200 .16 feet and a chord which bears north 01°14 '30 " East, 200 .14 feet to the southerly corner of said Tract 1; 3 Thence along the westerly boundary of said Tract 1 the following two courses : (1) North 00°38'47" East , 346 .85 feet ; (2) Thence North 00°51 '51 " East, 90 .01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85°15 '17" East, 22.40 feet to the point of beginning . The above described parcel contains 0 .76 acres, more or less . Parcel 2: Tract 4, Arvada Ridge , according to the recorded plat thereof, Jefferson County, Colorado . The above described tract contains 0 .03 acres , more or less. 4 Commencing at the east quart e r comer of said Sec ti o n 16 , a nd c on sidering the east line of the SE1 /4 of said Se ction 16 to be ar South 00 '12'10 " eas t , with all bearings contained he rein , relative thereto ; Thence along said East lin e, South 00°12 '10" East , 287.00 feet to the northeast corner of said Tra c t 1 , being on the boundary of said Ridge Home Annexation and the point of beginning ; Thence along said Ridg e Home Annexation boundary the follo w ing two courses : (1)Along said east line of the SE1 /4 , South 00 °12 '10 " East , 1010 .94 feet to the Northwesterly line of the Public Service Company easement , as described in Colorado State Board of Land Commissioner's Book 10 , R.O.w. No. 1049; (2) Thence along said Northwesterly line , South 73°52 '54 " West, 67.80 feet to the westerly corner of said Tract 2; Thence departing said Ridge Home Annexation boundary , along the westerly boundary of said Tract 2 the following two courses: (1) Along a non-tangent curve to the left having a delta of 71 ° 40 '06 ", a Radius of 25 .00 feet, an arc of 31 .27 feet and a chord which bears north 38°02 '51 " east, 29 .27 feet ; (2) Then north 02 °12 '49 " east , 306.77 feet to the East boundary of said Arvada Ridge ; Thence along said East boundary the following two courses : (1) north 00° 14 '00 " west , 65.10 feet; (2) thence along a curve to the right having a delta of 02°58 '17", a radius of 3859 .70 feet , an arc of 200.16 feet and a chord which bears north 01°14 '30 " East , 200 .14 feet to the southerly corner of said Tract 1; Thence along the westerly boundary of said Tract 1 the following two courses : (1) North 00°38 '47" East , 346.85 feet ; (2) Thence North 00 °51 '51 " East , 90.01 feet to the northwest corner of said Tract 1; Thence along the north line of said Tract 1, South 85°15 '17 " East , 22.40 feet to the point of beginning. The above described parcel contains 0.76 acres, more or less. Parcel 2: Tract 4 , Arvada Ridge , according to the recorded plat thereof , Jefferson County, Colorado. The above described tract contains 0 .03 acres , more or less. Section 3 . Effective Date. This ordinance shall take effect upon recordation of the annexation map and ordinance. 2 INTRODUCED, READ , AND ADOPTED on first reading by a vote of 7 to 0 on the 28 th day of June, 2010 , 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, August 9, 2010, at 7:00 o'clock p.m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridg e, Colorado. READ , ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , thi s 9th day of August , 2010. SIGNED by the Mayor on this ____ day of ________ _ 2010. Jerry DiTulli o, Mayor ATTEST: Michael Snow, City Clerk Approved As To Form Gerald E. Dahl , City Attorney First Publication: __________ _ Second Publication: _________ _ Wheat Ridge Transcript: ________ _ Effective Date: ___________ _ 3 Seniors ' Resource Center Business Development Zone Program August 9, 20 I 0 Page 2 PRIOR ACTION: None FINANCIAL IMP ACT: The construction cost of$3.8 million would generate $101,779.48 in taxes and building permit fees . The applicant also paid a $500 subdivision plat fee which is also eligible for refund . The fmancial impact to the City will range up to that full amount of said fees based on the direction from City Council as to what percentage of the fees and taxes should be waived. BACKGROUND: Code of Laws Chapter 22 , Article I, Division 5, establishes an economic development tool known as the Business Development Zone Program (BDZP). The goal of the program is to encourage the development of private sector jobs, revitalize deteriorating areas of the Ci ty and encourage the development, redevelopment and expansion of businesses within the City. This tool allows the City Council to waive certain building permit fees and building use taxe s in association with construction projects that occur in established Business Development Zones. The tool is intended to be used to refund fees and taxes for projects that have the potential to generate additional future sales and use tax , OR that more generally provide substantial public benefit to the City. Participation in the program s hall be based on a propertylbusiness owner making application and City Council exercising its legislative discretion to approve an agree ment establishing what portion of fees and taxes will be refunded to the owner. Section 22-93 establishes that the C ity Council shall consider such an application at a public hearing after consideration of 5 criteria, which are discussed later in this report . The Seniors ' Resource Center is in the final stages of breaking ground on major expansion to their facility at 3227 Chase Street. The expansion is 17 ,000 SF and will significantly increase the level of services they are able to provide to the community. The SRC has applied for a refund of the fees and use taxes for the project under the BDZP. [n their letter of application (attached) they have outlined the full scope of the planned two-phase expansion, including a discussion of the short and long term public benefits of the expansion . The benefits that are discussed include: expanded employment, revitalization and storm water improvements, and service benefits based on expanded senior programs that will be able to be offered. Staff has evaluated the application relative the criteria stated in 22-93, which follows: I. The amount of expected incremental future sales and use tax revenue which can reasonably be anticipated to be derived by the City through the expanded or new tax generating business ; The SRC will not directly generate future sales and use tax . However, as di scussed in the application, th e expansion doe s have the potential to generate spillover sales and use tax increase s based on the following: construction Seniors ' Re source Center Business Development Zone Program Augu st 9, 20 I ° Page 3 payroll of$2.6M, increase in annual SRC payroll of $324,470, and increased traffic and activity based on their expanded capacity . 2 . The public benefits which are provided by the applicant through public works, public improvements, additional employment for City residents, etc.; As noted in the applicant's letter, employment will be expanded on a permanent basis and more significantly during the period of construction. The project also provides on-site storm water detention and storm water quality features, which help to improve the storm water drainage for the surrounding area, both by reducing runoff and improving water quality . This is particularly beneficial in an area of town lacking storm water infrastructure. 3. The amount, if any, of city expenditures which may be deferred based upon public improvements to be completed by the applicant; The project does not trigger a need for additional public improvements either on or off site , other than the on-site storm water facilities that are discussed above . 4. The conformance of the applicant's property or project with the comprehensive plan and zoning ordinances of the City; Envision Wheat Ridge strongly encourages reinvestment in areas of the City that are considered neighborhood revitalization areas. These areas are not mapped, but are defined as areas that exhibit characteristics such as higher crime rates, lower rates of home ownership, infrastructure needs and increasing maintenance problems. This part of the City exhibits some of these characteristics. Reinvestment and redevelopment is strongly encouraged in these areas and the proposed investment will represent a significant asset for this area. 5. The agreement required by section 22-94 hereof having been reached, which agreement shall contain and conform to all of the requirements of such section. The City Attorney 's office has drafted an agreement in compliance with the terms of the BDZP (attached). RECOMMENDATIONS: The investment proposed by the SRC will have significant positive impacts for the community , both economically and in their ability to provide services . As analyzed above, the application is in compliance with the majority of the criteria that are to be used by City Council in reviewing the applicat ion. This is a significant investment in a revitalizing area of town and will provide increased services to the Wheat Ridge senior population. The one evaluation criterion that is not met is the criterion related to generation of future sales and use tax. As the SRC is a non-profit, it does not directly generate sales and use tax. However, as noted in the application letter, there are anticipated sales and use tax benefits based on the spillover benefits of the project. Additionally, staff would note that the code provides the following : "The City Council may by % majority vote approve exceptions to the provisions of this division when such exceptions are found to be in the public's interest and such exceptions provide substantial benefit to the City." The agreement establishes that a total of $102,279.48 of fees and taxes are eligible to be refunded. However, the agreement does not establish what percentage of those fees should be refunded. The City will expend staff time conducting plan review and inspections on this Seni o rs' Reso urce C enter Busin ess Deve lo pm e nt Zo ne Program Aug us t 9, 20 10 Page 4 project. Based on a rough compari son to past projects of a similar nature , staff es timates a minimum of approximately $10 ,000 would be spent in staff time on plan review and in s pections. Those estimates do not include any administrative or other fixed costs . If C ouncil wi s hes to recover a portion of those expenses , it would be appropriate to consider a refund request of something less than 100%. In making a motion, City Council should design ate a fixed percent of fees to be waived through the agreement. Following are examples of the amount of fees that would be waived under four different scenarios: • 25% fee refund = $25 ,569.87 • 50% fee refund = $51 ,139 .74 • 75% fee refund = $76,709 .61 • 100% fee refund = $102 ,279.48 RECOMMENDED MOTION: Motion #1. "I move to designate Lot I, Block I , Seniors ' Resource Center Subdivision Plat a Bu sine ss Development Zone pursuant to Code Section 22 , Division 5." Motion #2. "I move to approve an Agreement to Participate with the Seniors ' Resource Center under the terms of the C ity 's Business Development Zone Program and set the amount o f the refund of the eligible fees and taxes at _ percent." Or, "I move to deny the Seniors ' Resource Cente r Business Development Zone Program for the following reason(s) " REPORT PREPARED BY: Ken Johnstone, Community Development Director A TT ACHMENTS: I . Agreement to Participate 2. Application Letter AGREEMENT TO PARTICIPATE IN THE CITY OF WHEAT RIDGE BUSINESS DEVELOPMENT ZONE PROGRAM This Agreement to Participate in the City of Wheat Ridge Bus ine ss Development Zone Program (this "Agreement") is made and entered into as of the __ day of ________ ,2010 , by and between SENIORS' RESOURC E CENTER, 3227 Chase Street, Denver, Colorado 80212 , hereinafter referred to as the "Owner" and the CITY OF WHEAT RIDGE, COLORADO , 7500 W. 29 th Avenue , Wheat Ridge , Colorado 80033 hereinafter referred to as the "City," collectively the "Parties," and each individually , as a "Party. " WHEREAS, the City has adopted as a portion of the Wheat Ridge Code of Laws ("Code") Chapter 22, Article I, Division 5, "Business Development Zone" (the "Program "), to encourage, in part, continued development and expansion of opportunities for employment in the private sector in the City; and WHEREAS , Owner has applied to participate in the Program; and WHEREAS , Owner is the owner and operator of real property and improvements thereon within the City and known as the "Seniors ' Resource Center," which center provides services to area senior citizens including, but not limited to adult day and respite care, transportation services and job training; and WHEREAS, pursuant to Code Sec. 22-86 (b), the City Council has designated the real property owned by the Seniors ' Resource Center as a "Wheat Ridge Business Development Zone"; and WHEREAS , Owner plans to construct additional facilities at the Seniors ' Resource Center, and following said construction , it anticipates the ability to offer increa se d services to area senior citizens ; and WHEREAS, while such increased services will not directly impact City revenue , the indirect benefits of having additional visitors to the area, providing valuable outlets and training for area senior citizens and providing for additional employment opportunities for those working for the Seniors' Resource Center (both during construction and as employees of the Center) are anticipated to be beneficial to the City; and WHEREAS, the Program allows the City to provide for the sharing of certain categories of fees , taxes and other business development-related charges for new development within the business development district ("Eligible City Fees, Charges and Taxes " as defined in Code Sec . 22-87 (2)) to the extent allowed by an agreement with a business owner ; and WHEREAS, cost-sharing at the rate prescribed herein will serve to aid the expansion of the Seniors' Resource Center in that it will alleviate a portion of the costs associated with the expansIOn. Attachment 1 NOW, THEREFORE, in consideration of the foregoing, and the covenants, promises , and agreements of each of the Parties hereto, to be kept and preformed by each of them , the Parties agree as follows: I. Recitals. The Recitals set forth above are incorporated in this Agreement by reference 2. Term. The term of this Agreement shall commence on September I , 20 I 0 and shall terminate August 31,2011 (the "Term"). Notwithstanding the foregoing, it is an express provision of this Agreement that this Agreement shall expire and be of no further force and effect upon the occurrence of the earlier to occur of: (I) expiration of the Term or (2) payment of the maximum amount to be shared as set forth in Paragraph 7 (whether or not the Term has expired), or (3) determination by the City of Owner 's default, as provided in Paragraphs 13 or 15. 3. The Project. The project proposed by the Owner through which it desires to participate in the Program consists of the following, generally: acquisition of new real property upon which to expand services provided by Owner, new building construction of approximately 17,000 square feet, such square footage to expand the size of Owner 's adult day program , to allow for the creation of a new community meeting room and to expand Owner's available services by approximately 30%. In addition, Owner 's existing facilities shall be remodeled. The foregoing shall be collectively referred to herein as the "Project," and is more fully described below at Paragraphs 4 and 8. 4. Representations of Owner. Pursuant to Code Sec. 22-94 , Owner hereby represents to the City the following: a. Improvements justifying Project approval. I. Revitalization of land. Once the Project is completed, it is anticipated to be an attractive 17 ,000 square foot addition to the neighborhood which will complement the architecture of the Owner's existing facilities . Further, with the increased space, Owner will be able to expand the services it offers to the community. 11. Storm water detention. The engineers and architects for the Project have developed a unique solution to storm water detention which has been approved by the City. Owner shall build a detention pond on the north side of the existing property and will surrOlmd the same with approximately three feet (3 ') of berm. 111. Estimated cost. The cost for the entire Project including the improvements described above is estimated to be $8 .7 million. b. Expected incremental future tax revenue. Owner operates a non-profit organization. Any incremental future sales and use tax revenue will be indirectly , not directly generated by 2 this Project. Benefits to the community which may generate future sal es and use tax indirectly have been identified by the Owner as follows : I. Short-term positive impact during construction . Prior to the completion of the Project, the construction period is projected to last ten (10) months . During that time, the general contractor and estimated thirty (30) subcontractors will employ approximately 160 individuals . The estimated construction payroll for completion of the Project is $2.4 million. ll. Long-term positive impact by addition of staff. With increased facilities and ability to increase services , Owner will employ more permanent staff. Specifically, it is estimated that permanent staff will be added both to Owner 's headquarters and to its volunteer program. It is anticipated that at the completion of the Project , fifteen (15) full-time employees will be hired , representing an additional payroll increase of $324,470 .00 . lli. Long-term positive impact through ability to provide additional services. Upon completion of the Project , it is estimated that Owner will have capacity to serve thirty percent (30%) more clients over the following five (5) years. Specifically in the City, Owner will be able to provide senior services to approximately 2 ,340 City seniors , which represents increased service to 540 additional seniors than can currently be served . The goal of the programming is to allow senior citi zens to remain in the community longer. IV. An indirect benefit will be continued shopping by the seniors and their friends and family in the area , likely contributing to the City 's tax base . v. A detailed list of anticipated benefits, is found in the letter dated June 11 ,2010 Owner 's president, John Zabawa, attached hereto as Exhibit A and fully incorporated by this reference as additional representation of Owner, upon which the City relies. 5. Personal agreement; non-transferable; no third party beneficiaries The cost-sharing of Eligible City Fees, Charges and Taxes as approved herein shall constitute a personal agreement between the City and Owner. The terms of this Agreement do not run with the land . The obligations, benefits and/or provisions of this Agreement may not be assigned in whole or in any part without the express authorization of the City Council. No third party shall be entitled to rely upon or enforce any provision hereof. 6. Agreement not to constitute debt or obligation of the City Nothing herein shall be construed to constitute a debt or obligation of the City . Notwithstanding any other provision of this Agreement to the contrary , the Parties unders tand and acknowledge that the City is subject to Article X, § 20 of the Colorado Constitution ("TABOR"). This Agreement does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and , therefore , notwith standing anything in this Agreement to the contrary , all payment obligations of the City are expressly dependent and 3 conditioned upon the continuing availability of funds beyond the term of the City 's current fiscal period ending upon the next succeeding December 31. Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted , and otherwise made available in accordance with ordinances and resolutions of the City and other applicable law. 7. Cost-sharing a. Estimated Eligible City Fees, Charges and Taxes . The following are estimates of the Eligible City Fees, Charges and Taxes which are the subject of the cost-sharing herein. 1. Use tax: $67,979.92; 11. Building permit and plan review fees: $33,799 .76; 111. Planning review fees: $500; IV . Total estimated Eligible City Fees, Charges and Taxes : $102,279.48. b. Expected Incremental Future Sales and Use Tax Revenue . The Expected Incremental Future Sales and Use Tax Revenue, as such term is defined in Code Sec. 22-87 (2), is $ 0.00. c . Cost-sharing . Pursuant to Code Sec. 22-88 , cost-sharing of the Eligible City Fees , Charges and Taxes may be granted up to the Expected Incremental Future Sales and Use Tax Revenue. However , it is anticipated that the Incremental Sales and Use Tax Revenue received from the Project is currently projected to be $0.00. Notwithstanding the foregoing, and in reliance upon the representation of Owner of the benefits to the City of the Project, the City and Owner agree to the cost-sharing for the Eligible City Fees , Charges and Taxes as follows: 100% of the Eligible City Fees, Charges and Taxes shall be due and paid to the City by Owner. Upon receipt thereof, the City shall refund _% of such Eligible City Fees, Charges and Taxes back to the Owner in 12 equal monthly installments over the 12 month Term described in Paragraph 2 herein. In no event shall the City be obligated to refund more than _% of eligible City Fees , Charges and Taxes received by it. 8. Legal challenge In the event of legal challenge to the Program as applied to Owner, any costs scheduled to be shared-back to Owner shall be escrowed until resolution of the dispute. 9. Waiver of Code requirements To the extent any requirements of Code Secs. 22-85 through 22-96 have been waived, such waiver has occurred pursuant to Code Sec . 22-93 (c) whereby the City Council has found 4 by a '!. majority vote that such waiver is in the public 's interest and will provide a s ubstantial benefit to the City. 10. No joint venture Pursuant to Code Sec. 22-95, nothing herein shall be construed to create a joint venture between the City and Owner. Notwithstanding any provision hereof, the City shall never be a joint venture in any private entity or activity which participates in the Program, and the City shall never be liable or responsible for any debt or obligation of any participant , including the Owner, in the Program. 11. Use offunds Pursuant to Code Sec. 22-89, Owner expressly acknowledges and agrees that any Eligible City Fees, Charges and Taxes refunded to the Owner under this Agreement, up to the amount agreed upon by the City Council pursuant to this Agreement may only be used for the purpose of the Project , as described in Paragraph 12, on Owner 's Property within the underlying business development zone. 12. Uses enumerated Pursuant to Code Sec. 22-90, the uses to which the Eligible City Fees , Charges and Taxes may be put by the Owner shall be strictly limited to those which are approved by the City Council and which relate directly to the Project within the City, which Project is anticipated to indirectly generate more municipal sales and use tax revenues for the City in the future . Uses hereby expressly approved by City Council are as follows: -1 7,000 square feet of new construction; -Remodeling of the Senjors ' Resource Center located in the City; -Coordinated Care Management Services: providing assessments , individual are plans , service delivery, emergency assistance, coordination of community resources and other programs, and is the entry point for victims ' assistance; Adult Day and Respite Care : providing services for seniors and adults with developmental disabilities and their families at five different sites; -Transportation Services : providing door-to-door rides to doctors, shopping, community centers , meal sites and appointments; In-Home Care Services : providing non-medical services such as cooking, house c1eanjng, feeding, shopping , laundry , and companjonshjp; -Volunteer Services: providing adult volunteers to assist seniors in day-to-day needs as well as information on personal safety; and/or -Job Training Services: providing on-the-job training and support for finding permanent employment for older adults in the job market. 13. No Covenant to construct or to operate The intent of this Agreement is to provide for Owner's participation in the Program , in the event that Owner completes the Project. Notwithstanding any provision in this Agreement to the contrary, Owner shall have no obligation under this Agreement to complete the Project. In 5 the event Owner fails to complete the Project, this Agreement may be terminated at the o ption of the City . 14. Remedies The Owner waives any constitutional claims against the City arising out of a breach of this Agreement. The Owner's remedies against the City under this Agreement are limited to breach of contract claims. In no event shall the City be liable for any form of damages, including without limitation: exemplary, punitive or consequential damages, including economic damages and lost profits. 15. Termination In the event Owner fails to comply with one or more of the terms of this Agreement, City may , in its sole discretion, terminate this Agreement. 16. Indemnification To the fullest extent permitted by law , Owner agrees to indemnify and hold the City harmless from any damage, liability or cost (including reasonable attorneys ' fees and cost of defense) to the extent caused by the Owner 's negligent acts , errors or omissions in the performance this Agreement and those of its sub-contractors, sub-consultants or anyone for whom the Owner is legally liable. To the extent permitted by the Colorado Constitution and statutes, the City agrees to indemnify and hold th e Owner harmless from any damage, liability or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the City 'S negligent acts , errors or omissions arising from this Agreement. These defense and indemnification obligations shall survive the expiration or termination of this Agreement. The Parties acknowledge that the provisions of this Paragraph are not intended to waive or alter any of the rights and defenses afforded to the City under the common law, the Colorado Governmental Immunity Act , C .R.S. §§ 24-10-10 I , el . seq. or any other law. 17. Severability If any part , term or provision of this Agreement or the Program is held by a court of competent jurisdiction to be illegal or in conflict with any law of the State of Colorado , the validity of the remaining portions or provisions shall not be affected, the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provision held to be invalid, and the Parties shall cooperate to cure any legal defects in the Agreement or the Program . Should the sharing of Eligible City Fees , Charges and Taxes pursuant to this Agreement be judicially adjudged illegal , invalid or unenforceable under the present or future laws effective during the Term of this Agreement by a court of competent jurisdiction in a final , non-appealable judgment, the Parties shall utilize their best , good faith efforts to restructure this Agreement or enter into a new agreement consistent with the purposes of this Agreement. Should the Parties be unsuccessful in their efforts, the Agreement shall terminate without penalty or recourse to either Party. 18. Governing law; venue 6 The laws of the State of Colorado shall govern the validity , performance and enforcement of this Agreement. Should either Party institute legal suit or action for enforcement of any obligation contained herein , it is agreed that venue of such suit or action shall be proper and exclusive in the district court for Jefferson County, Colorado. 19. Notices All notices required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by certified mail , return receipt requested , postage prepaid , to be addressed to the Parties set forth below. All notices so given shall be considered effective upon the earlier of the actual receipt or seventy-two (72) hours after deposit in the United States Mail with the proper address. Either Party by notice so given may change the address to which future notices shall be sent: Notice to the City: Copy to: Notice to the Owner: Copy to: 20. Entire agreement -amendments City Manager City of Wheat Ridge 7500 W. 29th Ave . Wheat Ridge, CO 80033 City Attorney City of Wheat Ridge 7500 W. 29th Ave. Wheat Ridge, CO 80033 John Zabawa Seniors' Resource Center 3227 Chase Street Denver, CO 80212 [INSERT CONTACT] Address This Agreement embodies the whole agreement of the Parties. There are no promises, terms, conditions , or obligations other than those contained herein, and this Agreement shall supersede all previous communications , representations or agreements, either verbal or written, between the Parties hereto. This Agreement may be amended only by written agreement between the Owner and the City acting pursuant to City Council authorization. 21. Effective date This Agreement shall be effective and binding upon the Parties upon the date first set forth above. 7 IN WITNESS WHEREOF, Owner and City have each caused this Agreement to be executed by their authorized representatives . State of Colorado County of Jefferson ) ) ) OWNER SENIORS ' RESOURCE CENTER By : Nam-e-: 7Jo-'hn--:Z=-a-:-b-aw-a --- Title : President/CEO ss . The foregoing Agreement was acknowledged before me this _ day of _____ , 20 I 0, by John Zabawa as President of Seniors' Resource Center. WITNESS MY HAND AND OFFICIAL SEAL. My Commission expires : _______ _ CITY OF WHEAT RIDGE ATTEST: Name: Michael Snow Title : City Clerk NOTARY PUBLIC By: -~-~~~----Name: Jerry DiTullio Title : Mayor Approved as to Form Gerald E. Dahl, City Attorney 8 EXHIBIT A Zabawa Letter to Young dated June 11 , 2010 [attached] 10 I)ale june I I. 20 I 0 1'0 : G. Randolph Young l'it~ Managel Cily urWh~"1 Rlug~ 7500 vI 29'" i\ \e Wheal RIdge. CO 80013-ROOI SF N I () R <;1 RE<;Ol I RCF CENTFR Hwldm~ .j (Ollnddl ,un /11' /ml/'I JI.'I1(I ,'n' f I\m~ \/111 f' 14~}f. R~;: Business Dc\ clopment Zone --Request to abate building permit fces and building UM' la\. Senior>' Resource Cenler (SRC) is in the final fund raising slages of' Phase I of our ("pltal ( ampalgn . We arc hoping to begin construction of a 17.000 square 1'001 expansIon of our Wheal Rluge Ilcadquarters. Wilh this critical abatement support f'romlhe Cily or Wheat Rldgc and Ihe C,ty Cuuncll. we \\ III begIn thIS projeclthls summer and prov«Jc a POSlllvC economIc IIllpaCI lor \l'heat RIdge and Jefferson County 1'01' years to come. We \\mlld lIke 10 prO\ Ide some aud,t,onalllllorlllation ahout SenIors' Resource ('enter. thIS capllal projel·t and aduless any conc~rns that the Cit} and City Councillllay ha\e In reduclIlg Ihe bUIldIng pcrmlt fees allu building use tax. Flrsl, here IS an overvie\\ orlhe enlire two phase 58.7 million dollar projeci rhe circam is 10 dralmltlcally increase the slle of our headquarters and our capacity 10 serve the general puhli,' I'h,s dre,1I1l lirst rroved Its viability In 2006. when. at the request ofSRC, the Jefferson Count} Conlllllssioners donated our current slle. the Columbia Ilcights Elelllenlary School and the Whe,lI Ridge library . rhis project \\ III begin with the construction or a ne" bulldlllg on the adJacent property and Ihenmo\c In to Phase 2 --thc remodel our e\istlng headquarters. Phase I ill\olves the property acquisition and ne\\ building cons truction . wilh a goal of 57.GOO.DOO. The new bui Idin g wi II prO VId e 17,000 sq uarc fect of ncw construction, and wi II be thc expanded home ror our Adult Day Program . prO\ Ide room lor o th cr program grow lh and crcate a ne\\ communIty meding room. I his new building doubks the SILC ofuur cu rrent s ite and orrers SRC the ablltt} to expanu all SCI" ices b) 30%. rhe Capita l Campaign is Intended 10 help SRC kecp pace \\Ith the rapIdly gruwlng Dellver metro area selllO!" population by constructing a ne\\ huildlllg \\ hcr..:: more sC1lInrs call receive state -of-thc art sen ices. Once Ihe ncw bui lding is com pl ete. th e remodeling afoul' cu rrent main facilit) al a COSI of'S I I million wi ll begin Phase 2. This remodcl will givc us th e abililY to build capacity in a ll our other programs. like cure managemcnt. transportation, voluntccr serv iccs and in-homc care. SRC is vcr), \cry close 10 the end of the fundraising phase for Phasc I. Wc ha\ coni y $279.968 Icft 10 complele thIS lirsl mileslone . We arc at S7.320,032. or 96°'0 afoul' Phase I goalofS7.600.0()O. l:?17 l H"..,t .... r~ll r • 1>1 NVlIt <or ORAP( 1 xu .?'). W iI.! HU \ 1 ~ 1 • lAX [HHI 1. \IHH9 - \,,' RI "V o l b Attachment 2 I hc projcci rcm,"ns on Irack '" ils o rigina l cost. An) increase In 10lal projeci ~\f1enses I"" been ollsel by the \'aluc eng in ee rin g process . Through our value enginee rin g process, \\c ha\~ rc -h ld SC'\ eral major componc llI s or Ih e projeci and hme rea li /cd a S221.000 sa\ ings in conslnlellon COSIS Ih ere ha\ c bccn no rcv isions 10 thc origi nalloi<11 cosIoI' Ihc proJec!. We do e"peci COSIS o\Trali 10 remain consislc llI thr o ugh olll Ih e projee!. I !ere IS a li s t ofthc benetits Ihi s projeci \\ ill pr ovide 10 Ihe city and s urr o undin g coml11unll} I. Expand employment opportunities -Our proJecl \\111 ha v~ a subs talllial Impa c t on Ihc Cit) In several ways. (I) Ihere will be a short te rm posill\c Impact during thc const rll ctio n phasc; (2) Ih cre Will be a long term po si tiv e impact with thc pc rman c nl addllion o fSRC s tal l. a nd (3) IhlS ex pan sion \\ III increase our capacity 10 provid e morc dir cc i sc n Ices. in c ludin g o ur job training prog ram . The co ns lru etion peri od is projecled for I (J month s. Durin g Ihis time frame . th e Gcneral Contractor. DRG ConSlrtlClion and Ih ei r 30 s uhC 0 11lra Clo rs. "ill em plo y 160 individual s ,"c 1,,1\ c e51ln1<lI ed Ihelr lota l conslrllclion payroll for peopl e working on thi s Wheal Rid ge proj ec i to be S2.4 million or 65°'0 of Ih e 10 lal proj eel cost. T herc will al so be a permanent growth in SRC Wheat Ridge stafr. Our program scniccs arc located al s ix unique s ite s. Two ofthcsc sites me locat ed in Wheat Rid ge, one al 3227 C ha se St. \\hich senes as our organizationa l headquarters. and one al 38 I 2 Ammons St.. which hou ses our Woodchuck vo lU11l ee r program and se rve s as Ihe organization 's ce nt er for our Min o r I lom e Re pair pro g ram . The program builds \\ hce le hair ramps, installs grab bars a nd prm ides sc niors \\ ith o lh er safe lY In stallalions \\ hlch help them re main in Ih e co mmunit y lon ger. You ma y be s urpri se d to lea1'1lJusl ho\\ big the lo lal payroll lor S RC is --$6.355.335 --"hleh include;, sa larie s. benelil s and taxes . We ha ve a IOtal 7 1 I'ull tim e e mplo yees and 230 part limc emp loyees a! th ese six lo ca tions . The Wheat Ridge local ion is our large s l si le and se rves as headquarters for all of our community pro g ram s as well as all of our Ad111ini stralive and Developmem s taff. Our tala I pa y roll for Wh eal Rid ge in 2009 was $4,088.334. which repre se 11ls 189 fu ll lim e and part limc e mplo yees. Thi s si le also rcc ci \es add iti onal 1001 traflic daily 01'65 cliems, volu11lce rs. c0111munily partners. donors and vendors . Afle r Ihe new building is completed in early 2011. we will expand our s taffb y a total of' 15 FTE·s. which rep resents an additional increase to the payroll o fS324,470. Z. Redevelopment and revitalization of V'lcant land and special attention to storm water manugelllent . Shortly afi e r the donation of Co lumhia I-I eigh t hy the County, we acquired the vae anl 101 j ust nOrlh of lhis project at 328 1 C ha se Slreet and our "min i land bank" projeel had s urticiem land 10 begin Ihls proJcc!. (You may remember the properly al 3281 Chase as a failed a!tempt oran inveslor 10 budd a duplex). Currenlly. we are also in ser ious ne go tialions \Vith Billy Ma c inlyre -who ow ns Ih e prop e rl y al 3283 Chase Street, just north of this lot and we cou ld make another dra111a!ie i111prO Ve me 11l1O our arca. Once the project is built. it will be a very lIItraclive add ili on 10 th e neighborhood and will eo mpl c mcnt th e archileet ur e of our cUlTent building. ~torm \\ atcr Detention: rhe cngllleers ami archllecls ror Ihe new proJccI have also dc\doped a unIque solul1on to sl011n \\ aler uClenllon. SRC archlleCIS and CI\ II cngilleers 11<" e collahoraled III cullle up \\ Ilh a unitjuc plan Ihal has been appro\ cd by Ihe cHy. The plan IS 10 blnld a delenthJn pond on Ihe north Side orthe propcrty and surround II by 3 reel ofblrlll 3. Our nc" building and the increased organizational capacity "ill creatc direct ;pilloHr bcncfits to the cit) in these" ays : Increased physical capac it y orSRC will allo\V us to serve Illore senio rs in Wheat Ridge and .IetTerson COUn l). anu prmide th e su pport th ey need to relllain In our commu mt y and '" Old premalure Instllullonali/alion. Ovcrall. in 2009. SRC pro\,lucd threet sen ic es to more than I b.O!)!) selnors and mch"duals \I Ith disabilities. I hi s total IIlcluded Indl\ Iduals li'om our seven major program areas. 01 thc total. about 10·'0 or 1.800 indi\ idual s Ii\ C In Wheal Ridge. We have cSl1matcd Ihat alicr Ihe bulldmg IS expanded we wil l ha ve the capacity to serve 30% more cl ic lll S over th" nc\t li\ c years. ThIS mcrcase In capacilY will mean SRC can provid e ongoing support or2,140 Whcal Rid ge sem"rs per year III Wheat Ridge, ralhe r than Ihe cunem 1,800. ThIS ex p ans ion projecl will a lso double the capacity orour Wheat Rid ge Adult Day program alld \\~ e'pec t IIlcrcascd lraflic in ou r racility of ca regiver ramily members, a nd nc\\ clients II"ho \ISIt thc cC llle r fh ese e hcm s \\ ill be Sloppin g al Wheat Ridge businesses lor rood. gas and olher purchases. Thc l11ain runcl10n or SRC is to prov id e co mmunity based serv ice lor sc niors and adults \\ ith disabdillcs so thaI individuals will re main in thei r hom es lor as long as possible. I3csides bel11g "hal c\CJ"}o nc "'111tS. and bcin g m ore eco nomical than inslnlclional care, indIViduals \\ill cont111 uc to shop and spe nd money in Whcat Ridge li\ ing in th c co mmunit y. \I hich helps to maintain th e c It y's lax basco 4. 110\\ \\ ill these projects pro\ ide joint benelit to the communil)'! In addition 10 Increasing Ihe se n Ices aVilllabJc to Wheat Rid ge rcsldems \\C cstllnalc an I\lcrcase In all o ur COmnlll11lty pro g ram s. He re is a li s t or th e direci services SRC provides: -Cool"llillate(1 Care /III/llagem elll Services -provides aSSe SS l11elll S, individual care plans. sen icc delivery, emcrgcncy assistance. coordination or com munil Y resources and SRC programs, and is the cmry point ror vic tims ' assistance; 8,018 individuals were served in 2009, and 150 individuals received assistance through the emergency and energy assistance funds at SRC; -Adult DI/)' alld Respite Care-p rovides services ror sen io rs and adults with de\elopmclltal dI s abilities and th e ir ra m il ies al five dirrere lll si tes; 329 individuals were served in 2009; -Tl"flusponatioll Services-pro vides door-to-door ndes to doclors, s hop pin g, community centers, meal s ites and a pp oint m c nts ; 138,395 one-w'l)' rides were provided in 2009; ThiS includ cs th c additIonal rides c unc ntl y being funded by th e Ci t y's CD BG program . -//I-I/ome Ca,.e Services-pro v id es non-medical sen ic es s uch as cooking. house c leaning. reeding. s hopping, la undry, and companionship ; 86,152 hours of sen ice were provided in 2009; -, 'OIIlIllCe,. SCrJ>ices -provides adult \ o lulll eers to as s is t s eniors in day-to-day need s as we ll as In 10111"11 io n o n personal s arety; 1,421 volu nteers worked with SRC in 2009 and contributed 198,952 hours of volunteer service to the community through the Agency Volunteer Program and Retired Senior Volunteer Program (RSVP) (the equivalenl of 83 rull -tillle employees), assisting 1,532 seniors; -Job TN/illillg Services -pro\ ides on-the-job trainin g and s upport lor Ilndin g p ermanen l employmenl lo r o ld e r adults in toda y's c hallcngingjob mark e t; in 2009, 121 seniors who w e re at or b e low 125% of the Federal Povcrty Level participated in this program to help them return to the \\orkforce; and SRC-Eve"g,.eell pro\'ides the samc comprehensive sen ices to seniors in the rural arcas surrounding DCIl"cr and in 2009 provided services to approximatel~ -1,528 seniors from four foothills counties, In addition to a gro\\ ing relationship with the City, Police J)epaI1ment. Firc Departmclll and \\' atcr District --SRC partners and col1aborates "ith 1110re than 200 local, statc and redel al agenuc, In Colorado --SRC is able to provide expanded sen icc opl1ons abo\ e ami beyond our cxtcnsl' c programming within the o rganizat ion because or these partnerships, These strong collaborations arc just one or the reasons \\ hy SRC is a leader ror seniors in the community, One or the key realUrcs of th e new building will he an 810 square root conferencc room. \\ hich \\ il1 accommodate up to 50 people, Our plans arc to make this conference room mailable to other orgalli/allons for free during normal business hOllrs and for a small operation,1I COSI after hours . 5. The Funds IHovided from this abatement request will go dircctly to this project. We have a!lached a Campaign Status Report which provides greater dctail about "herc the ,'ariou s sources or funds have come rrom so rar. Il ere is a sU111mary: Indiyiduals Corporations Grants City or Wheat Ridge (June 20(8) In-kind Support Orgcllli/.l1tional runds Permanent Loan Total FUl1ds Committed as of June 2010 $1.186.612 $ 144.320 51.234.869 $ 50.000 $2,461.020 $ 243.211 $2,000,000 $7,320,033 We will usc Ihese runds rrom this granted abatcmclll on two spceilic construction area's #1 thc Stor111 Water Retention Plan and the #2 the comlllunity kitchen, 6. The Project Cost Estimate A dctailcd Worksheet is attached, The IOta I const ru ction cost is $3,776,651. This is based on the detailed li st from our General Contractor DRG Construction, We are yery pleased the City and City Co uncil has been such a strong partn er and advocate ror SRC'. As the 6U + popUlation ages and doubles in s ize by the year 2020. we know this ag in g demog raphi c will continue to put pressure on SRC to keep up with the uCllland and we wou ld like you to be able to help LIS continue to provide more economical comm unit y services versus morc cos tl y nursing home rlaee111cllls "hlch arc orten that ahemative, rhank you ror co nsider in g this req uc st. LINE NO 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 SENIORS RESOURCE CENTER NEW BUILDING CONSTRUCTION PHASE ONE SUMMARY lun -l0 DESCRIPTIONS DIRECT BUILDING CONSTRUCTION SUMMARY: General Conditions Sitework and Demolition Concrete Masonry Meta ls Carpentry Moisture Prote ction Doors and Window s Finishe s Specialtie s Euipment Furnishings Special Con struction Conveying Equipment Mechanical Electrical Burden and Taxes Con t ractors Contingency Con t ractors Fee Bond Costs Total Contractor Direct Build i ng Cost PHASE ONE ESTIMATE AMOUNT 390,680 315 ,361 132,198 121,175 145,357 352 ,769 177,860 279,250 288,455 27 ,165 163 ,093 7,790 0 135,325 469,769 319,211 136,818 173 ,114 103 ,868 37,393 3,776,651 Council Action F orm-Case No. WS -IO-01 August 9,2010 Page 2 Planning Commission reviewed the subject application at a public hearing held on July 15 ,2010, and gave a recommendation of approval for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate the expansion of the existing facility. With the following condition: I. The legal description be corrected to be on current City datum including section ties prior to City Council public hearing. The applicant has incorporated this condition of approval into the plan set being reviewed at the August 9 public hearing. FINANCIAL IMPACT: One-time fees for the consolidation plat were submitted with the application. BACKGROUND: The Seniors ' Resource Center is a private, non-profit corporation that provides a wide range of services to seniors in Jefferson and Adams Counties. Included in their services are transportation, adult day care and respite services, in-home care services, mental health outreach , job training and care management services . The applicant has expressed that expansion of the existing facility is essential to serve the growing demand for the services provided and has been fundraising since 2006 to finance the expansion . The building expansion will house the adult day program and enable the SRC to expand its current customer base from approximately 40 to 80 people . The property is 89,617 square feet or 2.06 acres in si ze and is bounded by W. 32 nd Avenue on the south , Chase Street on the east and Depew Street on the west. Zoning on the entirety of the property is R-l C, Residential-One C. Governmental and quasi-governmental buildings without outside storage are permitted uses in all of the residential zone districts. The SRC is considered a use by right. The property currently has the Seniors' Resource Center facility attached to the Wheat Ridge branch of the Jefferson County Library. In addition to the SRC and library , the site contains surface parking areas and a vacant grassy lot at the north end. There is a drop-off area and parking lot for the library (both employees and patrons) at the southern end of the property, close to 32nd Avenue. Parking for the SRC is located to the west and north of the building . The structure currently used by the SRC was built in 1930 as the Columbia Heights School. Additions were constructed in 1950 and 1960. The land was part of the Columbia Heights Subdivision which was platted in 1889 and is comprised of25 ' wide lots. Council Action Form-Ca se No. WS-IO-Ol August 9 , 2010 Page 3 The applicant is proposing to construct a two-story 17,800 SF addition to the north end of the existing structure. Improvements to the property include construction of detention facilities , a new access point to Depew Street and reconstruction of the existing parking area on the west side of the bu ilding. Consolidation of the 28 lots comprising the property will allow the applicants to proceed to the building permit stage. The application has been through a standard City and outside agency referral process. No issues of concern have been raised . The Planning Commission staff report and minutes are attached for additional background on this application. RECOMMENDATION: Approve the resolution of approval for the consolidation plat facilitating review of a building permit for constmction for the following reasons: I. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate the expansion of the existing facility ." RECOMMENDED MOTION : "I move to approve Resolution No. 38-2010, a resolution approving a 28-lot consolidation plat on property zoned R-IC located at 3227 Chase Street corresponding to Case No . WS- 10-01 for Seniors ' Resource Center." Or, "I move to postpone indefinitely Resolution No . 38-2010, a resolution approving a 28-lot consolidation plat on property zoned R-l C located at 3227 Chase Street corresponding to Case No. WS -IO-Ol for Seniors' Resource Center for the following reason(s):. _____ " REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director ATTACHMENTS: I . Resolut ion No . 38-2010 2 . Planning Commission minutes (with attached plat copy labeled Exhibit 5) 3. Planning Commission staff report with exhibits TITLE: CITY OF WHEAT RIDGE, COLORADO Resolution No. 38 Series 2010 A RESOLUTION APPROVING A 28-LOT CONSOLIDATION PLAT ON PROPERTY ZONED R-1C LOCATED AT 3227 CHASE STREET (CASE NO. WS-10-01/SENIORS' RESOURCE CENTER) WHEREAS, Chapter 26, Article IV of the Wheat Ridge Code of Laws establishes the procedures for the City's review and approval of requests to subdivide and plat land ; and WHEREAS. an application has been received from Steve Villano and John Zabawa of the Seniors ' Resource Center for approval of a 28-lot consolidation plat known as Seniors ' Resource Center; and WHEREAS, the proposed consolidation plat was referred out to all necessary internal and external referral agencies ; and WHEREAS, the consolidation plat was reviewed and recommended for approval by the Planning Commission at a public hearing on July 15 , 2010 . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge , Colorado , as follows THE CONSOLIDATION PLAT KNOWN AS THE SENIORS' RESOURCE CENTER CONSOLIDATION PLAT IS HEREBY APPROVED, FOR THE FOLLOWING REASONS: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate the expansion of the existing facility . DONE AND RESOLVED by the City Council this 9th day of August , 2010 . By::---=-:=-:-::--:-:-_____ _ Jerry DiTullio , Mayor ATTEST : Michael Snow, City Clerk Attachment 1 Brian Krombein Jones Engineering He stated his understanding that th e fire acce ss doe s not need to be dedi c at ed as an easement. The purpo s e from the alley of the easement is for the cit y for snow plow access. Chair MATTHEWS invited comments from members of the public. Jennifer Hoffman 5495 West 32 nd Avenue She stated that she hadn't seen plans and asked what improvements would be made. She expressed concern about lighting impact on adjacent propenies as well as impact of doubling the use of the senior center. William Brummell returned to the podium and explained the planned addition. He stated that the parking lot will have new lighting that will meet the stricter new regulations and errant light should be decreased from what it is now. The parking lot will have a new surface and landscaping will be installed. Gene Ricciardi 5515 West 32 nd Avenue Mr. Ricciardi stated his opposition to the plan. His house faces Depew Street and he expressed concern about another access onto Depew. H is neighborhood has already been affected by bus traffic from Chase Street. The expansion will create more traffic on Depew Street. Bill McIntyre 3283 Chase Street Mr. McIntyre stated his opposition to the plan. The expansion would double the parking and increase the number of emergency vehicles. He stated that he has rejected an offer to purchase his property for parking expansion. He commented that he has lived there since 1978 and has never seen a snow plow in the alley. He stated it is dangerous for him to exit his property on his motorcycle because of the bus traffic. Bob Timm Seniors Resource Center (SRC) Mr. Timm stated that he is vice president of development with SRC. SRC has been on this property since 1982 and provides services throughout the metro area, mainly the Jefferson County area. The subject location serves as headquarters for SRC. The lower floor is used as an adult day care center from 7:00 a.m. to 5:00 p.m. Most of these people are transported by SRC vans so there will be some increased numbers. There is also space in the building for community volunteers for the RSVP center. There are currently 60 staff people. Traffic should not increase substantially. Planning Commission Minutes 3 July 15 ,2010 In re s pon s e to a question from Commi ss io ne r MATTH EWS , Mr. Timm stated there are no plan s for re sidential faciliti es at thi s s it e. [n re s ponse to a question from C ommi ss ioner BRINKMAN , Mr. Timm stat ed there will be an increase of 15 o n-site staff. William Brummett returned to the podium and showed the site plan to the audience and to the Commission. He explained that the traffic entranc e dri ve will be between two buildings which s hould reduce di s ruption to the neighborhood. The drop-off point would be under the bridge connecting the two buildings. [n response to a question from Commission DWYER, Mr. Brummett e x plained that buses would exit onto Depew as they do now, but the plan would give them two options instead of the present one. Chair MA TTl-IEWS reminded those present that this hearing only addresses lot consolidation. The site plan is not being considered at thi s time . Meredith Reckert informed those in the audience that they could come in to city hall and take a look at the building permit plans. Planning Commis s ion 's a ction tonight is onl~ a recommendation to City Council. There will be opportunity at tbe August 9' City Council bearing for more public input. Mr. Timm stated that flyers were placed on doors in tbe neighborhood two week s ago. Last Thursday a neighborhood meeting wa s held and only two people attended. He invited citizens to come view a scale model of the building in the lobby . There were no more individuals who wished to speak. Chair MA TTl-IEWS closed the public hearing. It was moved by Commissioner BRINKMAN and seconded by Commissioner BUCKNAM to recommend approval of Case No. WS-IO-OI, a request for approval of a 28-lot consolidation plat on property zoned R-I C located at 3227 Chase Street, for the following reasons: 1. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate the expansion of the existing facility. With tbe following condition: 1. The legal description be corrected to be on current city datum including section ties prior to City Council public hearing on August 9,2010. Pl alUlin g Commi ss ion Minut es 4 Jul y 15,2010 t. Commissioner BUCKNAM stated that he wa s initially concerned about th e northwes t part of the con solidation because there is a significant amount o f g re e n space there. But in light of the fact that there is an access iss ue in te rm s of public s afety concerning access for fire truck s, he is satisfied with th e plat. Commissioner DWYER s tated that he could find no rea son not to approv e th e plat, but he would hope SRC would do a better job of communicating with neighbors. The motion carried 7-0. B. Case No. ZOA-IO-04: An ordinance amending Article I of Chapter 26 concerning the provision for conditions of approval in the zone change process. Gerald Dahl addressed concerns expressed by Commi ssioner DWYER. The code, as presently written , only gives Planning Commission and City Council power to approve or deny a zone change request. in the pa st, there have been occasions where approvals have been given with condition s . Thos e condition s run the risk that there is not a code base to support it. The que stion then become s whether the conditions are enforceable . The condition can be enforceable if the applicant consents to it. This ordinance was drafted to clarify conditions of approval during a zone change process. Commissioner DWYER agreed with language . However, s ince Planning Commission would be enabled to impose conditions under the new ordinance, he asked what protection from the risk of litigation would be provided. Mr. Dahl explained that the first line of defense is the staff report that recommends approval with conditions and reasons for the conditions. The sec o nd line of defense is the Planning Commiss ion placing condition s which are backed up by the code . The third line of defense is the city attorney's task to examine Planning Commission recommendations before they go before Council. Chair MATTHEWS asked to hear from the public. Hearing no re s pon se, he closed the public hearing. It was moved by Commissioner DWYER and seconded by Commissioner BUCKNAM to recommend approval of Case No. ZOA-IO-04, a proposed ordinance amending Section 26-112 (private rezoning) concerning conditions of approval during the zone change process. The motion carried 7-0. (The meeting was recessed from 8: 19 p.m. to 8:30 p .m .) Planning Commi ss ion Minute s 5 Jul y 15,20 10 All notification and posting requirements have been met; therefore, there is jurisdiction to hear this case. I. REQUEST The applicant is requesting approval of a 28 lot consolidation plat for property zoned R-IC located at 3227 Chase Street. The purpose of the request is to combine individual parcels comprising the site to allow for expansion of the existing building and installation of site improvements. (Exhibit I , Appli cant le tte r) Because this involves consolidation of more than five parcels, Planning Commjssion will be giving a recommendation to City Council who will have final authority for approval. II. EXISTING CONDITIONSIHISTORY The Seniors' Resource Center (SRC) is a private, non-profit corporation that provides a wide range of services to seruors in the community. Included in their services are transportation, adult day care and respite services, in-home care services, mental health outreach, job training and care management services. The applicant has expressed that expansion of the existing facility is essential to serve the growing demand for the services provided and has been fund raising since 2006 to finance the expansion. The new building will house the adult day program and enable the SRC to expand its current customer base from approximately 40 to 80 people. The property is 89,617 square feet or 2.06 acres in size and is bounded by W. 32 nd Avenue on the south, Chase Street on the east and Depew Street on the west. Zorung on the entirety of the property is R-l C, Res idential-One C. Governmental and quasi-governmental buildings without outside storage are perrilltted uses in all of the residential zone districts. The SRC is considered a use by right. The property currently has the Seniors' Resource Center facility attached to the Wheat Ridge branch of the Jefferson County library. In addition to the SRC and library, the site contains surface parking areas and a vacant grassy lot at the north end. There is a drop-off area and parking lot for the library (both employees and patrons) at the southern end of the property, close to 32 nd Avenue . Parking for the SRC is located to the west and north of the building. (Exhibit 2 , Aerial photo) The stmcture currently used by the SRC was built in 1930 as the Columbia Heights school. Additions were constmcted in 1950 and 1960. The land was part of the Columbia Heights Subdivision which was platted in 1889 and is comprised of 25' wide lots. (Exhibit 3 , Plat of Columbia Heights). The applicant is proposing to consu-uct a two-story 17,800 SF addition to the north end of the existing structure. The proposed addition will cover the existing vacant lot and parking area north of the SRC. The new building will have an entrance on Chase Street. The addition will be connected to the existing SRC structure via a second-level walkway. The walkway will cover an access drive and bus/van drop- off area. Currently, there is a bus drop-off area on the west side of Chase Street which will be converted to on-street parking. There will also be an access drive from Depew that will serve as a fire lane and connect to the alley corillng from the north. The parking lot west of the existing building will be restriped to increase the amount of parking available. Planning Commission 2 WS-I 0-0 IISr. Resource Center Due to tbe location of the original building , variances were required. Variances were granted by the B oa rd of Adjustment in 2006 pursuant to Case No. W A-06-03 for a 13-foo t front yard setback va riance a nd an II-foot rear yard setback variance. Typically variances expire wi thin 180 days if no building permi t is issued; however, exte nsions were granted to accommodate fund raising for the project. The s urroundin g zonin g i s R-IC , R-C, and R -3 and the neighborin g land uses are sin g le family bomes, apartments, and some limited co mmerciaJ use s at the so utbeast corner of C h ase a nd 32 nd Ave. The hi stor ic Ye Olde Firehouse, a City-owned facility, is l ocated directly west of the property on Depew Street. III. PROPOSED CONSOLIDATION PLAT The proposed plat will consolidate th e existing 28 parcels created by the Co lumbi a Heights Subdivision. (Exhibit 4, aeriaJ with parce l overlay) Drainage easement s corres pondin g with the s ubmitted drainage report have been shown on the document. The existing alley runnin g so uth from 33'd Avenue to the north end of th e property was previously vacated. Emerge ncy access will be provided from the vacated a ll ey to Depew Street. This area has bee n s hown as a n access ease ment. (Exhib it 5, Consolidation Plat). No ri ght-or-way is required for the stree ts adjaceot to the property. Typical utility easements have been delineated. The City's lan g uage for maintenance of storm water qu a lity ponds and detention easements has been included on page o ne as no tes 13 a nd 14 . Note number 16 on page one allows for cross access through the property. Staff conc lude s that the proposed consolid atio n plat is compli ant with Article IV of the zon in g and devel o pment code. IV . AGENCY REFERRALS All affec ted service agencies were contacted regarding the ability to se rve the property . All have indicated that they can serve the property s ubject to required improvements co nst ru c ted by the property owner. Spec ifi c referral responses follow Wheat Ridge Water District: No re spo nse. Wheat Ridge Sanitation District: No re s po nse. Wheat Ridge Fire Protection District: Can serve . Fire lanes have been provided via the parking lo t accesse d from Depew Street. These fire lane s mu st he maintained in perpetuity . Xcel Energy: Can serve. Planning Commissio n 3 WS-I 0-0 I /Sr. Resource Center Wheat Ridge Public Works: Has reviewed and commented on the proposed plat and drainage report. Adequate easements have been provided to accommodate storm water detention. The legal description for the property must be corrected prior to City Council public hearing. V. STAFF CONCLUSIONS AND RECOMMENDATION Staff concludes that the proposed consolidation plat meets the requirements of Article IV of the zoning and development code. Staff fUlther concludes that proposed consolidation plat will facilitate building permit approval and construction. For these reasons, Staff recommends approval with one condition included in the recommended motion. VI. SUGGESTED MOTIONS: Option A: "I move to RECOMMEND APPROVAL of Case No.WS-IO-Ol, a request for approval of a 28 lot consolidation plat on property zoned R-lC located at 3227 Chase Street, for the following reasons: I. All requirements of Article IV of the zoning and development code have been met. 2. It will facilitate the expansion of the existing facility. With the following condition: l. The legal description be corrected to be on current city datum including section ties prior to City Council public hearing." Option B: "I move to RECOMMEND DENIAL of Case No. WS-I 0-0 I, a request for approval of a 28 lot consolidation plat on property zoned R-IC located at 3227 Chase Street, for the following reasons : I. 2. " Planning Commission WS-I 0-0 I/Sr. Resource Cenler 4 SENIOR S' RESOUR C E CENTER BUlldmg a Foundation for Independent LIVing Sine!? 1978 Date: May 17, 2010 To: City of Wheat Ridge Community Development From: Seniors' Resource Center, Inc. 3227 Chase Street Denver, CO 80212 Re: Lot Consolidation Seniors' Resource Center (SRC) is requesting a lot consolidation on their existing property t c' consolidate from twenty-six (26) lots , two (2) partial lots and a vacated alley down to one (1 ) lot. We are also dedicating utility easements, an access easement and a detention p one! easement. This lot consolidation is necessary due to the proposed 17,800 sf addition they are plannin g t o add to the north side of the building. The new addition will house the adult day program and enable the SRC to expand its curr ent customer base from approximately 40 to 80 people. Transferring the adult day care to the ne w addition will enable SRC to convert the existing building to administrative offices in the future. 3227 CHASE SfREE AX (303) 238·8497 EXHIBIT 1 '0!!1 E- l- ~ l- == ~ ~ Council Action Form -City Wide Trash Removal Ballot Question A ugust 9 , 20 I 0 Page 2 RECOMMENDED MOTIONS: "[ move to approve Resolution No. 41-20 I 0, a resolution submitting a ballot question to th e registered electors of the City, concerning city-wide residential trash removal." Or, "I move to postpone indefinitely Resolution No. 41-2010, a resolution submitting a ballot ques tion to the registered electors of the City , concerning city-wide residential trash removal." REPORT PREPARED BY: Janice Smothers, Administrative Assistant to the Mayor and City Council A TT ACHMENTS : I . Re so lution No. 41-20 I 0 2. Town Meeting Survey Results TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 41 Series of 2010 A RESOLUTION SUBMITTING A BALLOT QUESTION TO THE REGISTERED ELECTORS OF THE CITY, CONCERNING CITY WIDE RESIDENTIAL TRASH REMOVAL WHEREAS, multiple trash trucks in residential neighborhoods cause premature damage to streets and infrastructure which requires tax dollars to repair; and WHEREAS, multiple trash trucks in residential neighborhoods contribute to added noise and air pollution; and WHEREAS, the Wheat Ridge City Council desires the best price and customer service for citizens with regard to residential trash removal , including recycling , within the City of Wheat Ridge; and WHEREAS, the Wheat Ridge City Council wishes to determine whether citizens support city-wide residential trash removal , including recycling , in the form of a franchise or franchises; and WHEREAS, the Wheat Ridge Home Rule Charter requ ires a vote of the electorate to approve the granting of a franchise; and WHEREAS , if the electorate of the City authorizes the grant of a franchise for residential trash removal , including recycling , the Council intends to obtain the most favorable terms for the same , including price and schedule . NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council : Section 1. The City Council hereby submits and refers the following ballot question to the registered electors of the City at the November 2, 2010 general election . Ballot Question No . ___ _ SHALL THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE . COLORADO BE AUTHORIZED TO ENTER INTO A FRANCHISE OR FRANCHISES FOR CITY-WIDE RESIDENTIAL TRASH REMOVAL , INCLUDING RECYCLING AND A SENIOR DISCOUNT , FOR SINGLE FAMILY AND DUPLEX ZONE DISTRICTS? Attachment 1 Section 2. This Resolution shall be effective upon adoption . DONE AND RESOLVED this __ day of _____ ., 2010 . Jerry DiTullio, Mayor ATTEST: Michael Snow, City Clerk 2 ~ ~ 0) 0) 0) 0) ~ ~ ..c ..c ~ 0 0 ..c CO CO 0) C/) ~ 0) 0) "0 .., tJ) ~ 0 0 +-' C .-0) 0 -.., CO CO .-.-0) -0 ..c .., 't-L-C L-0) L-:l m +-' 0) 0) CO C/) 0 C/) +-' 0) .-..c c: c c 0 oc!S ..c 0 ~ ..c m .-c 0 CO L-0) m CO ~ E 0) "0 .-m -0) 0) C 0. C tJ) 0 +-' CO C -c 0)0 .-ca L-..t: 0 ..c 0)0 c 0) ::::l L-L-O 0 +-' 0 ~ ::J +-' 0) .., C/) ~ .-0 0 0 +-' .-c: ::::l ::J ::J ::J '+-0 -rr ca ~ L-0) o~ -+-' 0 ~ ..c c fI7 0. "0 ..c +-' u.. o I C C/) +-' .-0 L-CO CO +-'0 .-CO CO L-0 0 L-+-' ..c ::J ~ C/) ~ 0) C/) -00 C/) C CO 0) co 0) CO L- C/) 0 r-0::f17 ---1 • • • • • Co un c il Action Form August 9, 20 I 0 Page 2 comprised a working group for the project. The next phase of the Bicycle and Pedestrian Master Plan (Phase 3) will develop pre-des igns of the improvements needed on eac h route. RECOMMENDATIONS : Staff recommends approval of the Bicycle and Pedestrian Master Plan Phase 2 Study. RECOMMENDED MOTION: "[ move to approve the Bicycle and Pedestrian Master Plan Phase 2 Study." Or, "[ move to to postpone indefinitely the Bicycle and Pedestrian Master Plan Phase 2 Study for the following reaso n (s) " REPORT PREPARED BY: Tim Paranto, Director of Public Works ATTACHMENTS: I. Bicycle and Pedestrian Master Plan Phase 2 Study , . , Ci t y of p Wheat RL-dge Bicycle and Pedestrian Master Plan FELSBURG HOLT & ULLEVIG Attachment 1 JULY 19 2010 DRAFT .. ,~ '6" LiveWell DRAFT Wheat Ridge Bicycle and Pedestrian Master Plan Prepared for: City of Wheat Ridge 7500 W. 29'h Avenue Wheat Ridge, CO 80033 Funded by: LiveWell Wheat Ridge Prepared by: Fe lsbu rg Ho lt & Ull evig 6300 S. Syracuse Wa y , Suite 60 0 Cente nni a l, CO 8011 1 FHU Reference No. 09-1 62 July 19, 201 0 DRAFT (Ilyol p WheatR!9ge Bicycle and Pedestrian Master Plan I Table of Contents Page Introduction ...................................................................................................................................... 1 Pur pose o f Bi c yc le a nd Pedestr ian Pla n ............................................................................................ 1 Pl a nning Process .............................................................................................................................. 1 Planning for Bicyclists and Pedestrians ............................................................................................. 4 Use r Typ es ......................................................................................................................................... 4 Bicyc le and Pe d estrian Fa c il it ies ....................................................................................................... 6 Existing Conditions ............................................................................................................................ 8 Ex ist ing Bicycle a nd Pedest ria n Facil mes ........................................................................................... 8 Key O rig ins and Des ti na tions .......................................................................................................... 11 Reg io na l Ro utes ............................................................................................................................. 15 Bicycle and Pedestrian Plan ........................................................................................................... 16 Community Needs ......................... , ""'" ""'" ....................... , ................. , ....................................... 16 Proposed Bicycle and Pedeslr ia n Facilities ..................................................................................... 1 6 Desi gn Standard s .................................................................................................................... , ...... 19 Implementation .............................................................................................................................. 29 Eva luati on C rit e ria .......................................................................................................................... 29 Pri o riti zatio n Matri x and Res ults ........................................................................................................ 29 Pote ntia l Fu nding So ur ces .............................................................................................................. 34 Next St eps ...................................................................................................................................... 36 Append ix A. Appendix B. Append ix C. Appen dix D. References Summary of Public Comments Phase 1 Invent o ry Scori ng Me l hodology DRAFT Cdyol ?WheatR!9ge Bicycle and Pedestrian Master Plan List of Figures Figure 1. Figure 2. Figure 3 . Figure 4. Figure 5. Figure 6. Figure 7. Figure 8 . Figure 9. Page Existing Bicycle & Pedestrian Faciliftes ............................................................................... 9 Key Bicycle & Pedestrian Origins and Destinations .......................................................... 13 Bicycle and Pedestrian Plan ........................................................................................... 17 5-Lane Arterial Cross-Sections ......................................................................................... 20 3-Lane Arterial C ross-Sections ......................................................................................... 21 3-Lane Collector Cross-Sections ..................................................................................... 23 2-Lane Collector Cross-Sections ..................................................................................... 24 2-Lane Collector Cross-Secftons with Roadsi de Ditches .................................................. 25 Local Street Cross-Sections ............................................................................................. 26 List of Tables Table 1. Table 2. Regional Routes ............................................................................................................. 15 Evaluation of Proposed Bi cycle and Pedestrian Ro utes .................................................. 30 Ci ty 0 1 .?WheatRclge Bicycle and Pedestrian Master Plan Introduction Irs an exciting time for biking and walking enthusiasts in the City of Wheat Ridge and throughout the metro area. Creating built environments that facilitate multi-modal forms of transportation that support healthy, active, and sustainable lifestyles is a national trend. This desire for livable communities, in combination with the forthcoming Gold Line FasTracks commuter rail line, will likely significantly increase the demand for bicycle and pedestrian facilities in Wheat Ridge. The benefits of walking and cycling are far-reaching. By opting to walk or bike rather than drive, you can reap the heanh rewards of increased physical activity, feel more connected to your community, help protect the environment, and save money that you normally spend on gasoline and parking costs. The City of Wheat Ridge wishes to enable its residents and visitors to realize these benefits and therefore has committed to developing a Bicycle and Pedestrian Master Plan. Purpose of Bicycle and Pedestrian Plan The primary goal of this Bicycle and Pedestrian Master Plan is to present a framework for a practlcal and comprehensive bicycle and pedestrian network throughout the City that promotes safe, sustainable, and heanhy travel options for residents and visitors. In support of this primary goal. this Master Plan outlines the existing bicycle and pedestrian facilitles, identifies specific facility types for all proposed routes, and provides a prioritized list of bicycle and pedestrian improvements. The City of Wheat Ridge updated its Comprehensive Plan (Envision Wheat Ridge) In 2009. The document defines four goals and supporting policies and strategies that relate to transportation. The goals and policies address the City's desire to offer expanded travel options, improve the bicycle and pedestrian network, provide multi-modal connectlons, and identify funding sources to implement bicycle and pedestrian improvements. The goals and policies outlined in Envision Wheat Ridge served as a guide In developing this Bicycle and Pedestrian Master Plan. Planning Process Previous Planning Efforts The City completed the first phase of the Bicycle and Pedestrian Master Plan in 2007. The focus of that effort was to conduct an inventory of existing bicycle and pedestrian facilitles and to identity future routes based on input from the public and City staff and integration with the Parks Master Plan. The products from Phase 1 include a series of 22 maps documenting the existing bicycle and pedestrian facilitles, Page 1 DRAFT The primary gaaI 01 the Wheat Ridge Bicycle and Pedestrian Mosler Plan Is to presenl a framework lor a pracIIcal and comPl8hensJve bicycle and pedestrian nelwork thai promotes sale, sustainable, and healthy travel opHons . Cityot Y WneatR.!9ge Bicycle and Pedestrian Master Plan including classification, signage, and ameni~es , along with a cilywide map showing existing and proposed bicycle/pecestrian routes . Subsequently, the City updated its Comprehensive Plan (Envision Wheat Ridge) including a Transportation Plan component. The Transportation Plan exponds on Phase 1 of the Bicycle and Pedestrian Master Plan by identifying three priority locations for multi-modal improvements: • Wadsworth Boulevard • 38 1h Avenue (Main Street area) • Kipling Street The Comprehensive Plan recommended that the City develop new typical cross-sections for principal corridors that would include all modes of transportation and idenftfied Phase 2 of the Bicycle and Pedestrian Master Plan as an important implementation step . Phase 2 Overview The City received a grant from LiveWel1 Wheat Ridge in late 2009 to complete Phase 2 of the Bicycle and Pedestrian Master Plan. LiveWell Wheat Ridge Is a community coalition funded by LiveWel1 Colorado. LiveWell Wheat Ridge implements policies, environmental changes and programs to increase residents' access to active community environments and fresh fruits and vegetables to prevent and reduce obesity. The primary objectives of Phase 2 were to: • Identify key origins and des~nations for bicyclists and pedestrians, • Identify regional routes (both existing and proposed) surrounding Wheat Ridge, • Refine the proposed routes (identified in the first phase) to ensure connectivity with the key origins and destinations and regional routes, • Develop multi -modal typical roadway cross-sections, • Identify specific facility types for each of the proposed routes , • Evaluate and prioritize the proposed routes, and • Identify potential funding sources to implement the Plan . Phase 2 was led by a Project Advisory Committee consisting of key City staff from the Public Works , Community Development. Police, and Parks and Recreation Deportments, and LiveWell Wheat Ridge representa~ves. The Project Advisory Committee met at four key milestones of the project. Page 2 DRAFT I DRAFT Ci ty 0 1 ?Wneat~ge Bicycle and Pedestrian Master Plan To supplement input from the Project Advisory Committee, the project team conducted interviews with key bicycle and pedestrian stakeholders in the Wheat Ridge area including representatives from LiveWel1 Wheat Ridge, Bicycle Colorado, and Wheat Ridge Cyclery. These stakeholders provided input early in the planning process abcut the key origins and destinations and the desired routes for bicyclists and pedestrians in the City. The City hosted a series of four public meetlngs in April. 201 0 at which the public was invited ta review the preliminary bicycle and pedestrian plan (proposed routes and facility types) and provide input on what they felt should be the highest priority routes for implementation. A total of approximately 40 people attended the public meetings, 22 of which provided written comments (refer to Appendix B). The public input was a key element In the evaluation and prioritization of the bicycle and pedestrian routes, as described in the Implementation chapter of this document. Page 3 Public MeeHng Summary DIstrIct 1 -Wednesday, AprI l 14, 201 0 (City Hall) District 2 -Thursday, AprIl 15, 201 0 (City Hall) DistI1ct 3 -Wednesday, AprIl 21 ,2010 ('hR Recreation Center) District 4 -Thursday, April 22, 2010 ('hR Recreation Center) Cit y 01 ?WhcatR!9ge Bicycle and Pedestrian Master Plan Planning for Bicyclists and Pedestrians The accommodatlon of bicycle and pedestrian travel is integral to the community's vitality and quality of life. Planning for the interaction of bicyclists/pedestrians with other modes of travel Is essential not only for safety but also for the convenience of these active travel modes. While bicycling and walking levels fell 67 percent between 1960 and 2000 in the United States. obesity levels have increased by 241 percent. And during the time period from 1966 to 2001. the number of children who bicycled or walked to school fell 68 percent. while childhood obesity rose 367 percent. States w~h the highest levels of bicycling and walking have the lowest levels of obesity. hypertension and diabetes. and have the greatest percentage of adu~s who partake in at least 30- minutes of physical activity per day. (Source : Alliance for Biking & Walking 2010 Benchmarking Report) Not only does providing a comprehensive bicycle and pedestrian network support hea~hy lifestyes. it also benefits the community by: • Supporting the conversion of vehicle trips to bicycle or walking trips. • Improving air quality through the reductlon of emissions that result from vehicular travel. • Reducing congestion on the roodway network. • Reducing travel costs for residents (money that would otherwise be spent on gasoline and parking costs). and • Increasing livability and supparting economic development (Source : Economic Value of Walkability. Victoria Transpart Policy Institute) User Types Bicyclists and pedestrians can vary grea~y in their ability and their level of comfort in using different types of facilitles. Ideally. all types of bicyclists and pedestrians should be accommodated by the transportation system. AASHTO's Guide for the Development of Bicycle Facilities describes three types of bicyclists that should be considered in planning bicycle facilities. as follows. FE.SBUR(, 1'1 lr &!! lEo (, Type A Bicyclists are advanced or experienced riders who generally use their bicycles as they would a motor vehicle. offen for commutlng. They are riding far convenience and speed and want direct access to destinations with minimum Page 4 DRAFT I~ ___ -.............. The transportaHon system should Ideally accommodate all types 01 bicyclists and pedestrians. Ci ty 0 1 !P'Whe atR!9ge Bicycle and Pedestrian Master Plan detour and delay. They are typically comfortable riding with motor vehicle traffic; however, they need sufficient operating spcce on the travel way or shoulder to eliminate the need for either themselves or a pcssing motor vehicle to shiff pcsitions . CD Type B Bicyclists are basic or less confident adu~ riders who may also use their bicycles for transpcrtafton purpcses (e.g .. commuting) or for recreational purposes. They may prefer to avoid roads with fast and busy motor vehicle traffic unless there is ample roadway width to allow easy overtaking by faster motor vehicles . Thus , basic riders are generally comfortable riding on neighbarhood streets and shared use paths and prefer designated facilities such as bike lanes or wide shoulder lanes on busier streets. ~ Type C Bicyclists include children, '-.V riding on their own or with their pcrents, who may not travel as fast as their adult counterparts but still require access to key destinations in their community, such as schools, convenience stores, and recreational facilities. Residential streets with low motor vehicle speeds linked with shared use pcths and busier streets with well defined pavement markings between bicycles and motor vehicles can accommodate children without encouraging them to ride in the travel lane of major arterials. @ Pedestrians can range in a multitude of characteristics Including age (e.g ., children, adults, and the elderly), speed, ability (e.g., ambulatory or visual impairments), and purpcse (e .g .. recreational walking, running , commuting), These characteristics offen dictate the type of facility a pedestrian is comfortable using . Wider, detached sidewalks with a landscaped or amenity zone buffer generally serve the greatest number of pedestrians by providing a buffer between the pedestrian and vehicular traffic and adequate space to accommodate passing and wheelchair use. Multi-use trails primarily serve recreational pedestrians . rCS8URG l'OlT <3. IllE'"G PageS DRAFT Cil y ol ?Wheat: RJ9ge Bicycle and Pedestrian Master Plan Bicycle and Pedestrian Facilities A bicycle and pedestrian network typically consists of a variety of different facility types to accommodate the various user types and to harmonize with the adjacent land uses and roadway conditions (e,g" functional classificafton and level of vehicular traffic volume), The following terms are used to define the bicycle and pedestrian facilities in this Bicycle and Pedestrian Master Plan, Shared Lanes are nearest the curb and are typical~ wider than a standard (1 2-foot) lane. providing addiftonal spcce so that the lane may be comfortably shared by motor vehicles and bicycles, Shared lanes can be designated by pavement marking "s harrows ," Shared Lane wffh ·Sharrow" Marklng Shoulders are the pcrtion of the roadway to the right of the rightmost travel lane. excluding curbs, buffers. and sidewalks, While shoulders can be pcved. gravel, dirt. or grass, those that are pcved are often used by bicyclists as a travel way, Bike Lanes are designated with pavement markings as well as signs along streets, The pavement markings delineate the right of way of both motorists and cyclists and provide for more predictable movements by each, Bike Lane on 32"" Avenue fLSBUAG lieu & UllhlG Page 6 DRAFT Shoulder on 38" Avenue Cit y 0 1 p-w heat R!9ge Bicycle and Pedestrian Master Plan Multi -Use Trails are physically separated from a street and designed for two-way travel. Multi-use trails can be in exclusive right of way or wnhin a dedicated street. utility. railroad. or floodplain right of way. Hard-surface multi-use trails can accommodate bicyclists. pedestrians. runners. in-line skaters. wheelchair users. etc. Soft surface (unpaved) multi-use trails typically have a more limited set of users including pedestrians and some bicyclists. Sidewalks are within a street right of way and can be either attached to the curb or separated from the curb by Hard Surface Muff/-Use Troll trees. grass. landscaping or other streetscape elements such as a hardscaped amenity lone. Sidewalks are generally limited to pedestrian use; however they are sometimes used by Type B and/or Type C Bicyclists when designated bicycle facilities are not provided in the immediate vicinity. DRAFT Attached Sidewalk on Kipling street Sidevvalk wffh Landscaped Buffer on 38 ~ Ave Neighborhood Trails are multi-use trails located wnhln a neighborhood. park or development. They provide local continuity and often provide access to the regional trail system . Pedestrian-Only Trails are off-street trails that have been specifically designated for pedestrian use only through the use of signing; vehicle and bicycle traffic is prohibited . Pedestrian-only trails are often soft- surface . FLS611R:jI'llT ~lllE.r, Page 7 Pedestrian Only Tro ll Cit y 0 1 ? Wheat R!.9ge Bicycle and Pedestrian Master Plan Existing Conditions Existing Bicycle and Pedestrian Facilities In order to understand the degree to which bicycle and pedestrian facilities are now provided to Wheat Ridge resid e nts , an inventory of the exlsftng sys tem was conducted as a part of Phase 1 . This is an important port of the planning process since it becomes the starting point in identifying areas in need of improvement. Figure 1 depicts the exist ing bicycle and pedestrian network in Wheat Ridge. Wheat Ridge is fortunate to have a regional multi-use trail that extends through the City along Clear Creek and acts as the east-west spine for bicycle and pedestrian activity through the City, providing connecftons to a trail system that extends throughout the Denver metropolitan area . Aside from the C lear Creek Trail. the exisftng bicycle and pedestrian network In the City is spa rse and discontinuous . Both 26'" Avenue and 32 '" Avenue are heavily used by cyclists; 32'" Avenue west of Wheat Ridge provides access to Lookout Mountain, a common destination for metro-area cyclists. Although the 261h Avenue and 32 '" Avenue corr ido rs carry significant bicycle traffic, bike lanes are striped on only portions of these routes , The City lacks north- south continuity In bicycle and pedestrian facilities . The sidewalks along the arterial and collector roadway system in Wheat Ridge are generally sporse and segmented . Rather than showing every short secfton of sidewalk on the city-wide mapping, Figure 1 focuses on the sidewalk facilities of either substantial length or that provide critical connecftons for the bicycle and pedestrian network. The City conducted a thorough Inventory of sidewalk faciliftes as a port of the Comprehensive Plan effort; a map showing the existing detached and attached sidewalks along local. collector, and arterial streets throughout the City is provided in Append ix B [Figure B-13) of Envision Wheat Ridge . The detailed Inventory that was conducted during Phase 1 of the Bicycle and Pedestrian Master Plan is provided in Appendix c. The inventory includes: • Facility type • Bicycle and Pedestrian -related signage • Surface type and width • Condition [e .g ., poer, fair, excellent, etc .) • Hazards along existing bicycle/pedestrian routes fUi8UW; t'UlT & t'llE. G Page 8 DRAFT C lear Creek Tro ll (Jl y 0 1 p WhcatRJ9ge Bicycle and Pedestrian Master Plan Key Origins and Destinations The project team completed an origin/destination inventory to identity activity centers in Wheat Ridge that are likely to generate or attract significant bicycle and pedestrian use, as shown on Figure 2. Key bicycle and pedestrian activity centers in Wheat Ridge include: • Trailheads along the Clear Creek Trail • Parks • Transit facilities such as RTD transfer stations and park-n-Ride facilities and the future Gold Line commuter rail stations at Ward Rood and Kipling Street • Civic and community centers such as City Hall, the senior/community center, the recreation center, schools and libraries • Major employment centers such as Lutheran Hospital • Existing and future major retail centers, mixed use developments, and bicycle shops The proposed bicycle and pedestrian routes identified In Phase 1 were developed primarily based on input from the public and City staff . The key origins and destinations were used to validate the proposed routes and ensure that proper facilities are planned for access to major activity centers . The proposed bicycle and pedestrian connections are also shown on Figure 2 to depict the accessibility to the key activity centers . The proposed routes are described in more detail in the Bicycle and Pedestrian Plan chapter of this report . DRAFT 1 __ ",-_-"""""", Tra ilhead to Cloor Creek Troll Wheat Ridge Recreation Center RID Ug ht Roll Tran sit FE LSSURG j1(]L T & Ull£'~1G Page 11 Cit y 0 1 ?Whe atR!9ge Bicycle and Pedestrian Master Plan Bicycle and Pedestrian Plan Community Needs As described in the Introduction, this Bicycle and Pedestrian Master Plan has been developed with Input from the public, Ci1y staff, and key bicycle and pedestrian stakeholders in the community. The written public comments received during the planning process are included in Appendix B, and following is a general summary of the needs expressed by the community: • Provide connections to the future Gold Line commuter rail stations • Provide better north/south connections and access to the Clear Creek Trail • Create a pedestrian friendly environment along the City's "main street' (38 th Avenue between Wadsworth and Sheridan) • Provide continuous on-street faciliffes in the east-west direction for commuters and sport-bicyclists who prefer not to use Clear Creek Trail Proposed Bicycle and Pedestrian Facilities Wheat Ridge's Bicycle and Pedestrian Plan , shown on Figure 3, is intended to provide a comprehensive system of bicycle and pedestrian facilities that addresses the needs of the community. The propcsed routes were identified by the public, key stakeholders, and the Project Advisory Committee to provide access to the key bicycle and pedestrian origins and destinaffons and to ensure Integraffon with the regional routes identified by the jurisdictions surrounding Wheat Ridge . Figure 3 specifies the desired facility type(s) for each proposed routes. In some cases (secffons of Youngfield Street. Kipling Street, Wadsworth Boulevard, 32"" Avenue, and 38 th Avenue) two facility types are recommended to maximize the user types that can be accommodated along the corridor. Multi-use trails have been identified along Cabela Drive, 441h Avenue, and Kipling Street. Bike lanes are propcsed along many of the arterial and collector streets in the City that provide considerable conffnuity. Shared lanes are propcSed along several collector streets that carry lower volumes of vehicular traffic and do not necessitate designated bike lanes. The Bicycle and Pedestrian Plan does not specifically Identify all desired sidewalk locations but rather focuses on the major corridors where Page 16 DRAFT I Cit yot -.?WneatRLclge Bicycle and Pedestrian Master Plan continuous sidewalk provisions are critical (e.g" Youngfield Street/Ward Road, 38th Avenue, and Wadsworth Boulevard). All of the roadway cross- sections (described in the next section of this chapter) include sidewalks w~h buffers separating them from the curb, The buffer could be landscaped or hardscaped and may selVe as an amenity zone with benches, lighting, planters, etc ., as appropriate for the adjacent land uses. As roadway improvements are made and as development or redevelopment occurs, sidewalks should be constructed in conjunction with the roadways. Design Standards Typical Cross-Sections Historically, Wheat Ridge's roadway cross-section standards have included provisions for sidewalks on local, collector and arterial facilities , but bike lanes were not included in the typical cross-sections. Through this planning process, the project team has developed typical cross- sections to transform the City's streets into "complete streets," with provisions for all users and modes within the public right of way. Many of Wheat Ridge's streets do not currently comply w~h these standard cross- sections; the intention of these cross-sections is to selVe as a standard for future improvement projects . These cross-sections should be used in combination with the Bicycle and Pedestrian Plan. The project teem, in coordination with the Project Advisory Committee, has developed recommended typical cross -sections for arterial, collector, and local roads, which are defined in the Comprehensive Plan. In addition to identifyng and quantifying the amenities (vehicular travel lanes, bike lanes, sidewalks, buffer/amenity zones, medians, curb and gutter or roadside ditches), the cross-sections also identify the bicycle and pedestrian user types (refer to the Planning for Bicyclists and Pedestrians chapter of this report for definitions) that would be accommodated within the right of way. For Wheat Ridge's arterial street system, five typical cross-sections are presented on Figures 4 and 5. All arterial cross -sections include minimum six-foot sidewalks with a minimum six-foot landscaped or amenity zone buffer. Figure 4 illustrates two options for 5-lane arterials; one with one street bike lanes and one without. Although the arterial cross-sections include bicycle facilities, Type C bicyclists are generally not accommodated on arterial streets because children typically are more comfortable bicycling adjacent to roadways with lower vehicular volumes like collectors and local streets. t E.SBUQ(J I'l)l T & U( l E ,IG Page 19 DRAFT I ·Complete streets" safely accommodate all users and modes within the public ~ght 01 way, lily 0 1 ? Wheat RLdge Bicycle and Pedestrian Master Plan Figure 5 depicts the cross-sections for three-lane arterials. The first !WO cross-sections have an urban character with curb and gutter and a raised median. They differ in that one provides on-street bike lanes and the other does not. Figure 5 also includes a cross-section with roadside ditches and a center leff turn lane, but wrthout a raised median. This cross-section maintains provision for sidewalks and bike lanes . Figures 6, 7, and 8 depict the cross-section options for collector streets. All collector cross-sections include minimum six-foot sidewalks with a minimum six-foot buffer. The three-lane collectors shown on Figure 6 include a raised median, wrth and without bike lanes . The !Wo-Iane collectors on Figure 7 display options for bike lanes, shared lanes, and no bicycle facilities. Figure 8 provides options for collector streets with roadside ditches: one wrth bike lanes and one with shared lanes . With adequate width, the shared lanes shown on Figures 7 and 8 could be used for vehicular travel, bicyclists, and on-street parking. Figure 9 Illustrates the cross-section options for local streets . Since local streets generally carry minimal vehicular traffic, designated bike lanes are not necessary. The local street cross-sections offer the options for shared lanes [again, for vehicular traffi c, bicyclists, and parking) and roadside ditches. Design Guidelines When the corridor improvements in the Bicycle and Pedestrian Plan are designed and implemented, !WO design manuals should be referenced to provide guidance in developing safe bicycle and pedestrian facilities: ~ Guide for the Planning, Design, and Operation of Pedestrian Facilities [AASHTO, 2004), and ~ Guide for the Development of Bicycle Facilities [AASHTO, 1999) I E~SBURG 1'0l r '" Ul L E'.lG The Bicycle Facilities Guide provides design standards related to bike lane treatment at intersections , appropriate signing and pavement markings, structures ond underpasses, among other items. Chapter 3 of the Pedestrian Facilities Guide outlines design guidelines for sidewalk facilrties including treatment at intersections, lighting, grade-separated crossings, and lighting. Page 22 DRAFT Ci t y 0 1 p Whe at~ge Bicycle and Pedestrian Master Plan Multi-Use Trail Considerations Multi-use trails should be a minimum of 10 feet wide to safely accommodate bicyclists, pedestrians, and other users (e.g " in -line skaters and wheelchairs) in both directions . The Bicycle Fa c ilities Guide outlines common behavior of multi-use trail users that need to be considered in the design and determination of the appropriate facility type. Multi-use trail users may have very low delay toleran c e , a strong desire to maintain momentum, little traffic knowledge (particularly children), and sometimes a "regulations don't apply to me" mentality. Trail users are looking for a continuous, minimally interrupted facility . Counter to the common perception that multi-use trails are the safest bicycle and pedestrian facilities , recent research (Sidepath Safety Model -Bic ycle Sidepath Des ign Fa c tors Affec ting Crash Rates, TRR 198 2, TRB , 2006) indicates that th e safety of a multi-use trail versus o n- street bicycle facilrties depends upon several fa c tors in c luding the width of the trail (a surrogate for speed), the distanc e between the trail and the roadway, the speed limit of the adjacent roadway, and the number of through lanes on adjacent roadway. Given the typical behaviors of trail users, the safety of a multi -use trail (a s quantified in the Sidepath Safety Moden should be a major consideration in implementing a trail rather on-street bic ycle fa c ilities . Drive-way access across multi-use trails should be minimized . Where intersections or drive-ways exist, the trail design should : • Include provisions to slow both motorists and trail users in advance of conflict points, • Provid e clear warning signs of the approaching inte rs ecti o n • Clearly assign right of way, and • Increase visibility for motorists and trail users . Level of Service Calculations Historically, bicycle and pedestrian level of servi c e (LOS) calculations have been bosed on the density of bicycle and/or pedestrian traffi c within a particular bikeway, walkway or shared use path. The 2010 Highway Capac ity Manual (Transportation Research Board) is expecte d to be published by the end of 201 O. The new HCM will incorparate bi c yc le and pedestrian level of service calculations that quantify how well a facility operates from the travelers perspective . Page 27 DRAFT I Multi-Use Troll Cilyol p-WheatR.!9ge Bicycle and Pedestrian Master Plan Conditions that Affect Bicycle Level of Service: ~ Effective travel width for the bicyclists (how much space is available to maneuver within the bikeway) ~ On-street parking encroachments (drivers opening the doer of their parked vehicles is a hazard for bicyclists) DRAFT 1_-__ '-----'" ~ Volume of motor vehicles and percent heavy vehicles (less vehicular traffic and fewer heavy vehicles creates a more comfortable environment for the bicyclist) Bike Lone odfOCent to on-street ~ Speed of traffic (slower vehicular speeds create a more comfortable environment for the bicyclist) ~ Pavement surtace condition (poor surtace conditions require bicyclists to maneuver around pot holes and cracks) Pedestrian Level of Service ~ Width of the sidewalk (a wider sidewalk allows pedestrians to travel two or more abreast and pass comfortably) ~ Width of buffer separation and presence of barriers within buffer (a buffer increases the distance between pedestrians and vehicular traffic creating a more comfortable and safe walking environment; the presence of trees or other barriers with the buffer further enhances pedestrians' feeling of separation from vehicular traffiC) ~ Ameniffes o n adjacent roadway (a wider outside vehicular travel lane, the presence of bike lanes and on-street parking increases the separation between pedestrians and vehicular traffic , creating a more comfortable environment) ~ Presence of bike lanes (physical separation of bicycle and pedestrian traffic results in a more comfortable environment for pedestrians) ~ Volume and speed of motor traffi c (less vehicular traffic and slower speeds create a more comfortable environment) A first step to ensure that facilit ies are designed to improve bicycle and pedestrian level of service would be for the City to require before and after bicycle and pedestrian LOS calc ulations when conceptual plans are developed. Based on the LOS calculat ions, adjustments may be required to the conceptual plans to further Improve the bicycle and pedestrian fa ci lities . Page 28 t .. lyol ?WhcatR!9gc Bicycle and Pedestrian Master Plan Potential Funding Sources Like most commun~ies in Colorado, Wheat Ridge is facing a challenge of how to fund bicycle and pedestrian improvements. Based on information provided in the Alliance for Biking & Walking 2010 Benchmark Report, 10 percent of all trips in Colorado are made by bike or foot, while only 1 .2 percent of federal transportation funds are spent on bicycle and pedestrian projects. This disparity spurs the need to identity and establish consistent funding sources for bicycle and pedestrian improvements. Following is a summary of funding options that might be considered , individually or In combination, by the City to fund the bicycle and pedestrian improvements identified in this Master Plan. Each funding source has a unique set of eligibility requirements that will need to be matched with the appropriate improvement projects . Transportation Enhancements (TE) The Transportation Enhancement [TE) program is administered by the Federal Highway Administration [FHWA) and is intended to expand transpartation choices and enhance the transportation experience through 1 2 eligible TE activities, three of which relate directly to bicycle and pedestrian improvements or programs . The bicycle and pedestrian activities eligible for TE funds include : 1) provision of facilities for pedestrians and bicycles, 2) provision of safety and educational activities for pedestrians and bicyclists, and 3) preseNation of abandoned railway corridors [Including the conversion and use of the corridors for pedestrian and bicycle trails). TE funds require a local match and are distributed to local jurisdictions through the Denver Regional Council of Governments [DRCOG). Congestion Mitigation and Air Quality (CMAQ) The federal Congestion Mitigation and Air Quality [CMAQ) program is administered by FHWA and the Federal Transit Administration [FTA) and funds transportation projects or programs that will contribute to attainment or maintenance of the National Ambient Air Quality Standards [NAAQS). Bicycle and pedestrian projects that may be eligible for CMAQ funds would include those which could demonstrate a reduction in single occupant vehicle [SOV) travel. CMAQ funds typically require a local match and are distributed to local jurisdictions through the Denver Regional Council of Governments [DRCOG). Safe Routes to School (SRTS) The purpose of the federal Safe Routes to School [SRTS) program is to empower communities to make walking and bicycling to school a safe and routine activity . The program provides grants for projects that build Page 34 DRAFT I Safe Routes (:IIOf Jdo Sitj !!OIIle .. City 0 1 ?Wheat:R!9ge Bicycle and Pedestrian Master Plan safer street crossings and sidewalks and programs that encourage children and their parents to walk and bicycle to school. The Colorado Department of Transpartation [COOT) administers Colorado's SRTS program . Urban Park and Recreation Recovery (UPARR) The Urban Park and Recreaffon Recovery [UPARR) program was established in 1978 by the Notional Park Service to provide federal funding to urban areas for rehabilitation of recreational facilities, including trails, among others. The program is focused on providing Incentives for economically distressed urban communities, and only cities and urban counffes that meet the established criteria are eligible for assistance . Mhough Wheat Ridge does not meet the eligibility requirements, up to 1 5 percent of the program funds annually may be granted to local governments which do not meet eligibility criteria . The UPARR program initially authorized $ 725 million; however, it has not been funded since 2002. Recreational Trails Program (RTP) The Recreational Trails Program [RTP) is a federal program established by FHWA; Colorado's funds are administered by Colorado State Parks. The program provides funds to develop and maintain recreational trails and trail-related facilities. Trail grants are offered once a year through the Colorado State Trails Program. Great Outdoors Colorado (GOCO) Great Outdoors Colorado [GOCO) was established in 1992 to use a partion of Colorado Lottery dollars to fund projects that help preserve, protect, enhance and manage Colorado's wildlife, park, river , trail and open space heritage . Trail grants are offered once a year through the Colorado State Trails Program . Bikes Belong Bikes Belong Is a coalition that was established in 1 999 with the gool of putting more people on bicycles more often. They offer grants for bicycle facilities such as bike paths, trails, and bridges. Bikes Belong accepts applications from nonprofit organizations as well as from public agencies . They encourage municipalities to align with local bicycle advocacy groups to help develop and advance the project. Bikes Belong grants are awarded quarterly and require local or federal [or other) funding for at least half of the projecfs total budget. Page 35 DRAFT I --.~-..... -.... GREAT ~a X Bikes Belong Ci ty 0 1 ? Wheat R.:Ldge Bicycle and Pedestrian Master Plan Wheat Ridge General Fund The City uses its general fund for many local transporta~on improvement projects, The City could opt to dedicate a certain portion of its annual transportation spending toward bicycle and pedestrian improvements, Since many of the federal funding sources require a local match. the dedication of a portion of the general fund to bicycle and pedestrian projects would help to leverage other funding sources, Next Steps The intent of this Bicycle and Pedestrian Master Plan is to ensure that the City of Wheat Ridge has a plan in place to effectively upgrade the bicycle and pedestrian system, The following list provides a summary of actions the City of Wheat Ridge should consider taking to fund and implement the desired bicycle and pedestrian improvements, ~ Adopt the multi-modal typica l cross-sections as part of the City's roadway standards, ~ Require bicycle and pedestrian level of service calculations for conceptual designs of a ll roadway improvement projects (before and after the subject improvements), ~ Complete conceptual level corridor designs for tihe top ranking bicycle and pedestrian corridors. ~ Pursue federal. state. local and non-profit funding to implement bicycle and pedestrian improvements, Page 36 1,_-__ '""--------' DRAFT City 0 1 ?WheatRLdge Bicycle and Pedestrian Master Plan I AppendixA. References Bicycle Level of Service: Applied Model, Sprinkle Consu~ing, April 2007. Countywide Transportation Plan, Jefferson County, April 1998. Denver Bike Map, City and County of Denver, September 2006. Economic Value of Walkabilily, Todd Alexander Litman, Victoria Transport Policy Institute, May 21, 2010. Envision Wheat Ridge Comprehensive Plan, City of Wheat Ridge, October 2009. Guide for Planning, Design, and Operation of Pedestrian Facilities , American Association of State Highway Transportation Officials (MSHTO), July 2004. Guide for the Development of Bicycle Facilities, American Association of State Highway and Transportation Officials (MSHTO), 1999. Modeling the Roadside Walking Environment: A Pedestrian Level of Service, Bruce W. Landis, PE, AICP, Vankat R. Vattikuti. MS', Russell M. Ottenberg, AICP, Douglas S. McLeod, Martin Guttenplan, TRB Paper No. 01-0511. January 2007. Multlmodal Level of Service Analysis for Urban Streets, National Cooperative Highway Research Program, Report 61 6. Parks & Open Space Trail Map & Guide, City of Arvada. Pedestrian and Bicycle Access Plan for the Sheridan Boulevard, Olde Town Arvada, and Arvada Ridge Transit Oriented Development Sites, City of Arvada, December 1, 2009. Planning For Pedaling, Lakewood Bicycle System Master Plan, City of Lakewood, September 2005. Sidepath Safely Model -Bicycle Sidepath Design Factors Affecting Crash Rates, TRR 1 982, TRB, 2006. Streetscape and Architectural Design Manual, City of Wheat Ridge, January 10 , 2003. 2010 Benchmarking Report, Alliance for Biking & Walking, WV/W.PeoplePoweredMovement.org/Benchmarking. Appendix A DRAFT c..t yot Y Whc atR.i9gc Bicycle and Pedestrian Master Plan I o Bike/shared lanes on local or collector -A. B. and C o Sidewalk on arterial -Pedestrians o Sidewalk on local or collector -C and Pedestrians o Mul~-Use Trails -B. C. and Pedestrians • Would the facility provide connectivity to other modes of travel? o Provides direct access to future commuter rail station . park-n-Ride. or transfer station -4 points o Provides indirect access to future commuter rail station (within '/2 mile). pork-n-Ride facility or transfer station (within V4 mile) or has 250 or more RTD buses per day along and crossing the facility -3 points o 100 -250 RTD buses per day along and crossing the facility -2 points o Up to 1 00 RTD buses per day along and crossing the facility -1 point o No buses along or crossing the facility -0 points • Will the facility be a part of an existing route or trail? o Completes a gap in an existing route/trail -4 points o Extends an existing route/trail -2 points • Is there a public desire for the facility? o Based on the number of people who ''voted'' for each facility during the public outreach process • 7 or more ''votes'' -4 points • 5 or 6 ''votes '' -3 points • 3 or 4 ''votes '' -2 points • 1 or 2 ''votes" -1 point fE.SBI}>1.'lI'i IT ~lllE,l, Appendix D I T E M N O : REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: 08/09/10 TITLE: RESOLUTION 44-2010 - AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN “INTERGOVERNMENTAL AGREEMENT” BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 2, 2010. PUBLIC HEARING ORDINANCES FOR 1ST READING (mm/dd/yyyy) BIDS/MOTIONS ORDINANCES FOR 2ND READING (mm/dd/yyyy) RESOLUTIONS Quasi-judicial: YES NO _________________________________ _________________________________ Michael Snow, City Clerk City Manager EXECUTIVE SUMMARY: The City of Wheat Ridge will participate in a coordinated election on November 2, 2010. The attached Resolution and Intergovernmental Agreement must be executed prior to the election. The documents refer to the respective duties of the County and the City of Wheat Ridge regarding the administration of their respective duties concerning the conduct of the Coordinated Election. The duties of the County Clerk include, but are not limited to ballot preparation, voter lists, staff selection and training, providing election supplies, counting of the ballots, and certification of results. The duties of the City of Wheat Ridge include, but are not limited to Call and Notice and ballot preparation. The City Clerk shall act as the City of Wheat Ridge’s “Election Officer” and the designated election official. He shall act as the primary liaison between the City of Wheat Ridge and the Contact Officer for the County Clerk and Recorder. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: N/A ALTERNATIVES CONSIDERED: N/A FINANCIAL IMPACT: The City of Wheat Ridge shall pay its pro-rated share of Election costs for all Election services, including, without limitation, staff time (regular and overtime), equipment, forms, materials and supply costs. In addition, the City shall pay its share of pro-rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the Election at each employee's pay rate or, if such costs do not exceed $1,000, then $1,000, whichever is greater. The City's pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached to, and incorporated into this Agreement. RECOMMENDED MOTION: “I move to approve Resolution No. 44-2010 authorizing an Intergovernmental Agreement with the County of Jefferson regarding the Administration of the respective duties concerning the conduct of the Coordinated Election to be held on November 2, 2010. ATTACHMENTS: 1. Resolution No. 44-2010 2. Intergovernmental Agreement CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 44 SERIES of 2010 TITLE: RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE AN “INTERGOVERNMENTAL AGREEMENT” BY AND BETWEEN THE COUNTY OF JEFFERSON, STATE OF COLORADO, AND THE CITY OF WHEAT RIDGE, COLORADO, REGARDING THE ADMINISTRATION OF THEIR RESPECTIVE DUTIES CONCERNING THE CONDUCT OF THE COORDINATED ELECTION TO BE HELD ON NOVEMBER 2, 2010. WHEREAS, pursuant to Section 1-7-116(2), C.R.S., as amended, the County Clerk and the City of Wheat Ridge shall enter into an agreement for the administration of their respective duties concerning the conduct of the coordinated election to be held on November 2, 2010 (“Election”): and WHEREAS, the County Clerk and the City Clerk of the City of Wheat Ridge (the “City Clerk”) are authorized to conduct elections as provided by law; and WHEREAS, the County Clerk will conduct the Election as a “coordinated mail ballot election” as such term is defined in the Uniform Election Code of 1992, C.R.S. Title 1, as amended (“Code”) and the Current Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (“Rules”); and WHEREAS, the City of Wheat Ridge has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the City of Wheat Ridge have determined that it is in the Parties’ best interests to cooperate in connection with the Election upon the terms and conditions contained in the Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge that the appropriate City Officials are hereby authorized to execute the Intergovernmental Agreement by and between the City of Wheat Ridge and the County of Jefferson regarding the administration of the parties’ respective duties concerning the conduct of the coordinated election to be held on November 2, 2010. DONE AND RESOLVED on this 9th day of August , 2010 Jerry DiTullio, Mayor ATTEST: ___________________ Michael Snow, City Clerk INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION THIS INTERGOVERNMENTAL AGREEMENT FOR COORDINATED ELECTION (the "Agreement") is made and entered into ,2010 by and between the CLERK AND RECORDER FOR JEFFERSON COUNTY, COLORADO (the "County Clerk") and the --------------~ (the "Jurisdiction"), collectively referred to as the "Parties." WITNESSETH WHEREAS, pursuant to C.R.S. §1-7-116(2), as amended, the County Clerk and the Jurisdiction shall enter into an agreement for the administration of their respective duties concerning the conduct ofthe general election to be held on November 2,2010 (the "Election"); and WHEREAS, the County Clerk and the Jurisdiction are authorized to conduct elections as provided by law; WHEREAS, the County Clerk will conduct the Election as a "coordinated precinct polling place election" as such term is defined in the Uniform Election Code of 1992, c.R.S. Title 1, as amended (the "Code") and the CUrrent Rules and Regulations Governing Election Procedures adopted by the Secretary of State, as amended (the "Rules"); WHEREAS, the Jurisdiction has certain ballot issues and/or ballot questions to present to its eligible electors and shall participate in this coordinated election; and WHEREAS, the County Clerk and the Jurisdiction have determined that it is in the Parties' best interests to cooperate in connection with the Election upon the terms and conditions contained in this Agreement. NOW, THEREFORE, for and in consideration ofthe promises herein contained, the sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I PURPOSE AND GENERAL MATTERS 1.01 Goal. The purpose of this Agreement is to set forth the Parties' respective tasks in order to conduct the Election and to allocate the cost thereof. 1.02 Coordinated Election Official. The County Clerk shall act as the "coordinated election official" in accordance With the Code and Rules and shall conduct the Election for the Jurisdiction and do all other things required to be done by it in accordance with the Code and the Rules. M:\A TTORNEY\OFFICIAL\CLK&RCRD\I O-Elections\Muni 2010 -Clean.doc 1 The County Clerk designates Joshua B. Liss as the "Contact Officer" to act as the primary liaison between the County Clerk and the Jurisdiction. The Contact Officer shall act under the authority of the County Clerk and shall have primary responsibility for the coordination of the Election with the Jurisdiction and completion of procedures assigned to the County Clerk hereunder. Nothing herein shall be deemed or construed to relieve the County Clerk or the Jurisdiction from their official responsibilities for the conduct of the Election. 1.03 Designated Election Official. The Jurisdiction designates ____ _ ________ as its "Election Officer" to act as primary liaison between the Jurisdiction and the Contact Officer. The Election Officer shall have primary responsibility for Election procedures to be handled by the Jurisdiction. The Election Officer shall act as the "designated election official" in accordance with the Code and Rules and shall do all things required to be done by it in accordance with the Code and the Rules. The Election Officer shall be readily available and accessible during regular business hours, and at other times when notified by the Contact Officer in advance, for the purposes of consultation and decision-making on behalf of the Jurisdiction. In addition, the Election Officer is responsible for receiving and timely responding to inquiries made by its voters or others interested in the Jurisdiction's election. 1.04 Jurisdictional Limitation. The Jurisdiction encompasses territory within Jefferson County, Colorado. This Agreement shall be construed to apply only to that portion of the Jurisdiction situated within Jefferson County. 1.05 Term. The term of this Agreement shall be from the date set forth above through December 31, 2010 and shall apply only to the Election. ARTICLE II DUTIES OF THE COUNTY CLERK 2.01 County Clerk Duties. The County Clerk shall perform the following duties for the Jurisdiction: A. Voter Registration. 1. Supervise, administer and provide necessary facilities and forms for all regular voter registration sites. 2. Notify the Jurisdiction of the certified number of registered electors residing within the Jurisdiction as of the close of the registration books on the 29th day prior to the Election. B. Ballot Preparation. 1. Layout the text of the ballot in a format that complies with the Code and the Rules. M:\A TTORNEY\OFFICIAL\CLK&RCRD\I O-Elections\Muni 20 I 0 -Clean. doc 2 2. Provide ballot printing layouts and text for the Jurisdiction's review and signature. 3. Certify the ballot content to the printer(s). 4. Contract for mail-in ballots, sample ballots and precinct polling place ballots with a vendor acceptable to the County Clerk. c. Voter Lists. 1. Upon request of the Jurisdiction, create a list of registered voters containing the names and addresses of each elector registered to vote in the Jurisdiction. The Jurisdiction shall pay the County Clerk for the cost of such list at the County Clerk's standard rate. 2. Upon request of the Jurisdiction, certify such registration list to one or more designated representatives of the Jurisdiction. D. Staff. Appoint and train a sufficient number of staff (including part-time, full-time and temporary) to adequately serve the number of electors registered to vote at the Election. E. Election Judges. Appoint and compensate a sufficient number of election judges for each polling location and for locations for absentee mail-in ballots, as required by law. The Jurisdiction shall pay its pro-rated share of Election costs (as further described in Article IV) for training, criminal background records checks and compensation of election judges. F. Mail-In and Early Voting. 1. Conduct mail-in, early and emergency voting in the County Clerk's office and at other locations for the Jurisdiction as required by the Code. 2. Obtain and provide all ballots and supplies necessary for mail-in, early and emergency voting together with replacement ballots. G. Election Supplies. Provide all necessary equipment, forms and supplies to conduct the Election, including the County's electronic voting equipment. The Jurisdiction shall be charged its pro-rated share of Election costs for any software programs used to count voted ballots as well as pre-and post-election maintenance and on-site technical personnel. H. Election Day Preparation. 1. Prepare and run pre-election logic and accuracy testing in accordance with C.R.S. §1-7-509(2) and the Rules. M:\A TTORNEY\OFFICIAL\CLK&RCRD\I O-Elections\Muni 20 I 0 -Clean. doc 3 2. Provide necessary electronic voting equipment together with personnel and related computer equipment for pre-election logic and accuracy testing and Election day needs. I. Voted Ballot Deposit 1. Provide a ballot box and seal within the Jurisdiction's primary business location for the use by all county voters. 2. Provide daily business-day pick-up of the sealed ballot box containing voted ballots from all assigned locations, and provide a replacement empty ballot box and seal. J. Election Day Activities. 1. Provide telephone and in person support from 6:00 a.m. to the conclusion of ballot counting on Election day. 2. Inspect voted ballots, count ballots and furnish the Jurisdiction with unofficial results of the Election. K. Counting Ballots. 1. Conduct and oversee the ballot counting process and report the results by Jurisdiction. 2. Establish backup procedures and backup sites for ballot counting should counting equipment fail. In such event, counting procedures will be moved to a predetermined site for the duration of Election counting procedures. 3. Provide personnel to participate in and assist with ballot counting procedures. The Jurisdiction shall participate to ensure its participation in any electronic vote tabulating processes. L. Certifying Results. 1. Appoint, instruct and oversee the board of canvassers. 2. Certify the results of the Jurisdiction's Election within the time required by law and provide the Jurisdiction with a copy of all Election statements and certificates, which are required under the Code. 3. If a recount is called for, conduct a recount in accordance with applicable law. 4. Conduct post-election audit of voting equipment and vote-counting equipment in accordance with C.R.S. §1-7-509 and the Rules. M:\ATTORNEY\OFFICIAL\CLK&RCRD\IO-Elections\Muni 2010 -Clean. doc 4 M. Recordkeeping. 1. Store all Election records as required by law. Store all voted and unvoted ballots for the time period required by the Code, store voter affidavits of electors who cast ballots in the Election for a minimum of 25 months in such a manner that they may be accessed by the Jurisdiction, if necessary, to resolve any challenge or other legal questions that might arise regarding the Election. 2. Capture vote history for the County Clerk's election department vote history file by County precinct. 2.02 No Expansion ofDuties~ Nothing contained in this Agreement is intended to expand the duties of the County Clerk beyond those set forth in the Code or the Rules. ARTICLE III DUTIES OF JURISDICTION 3.01 Jurisdiction's Duties. The Jurisdiction shall perform the following duties: A. Authority. Provide the County Clerk with a copy of the ordinance or resolution stating that the Jurisdiction has adopted the Code and that the Jurisdiction will participate in the Election in accordance with the terms and conditions of this Agreement. The ordinance or resolution shall further authorize the presiding officer of the Jurisdiction or other designated person to execute this Agreement. B. Call and Notice. Publish all notices relative to the Election as required by the Code, the Rules, the Jurisdiction's Charter and any other statute, rule or regulation. C. Voting Jurisdiction. Furnish the County Clerk with maps or other legal descriptions of each precinct, ward and voting jurisdiction no later than August 24, 2010. D. Petitions, Preparation and Verification. Perform all responsibilities required to certify any candidate or initiative petition to the ballot. E. Ballot Preparation. 1. Submit a copy of the list of candidates, ballot issues or questions and the titles and summaries of each such issue and question to the County Clerk via email or electronic format exactly as such list is to be printed on the ballot pages no later than September 3, 2010 at 3 :00 p.m. 2. Provide audio recording of the proper pronunciation of any candidate name certified to the Clerk and Recorder. M:\ATTORNEY\OFFICIAL\CLK&RCRD\IO-Elections\Muni 2010 -Clean. doc 5 3. Proof the layout and text of any official ballot before authorizing the printing of such ballot via signature approval to the County Clerk. F. Election Day Preparation. Provide a minimum of one individual to represent the Jurisdiction at pre-election logic and accuracy testing required by the Code and the Rules and provide a minimum of one individual to represent the Jurisdiction on the canvass board, which shall be established as provided in c.R.S. § 1-10-101, et. seq.' The name of the Jurisdiction's representative shall be submitted in writing to the Contact Officer on or before 5:00 p.m. on October 18,2010, the 15 th day prior to the Election. G. Voted Ballot Deposit. 1. Provide a prominent location for a sealed ballot box in which all county voters may deposit their voted ballot. The ballot box must be available to voters from 7:00 a.m. to 7:00 p.m. on the day of the Election. 2. Provide constant supervision during business hours for the ballot box and ensure that the ballot box is never left unattended. 3. Provide a secure, locked storage location for the ballot box during all non- business hours. 4. Provide for the secure delivery of sealed ballot boxes to the County Clerk immediately after polls close on Election Day. H. Ballot Counting. Participate in vote tabulating procedures. 3.02 Cancellation of Election by the Jurisdiction. If the Jurisdiction resolves not to hold the Election, then written notice shall be delivered to the Contact Officer immediately; provided, however that the Jurisdiction shall not cancel the Election after the 25th day prior to the Election. If the Jurisdiction cancels the Election, it shall pay the County Clerk its actual costs relating to the Election, which may include costs incurred both before and after receipt of the Jurisdiction's notice of cancellation, within 30 days after cancellation. The Jurisdiction shall provide notice by publication (as defined in the Code) of cancellation of the Election and a copy of such notice shall be posted at each polling place of the Jurisdiction, in the office of the Jurisdiction and in the office of the County Clerk. M:\A TTORNEY\OFFlClAL\CLK&RCRD\1 O-E1ections\Muni 20 IO -Clean.doc 6 ARTICLE IV COSTS 4.01 Election Costs. The Jurisdiction shall pay its pro-rated share of Elections costs for all Election services, including, without limitation, staff time (regular and overtime), equipment, forms, materials and supply costs. In addition, the Jurisdiction shall pay its share of pro- rated costs for County employee overtime and temporary employee regular and overtime related to the preparation and conduct of the Election at each employee's pay rate or, if such costs do not exceed $1,000, then $1000, whichever is greater. The Jurisdiction's pro-rated costs shall be determined in accordance with the formula set forth in Exhibit A attached to, and incorporated into, this Agreement. 4.02 Invoice. The County shall submit to the Jurisdiction an itemized invoice for all expenses incurred under this Agreement and the Jurisdiction shall remit to the County the total due upon receipt. Any amount not paid within 30 days after receipt will be subject to an interest charge at the lesser of 1 12% per month or the highest rate permitted under law. ARTICLE V MISCELLANEOUS 5.01 Notices. All notices required to be given under this Agreement shall be deemed received and effective: (1) three days after the same is mailed by first class, certified mail, return receipt; (2) immediately upon hand delivery; or (3) immediately upon confirmation of receipt during regular business hours if sent via facsimile; to the address of the Parties as set forth below or to addresses as may be designated by a Party hereafter in writing. To the County Clerk: Pamela Y. Anderson Jefferson County Clerk and Recorder 100 Jefferson County Parkway, Suite 2560 Golden, Colorado 80419 Fax: (303) 271-8197 with a copy to: Jefferson County Attorney's Office To Jurisdiction: 100 Jefferson County Parkway, Suite 5500 Golden, Colorado 80419 Fax: (303) 271-8901 Fax: ________________________ __ 5.02 Amendment. This Agreement may not be modified or amended except in a writing signed by the Parties. M:\ATTORNEY\OFFICIAL\CLK&RCRD\IO-Elections\Muni 2010 -Clean.doc 7 5.03 Entire Agreement. This Agreement and its Exhibits constitute the entire agreement between the Parties as to the subject matter hereof and supersede all prior or contemporaneous agreements, proposals, negotiations, understandings, representations and all other communications, both oral and written, between the Parties. 5.04 Indemnification. To the extent permitted by law, each Party agrees to indemnify and hold harmless the other Party, its officials, officers, employees and agents from and against any and all losses, costs (including attorneys fees), demands or actions arising out of or related to any negligent actions, errors or omissions of the indemnifying party in connection with the transactions contemplated by this Agreement. . 5.05 Conflict of Agreement with Law, Impairment. If any provision in this Agreement conflicts with the Code, Rules, statute or resolution or ordinance duly adopted by the Jurisdiction, this Agreement will be modified to conform thereto. No subsequent resolution or ordinance of the Jurisdiction shall waive or impair the rights of a Party without the consent of the other Party. 5.06 Time of Essence. Time is of the essence in the performance of this Agreement. The time requirements of the Code and the Rules shall apply to completion of the tasks required by this Agreement. 5.07 No Third Party Beneficiaries. Enforcement of the terms and conditions of this Agreement and all rights of action relating to such enforcement shall be strictly reserved to the Parties, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other person or entity not a party to this Agreement. 5.08 Further Assurances. The Parties shall execute any other documents and to take any other action necessary to carry out the intent of this Agreement. 5.09 Governing Law; Jurisdiction & Venue. This Agreement and the rights of the Parties under it will be governed by, and construed in accordance with, the laws of the State of Colorado, without regard to the conflicts of laws rules of Colorado. The courts of the State of Colorado shall have sole and exclusive jurisdiction of any disputes or litigation arising under this Agreement. Venue for any and all legal actions arising under this Agreement shall lie in the District Court in and for the County of Jefferson, State of Colorado. 5.10 Headings. The section headings in this Agreement are for reference only and shall not effect the interpretation or meaning ofatiy provision of this Agreement. 5.11 Counterparts. This Agreement may be executed in counterpart, each of which will be deemed an original. Delivery of an executed signature page of this Agreement by facsimile or email transmission will constitute effective and bindIng execution and delivery of this Agreement. M:\A TTORNEY\OFFICIAL\CLK&RCRD\I O-Elections\Muni 20 I 0 -Clean.doc 8 5.12 Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, void or unenforceable, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 5.13 Immunities Preserved. It is the intention of the parties that this Agreement shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunities Act, §24-1O-101, C.R.S, et. seq. IN WITNESS WHEREOF, the Parties have signed this Intergovernmental Agreement for Coordinated Election as of the date set forth above. JEFFERSON COUNTY CLERK AND RECORDER By ______________________ __ Name: Pamela Y. Anderson Title: Clerk and Recorder APPROVED AS TO FORM FOR THE COUNTY CLERK AND RECORDER: By ________________ _ Assistant County Attorney JURISDICTION: By ________________________ _ Name: Title: APPROVED AS TO FORM FOR THE JURISDICTION: By ________________ _ Name: --------------- Title: ---------------- M:\ATTORNEY\OFFICIAL\CLK&RCRD\IO-Elections\Muni 2010 -Clean.doc 9 EXHIBIT A CALCULA TION OF ELECTION COSTS FOR A JURISDICTION 1) Each ballot style is comprised of different combinations of jurisdictions on the ballot. For example Ballot Style 1 might include the County and State only, Ballot Style 2 might include the County, the State and the Jurisdiction. 2) The County Clerk first determines the total number of voters for each ballot style by utilizing a computer program after ballot information is entered into its system. Then, the total number of voters for each jurisdiction by ballot style is determined by taking the total number of voters for each ballot style and dividing this number by the number of jurisdictions participating in such ballot style. Using the scenario in number 1 above, if Ballot Style 2 had 99 voters, then each entity would be allocated 33 voters because three jurisdictions share that ballot style (99 divided by 3 = 33). 3) The total number of voters ajurisdiction is allocated pursuant to the formula in number 2 above is then divided by the total number of registered voters in the County. Using the example set forth above for Ballot Style 2, each jurisdiction is allocated 33 voters. Thus, 33 is divided by the total number of registered voters to determine the percentage for which each jurisdiction is responsible in connection with Ballot Style 2. For example, if the total number of registered voters was 10,000, then each jurisdiction would be responsible for .33% for Ballot Style 2 (33 divided by 10,000 = .0033 or .33%). 4) After all ballot styles are tallied, the percentages for the ballot styles for each jurisdiction are added together to get that j urisdiction's grand total percentage. For example, if the Jurisdiction was included in three ballot styles and the Jurisdiction's resulting percentages for the three ballot styles was 0.6%, 0.25%, and 3.5%, the sum of these percentages for the three ballot styles would result in a grand total of 4.35% (0.6 + 0.25 + 3.5 = 4.35%). 5) The resulting percentage grand total described in the formula in number 4 above is then used to determine ajurisdiction's total cost for the election. For example, if the Jurisdiction's grand total percentage was 4.35% and the total cost of the election was $200,000, then the Jurisdiction would owe $8700.00 ($200,000 multiplied by .0435 = $8700.00). There is a $1000 minimum charge, so no jurisdiction will be charged less than $1000. All numbers used above are for illustration only. The Jurisdiction shall not assume the above examples reflect its actual or estimated cost for the Election. See also sample chart below for further illustration. [YEAR] [ELECTION TITLE] [JURISDICTION] STYLE NUMBER OF DIVIDED BY THE TOTAL VOTERS DIVIDED BY PERCENTAGE NUMBER VOTERS NUMBER OF PER TOTAL PER JURISDICTIONS JURISDICTION NUMBER OF JURISDICTION BALLOTS ISSUED TOTAL (000,000) TOTAL PERCENTAGE FOR [JURISDICTION] M:\ATTORNEY\OFFICIAL\CLK&RCRD\IO-Elections\Muni 2010 -Clean. doc 10 MUAAAY DA .... ..... KUEO .... ENMEI:5TEA RENAUD .......... PO MEMORANDUM TO: Mayor & Council FROM: Gerald Dahl, City Attorney DATE: August 9, 2010 RE: Setting Ballot Titles for November 2, 2010 Election Council must set ballot titles for all Wheat Ridge questions appearing on the November 2, 2010 ballot prior to September 3, 2010. The titles for the two citizen initiated Charter amendments, if determined to be sufficient by the City Clerk, must be set at the Council's next meeting following the City Clerk's certification. While not directly applicable, CRS 31-11-111(3), concerning ballot titles for initiated and referred measures, gives Council the following guidance in setting the ballot titles: In fixing the ballot title, the legislative body or its designee shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote would be unclear. The ballot title shall not conflict with those titles selected for any other measure that will appear on the municipal ballot in the same election. The ballot title shall correctly and fairly express the true intent and meaning of the measure. The following are my suggested titles for each proposed amendment: Form of Government SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED TO PROVIDE FOR A MAYOR-COUNCIL- ADMINISTRATOR FORM OF GOVERNMENT, AND IN CONNECTION THEREWITH, PROVIDING THAT THE EXECUTIVE POWER BE VESTED IN A MAYOR WHO IS ELECTED AT LARGE AND WHO APPOINTS A CITY ADMINISTRATOR TO ADMINISTER THE DAILY AFFAIRS OF THE CITY WITH A SALARY RECOMMENDED BY THE MAYOR AND RATIFIED BY THE CITY COUNCIL, AND MAKING CONFORMING CHANGES TO THE CHARTER? Mayoral Veto of Budget SHALL THE HOME RULE CHARTER OF THE CITY OF WHEAT RIDGE, COLORADO, BE AMENDED TO PROVIDE FOR A MAYOR VETO OF THE CITY ANNUAL BUDGET, AND IN CONNECTION THEREWITH, PROVIDING THAT THE MAYOR MAY VETO THE ENTIRE BUDGET OR PARTIALLY VETO THE BUDGET BY CITY DEPARTMENT(S) AND/OR FUND(S) AND ALLOWING THE VETO TO BE OVERRRIDEN BY THREE-FOURTHS OF THE ENTIRE CITY COUNCIL AND MAKING CONFORMING CHANGES TO THE CHARTER? Council also has on the agenda for its August 9 meeting a resolution setting a ballot title for the question of approval of a citywide (residential) trash franchise. That resolution, if adopted, sets the ballot title for that measure. Finally, in the event the Council chooses to initiate any charter changes on its own motion, that action must take the form of an ordinance, which ordinance must also set the ballot title. CRC 31-2-210(1)(b). Order of Ballot Questions The Colorado statutes assign to the City Clerk the duty of certifying the order of ballot questions in a coordinated election. CRS 1-5-203(3)(a). CRS 1-5-407(5.5) gives guidance on how that order is determined: " ... candidates are listed first, followed by measures to increase taxes, measures to increase debt, citizen petitions, and referred measures." The City Clerk and I have concluded that the two citizen-initiated charter questions should appear first, as they are the result of citizen petitions, followed by the trash franchise question and any council-initiated charter change, as both are measures referred by the Council