HomeMy WebLinkAboutStudy Session Agenda 06-17-13STUDY SESSION AGENDA
CITY COUNCIL MEETING
CITY OF WHEAT RIDGE, COLORADO
7500 W. 29th Ave.
Wheat Ridge CO
June 17, 2013
6:30p.m.
Individuals with disabilities are encouraged to participate in all public meetings sponsored by the
City of Wheat Ridge . Call Heather Geyer, Administrative Services Director at 303-235-2826 at
least one week in advance of a meeting if you are interested in participating and need inclusion
assistance.
PUBLIC COMMENT ON AGENDA ITEMS
APPROVAL OF AGENDA
.L Zoppe ' Circus Update
2. Contract Renewal for Municipal Court Judge
3 . 38 1h Avenue Corridor Plan Implementation
4. Sales Tax Ballot Question Timeline
5. Adoption of the 2011 National Electrical Code
6. Staff Report(s)
7 . Elected Officials' Report(s)
~ ~ "~
""' ~ r City of • .. ~Wheat&_dge
j¥'"0FFICE OF THE 0TY MANAGER
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council N
Patrick Goff, City Manage ~
June 12, 2013
Zoppe Circus Update
On November 26, 2012 , the City awarded a contract to Zoppe Circus in the amount of
$70,000 for 17 performances between August 16th and August 25th 2013 , in conjunction
with the Wheat Ridge Carnation Festival. In addition , the City awarded a contract to
Success Resources Unlimited in the amount of $10,500 for event coordination services.
Gina Hallisey with Success Resources Unlimited will be at the June 17'h study session to
provide an update to the Mayor and Council on the 2013 Zoppe Circus event
coordination.
Attachments:
1. November 26, 2012 CAF Contract Award
2. Zoppe Circus Performance Agreement
3. Success Resources Unlimited Consulting Agreement
4. 2013 Circus Budget
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.. ~ ~ City of • ~WheatRl_dge
ITEM NO:
DATE: November 26 ,2012
REQUEST FOR CITY COUNCIL ACTION
TITLE: MOTION TO AWARD CONTRACT TO ZOPPE CIRCUS,
INC. IN THE AMOUNT OF $70,000 AND SUCCESS
RESOURCES UNLIMITED IN THE AMOUNT OF $10,500
FOR PERFORMANCES AND COORDINATION OF
PERFORMANCES RESPECTIVELY AUGUST 16-25,2013
0 PUBLIC HEARING
1:8;1 BIDS/MOTIONS
0 RESOLUTIONS
D ORDINANCES FOR 1ST READING
0 ORDINANCES FOR 2N° READING
QUASI-JUDICIAL: D YES 1:8;1 NO
Parks and Recreation Director City Manager
ISSUE:
Contract award to the Zoppe Family Circus , Inc. and Success Resources Unlimited for 17
performances, August 16-25 , 2013 , in conjunction with the Wheat Ridge Carnation Festival.
PRIOR ACTION:
City Council approved a Performance Agreement with Zoppe Family, Inc. and a Consulting
Agreement with Success Resources Unlimited for the 2012 season to provide for the production
of the Zoppe Italian Family Circus in August 2012. At the October 8 , 2012 , Study Session,
Council reached a consensus to approve services for the 2013 season. Automatic renewal of the
contract for the 2014 season is based on revenue benchmarks for the event in 2013.
FINANCIAL IMPACT:
The contract amount for Zoppe Circus, Inc. and Success Resources Unlimited are appropriated in
the 2013 budget in the amount of is $105 ,3 76. The City will receive all revenues from ticket
sales and sponsorships for the Zoppe Circus to offset a portion of this expense. Based on the
proposed budget, if revenues meet or exceed $73 ,650, the contract will renew automatically for
one additional year.
Attachment 1
CAF -Zoppe Italian Family Circus
November 26 ,2012
Page2
The total projected revenues from circus performances, vendors and sponsorships are $73 ,650.
Total projected expenses are $105 ,610. The net difference in expenses and revenues is ($31 ,960)
Additional in-kind services will be provided by the City including staff labor and other
miscellaneous expenses.
Expenses :
Marketing/ Advertising/Misc.
Artist Services
Circus Tech Rider/Logistics
Sub Total
Event Coordination
Contract Labor
City of Wheat Ridge Overtime
Sub Total
TOTAL EXPENSES
Revenues:
Sponsorships/ Advertising/Sales
Ticket Sales
Total Revenue
Difference
BACKGROUND:
$ 9 ,885
70 ,000
8,000
$87,885
$10 ,500
4 ,225
3,000
$17,725
$105,610
$17 ,250
56,400
$73,650
($31,960)
The Zoppe Family Circus approached the City in 2011 about the possibility ofbringing the
Circus to the City of Wheat Ridge in the summer of 2012 . Discussions were held with the
Carnation Festival Board to detennine if the Circus could be added to the Carnation Festival
activities as its signature event. The Board unanimously voted to support the event and to work
with the City to ensure its success .
The Zoppe Circus was founded in 1842 in Venice, Italy , by Napoleone Zoppe and his wife
Ennengilda. Napoleone's great-grandson , Alberto Zoppe inherited the Circus almost 100 years
later. The Zoppe 's offer an "unapologetically authentic, one-ring circus where you will sit on
wood-plank bleachers and enjoy the great traditions of circus."
Based on the success of the circus in 2012 , City Council reached a consensus to approve the
return of the circus in 2013.
The Circus is scheduled to present 1 7 performances at Anderson Park starting on August 1 6;
2013 , and ending on August 25 ,2013. Tickets will be sold for $15 each and coupons will be
distributed to discount this price to $10 .
The City will be obligated to a budget of approximately$ 105 ,610 to pay for the performances
and those expenses related to the operations of the Circus. The City will receive all ticket sales
and sponsorships to offset a portion of these expenses.
CAF -Zoppe Italian Family Circus
November 26 , 2012
Page 3
RECOMMENDATIONS:
Staff recommends approval of the contract award to Zoppe Circus in the amount of $70,000 and
to Success Resources Unlimited in the amount of $10,500.
RECOMMENDED MOTION:
"I move to approve the contract award to Zoppe Circus, Inc. in the amount of $70 ,000 and to
Success Resources Unlimited in the amount of $10 ,500 for performances and coordination of
performances respectively August 16-25, 2013."
Or,
"I move to deny the contract award to Zoppe Circus, Inc. and Success Resources Unlimited for
the following reason(s) "
REPORT PREPARED AND REVIEWED BY:
Joyce Manwaring, Parks and Recreation Director
Patrick Goff, City Manager
ATTACHMENTS:
1. Zoppe Circus contract
2. Success Resources Unlimited contract
3. Event budget (contract exhibit)
Classics
Kerby Lovallo, Director
27 Snipsic Lake Road, Ellington CT 060293521
Telephone: (860) 8701583 Email: kl @ newworldclassics.com
Performance Agreement
This Agreement, entered into as of November 26 , 2012 between the City of Wheat Ridge, Colorado
th
(Presenter),with offices at 7500 W. 29 Avenue, Wheat Ridge, CO 80033; who are contacted through the
Director of Parks & Recreation; 303-231-1308; by e-mail: jmanwaring@ci.wheatridge.co.us, together
referred to herein as the "Parties."
And
Zoppe Family, Inc. (Artist), represented by New World Classics (Agent) contacted through Kerby
Lovallo 860-870-1583 kl @ newworldclassics.com to provide the production ZOPPE, an Italian
Family Circus (Artist), contacted through Gina Hallisey, Success Resources Unlimited, Inc., dba Get
Connected Events, 303-726-6111 gina@getconnectedevents.com (Producer).under the following terms
and conditions:
I. Performance Schedule & Duration
AUGUST 2012 Wheat Ridge, CO Performance Run. Artist will present circus performances on the
following dates at Anderson Park, Wheat Ridge, Colorado (the "Park") unless otherwise indicated:
•!• All Performances in the Park shall be no less than ninety (90) minutes, exclusive of the
intermission , if any. School presentations and PR appearances shall be of a duration at
discretion of Artist. Exact dates and times of school performances to be determined.
I th
•!• Wed , August 14" & Thurs, August 15 -Setup oftent on site (some company members may
arrive late on Tuesday)
th
•!• Fri , August 16 -Public Performance at 7pm
•!• Sat, August I th -Public Performances at I pm, 4pm and 7pm
th
•!• Sun , August 18 -Public Performances at I pm & 4pm
•!• Mon or Tues, August 19th and 20th -PR appearances by Nino and/or others
(There must be one day completely free of activities for the circus and its members -a rest day)
•!• Wed , August 2 I st -School Performances at I Oam and I pm
•!• Thurs, August 22"d -School Performance at I Oam, Public Performance at 7pm
•!• Fri , August 23rd -School Performance at I Oam, Public Performance at 7pm
•!• Sat, August 24th -Public Performances at lpm, 4pm & 7pm
•!• Sun, August 25th -Public Performances at 1 pm & 4pm
•!• Teardown to be completed no later than Tuesday , August 27th.
•!• PERFORMANCE FACILITY: Anderson Park, at 4355 Field Street, Wheat Ridge, CO 80033.
2. Fee
For the Artist 's services, Presenter will pay a total fee of $70,000 (Seventy Thousand Dollars)
(the "Fee") according to this payment schedule:
1st DEPOSIT $24,000 (Twenty-four Thousand Dollars) PAYABLE TO: New World Classics_ by Check
with returned signed Agreement, and
Attachment 2
2"" DEPOSIT $23,000 (Twenty-three Thousand Dollars) PAY ABLE TO: Zoppe Family , Inc. by Check
DUE: On arrival of artist at venue for setup (2 days prior to first performance), and
BALANCE $23,000 (Twenty-three Thousand Dollars) PAYABLE TO: Zoppe Family, Inc.
(represented by Giovanni Zoppe) (CERTIFIED CHECK DRAWN ON A LOCAL BANK OR BY
WIRE TRANSFER) DUE: August 19 ,2013.
3. Taxes: This Agreement is for professional services ; Artist is responsible for payment of all
Federal , State, City and County withholding and other taxes.
4. Renewal: This agreement shall automatically renew for one additional year under the same
conditions, (dates subject to change), WITH SUCH MODIFICATIONS AS MUTUALLY AGREED
UPON BY THE PARTIES , PROVIDED HOWEVER s uch renewal shall take place only if the
Presenter 's net costs (total expenses minus total revenue) do not exceed $31 ,960 . For purposes of this
Paragraph , "Presenter's net costs " shall mean the Presenter's total costs to sponsor the event, including
without limitation , the Artist Fee of $70,000 in Paragraph I , the cost of the Technical Requirements in
Paragraph 8 and all other direct or indirect costs of the Presenter in connection with its obligations under
this Agreement, minus the total revenue received by Presenter through ticket sales, advertisements and
sponsorships as described in Paragraph 5. By way of example only:
* if total costs to Presenter are $105 ,610 and revenue is $73 ,650 , the net costs to Presenter equals
$31 ,960, and the Agreement would be automatically renewed for an additional year;
* if total costs to Presenter are $105 ,610 and total revenue is less than $73 ,650 , the net costs to
Presenter are greater than $31 ,960 and the Agreement would not be automatically renewed for an
additional year, unless the Parties agreed to do so.
5. Ticket and Sponsorship Revenue: The Presenter shall be entitled to all revenue from ticket and
sponsorship sales. Furthermore, the Carnation Festival shall be entitled to all revenue from alcohol sales
within the circus tent during the public performances if it is determined by the festival committee to sell
alcohol at the event.
6. Force Majeure; Cancellation of Agreement: If Artist is unable to perform any engagement set
forth in Paragraph No. I above as a result of a strike, epidemic, Act of God, war, physical disability ,
interruption or termination of transportation , etc., all parties named above are relieved of their respective
obligations under this Agreement, and no named party may make a claim of damages of any kind ,
including lost profits , against the other. Inclement weather does not relieve Presenter from its obligations
provided that Artist is ready and able to perform the engagement. If Presenter cancels the engagement for
any reason other than those described as acceptable in this paragraph , the Agreement remains payable in
full. If Artist or Agent cancels the Agreement for any reason prior to August 14 , 2013 , Artist shall
promptly return the $24,000 First Deposit of the Fee to the Presenter this Agreement shall be deemed
void , the Presenter is relieved from all further obligations hereunder. If the Artist or Agent cancels the
Agreement at any time on or after August 14 , 2013, Artist shall retain the $24 ,000 first Deposit and the
Presenter shall pay to Artist a pro-rated amount of the remainder of the Fee ($46,000) in proportion to the
number of performances which were presented under Paragraph I before the Agreement was cancelled.
For example purposes only , if Artist cancels the Agreement after I 0 % of the performances have been
performed , Presenter shall pay Artist $4 ,600 and the Parties shall be relieved from further obligations
under the Agreement.
7. Insurance & Indemnification: Artist shall maintain general liability , motor vehicle liability , and
workers compensation insurance for the duration of the performance schedule described in Paragraph
No.I , in amounts sufficient to adequately cover Artist 's employees, property and activities contemplated
hereunder. Such in s urance shall be primary, and a certificate thereof shall be provided to Presenter on or
before July I , 2013 , which certificate shall name Presenter as an additional named insured. Within the
limitations of the Colorado Constitution and Revised Statutes , the Parties agree to indemnify and hold
each other harmless from and against any claim s or causes of action for damages or injury to persons or
property , including attorney fees and court costs , arising out of each Parties' actions hereunder, it being
the intention of the Parties that each shall be responsible for their own negligent acts . Presenter does not
hereby waive the protections and limitations of the Colorado Governmental Immunity Act CRS
24-10-101 , et seq.
8. Technical Requirements: The Technical Requirements Rider, which is attached is a part of this
Agreement. Presenter is to fund and provide , either directly , or through the services of Producer, all of the
requirements listed in the Technical Rider.
9 ... Broadcast and Recording: Presenter agrees that no performance will be recorded , broadcast,
televised , videotaped , photographed , filmed or otherwise extended beyond the tent without the prior
written consent of Artist or Agent.
I 0. Agent's Authority: The Agent who is executing this Agreement on behalf of Artist represents that
he/she has the full power and authority to bind Artist on whose behalf he/she is executing this Agreement
and acknowledges that he /she is making this representation with the understanding that Presenter is
relying thereon . Artist, by its execution below , confirms Agent 's authority a s described herein.
I 1. Entire Agreement; Effective Date; Governing Law: This Agreement sets forth the full and
complete understanding of the Presenter and the Agent (and thereby , the Artist) and cannot be amended
except by a written document signed by the Presenter and the Agent. Notwithstanding any provision
herein to the contrary , this Agreement shall not become effective unless and until a consulting agreement
is entered into between Presenter and Producer, providing for the obligations of Producer in facilitating
the presentation of the performance schedule. All claims , disputes or other matters of issue arising out of
or relating to this Agreement will be first submitted to mediation in accordance with the rules of a neutral
mediation service, selected through agreement of all parties. If mediation does not resolve the claim or
di s pute, the Parties may s ubmit the same to binding arbitration , if they mutually agree to do so , or may
seek recourse through the courts. Jurisdiction and venue for any action concerning this Agreement shall
be proper and exclusive in the district Court for Jefferson County , Colorado . This Agreement shall be
governed by the laws ofthe State of Colorado.
12. Fuel Surchar e: Ifthe national average pri c e of diesel fuel reaches $5.00 @ gallon or higher, by one
week prior to the first performance listed above, then the Presenter will pay to the Artist a fuel surcharge
of $1 ,000 by check, to be delivered to the Artist prior to the last performance.
13. Compliance with Laws: The Presenter, as a political subdivision of the State of Colorado , is subject
to Article X Section 20 of the Colorado Constitution. All obligations herein extending beyond calendar
y ear 2013 are subject to annual appropriation by the Wheat Ridge City Council. This Agreement is
subject to Section 2-3 of the Wheat Ridge Code of Laws (no contract to exceed appropriations; calendar
y ear is fiscal year). The Parties agree to comply with all applicable state and federal laws , including those
concerning immigration , Americans with Disabilities, and no contracting with illegal aliens in the
performance of public contracts for services .
T hi s Agreement is executed as of the date first above written .
Presenter: City of Wheat Ridge, Colorado
By: ________________ Title: __________ _
Date: ______________ _
Attest:---------' Janelle Shaver, City Clerk
Approved as to Form by the City Attorney:----------------
Agent: New World Classics
By: Title: ------------------------------
Date:---------------
Artist: Zoppe Family, Inc.
By: __________________ _ Title: -----------
Date : ___________ _
ZOPPE CIRCUS TECHNICAL REQUIREMENTS RIDER
Revised January 2012
The Presenter or Producer, as set forth in association with each Paragraph and Subparagraph below, are to
provide the following as part of the November 26 , 2012 Performance Agreement. It is the intention of the
Parties that the Presenter is responsible for all costs associated with complying with this Technical
Requirements Rider, whether those requirements are supplied directly by Presenter or through the
Producer as Presenter's agent for that purpose.
1) FREE PARKING FOR RECREATIONAL VEHICLES !obligation of Presenter!
Our artists travel and live in recreational vehicles while on tour. Therefore, there
must be a reserved space near the performance area for up to five (5) R. V. 's upon
arrival. The following is required:
A) Electricity in R.V. Area !obligation of Producer)
Six (6) Electrical Edison outlets with 20 amp breakers in each outlet in the R.V. parking location.
Ifnonanimal R.V .'s are not able to park next to the tent area, additional power and lights will be
required in that area. Hard wired electricity is not available at this location; gas or diesel
generators are permitted and will be provided by Agent.
B) Water !obligation of Presenter]
Water faucet connection for garden hose near R. V . parking. If system uses a key , Artist is to be
given the key upon arrival. Artist will return key to Presenter prior to vacating the premises.
Standard hose coupling is acceptable.
C) Animal Parking !obligation of Presenter]
Animal vehicles should be permitted to park on asphalt by the circus tent. IfR.V. trailer parking
is located in an area other than by the circus tent, additional electric and water is required.
Dumpster should be placed close to the animal parking in the location Artist designates upon
arrival of the Company, provided that dumpster must be located on asphalt are due to the weight
of the delivery truck and the method the truck uses to load and unload the dumpster.
2) EMERGENCY INFORMATION !obligation ofProducerJ
The Producer should give Artist a list containing the names and phone numbers of local veterinarians,
blacksmiths (for horseshoes) and hospitals to be used in case of emergency . Directions from the
performance area to the hospital should also be provided upon Artist 's arrival.
3) ANIMAL REQUIREMENTS
The following supplies are required:
A) Two (2) bales of regular grass hay per performance
day .lobligation of Producer)
B) Fifteen ( 15) bags of kiln-dried wood shavings at time of set-up, with two (2)
additional bags per performance day.lobligation of Producer)
C) If site is not grass , Presenter to provide one load of dirt (approx . 8 cubic yards)
(baseball diamond dirt is best), and additional bags of shavings may be needed.
Horses may not be kept on any grass fields or open space areas at the Park without
prior approval of the Parks and Recreation Director. Producer, in consultation with
Artist, may determine to house horses in another non-grass area at the Park.
!obligation of Producer)
D) One (I) eight yard dumpster for animal waste should be placed close to animal parking in
the location ARTIST designates upon arrival of the Company. This will also be used for
disposal oftrash from the performances and performers. If local codes require trash and
animal waste to remain separate, then two (2) dumpsters are required. All dumpsters must
be located on asphalt areas. I obligation of Presenter!
4) PERFORMANCE REQUIREMENTS
A) Performance Space. A space measuring approximately 172 ' diameter circle ( 150 '
diameter is the minimum), is required for the setup of the tent. Additional space is required
for the living quarters for the performers and their animals. This space should be free and
clear of all obstacles, and it is preferable that the space is a grass lot. Presenter should make
Artist aware of any underground obstacles (such as water pipes , electrical or gas lines) prior
to the setup of the tent. Presenter is responsible for obtaining all licenses and permits as may
be required. I obligation of Presenter!
B) Power. 220 single-phase 200 amp electrical service is required for use by the Artist for
the lighting, sound , and electricity for the circus tent and for the performer's living quarters.
Hard wired electricity is not available at this location ; gas or diesel generators are permitted.
I obligation of Producer!
5) MISCELLANEOUS !obligation of Producer!
A) Setup Assistance. A minimum of 8 able-bodied persons to help with the setup and take
down of the tent, in the form of volunteers obtained by Producer. Time of setup and take
down will be determined by the Artist. Setup is approx. I 0 hours , Strike is approx. 6 hours;
bleacher assembly is approx. 6 hours.
B) Accommodations. Up to three (3) motel rooms may be required to be supplied by the
Producer. Producer will be notified no later than one (I) month prior to performance date as
to whether these rooms are in fact needed.
C) Ushers, Ticket takers, Concessions. The Artist shall provide ushers . The Producer can
also provide ushers. The Producer provides ticket takers and people to sell tickets at the
door. Artist may sell concessions and souvenirs related to the Zoppe' Family Circus only.
CONSULTING AGREEMENT
Th is Agreement is made effective as of November 26 , 2012 , by and between , the City of
Wheat Ridge , CO of 7500 West 29 th Avenue , Wheat Ridge , CO 80033 and Success
Resources Unlimited , Inc . dba Get Connected Events , of P.O . Box 1132 , Arvada ,
Colorado 80001.
In this Agreement , the party who is contracting to receive services shall be referred to as
"Wheat Ridge", and the party who will be providing the services shall be referred to as
"G ina Hallisey" or the "Producer". Together, Wheat Ridge and Gina Hallisey are referred
to as the "Parties ."
Whereas , Gina Hallisey has a background in Event Planning and Management and is
willing to provide services to Wheat Ridge based on this background , and
Whereas , Wheat Ridge desires to contract for the services to be provided by Gina
Hallisey as described herein
Now , therefore , the Parties agree as follows :
1. DESCRIPTION OF SERVICES. Beginning on November 26 , 2012 Gina Hallisey will
provide the following services (collectively , the "Services"): Duties of Event Planner and
Coordinator (Producer) for the Zoppe ' Family Circus Event to take place August 16-25 ,
2013 as the main attraction of the Wheat Ridge Carnation Festival. Gina Hallisey will
work with the Carnation Festival Committee providing consulting and event expertise to
ensure an effective process of incorporating the Zoppe ' Circus attraction into the current
Carnation Fest ival event. Without limiting the generality of the foregoing , Gina Hallisey
will provide the following specific Services :
a. All obligations of "Produce r" in that certain Performance Agreement dated
November 26 , 2012 between Wheat Ridge as "Presenter" and Zoppe Family , Inc .
"Artist ", through New World Classics , as "Agent", including the Technical
Requirements Rider thereto (hereinafter , the "November 26 , 2012 Circus
Agreement"). A copy of the Technical Requirements Rider is attached hereto as
Exhibit A and is fully incorporated herein by this reference .
b. All liaison and communication requested or required between and among the
Carnation Festival Committee , Zoppe ' Family, Inc. and Wheat Ridge .
c. Coordination of all volunteers , to the extent recruited by the Carnation Festival ,
and engaging contract labor, all as necessary to fulfill the requirements for onsite
personnel to facilitate the Zoppe ' Family Circus attraction , and as required by the
Technical Requirements Rider.
d. Contact neighboring attractions within Anderson Park to coordinate with them
and to ensure no conflicts with their separate uses and activities .
e. Advertise and promote the Zoppe ' Family Circus Event through all available
methods , including without limitation production and distribution of coupons , use
of software programs to distribute the same over the Internet and to sell tickets ,
and use of advertising and promotion techniques generally .
f. Contact, solicit and engage sponsors for the Event.
g. Other duties as assigned by Joyce Manwaring , Parks and Recreation Director, to
accomplish the Services.
Attachment 3
2. PERFORMANCE OF SERVICES; SUPERVISION. The manner in which the
Services are to be performed and the specific hours to be worked by Gina Hallisey shall
be determined by Gina Hallisey. Wheat Ridge will rely on Gina Hallisey to work as many
hours as may be reasonably necessary to fulfill Gina Hallisey's obligations under this
Agreement. Gina Hallisey will perform the Services in coordination with Joyce
Manwaring , Parks and Recreation Director.
3. PAYMENT. Wheat Ridge will pay a fee to Gina Hallisey for the Services in the
amount of $10 ,500 .00 (the "Fee "). The Fee shall be payable in a deposit of $1 ,500
upon signing of This Agreement with the remainder to be paid in monthly payments of
$1 ,000 .00 for nine (9) months beginning on January 1, 2013 and ending with the last
payment on September 1, 2013. Gina Hallisey shall submit monthly invoices for
payment , which shall detail the particular services rendered during the previous month ,
as well as out-of-pocket expenses incurred.
4 . EXPENSE REIMBURSEMENT. Gina Hallisey shall be entitled to reimbursement
from Wheat Ridge for all "out-of-pocket" expenses related specifically to the presentation
of the Zoppe ' Circus event in Wheat Ridge, CO , and which expenses are not otherwise
budgeted in the budget exhibit attached hereto as Exhibit B, and fully incorporated
herein by this reference . Wheat Ridge shall fund all expenses detailed in the Event
Budget by check and/or purchase order, in the manner customarily employed by Wheat
Ridge for expenses of this nature . Individual expenses over $50 , whether out-of-pocket
or budgeted , shall be approved by Wheat Ridge prior to purchase via a purchase order
or other document and/or process as chosen by Wheat Ridge . The total of out-of-pocket
expenses incurred during the term of this Agreement shall not exceed $500 unless prior
approval is obtained in writing from Wheat Ridge .
5. SUPPORT SERVICES. Wheat Ridge will provide the following support services for
the benefit of Gina Hallisey : office space for sponsor meetings , and any other support
services as determined necessary by both Parties for the presentation of the Zoppe'
Circus event.
6. ADDITIONAL EVENT LABOR. Gina Hallisey and Wheat Ridge recognize that if the
Carnation Festival cannot provide enough volunteers , Gina Hallisey's Services will
include the procurement of contract event labor for the on-site portion of the Zoppe '
Circus event being planned for Wheat Ridge and payment for such contract labor will be
the responsibility of the City of Wheat Ridge. Gina Hallisey shall obtain the approval of
Wheat Ridge prior to the hiring of contract laborers . In no event shall the contract
laborers be employees of Wheat Ridge , it being the intention of the Parties that any such
laborers shall be employees of a service or other company hired by Gina Hallisey to
perform the work . Gina Hallisey shall arrange for such company or service to invoice
Wheat Ridge and Wheat Ridge will pay that invoice or invoices directly unless both
Parties agree to another process in the handling of contract labor.
7. TERM/TERMINATION. This Agreement shall commence on November 26, 2012 and
terminate automatically on September 1, 2013 upon the final payment to Gina Hallisey
unless both Parties agree to extend the term in writing prior to that date . Should the
November 26 , 2012 Zoppe ' Circus Agreement meet the 2013 budget requirements and
be automatically renewed for 2014 , this Consulting Agreement shall also be renewed for
2014 under these same terms . This Agreement may be terminated by either Party upon
thirty (30} days written notice to the other of a default, whereupon the defaulting Party
shall have ten (10} days to cure the default to the satisfaction of the non -defaulting Party .
This Agreement shall automatically terminate in the event the November 26 , 2012 Circus
Agreement is terminated for any reason . In the event of termination of this Agreement ,
payment of the Fee shall be made prorata to the date of termination .
8. RELATIONSHIP OF PARTIES. It is understood by the parties that Gina Hallisey is
an independent contractor with respect to Wheat Ridge , and not an employee of Wheat
Ridge . Wheat Ridge will not provide any fringe benefits , including health insurance
benefits , paid vacation , or any other employee benefit , for the benefit of Gina Hallisey.
9. TAX OBLIGATION. Gina Hallisey shall be obligated to comply with all applicable
federal , state and local income and withholding tax, social security, worker's
compensation , unemployment insurance , and any other similar or related status
regulations , ordinances and obligations. Wheat Ridge shall have no obligation or duty
with regard to any of the foregoing matters as pertaining to Gina Hallisey .
10. DISCLOSURE. Gina Hallisey is required to disclose any outside activities or
interests , including ownership or participation in the development of prior inventions, that
conflict or may conflict with the best interests of Wheat Ridge . Prompt disclosure is
required under this paragraph if the activity or interest is related , directly or indirectly , to :
-the Zoppe ' Circus event scheduled for August 16-25, 2013 in Wheat Ridge,
Colorado .
11. ASSIGNMENT. Gina Hallisey's obligations under this Agreement may not be
assigned or transferred to any other person , firm , or corporation without the prior written
consent of Wheat Ridge , which may be given or withheld in the City 's sole discretion .
12. CONFIDENTIALITY, PART 1. Wheat Ridge recognizes that Gina Hallisey has and
will have the following information :
-future plans
-business affairs
-trade secrets
-customer lists
and other proprietary information (collectively , "Information"} which are valuable , special
and unique assets of the Carnation Festival event and need to be protected from
improper disclosure . In consideration for the d isclosure of the Information , Gina Hallisey
agrees that Gina Hallisey will not at any time or in any manner, either directly or
indirectly , use any Information for Gina Hallisey's own benefit , or divulge , disclose, or
communicate in any manner any Information to any third party without the prior written
consent of the Carnation Festival or the City of Wheat Ridge . Gina Hallisey will protect
the Information and treat it as strictly confidential.
13. CONFIDENTIALITY, PART 2. The City of Wheat Ridge recognizes that Gina
Hallisey will be prov iding Wheat Ridge w ith possible bus iness connections w ith known
clients of Gina Hallisey during the time of this Agreement. These clients of Gina Hallisey
will be acknowledged at the time of introduction , in writing , to the City of Wheat Ridge
and these clients will remain the clients of Gina Hallisey during and after termination of
Agreement even if they become a part of the Carnation Festival's customer list due to
the efforts of Gina Hallisey . Wheat Ridge also recognizes Gina Hallisey 's businesses
prior to this Agreement as Rolling Thunder Productions LLC and Success Resources
Unlimited Inc . dba Get Connected Events and accepts that the clients and business
functions of these companies are not considered part of the confidentiality clause
(Paragraph 12) under this Agreement.
14. RETURN OF RECORDS. Upon termination of this Agreement, Gina Hallisey shall
deliver all records , notes , data , memoranda , models , and equipment of any nature that
are in Gina Hallisey's possession or under Gina Hallisey's control and that are Wheat
Ridge 's property or relate to Wheat Ridge's business in regards to the 2013 Carnation
Festival and the Zoppe ' Circus as part of the 2013 Carnation Festiva l .
15. INDEMNIFICATION . W ith in the limitations of the Colorado Constitution and
Statues , each Party hereby agrees to indemnify , hold harmless and defend and/or
compensate the other Party , its managers , members , agents , successors , assigns , and
lega l representatives for asserted claims against, or liability damages , including attorney
fees and court costs incurred by the other Party due to the negligence , willful
misconduct, violation of law, acts or omissions of the indemnifying first Party. Each
Party shall agree to accept the full respons ibil ity for their own negligence and actions .
Wheat Ridge does not wa ive the protections and limitations of the Colorado
Governmental Immunity Act , CRS 24-10-101 et seq.
16. INSURANCE. Gina Hallisey shall prov ide her own general liability and auto
insurance to cover her activities during the term of this Agreement. The Parties
anticipate that the Carnation Festival in turn will place Gina Hallisey on its general
liability policy for the event.
17. NOTICES. All notices required or permitted under this Agreement shall be i n writing
and shall be deemed delivered when delivered in person or deposited in the United
States mail , postage prepaid , addressed as follows :
IF fo r Wheat Ridge :
C ity of Wheat Ridge
Joyce Manwaring ,
Parks & Recreation Director
4005 Kipling Street
Wheat Ridge , Colorado 80033
IF for Gina Hallisey :
Success Resources Unlimited , Inc.
Regina R. Hallisey
President
P.O . Box 1132
Arvada , Colorado 80001-1132
Such address may be changed from time to time by either Party by providing written
notice to the other in the manner set forth above.
18. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the
Parties and there are no other promises or conditions in any other agreement whether
oral or written , other than the obligations of Gina Hallisey as "Producer" in the November
26 , 2012 Circus Agreement , including the Technical Requirements Rider and 2013
Budget attached thereto , which Agreement, Rider and Budget are specifically
incorporated herein by this reference . This Agreement supersedes any prior written or
oral agreements between the Parties.
19. AMENDMENT. This Agreement may be modified or amended only if the
amendment is made in writing and is signed by both Parties .
20. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason , the remaining provisions shall continue to be valid and
enforceable . If a court finds that any provision of this Agreement is invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable ,
then such provision shall be deemed to be written , construed , and enforced as so
limited.
21. WAIVER OF CONTRACTUAL RIGHT. The failure of either Party to enforce any
provision of this Agreement shall not be construed as a waiver or limitation of that Party's
right to subsequently enforce and compel strict compliance with every provision of this
Agreement.
22. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of
Colorado . The prevailing Party in any litigation concerning this Agreement shall be
entitled to its reasonable attorney fees and court costs. Venue and jurisdiction shall be
proper and exclusive in the District Court for Jefferson County, Colorado ,
23. COMPLIANCE WITH LAWS. Wheat Ridge, as a political subdivision of the State of
Colorado , is subject to Article X Section 20 of the Colorado Constitution . All obligations
herein extending beyond the calendar year 2013 are subject to annual appropriation by
the Wheat Ridge City Council. This Agreement is subject to Section 2-3 of the Wheat
Ridge Code of Laws (no contract to exceed appropriations ; calendar year is fiscal). The
Parties agree to comply with all applicable state and federal laws , including those
concerning immigration , Americans with Disabilities , and no contracting with illegal
aliens in the performance of public contracts for services .
City of Wheat Ridge , Colorado
By : -------------------------------------------Jerry D iTullio , Mayor
Attest:-------------
Janelle Shaver, City Clerk
Approved as to form :
By : _________________________________________ __
Gerald Dahl , City Attorney
Success Resources Unlimited , Inc.
FEIN# 84-1549675
By : ~--~------~------------------------------Regina R. Hallisey , President
BUDGET FOR 2013
ZOPPE' ITALIAN FAMILY CIRCUS (CIRCUS ONLY)
Created by Gina Hallisey, Get Connected Events
PREPARED 10/08/12
REVENUE
Sponsorship I Advertising Sales
Circus Ticket Sales
GENERAL EXPENSES
Marketing I Advertising I Misc.
Circus Fee
Circus Tech Rider I Logistics
LABOR EXPENSE
Contract Labor-Event Coordination
Other Contract Labor
City of WR Staff over time
Event Security (police)
BUDGET SUMMARY
TOTAL REVENUE
TOTAL EXPENSES
TOTAL REVENUE
GENERALEXP.TOTAL
LABOR TOTAL
TOTAL EXPENSES
NET
Attachment 4
2013
2013
17,250.00
56,400.00
73,650.00
2013
9,885 .00
70,000.00
8,000.00
87,885.00
2013
10,500.00
4,225.00
3,000.00
WR
17,725.00
105,610.00
PROJECTED
73,650.00
105,610.00
(31,960.00)
~~A,;
..... ~ ., City of •
.. ~Wheat~dge ~OFFICE OF THE 01Y MANAGER
TO:
FROM:
DATE:
SUBJECT:
Memorandum
Mayor and City Council ("')h
Patrick Goff, City Manager~
June 12 , 2013
Presiding Municipal Judge Services Agreement
The City's Home Rule Charter provides for appointment of the Municipal Court Judge
for a term of two years. The current tenn of Presiding Judge Christopher Randall expires
on June 30 , 2013. Judge Randall will be at the June 17'11 study session to speak to the
Mayor and Council about the performance of the Municipal Court over the last two years
and request an extension of his Services Agreement for another two years .
Attachments:
1. Memo from Judge Randall
2. Presiding Municipal Judge Services Agreement , July 2011 to June 2013
~~4~
... ., City of
W,WheatR.!9ge ~MUNICIPAL COURT
Memorandum
TO: Mayor and City Council
FROM: Christopher D Randall
DATE: June 12 , 2013
SUBJECT: Presiding Judge & Department Director Contract Renewal
BACKGROUND
I began as Presiding Judge and Department Director in 2002 and have been in that
position continuously for eleven years. I am requesting renewal of the current two-year contract
that ends July 1, 2013, and an increase the contract hourly rate. I would be glad to attend a study
session to review this memorandum and the proposed contract.
COURT
The Colorado Constitution provides for the creation of a municipal court. Wheat Ridge
Municipal Court is a court of record that handles a wide variety of mostly criminal matters .
Appeals are taken to the Jefferson County District Court . A City ordinance states that the
municipal court shall be presided over by a Presiding Judge. Court is in session on Mondays ,
Wednesdays , and Thursdays, so there are approximately 150 court-sessions per year. I work on
non-court days as necessary for meetings , training, seminars , and to address court business.
QUALIFICATIONS
I have been licensed as an attorney in Colorado since 1987. I became an administrative
law judge in 1991 and began judging in municipal court in 1992. Wheat Ridge City Council first
appointed me as the Presiding Judge and Department Director in 2002 . I have lived in and
currently live close to the City.
PHILOSOPHY
I support the Constitution of the United States and the Constitution ofthe State and the
laws and ordinances of the City. The court rules require that municipal court provide for the just
determination of all ordinance violations. By court rule, procedure is to be simple; the court
administered fairly ; and unjustifiable expense and delay eliminated . The court considers each
case separately, and provides thorough, practical , and professional case management. The
judiciary is independent of and acts as a check and balance on the executive and legislative
branches of government. In this regard , a healthy government maintains an independent
Attachment 1
judiciary.
SENTENCING
The traditional purposes of sentencing are as follows: to punish , assure fair treatment,
assure consistent treatment, deter crime, promote respect for the law , promote rehabilitation ,
address the offender's individual characteristics , reduce the potential that the offender will
reoffend , promote responsibility and accountability, provide restoration and healing for victims
and the community, address what are called criminogenic risk and needs , and , where appropriate
employ restorative justice practices.
DEPARTMENT DIRECTOR
The Presiding Judge in Wheat Ridge is also the Department Director of the court. This
expands upon the customary Presiding Judge duties. The Department Director responsibilities
require that not only in addition to sitting on the bench three days a week , that the Director
addresses administrative, operational , personnel , budget, security, legal , and purchasing issues.
WHEAT RIDGE MUNICIPAL COURT
Wheat Ridge is a somewhat unique city from a municipal court perspective. It is
surrounded by and has traversing through it several major thoroughfares. This leads to a robust
traffic docket and the entry of individuals from several surrounding jurisdictions. Due to the
amount of retail business in Wheat Ridge, there are a significant number of theft summonses.
Certain locations in the City attract a diverse and challenging population. This City 's Court
addresses domestic violence cases, which is somewhat unique for municipal courts . The Court
sees in-custody defendants (prisoners) on a weekly basis. This City sentences to probation and
therefore has a probation department. There are two court marshals for court security and
prisoner transport . There is an active juvenile docket. The adult docket is significant and
features individuals with lengthy and/or violent criminal histories.
ACCOMPLISHMENTS
(Note: None of these accomplishments would have been possible without the assistance of the
court administrator, court staff, or city staff.)
CITY (NON-COURT) ORIENTED ACHIEVEMENTS
Facilitator for Priority Based Budgeting scoring team
Fine-tune, improve, and promote Performance Management Program
Participate in Mt. States Employers Council salary analysis program
Instructor with Wheat Ridge Civic Academy
Instructor with Citizen 's Police Academy
Presenter to the Foothills Animal Shelter staff regarding court function and process
Weekly Executive Management Team meetings
Presenter at annual Employee Recognition Ceremonies
Attend quarterly meetings of Jefferson County municipal court judges
Support, advocate for , and follow the ACTION core values
Participate in and promote the Give-A-Wow program
Attend various City and community functions
COURT -ORIENTED ACHIEVEMENTS
Develop Priority Based Budgeting court program
Fine-tune, improve, and promote court staff goals and objectives portion of the Performance
Management Program
Develop criteria, screen for , interview , and hire court staff
Modify and advance the annual budget
Upgrade and enhance the audio-visual communication system between court and the Jefferson
County jail
Contract with the Colorado Department of Labor to be able to access data bases to verify
information provided by defendants applying for fee waivers , payment plans , or court appointed
counsel
Coach and mentor staff
Review a high volume of motions and correspondence and issue applicable responses or orders
Improve court secupty with purchase of X-ray machine
Review effectiveness of and re-issue contract with G4S security guard service
Improve court security with increased court marshal presence
Expand court marshal duties
Expand probation officer duties
Streamline customer movement in and out of court
Examine realignment of doors and security to increase flow and protection
Improve and add flexibility to bail bond process
Develop court forms to improve accuracy and efficiency, particularly sentencing fonns
Individualize sentencing
Attend seminars on sentencing and reducing recidivism
Address (Court) Culture Survey weaknesses
Work with Jefferson County Commissioners jail committee to reduce jail population
Moderate and attend monthly court staff meetings
Attend bi-annual Colorado Municipal Court Judges Association conferences
BOARD MEMBERSHIPS
Board of Trustees for the First Judicial District Bar Association
Board of Directors and Vice President of the Colorado Municipal Judges Association
Recently elected to First Judicial District Bar Association Board of Governors
INTERNAL RECOGNITION
I have received several what care called "Give-A-Wow" awards . These recognize
employees for contributions to the ACTION core values of accountability, change, teamwork ,
integrity, opportunity, and now!
HOURLY WAGE INCREASE
City employees recently received a one-time direct salary payment. The new pay for
performance plan will award annual pay increases for worthy employees. I have received one
hourly increase in my tenure here and that occurred in 2007. Thus there has not been an hourly
pay increase in six years. The current hourly rate is $87.15 per hour. The court is sound, has
done well , and is operating smoothly. With staffs help , there have been numerous and
significant accomplishments. Therefore, I am requesting a 5% increase to $91.51 per hour for
the next contract (two-year) period.
CONCLUSION
I request reappointment and would be honored to continue to sit as the Presiding Judge
and to act as the Department Director for the Wheat Ridge Municipal Court.
June 24 , 2013
CITY OF WHEAT RIDGE
PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT
THIS PRESIDING MUNICIPAL JUDGE SERVICES AGREEMENT is entered into and
effective as of the 1st day of July 2011 ("Effective Date"), by and between the CITY OF WHEAT
RIDGE, COLORADO (the "City") and CHRISTOPHER D. RANDALL, ("Presiding Judge"),
together referred to herein as the "Parties." In consideration of the mutual promises and
covenants contained herein, the Parties agree as follows:
ARTICLE 1 -SERVICES
Pursuant to Chapter VIII of the Wheat Ridge Home Rule Charter (the "Charter"),
Presiding Judge shall have the following duties:
A Ensure the presence of a municipal judge at all Wheat Ridge Municipal Court ("Municipal
Court") cases, by either presiding over such cases personally or by scheduling an
Associate Judge to hear such case(s) and by establishing an on-call municipal judge
schedule;
B. Formulate and amend the local rules of the Municipal Court with the approval of the
Colorado Supreme Court;
C. Supervise the Associate Judges, if any, and all Municipal Court personnel; serve as
Department Head for the Municipal Court staff; attend Department Director meetings, in
person or by designee, and meetings with the City Manager, City Attorney and City
Councilasneeded;and
D. Submit a yearly budget request to the Wheat Ridge City Council for the proper
functioning of the Municipal Court.
ARTICLE 2-QUALIFICATIONS
The Presiding Judge shall continuously maintain the following qualifications:
A Licensed to practice law in all Colorado courts, including the U.S. District Court for the
District of Colorado; and
B. Resident within 40 miles of the Wheat Ridge Municipal Court.
ARTICLE 3-TERM; TERMINATION
Pursuant to Section 8.3 of the Charter, this Agreement shall be for a two (2) year term,
ending on July 1, 2013. This Agreement may be terminated for any of the reasons enumerated
in Section 8.3 of the Charter.
ARTICLE 4-PAYMENT AND FEE SCHEDULE
The Parties agree that Presiding Judge shall be compensated at eighty-seven dollars
and fifteen ($87.15) per hour for services rendered under this Agreement. Presiding Judge may
also be compensated for reimbursable expenses properly invoiced to the City as set forth
below. For purposes of this Agreement, "reimbursable expenses" shall mean those expenses
Attachment 2
WR Muni Judge Contract -Randall
directly incurred by Presiding Judge in the performance of his duties under this Agreement ,
including mileage and travel expense.
A. Invoices.
Presiding Judge shall submit bi-weekly timesheets to the City for services rendered and
reimbursable expenses. Payment will be made within twenty-five (25) days of receipt of
the invoice by mailing payment to an address designated by Presiding Judge.
B. Funding
This Agreement is specifically subject to the provisions of Section 2-3(c) of the Code of
Laws of the City of Wheat Ridge, which limits the amount for which the City shall be
liable to the amount expressly appropriated by the City Council, either through budgeted
appropriation, or contract or bid appointment. The Parties further recognize and agree
that the City, as a political subdivision of the State of Colorado, is subject to the
Constitution and laws of the State of Colorado . Notwithstanding any provision of this
Agreement to the contrary, the obligation of the City to make payment to Presiding
Judge is expressly subject to annual appropriations by the City of funds for the next
ensuing budget year.
ARTICLE 5 -INDEPENDENT CONTRACTOR; INSURANCE AND BENEFITS
A. This Agreement is one for independent contractor services. Neither Presiding
Judge, nor any employee or agent of Presiding Judge, shall be considered an employee of the
City for purposes of any federal or state law. Notwithstanding the fact that Presiding Judge is
compensated as an independent contractor, pursuant to the Colorado Governmental Immunity
Act, §§ 24-10-101 et seq., C.R.S., he is considered an appointed official of the City entitled to
any and all benefits of law pertaining to judicial or sovereign immunity and to coverage by the
City's insurance applicable to persons holding such a position for claims brought against him in
his official capacity or arising our of his performance of his official duties as described herein.
B. Presiding Judge shall be eligible to participate in the following insurance and benefit
programs available to City employees, at a pro-rated level equal to the average number of hours
of work per week performed by the Presiding Judge, which for purposes of this Agreement, the
Parties agree shall be twenty-five (25) hours per week: short term disability; long term disability;
worker's compensation; group term life insurance; employee assistance plan; retirement plan;
official holidays; personal time off leave; extended sick leave; jury duty pay; employee
recreation program benefit ; Kaiser Permanente HMO ; Delta Dental; RPS section 125 cafeteria
plan; and Eye-Med vision . The City agrees to pay the applicable premium for the rate level,
consistent with the City insurance plan as amended from time to time. For all such insurance
and benefit programs, to the extent the programs or any of their features are altered, amended
or eliminated with respect to all eligible City employees, such alteration, amendment or
elimination shall also apply to Presiding Judge in the same manner.
C. Presiding Judge warrants that he has not employed or retained any company or
person, other than a bona fide employee working solely for him, to solicit or secure this
Agreement, and that he has not paid or agreed to pay any company or person, other than bona
fide employees working solely for Presiding Judge, any commission, percentage, brokerage fee,
gifts, or any other consideration, contingent upon or resulting from the appointment or making of
this Agreement. For breach or violation of this warranty, the City will have the right to annul this
WR MuniCourt/MuniJudgeContract -Randall -2-
Agreement without liability , or in its discretion to deduct from the Agreement price or
considerat ion , or otherwise recover the full amount of such fee , commission, percentage ,
brokerage fee , gift, or contingent fee .
ARTICLE 6-CHARTER, LAWS AND ORDINANCES
Pres iding Judge shall at all times during the performance of this Agreement, strictly
adhere to all applicable federal , state and local laws , rules , regulations , and ordinances that
affect or govern the work as herein contemplated .
ARTICLE 7-EQUAL EMPLOYMENT OPPORTUNITY
The Presiding Judge shall not discriminate against any employee or applicant for
employment because of age, race , color, religion , sex, or national origin. The Presiding Judge
shall adhere to acceptable affirmative action guidelines in selecting employees and shall ensure
that employees are treated equally during employment, without regard to their age, race, color,
religion , sex or national origin. Such action shall include , but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising , layoff or
termination, rates of pay or other forms of compensat ion , and selection for training , including
apprenticeship .
ARTICLE 8 -LAW AND VENUE
The laws of the State of Colorado shall govern as to the interpretation , validity, and
effect of this Agreement. The Parties agree that venue and jurisdiction for disputes regarding
any aspect of this Agreement is proper and exclusive with the District Court of Jefferson County,
Colorado.
ARTICLE 9 -NOTICES
Any notice required or perm itted by this Agreement shall be in writing and shall be
deemed to have been sufficiently given for all purposes if sent by certified mail or registered
mail , postage and fees prepaid , addressed to the party to whom such notice is to be given at the
address set forth below. Such notice shall be deemed to have been given when deposited in
the United States Mail.
If to the City:
With a copy to :
If to Presiding Judge:
City Manager
7500 W 29th Avenue
Wheat Ridge , CO 80215
Fax: (303) 234-5924
City Attorney
7500 W 29th Avenue
Wheat Ridge , CO 80215
Fax: (303) 234-5924
Christopher D. Randall , Esq .
P.O . Box 280911
Lakewood , CO 80228-0911
Fax (303) 980-1721
WR Mu n iCo urt/Mun iJu d geContract -Ran dall -3 -
ARTICLE 10-ASSIGNMENT AND SUBCONTRACTORS
The duties and obligations of Presiding Judge may not be assigned, delegated, or
subcontracted except with the express written consent of the City .
ARTICLE 11 -SEVERABILITY
To the extent that the Agreement may be executed and performance of the obligations
of the Parties may be accomplished within the intent of the Agreement, the terms of this
Agreement are severable, and should any term or provision hereof be declared invalid or
become inoperative for any reason, such invalidity or failure shall not affect the validity of any
other term or provision hereof. The waiver of any breach of a term hereof shall not be
construed as a waiver of any other term, or the same term upon subsequent breach.
ARTICLE 12 -INTEGRATION OF UNDERSTANDINGS
This Agreement is intended as the complete integration of all understandings between
the Parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall
have any force and effect whatsoever, unless embodied herein in writing. No subsequent
novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect
unless embodied in writing and signed by Presiding Judge and an authorized representative of
the City.
ARTICLE 13-AMENDMENTS
The City may , from time to time, require changes in the scope of services of the
Presiding Judge to be performed herein. Such changes, including any increase or decrease in
the amount of the Judge's compensation, must be mutually agreed upon in writing by the City
and the Presiding Judge, as an amendment to this agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement in two (2) copies,
each of which shall be deemed an original, as of the day and year first written above.
ATTEST: CITY OF WHEAT RIDGE, COLORADO
Michael Snow, City Clerk
(Seal)
WR MuniCourt/MuniJudgeContract -Randall -4-
PRESIDING JUDGE
~&k~ Christopher1o. Randal
WR MuniCourt/MuniJudgeContract-Randall -5-
,..~"~
-~ r City of • .. ~Wheat~dge ~OMMUNITY DEVELOPMENT
Memorandum
TO: Mayor and City Council
FROM: Kenneth Johnstone, Community Development Director
DATE: June 12 , 2013 (for June 17 Study Session)
SUBJECT: 38th A venue Corridor Plan Implementation
Introduction
The 38th A venue Corridor Plan establishes a long-term vision for the revitalization of 38 1h
Avenue between Sheridan and Wadsworth into a vibrant, mixed-use Main Street. The purpose of
this memo and the study session on June 17 is to update Council on the implementation steps
that have been completed since the plan's adoption 20 months ago in October 2011 and to report
out on the various implementation metrics that staffhas been tracking.
This memo is structured as follows:
(1) Executive Summary
(2) Overview of Accomplished Implementation Items
(3) Project Assessment Metrics
(4) Next Steps for Implementation
Executive Summary
Much has been accomplished toward the long term implementation of the recommendations on
the 38th A venue Corridor Plan. A few highlights of accomplishments and status on tracking
metrics are summarized below and more detailed information follows or is contained in the
attachments .
• New brand/identity of Ridge at 38 with accompanying marketing/branding efforts that
are ongomg
• Corridor rezoned to MU-N, facilitating a streamlined development review process
• Numerous new businesses have opened and sales tax and building vacancy trends are
generally positive
• Traffic is generally functioning as predicted in the 2011 traffic study, with reduced
average vehicle speeds, slightly increased travel times when traveling 38 1h from
Wadsworth to Sheridan and generally minimal traffic diversion to parallel roadways
• Bike and pedestrian activity has not seen a significant increase or decrease , with one
anomaly (increase) at High Court
• Accident data has not significantly increased or decreased and emergency vehicle
response has not been negatively impacted
• Certain components of the temporary road diet have received mixed reviews , including
differing viewpoints on the safety and ease of use of the back-in parking. Two of the
38th Avenue Corridor Plan Implementation
June 17 , 2013
Page 2
temporary pop-up cafes are seeing good use and one has been used less frequently. The
temporary planters have provided some visual appeal and interest, but they clearly do not
provide the desired long term impact of having significant landscape amenities along the
street. As directed by City Council , staff is currently reviewing qualification from
consulting firms that would finalize the preliminary design for pennanent streetscape
improvements that would create the desired long term visual impact.
• More capital investments are on the way in 2013 , with two sets oflarge banner poles
scheduled for installation in July as well as two sets of pedestrian activated signal
crossings at either end of the corridor
• In 2012 Ridge at 38 hosted two well attended community special events and more are on
the way for 2013
• The project has been featured in several regional or statewide professional publications
and is being featured at the state CML conference later this month
Overview of Accomplished Implementation Items
The Corridor Plan's implementation matrix calls for many Phase I implementation items to be
achieved in 2011-2012 and additional Phase II implementation items to be completed in 2013-
2014. The following Phase 1/Il action items , organized by guiding principle in the plan, have
been completed in the past 20 months, since adoption of the plan:
Guiding Principle: Organization
Implementation Item (from Corridor Plan) Completion
Hold an open house for businesses on the corridor to Business open house held in
provide information on business resources and recruit December 2011 with over 30
for the Leadership Committee. attendees.
Create a 38tn A venue Leadership Committee to meet on The Leadership Committee was
a regular basis and address relevant implementation fonned in January 2012 and
tasks , such as marketing and events . continues to meet regularly. It
has over 40 members including
business owners , property
owners , and residents.
Develop 38tn Avenue newsletter to get out the word The City's Economic
about the Leadership Committee, events , new Development Department has
businesses , etc. issued five 38th Avenue
newsletters in 2012/2013
Consider a pennanent organization , such as a Business A task force of property owners
Improvement District or similar organization as a way to has begun to meet to explore
obtain funding for ongoing operations and the ability to long tenn district options ,
potentially bond for larger physical improvements . including a feasibility study on
district options
38 1h A venue Corridor Plan Implementation
June 17, 2013
Page 3
Guiding Principal: Funding
Implementation Item (from Completion
Corridor Plan)
Explore local funding
mechanisms to support
improvements and new
development on the corridor.
Funding tools may include
impact fees and/or tax
increment financing (TIF).
Identify/prioritize and include
near and long tenn
improvements in City's Capital
Improvement Plan per the plan
recommendations.
Guiding Principle: Identity
The Ridge at 38 businesses have used a variety of
funding enhancements including the city's ESTIP and the
BDZ program. Colorado Plus, Wheat Ridge's first brew
pub took advantage ofboth programs to assist in the
opening of the site in the previously closed Valente's
restaurant.
Renewal Wheat Ridge recommended approval of a TIF
incentive to Crosswire Investments for the future
construction of26 market-rate townhomes on a parcel
located at 38th and Depew Street. The TIF will be used
for public portions of the project including infrastructure,
street improvements, and enhancements to the structure
fa9ade.
City Council funded two sets of pedestrian activated
crossing signals and two locations for poles to install
promotional and branding banners spanning the roadway
in the 2013 CIP.
Implementation Item (from Corridor Plan) Completion
Develop a branding/marketing strategy and The Leadership Committee, with assistance
tagline to provide an identity and unique from WR2020 and funding from the City,
market niche from which the corridor can adopted a new brand and marketing
capitalize. strategy for the Ridge at 38 in summer of
2012. A new web site will be live at
Ridgeat38.com at the end ofthe month.
Promotional items, branding and
coordinated business marketing are also in
the works.
Host a 38 1
" Corridor Grand Opening The City, WR2020, and the Leadership
Ceremony. Committee successfully hosted "Celebrate
Ridge at 38" on September 22 with
approximately 2,500 in attendance. Over
2,000 people attended the Holiday
Celebration in December 2012 with
carolers, tree lighting, Santa, artisans and
wagon rides.
Develop a Facebook page and website The Ridge at 38 Facebook page is active
38 111 A venue Corridor Plan Implementation
June 17, 2013
Page4
devoted to the corridor that highlights existing with over 3000 views in the weeks before
businesses, events, etc. each big event. Ridgeat38.com is being
developed by Jemsu and will be live at the
end of June.
Encourage architecturally appropriate Colorado Plus and Right Coast Pizza have
building fa9ade renovations as well as new both acquired and done major renovations
infill development that provides the building on existing building. Chase Bank
form and placement that supports a Main completed a new bank. A 7-11 is being
Street environment. constructed at 38th and Harlan. Townhomes
are being considered at 3 81h and Depew.
All have been done in a manner that
promotes a "main street" environment and
are consistent with the MU-N zoning.
Conduct a specific streetscape design that City Council directed staff to prepare an
incorporates the brand and includes signage, RFQ for consulting services for this effort
way finding, materials palette, lighting, in 2013. Consultant proposals are currently
benches, etc. under review by staff.
Guiding Principle: Vitality
Implementation Item (from Completion
Corridor Plan)
Pursue a City-initiated rezoning City Council approved a City-initiated rezoning in
of the corridor to the Mixed October 2012.
Use-Neighborhood (MU-N)
zone district.
Work with Jefferson County The City successfully used the green for the corridor
School District to consider grand opening. An IGA was negotiated with JeffCo
utilizing the large green and School District to allow events on the WR 5-8
parking lot in front of the grounds. The IGA will permit up to 4 events in 2013 on
school for special events. the grass area in front of the school and allow the sale,
use, and consumption of alcohol during the events. JGA
has been approved by JeffCo Schools. Wheat Ridge 2020
will pay $750 per event to JeffCo Schools to offset the
district's costs associated with watering and maintenance
of the grass area.
Preserve and promote Healthy A non-profit cooperative market garden was installed on
Eating and Active Living 38th Avenue in the Spring of2013 and will have a fresh
(HEAL) initiatives on the produce stand on a weekly basis as fruits and vegetables
corridor. begin to mature in the next several weeks. Urban
agriculture was featured at the Ridge at 38 event in
September 2012.
Review city regulations to Right of way permits and liquor licenses were issued for
ensure outdoor cafes (including food and beverage service at Right Coast Pizza and the
38th A venue Corridor Plan Implementation
June 17, 2013
Page 5
the serving of alcohol) are
ermitted in the ROW.
former Cebiche (proposed to reopen as The Office).
Guiding Principle: Appeal
Implementation Item (from Corridor Plan} Completion
Implement small scale demonstration projects, such as 3 temporary "pop up cafes"
reclaiming a short span of a travel lane and adjacent installed in the street in summer
curb cuts to build outdoor seating. 2012.
Guiding Principle: Mobility
Implementation Item (from Corridor Completion
Plan}
Complete retrofit road diet, which entails Construction completed in late May through
restriping the street to three lanes and mid-July 2012. Per CC direction, planters
making pedestrian-friendly improvements have been consolidated in 2013 in the Main
including new planters, amenity zones (pop-Street section of the corridor and annuals
up cafes), and access enhancements. were replanted during the week of June 10.
Conduct an assessment of the restriping for Assessment metrics are being monitored and
the Main Street and residential sub districts are covered later in this memo.
12-18 months after the restriping is
complete.
In conjunction with detailed streetscape Streetscape design consulting services are
design , finalize a permanent roadway design , currently being procured based on City
including curb relocation. Council direction in March of 2013.
Enhance pedestrian crossings of 38th Enhanced pedestrian-activated crossing
Avenue. signals are being installed in two locations
in summer 2013.
Identify property owners in the short term Two property owners were able to complete
who, in conjunction with the restriping of the enhanced curb cut consolidation with
street, can be a demonstration project for additional landscape planters during 2012
curb-cut consolidation. pilot road diet project.
Implement permanent road diet design, with Recommendations for an incremental
curb relocation, including an 8-foot detached implementation of a permanent roadway
walkway and 6-foot amenity zone. design will be forwarded for City Council
consideration during the pending streetscape
design consultant contract and subsequent
2014 budget process later in 2013.
Project Assessment
The 38th Avenue Corridor Plan calls for an 18-24 month evaluation period for the retrofit road
diet that was completed in July 2012. The physical changes to the street are part of a larger
revitalization strategy that is being implemented in an effort to make Ridge at 38 the
38th A venue Corridor Plan Implementation
June 17 , 2013
Page 6
commwuty's Main Street. Each component of the revitalization is designed to work in concert
with the other and I -2 years was suggested as a minimum amount of time needed to effectively
assess a variety of metrics that can easily fluctuate by season or month . Moreover, it takes time
for economic impacts to be seen. Months and even years may be necessary for businesses and
developers to learn about 38th A venue , find a property to lease or buy, and obtain financing
before a physical investment is witnessed on the corridor. As established in the Corridor Plan,
the long tem1 vision for a vibrant, mixed-use main street will likely take up to 20 years to realize ,
though significant progress can also be seen in a much shorter timeframe.
In June 2012 , staff reported to Council with baseline data and a list ofmetrics that staff would be
tracking to gauge the results of the road diet and related corridor redevelopment efforts. In
November 2012 , staff reported out on a second round of those same metrics. This June 2013
report on our metrics represents the first opportunity to report out on year over year measures ,
which are of particular interest as it relates to some of the traffic measure. These metrics include :
• Traffic volume on 38th A venue and on parallel streets -the counts on parallel streets
(including 44th Avenue, 41 st Avenue, 35th Avenue, and 32 11d Avenue) will help measure
potential diversion.
• Pedestrian and bicycle counts on 38th Avenue.
• Travel time for 38th Avenue as well as diversion routes -utili zing GPS software, staff
collected baseline data in the spring of 2012 to measure how long it takes to travel 3 8tl1
A venue as well as potential diversion routes . This will be repeated to assess how the
street reconfiguration has impacted travel times.
• Traffic speed on 38th A venue -staff has baseline data on the speed of cars prior to the
road diet (5-1 0 mph over the speed limit) and will be able to compare that to speeds after
the street reconfiguration.
• Accidents on 38th Avenue -with data from the Police Department, staff will compare
accident rates on the corridor over time, pre-and post-road diet
• Emergency vehicle access -all emergency responders will give feedback on the project.
In particular, the Police Department and Wheat Ridge Fire have data on average response
times that they will be able to track over time. Wheat Ridge Fire indicated that their
response times vary throughout the year due to factors such as weather so at least 1-2
years of data is needed to effectively compare pre-and post-road diet times.
• Vacancy rates on 38th Avenue -the City will monitor the number of vacancies on the
street over time.
• Building permit and business license activity -staff will utilize records on permits and
licenses to track new investment and new businesses on the corridor.
• Sales revenue -utilizing sales tax data , staff will track sales revenue on the corridor over
time.
Traffic Summary
The Traffic Volume and Speed Data Map is provided as an attaclunent summarizing the data that
has been collected rre and post project. In general the volumes east of Pierce are similar for the
major routes of 44t \ 38th , and 32 11 d. The volumes for 35th and 41 st show slight reductions , except
for the eastern portion of 41 5
\ which had a slight increase. The volumes west of Pierce show a
reduction of just under 2, 700 trips or 15% on 38th and an increase of around 700 trips or 12% on
38th Avenue Corridor Plan Implementation
June 17 , 2013
Page 7
32"d. As noted earlier a similar change was not noticed east of Pierce. From a speed perspective,
the road diet has been very successful in reducing the speed of most ofthe vehicles to nearly the
posted speed limit.
A table is provided as an attachment summarizing the data that has been collected pre and post
project for 38th A venue for the travel time study. The morning and afternoon rush hour travel
times have been impacted in line with what was predicted by the study, Jess than 40 seconds of
delay. Because of the slower school zone speeds west of Pierce, travel time for the corridor is
somewhat more impacted, between 60 and 90 seconds of delay.
Bike I Ped Summary
Charts are provided as an attachment summarizing the data that has been collected beginning in
April 2012 for bike and pedestrian activity. You will note that we have either 2 or 3 data points,
depending on the intersection. In staffs opinion, the data do not appear to indicate any clear
trend lines for either a significant increase or decrease in activity since the road diet has been
implemented .
Emergency Vehicle Access and Accident Summary
The Wheat Ridge Fire Protection District has been tracking response time for calls along the 38th
A venue corridor and they report a small decrease in their response time since the road diet has
been implemented. An attachment is provided. Staffhas checked with Exempla Lutheran
Hospital and they have indicated verbally that they have not had concerns with the road diet
impacting the ability of emergency vehicles to arrive at their facility. The Wheat Ridge Police
Department does not believe the road diet has impacted their ability to provide public safety
services to the corridor and anecdotally they have witnessed drivers operating at more
appropriate speeds along the corridor.
A bar chart is provided as an attachment summarizing the data that has been collected for several
years prior to and post project for 38th Avenue for the traffic accidents. For most years, the
accidents average around 70 per year. This has not changed significantly for post project.
Economic Development Summary
Please refer to attached memo provided by Steve Art, Economic Development Manager.
There are other more subjective metrics that will also factor into the assessment, such as
feedback from businesses, residents , and the 38 1h Avenue Leadership Committee. The City is
attempting to track this over time through tools such as the City's Citizen Survey, which this
year asked questions about how often citizens frequent businesses on 38th A venue and whether
they think of the street as the community's main street. These questions were asked for the first
time in the 2012 citizen survey, so no tracking of trends is yet available.
Next Steps for Implementation
The Corridor Plan contains an implementation matrix with implementation steps phased over
four different time frames: Phase 1: 2011-2012 ; Phase II: 2013-2014 ; Phase III: 2015-2020;
Phase IV: 2021-2030. There are several steps , such as dev eloping a civic center on the corridor,
38th A venue Conidor Plan Implementation
June 17 , 2013
Page 8
which are recognized to take many years and the vision is not anticipated to be realized for as
much as twenty years.
While much has been accomplished , there are still many steps that lie ahead to successfully
implement the plan. A summary of the priority implementation steps that City staff, Wheat Ridge
2020 , and the Leadership Committee will be working on in the upcoming year follows.
(1) Marketing/Branding Implementation: The RA38 Marketing Committee and
Leadership Committee continue to implement the Ridge at 38 Marketing Plan. During
2013 there will be new banners along the street, coordinated marketing of the district, and
expanded website at Ridgeat38.com and a push for earned media about Ridge at 38 .
(2) Events: In 2012 we saw thousands gather on Ridge at 38 for Celebrate Ridge at 38 as
well as Holiday Celebration on Ridge at 38. In 2013 we held a Clean Up Day on May 11
with participation from business owners , residents, elected officials and city staff.
Additional 2013 events including Wheat Fest (July 20), Cyclocross (October 12), Trunk
or Treat (October 27) and Holiday Celebration (December 1 ). Jefferson County Public
Schools has approved the consumption of alcoholic beverages on school grounds for the
Wheat Fest and Cyclocross events .
(3) 2013 Capital Projects: The installation of the banner poles at either end of the corridor
and the pedestrian activated signals are major capital investments being made in the next
several months as part of the approved 2013 capital budget. Public Works staff will be
overseeing these contracts , which are well underway
(4) Streetscape Design Consultant: Proposals from design consultants are currently being
reviewed and interviews will have taken place prior to the study session on the 1 ih. The
scope of services being proposed will finalize a street section and accompanying
amenities , including street furniture , landscaping, public art , way finding signage, etc.
The consultant will also be reviewing opportunities for curb cut consolidation and
providing a design for a first phase implementation project for a portion of the "Main
Street" area as a potential 2014 capital project.
(5) Economic Development Activities: Several projects either are or will be under
construction in 2013. An urban fom1at 7-11 is being constructed at 38th and Harlan and
an application is moving forward for 26 townhomes at 38th and Depew. Staff continues to
reach out to the developers and end users to either occupy or redevelop sites and
buildings on 38 1h Avenue. This is a high priority for the City 's economic development
division.
Stafflooks forward to discussing the project further when we meet on the 17 1h. Thank you.
ATTACHMENTS:
1. Study area map
2. Traffic counts and travel speeds
3. Travel time
4. Accident data
5. Bike I Ped data
6. Summary of economic development indicators
D I
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CITY OF WHEAT RIDGE
TRAFFIC VOLUME
AND SPEED DATA MAP
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7500 '-"est 29th Avenue
Wleat Ridge, co 80033-8001
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UPDATED 611012013
N .. c
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Time Period.
AM
PM
AM Rush Hour
PM Rush Hour
School Arrival
School Release
38th Avenue, Sheridan to Wadsworth
Travel Time Study
Oire~t.Wn
Westbound
Westbound
Eastbound
Eastbound
Westbound
Westbound
Eastbound
Eastbound
7-8AM
5-6 PM
9AM
4PM
Tim~~ Qf d.av
Rush Hour
School Arrival
Rush Hour
School Arrival
Rush Hour
School Release
Rush Hour
School Release
AQUI 2012 . ~ril 2013
Seconds
167 190
180 178
220 251
190 248
162 201
216 306
Chaf'!&e
23
-2
31
58
39
90
c-') ... c
G»
E .c u ca ... ...
4
38th Avenu~ Lane Confisura~i91) Project
Traffic Accidents Review
/ 1 80 /.;~ ·: .• ' ~--~y ~' ~-.... .; ..
70
60
1/
~so r ..
•-I ~ I
ct I
~40 , I
0
~ ~ ~ . ~ ;2 30 . . • 5/08 -4/09 :
/
' •5/09 -4/10 I u
20 • 5/10 -4/11 !! •E:;/11 -.11/1') Ci
10
Q ... ,. . .r .. -
• 5/12 -4/13
-"
Reviewed Period: May 2008 to April 2013
Study Segment: Wadsworth to Sheridan
400
350 341
300 277
250
200
150
100
so
0
0
Benton*
•Apr 2012
weather: 50 to 60o
140
120
100
80
60 56
39
40
20
Weekday Pedestrian Counts
From Gam to 9pm
234 246 245
0
Harlan* Pierce
Sept 2012 • May 2013
65 to 85o 50 to 70o
322 323
0
High Ct* Depew
"Zero counts indicate that
video was not available for
that intersection ond dote
Weekday Bicyclist Counts
From Gam to 9pm
115
105
0 0
0
Benton*
•Apr 2012
weather: 50 to 60o
Harlan* Pierce
Sept 20 12 • May 2013
65 to 85° 50 to 70o
Attachment 5
High Ct* Depew
• Zero counts indicate that
video was not available for
that intersection and date
Saturday Pedestrian Counts
Saturday from llam to 2pm
2SO 236
200
1SO
100
so
0
Benton Harlan Pierce High Ct
• Apr 2012 Sept 2012 • May 2013
weather: law 70s high 70s mid 50s
Saturday Bicyclist Counts
Saturday from llam to 2pm
100
88
90 82
80
70
60
so
40
30
20
10
0
Benton Harlan Pierce High Ct
• Apr 2012 Sept 2012 • May 2013
weather: low 70s high 70s mid 50s
Executive Summary
Sales Tax Data, Vacancy Rate, Business Licenses
The Ridge at 38
January -April 2013
The following summary reports the sales tax data, vacancy rates and new business license information
for The Ridge at 38 as identified as the area from Upham Street to Sheridan Boulevard for the months of
January through April of the years 2010 through 2013.
Sales Tax
Overall, the corridor's sales tax revenues have increased each year since 2010. In 2013, sales tax
revenues, for the first quarter of the year increased 1.5% from 2012, 6.5% from 2011 and 15.1% over
2010.
Sales tax revenues for businesses from Upham to Newland, identified as the Main Street District of 38 1h
Avenue Corridor Plan (the Plan) adopted by City Council in October, 2011, indicates a decrease in sales
tax from 2012 to 2013 by 7 .8%. This decrease can be attributed to a large decrease in reported sales tax
from Wheat Ridge Cyclery. This decrease may be attributed to the long winter period that greatly
affected the start of 'biking season'. The Cyclery reports they will have their highest producing May in
company history which is most likely attributed to the improvement is weather. Compared to the
previous two-years, the sales tax figures in the same district are up by .9 % and 14.8% respectively.
Tax revenues from Newland to Benton; which incorporates the Neighborhood and a portion of the
Commercial Districts of the Plan had an increase, from January through April over the three year period
of5.8% when compared to 2102, an 8.8% increase 2011, and a 16.8% increase compared to 2012. This
increase occurred even though a large sales tax producer, Cabinets Now relocated their business.
Sales tax revenues from Benton to Sheridan also had a growth in sales tax generation from January to
April of2013. Located within the Plan's Commercial District, this section witnessed a 2.8% increase
when compared to 2012. That trend continued in 2011 with a 7.5% increase and 14.8% increase
compared to 2010.
Overall sales tax generation along The Ridge at 38 broken down into industry segments reflect that from
January to April of2013 the Dining, Food, Grocery, Liquor, and Gaming segment of the corridor has
increased steadily with a 2.2%, 8.3% and 14.2% respectively over the three previous years.
• When the data is correlated for business activity that has been in operation for all 4-years, the
revenues continue to increase each year since 2010. Compared to 2013, comparable sales tax
has increased 1.7% in 2012,6.6% in 2011 and 12.7% over 2010.
1
Attachment 6
Auto related services had a slight decrease of0.4% ($87) during the same period in 2013 compared to
2012. The 2013 revenues are 2.4% below the revenues generated in 2011 and down 6.6% compared to
2010.
• When the data is compared to those auto related businesses that have operated along the corridor
for the 4-year time periods , those numbers reflect approximately the same trend with a 2 .7%,
5.5% and 3.2% decrease over the four month period the previous three years. But, a few
automotive related businesses including Quality Auto Care and Tire Care, Dave's Automotive
Specialist, and Old Town Auto had a slight increase in reported sales tax .
Miscellaneous retail sales indicate a very slight decrease in 2013 compared to 2012 by .5%, but increase
by 3% and 23.2 % respectively for 2011 and 2010 . We believe the decrease over the previous 12-month
period is due to the aforementioned Wheat Ridge Cyclery and Cabinets Now decrease in reported sales
tax from January through April.
• When those businesses that have been open for 4-years are extrapolated from the data , sales
figures are down during 2012 and 2011 by 7.9 and 6.5 respectively but are up by 13 .8% when
compared to 2010. Again , the Wheat Ridge Cyclery and Cabinets Now sales tax revenues
greatly affected these numbers .
Vacancy Rate
For the properties included in the Plan (see map), there are approximately 172 available spaces for rent ,
lease or sale. There are currently 18 available vacant spaces on the Ridge at 38 which equates to almost
an 11 % vacancy rate. These include three buildings for sale ; two in the residential area of the corridor
and one large site , the former Mark's restaurant. Two of the sites are not currently being marketed and
are not for lease or sale at this time. One site , recently purchased by a new ownership , contains six
vacancies which is reported to be caused by a demand for rent increase and a hike in CAM fees.
Business Licenses
Since 2011 , 36 new business licenses have been obtained on the Ridge at 38 from Upham Street to
Sheridan Boulevard. One of these businesses has ceased operations since then (Mile High Hookah) for
a net gain of 3 5 new businesses .
• Nine licenses in 2011
• Eighteen licenses in 2012
• Nine licenses in 2013 (thru April2013)
2
.... ~·~
... # r City of • ... fP!:Wheat&_dge ~ADMINISTRATIVE SERVICES
TO:
FROM: Nathan Mosley, Management Analyst
DATE: June 17 , 2013
SUBJECT: Sales Tax Ballot Initiative
Council has directed staff to move forward with a ballot initiative requesting a 1% increase to the
City of Wheat Ridge sales and use tax rate. This increase would generate approximately six
million dollars revenue annually to fund general operating expenses and capital improvement
projects.
Staffwould like to discuss the timeline for approval of the ballot language and messaging
strategy for presenting to residents .
Following is the timeline for approving ballot language based on the Jefferson County election
calendar.
August 2 -Ballot language from MDKR due for packet
August 5 -Study Session, Draft Ballot Language
August 12 -Ordinance on 1st reading
August 26-Ordinance on 2nd reading
September 6 -Ballot language due to County Clerk
September -November 5111
, Campaigning (Non-City sponsored activities)
"'" A * .. r City of
_ff Wheat&_dge ~OMMUNITY DrvnorMENT
f -F r/fY1 5 .
Memorandum
TO: Mayor and City Council
THROUGH : Patrick Goff, City Manager
Kenneth Johnstone, Community Development Director
FROM : John C. Schumacher, Jr., Chief Bui lding Official
DATE: June I 2, 20 I 3 (for June I 7 s tudy session)
SUBJECT: Ordinance adopting the 201 I National Electrical Code
The draft ordinance is designed to facilitate the adoption of the 20 I J version of the National
Electrical Code (NEC) in its entirety, without amendment, and to consolidate all sections of Chapter
5 of the Wheat Ridge Code of Laws related to electr ical work into one section. 5-77 Nationa l
Electrical Code; Electrical Inspections.
Unlike the family of International Codes under which the City regulates other building disciplines.
the National Electrical Code is so lely a techni cal code and does not contain administrative
provisions establishing pcnnitting and inspection processes or fees and penalties for non-
compliance with or violatio n of those processes. Those administrative processes, fees and
requirements are defined by individual jurisdictions at the time of adoption and were previously
established by the City of Wheat Ridge .in Code sections 5-56 through 5-61 at the time of adoption
of the 2005 version of the NEC. The actual text of the NEC itself was adopted at the same time
under section 5-77 of the code. For ease of use and consistency throughout Chapter 5, all language
necessary for the adoption of the NEC and establishment of permitting and inspection processes is
being consolidated under o ne section , 5-77.
The draft ordinance adopts the technical provisions of the 201 I version of the NEC without any
technical amendments by the City, which is consistent with the 20 I I NEC version adopted at the
state level and by many neighboring jurisdictions. This is accomp lished in Section 1 of the draft
ordinance under Code section 5-77(a). Consistency in the adoption of the technical provisions of the
code provides contractors perfonning work under the Code the predictab il ity to accurately estimate
and conduct work thro ughout various jurisdictions.
Code section 5-77(b) of the proposed ordinance defines the purpose of the code, which is generally
to safeguard persons and structures within the City's jurisdiction.
Code section 5-77(c) establishes fees for electrical pennits based on the fee schedule and valuation
data adopted by City Council during the 2006 Intemati onal Code adoption process and currently in
use by the Building Division. There are no changes to the current fee schedule, Table I -A. proposed
National Electrical Code Amendment
June 17 ,2013
Page 2
by this ordinance.
Code section 5-77( d) establishes "investigative fees ", or fees for electrical work commenced
without a permit , and references the investigative fee contained within the current fee schedule,
Table 1-A . There are no changes to the current investigative fee rate proposed by this ordinance.
Code section 5-77( e) establishes the requirement for inspection of electrical work authoriz ed by
electrical pennits and general requirements related to those inspections.
• Subsection (l) of this section establishes the general requirement to have work authorized by
a permit inspected by the City. It also establishes a requirement for work to comply with
applicable codes and ordinances regardless of erroneous approvals , and it removes liability
from the City for damages should destructive work become necessary to inspect improperly
concealed work. The possibility exists that work that is not fully compliant with code may
be inadvertently approved by an inspector or City representative, but the City would not
want to permit the existence of non-compliant work based on an error. This section
addresses the possibility of this situation and allows the City to require correction of that
work. It can sometimes become necessary for the City to direct the removal of work
perfonned in order to expose and inspect other work that has been concealed without
inspection. This section addresses and removes from the City liability for damages or loss
related to the remov al of work for inspection .
• Subsection (2) grants the City authority to accept inspections by outside agencies, which is
typified by the City's acceptance of a letter of inspection from an engineer or approved
contract inspection firm .
• Subsection (3) establishes the requirement that the permit, inspection records and approved
documents and plans be posted and available at the work site at all times that work is being
conducted. This requirement is necessary to the knowledgeable and proper approval and
documentation of inspections by City inspectors that occur throughout the duration of the
project.
Sections 3-6 of the draft ordinance contain standard legal language written by the City Attorney 's
office to pro v ide for proper execution and enforcement the ordinance .
In summary, the draft ordinance mo ves the City to the 2011 version of the NEC and consolidates
related language into a single location within Wheat Ridge Code of laws without instigating any
changes in current fees , processes or procedures .
ATTACHMENTS:
1. January 14 , 2013 memorandum from Carmen Berry
2. Draft Ordinance
2
TO:
CC:
FROM:
DATE:
RE:
MURRAY
DA~L
Ku E:G~ENME:I5TER
RENAUD LLP
MEMORANDUM
John Schumacher, Chief Building Official
Janelle Shaver, City Clerk
Carmen Beery
January 14, 2013
Notice and Hearing Requirements: Ordinance Adopting 2011 NEC by
Reference
We have worked together to complete a draft ordinance adopting the 2011
edition of the National Electrical Code (NEC) by reference. The process required to
adopt a Code by reference is slightly different from the usual ordinance-adoption
process . This memorandum outlines the required steps to adopt this particular
ordinance. I have copied City Clerk Shaver, as this process will require some
coordination between your respective offices.
1. The City Council considers the ordinance adopting the 2011 NEC on first reading
and schedules a public hearing to take place at second reading . You are not
required to take any action before this date .
2. You must provide the City Clerk 's office with a copy of the 2011 NEC , which she
must maintain in her office , available for public inspection, throughout the
ordinance adoption process.1 The Clerk and Mayor must execute a Certification ,
a form of which is attached for your convenience, attesting that the copy on file is
a true and accurate copy of the 2011 NEC . The certified copy must be on file in
the Clerk's office no later than fifteen (15) days prior to the public hearing .
3. Coordinate with the City Clerk to publish notice of the public hearing on second
reading . This notice must be published twice : once at least fifteen (15) days prior
to the hearing date and once at least eight (8) days prior.2 A form of notice is
attached for your convenience .
4. At the public hearing , submit a copy of the 2011 NEC to the City Council.
Reading the title of the ordinance alone will then satisfy the ordinance reading
requirement. 3
5. Coordinate with the City Clerk to publish the ordinance after its adoption on
second reading .4
1 CRS § 31-16-206.
2 CRS § 31-16-203 .
3 CR S § 31-16-203 ; CRS § 3 1-1 6-107 .
Attachment 1
6. At least one (1) certified copy of the 2011 NEC must remain on file in either your
office or the City Clerk's office for as long as it remains in force .5
7. The Clerk must maintain a "reasonable supply" of copies of the 2011 NEC to be
available for purchase by the public for "a moderate price."6 Having an electronic
copy of the NEC , ready to be printed or transferred to some other digital format
for purchase , satisfies this requirement. Please coordinate with the Clerk to
provide her with either a hard copy or electronic copy of the NEC that she can
keep on file , if she is not already maintaining the certified copy of the NEC in her
office as described in # 6 above .
Please don 't hesitate to contact me with questions about this process or the use
of any of the attached forms .
4 CR S § 31-1 6-205 .
5 CRS § 31-16-206.
6 ld .
NOTICE OF PUBLIC HEARING ON ADOPTION OF
2011 NATIONAL ELECTRICAL CODE BY REFERENCE
NOTICE is hereby given that the City Council of the City of Wheat Ridge , Colorado, has
scheduled a public hearing on an ordinance adopting by reference the 2011 edition of the
National Electrical Code (the "NEC").
A copy of the NEC is on file and available for public inspection during regular business
hours at the office of the Wheat Ridge City Clerk, 7500 W . 29 th Avenue, Wheat Ridge, Colorado ,
80033. If adopted by reference by ordinance, the NEC will not be published in full , but in
accordance with state law, a copy will remain on file in the City Clerk 's Office.
The NEC is published by the National Fire Protection Association, Batterymarch Park,
Quincy, Massachusetts , 01269-7471. The subject matter of the NEC is the regulation of the
design, construction, quality of materials, use and occupancy, location and maintenance of
buildings , structures , utilities and certain equipment. The purpose of the adopting ordinance
and the NEC is to provide minimum standards to safeguard life or limb, health , property, and
public welfare by regulating and controlling the above-listed elements , in a manner generally
conforming to similar regulations throughout the state and the nation .
The public hearing shall take place at the following time and place:
Date:
Time:
Place:
------' 2013
7:00p.m., or as soon thereafter as may be heard
Wheat Ridge City Hall
City Council Chambers
7500 W . 29th Avenue
Wheat Ridge, CO 80033
Dated this_ day of _______ , 2013
Janelle Shaver, City Clerk
First publication:
Second publication:
CERTIFICATION OF 2011 EDITION OF NATIONAL ELECTRICAL CODE
CITY OF WHEAT RIDGE , COLORADO
We , the undersigned , do hereby certify that this 2011 edition of the Nat ional Electrical
Code is a true and accurate copy of the Code to be considered by the Wheat Ridge City Council
for adoption by reference by Council Bill No . , Series 2013 , pursuant to and as provided
by parts 1 and 2 of Article 16 of Title 31, C.R.S . and Section 5.16 of the Wheat Ridge Home
Rule Charter.
Dated this _ day of ______ , 2013.
By : __________ ___
Jerry DiTullio , Mayor
ATTEST :
Janelle Shaver, City Clerk
TITLE:
CITY OF WHEAT RIDGE, COLORADO
INTRODUCED BY COUNCIL MEMBER------
Council Bill No. ____ _
Ordinance No.
~-----Series of 2013
AN ORDINANCE ADOPTING BY REFERENCE THE 2011 EDITION
OF THE NATIONAL ELECTRICAL CODE, PROVIDING PENALTIES
FOR VIOLATIONS THEREOF AND AMENDING PORTIONS OF
CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS
CONCERNING ELECTRICAL INSPECTIONS
WHEREAS, the City of Wheat Ridge, Colorado (the "City''), is a Colorado home rule
municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado
Constitution; and
WHEREAS, pursuant to Section 5.16 of the Wheat Ridge Home Rule Charter ("Charter'')
and Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes, the City, acting through its
City Council (the "Council"), possesses the authority to adopt standard codes by reference; and
WHEREAS, pursuant to this authority, the City previously adopted the 2005 edition of the
National Electrical Code ("NEC''), as promulgated and published by the National Fire Protection
Association, codified as Section 5-77 of the Wheat Ridge Code of Laws ("Code"); and
WHEREAS, the National Fire Protection Association has promulgated and published a
2011 edition of the NEC which contains updated regulations and requirements; and
WHEREAS, the Council recognizes the value of the NEC in providing minimum standards
to safeguard life or limb, health, property, and public welfare by regulating and controlling the
design, construction, quality of materials, use and occupancy, location and maintenance of
buildings, structures, utilities and certain equipment; and
WHEREAS, the Council also previously adopted certain requirements concerning electrical
inspections, which relate to NEC requirements, codified as Division 3 of Article II of Chapter 5 of
the Code, also known as Sections 5-56 through 5-75; and
WHEREAS, City staff has recommended updating said Code provisions concerning
electrical inspections and relocating the same to Code Section 5-77 in order to congregate all local
provisions regarding electrical code requirements and inspections in one Code section; and
WHEREAS, a public hearing on this Ordinance was conducted and proper notice thereof
given in accordance with C.R.S. § 31-16-203; and
WHEREAS, a certified copy of the 2011 edition of the NEC was filed with the City Clerk at
least fifteen (15) days prior to public hearing on this Ordinance in accordance with C.R.S. § 31-16-
206 and Charter Section 5.16 and such code remains open to public inspection and purchase from
the Clerk's office; and
WHEREAS, the City wishes to adopt by reference the 2011 edition of the NEC, provide
penalties for NEC violations and to update and relocate Code provisions concerning electrical
inspections to Code Section 5-77, all as further set forth herein.
Attachment 2
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WHEAT RIDGE, COLORADO:
Section 1. Section 5-77 of the Wheat Ridge Code of Laws , concerning the National
Electrical Code , is hereby amended as follows
Sec. 5-77. National Electrical Code; ELECTRICAL INSPECTIONS.
(a) Adopted. The National Electrical Code , ~ 2011 Edition , copyright by
the National Fire Protection Association , Batterymarch Park , Quincy,
Massachusetts , 01269-7471, is hereby adopted by reference thereto and
incorporated into this chapter as though fully set out herein as the
electrical code of the city . Except as otherwise provided in this chapter ,
such code is adopted in full , including the index contained therein . One
copy of said National Electrical Code shall be filed in the office of the city
clerk and may be inspected during regular business hours .
(b) Amendments. The National Electrical Code , adopted by this section is
hereby amended as follows (section numbers refer to section numbers of
the National Electrical Code):
Artiste 310.2(b} is amended by adding a ne·N sentence to read :
"Aluminum conductors under size 8 are net allowed."
Purpose . The purpose of this section is to provide minimum standards to
safeguard life or limb , health, property, and public welfare by regulating
and controlling the design , construction , quality of mater ials , use and
occupancy , location and maintenance of all buildings , structures and
utilities and certa in equipment specifically regulated herein .
(a C) Electrical permit fees . Electrical permit fees shall be as follows: All fees
shall be computed BASED on the dollar value of the electrical installation ,
including time and material (total cost to the customer) ESTIMATED
PROJECT VALUATION AT THE TIME OF APPLICATION. PROJECT
VALUATION SHALL INCLUDE THE VALUE OF ALL WORK,
INCLUDING ALL COSTS OF LABOR AND MATERIALS RELATED TO
THE PROJECT. PROJECT VALUATION SHALL BE CALCULATED BY
THE BUILDING DIVISION BASED ON DATA PUBLISHED ON THE CITY
WEBSITE OR OTHER REASONABLE MEANS, AND THE HIGHER OF
THE APPLICANT'S STATED VALUATION AND THE DIVISION'S
CALCULATED VALUATION SHALL BE USED TO DETERMINE PERMIT
FEES . and such f Fees shall be computed based upon Table 1-A OF
THE CITY 'S FEE SCHEDULE , AS ADOPTED FROM TIME TO TIME BY
CITY COUNCIL RESOLUTION ("TABLE 1-A"), at time of obtaining the
permit.
(e D) FEES FOR WORK WITHOUT A PERMIT. Items of work for which a
permit is required under this SECTION chapter which are commenced
before a permit is secured shall be assessed A FEE fees for permits in
triple the amounts AS SET FORTH IN TABLE 1-A prescribed in the
2
permit's foe schedule. This FEE penalty shall be in addition to the
PERMIT investigation fee REQUIRED FOR SUCH WORK PURSUANT
TO referenced in Table 1-A, City of VVheat Ridge building perrnit foes.
(E) ELECTRICAL INSPECTIONS.
(1) GENERAL. ALL CONSTRUCTION AND WORK FOR WHICH A
PERMIT IS REQUIRED BY THE CODE ADOPTED BY THIS
SECTION 5-77 SHALL BE SUBJECT TO INSPECTION BY THE
BUILDING OFFICIAL TO ENSURE COMPLIANCE WITH SAID
CODE AND SUCH CONSTRUCTION OR WORK SHALL
REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION
PURPOSES UNTIL APPROVED . APPROVAL AS A RESULT OF
AN INSPECTION SHALL NOT BE CONSTRUED TO BE AN
APPROVAL OF A VIOLATION OF THE PROVISIONS OF THE
CODE ADOPTED BY THIS SECTION OR OF OTHER
ORDINANCES OF THE CITY. INSPECTIONS PRESUMING TO
GIVE AUTHORITY TO VIOLATE OR CANCEL THE
PROVISIONS OF THE CODE ADOPTED BY THIS SECTION OR
OF OTHER ORDINANCES OF THE CITY SHALL NOT BE
VALID. IT SHALL BE THE DUTY OF THE PERMIT APPLICANT
TO CAUSE THE WORK TO REMAIN ACCESSIBLE AND
EXPOSED FOR INSPECTION PURPOSES. NEITHER THE
BUILDING OFFICIAL NOR THE CITY SHALL BE LIABLE FOR
EXPENSE ENTAILED IN THE REMOVAL OR REPLACEMENT
OF ANY MATERIAL REQUIRED TO ALLOW INSPECTION .
APPROVAL OF ONE PORTION OF WORK UPON INSPECTION
SHALL NOT CONSTITUTE APPROVAL OF ANY OTHER
PORTION OF WORK REQUIRING INSPECTION.
(2) INSPECTION AGENCIES. THE BUILDING OFFICIAL IS
AUTHORIZED TO ACCEPT REPORTS OF INSPECTION
AGENCIES , PROVIDED SUCH AGENCIES SATISFY THE
BUILDING OFFICIAL 'S REQUIREMENTS AS TO
QUALIFICATIONS AND RELIABILITY.
(3) PERMIT POSTED; INSPECTION RECORDS AVAILABLE. NO
CONSTRUCTION OR WORK FOR WHICH A PERMIT IS
REQUIRED BY THE CODE ADOPTED BY THIS SECTION
SHALL BE COMMENCED UNTIL SUCH REQUIRED PERMIT IS
POSTED AT THE WORK SITE. ADDITIONALLY, ALL
INSPECTION RECORDS FOR A WORK SITE SHALL BE
MAINTAINED AND MADE AVAILABLE FOR INSPECTION BY
THE CITY ON-SITE AT ALL TIMES THAT WORK IS
OCCURRING AT SUCH SITE.
Section 2. Division 3 of Article II of Chapter 5 of the Wheat Ridge Code of Laws ,
concerning electrical inspections , is hereby repealed and Sections 5-56 through 5-75 of the Code
are hereby designated as "Reserved."
3
Section 3. Penalties . Penalties for violating the 2011 Edition of the NEC, as adopted
by reference by this Ordinance , are set forth in Code Sections 1-5 and 5-5, which read, in their
respective entireties , as follows:
Sec. 1-5. General penalty.
Unless otherwise specifically provided , whenever in this Code or any
other ordinance of the city or any section or an order, rule or regulation
promulgated under the provisions of this Code or other ordinance of the
city any act is prohibited, made or declared to be unlawful , an offense,
nuisance or misdemeanor, where no specific penalty is provided therefor,
any person who shall be convicted of the violation of any such provision
of this Code or other ordinance of the city or of such orders, rules or
regulations shall be punished by a fine of not more than one thousand
dollars ($1,000 .00), or by imprisonment for a period not exceeding one
year , or both such fine and imprisonment; provided, however, that no
person under the age of eighteen (18) years shall be subjected to
imprisonment for violation of any provision of this Code .
Sec. 5-5. Enforcement and remedies.
(a) Civil actions. When an alleged violation of this chapter has not been
voluntarily abated within the time specified in the notice issued pursuant
to section 2-34 :
(1) The city may bring a civil action in the municipal court to have the
violation declared as such by the court and to have the court
enjoin the violation or to authorize its restraint, removal,
termination or abatement by the owner, agent, occupant or person
who caused the violation or the person who allowed the violation
to continue, or by the mayor, the director of community
development, director of public works or the chief of police or their
designated representatives .
(2) The civil action to declare and abate a violation of this chapter
shall be brought in the name of the City of Wheat Ridge by filing a
complaint, which shall be verified or supported by an affidavit.
Summonses and subpoenas shall be issued and served as in civil
cases. Any employee or agent of the City of Wheat Ridge who is
over the age of eighteen (18) may serve a summons and verified
complaint upon the owner, agent, occupant or the person who
caused or allowed the violation (hereinafter "respondent"), or a
subpoena upon any witness to the violation. Trial shall be to the
court.
(3) A notice of appearance shall be served with the summons and
complaint. The appearance date shall be not less than twenty-one
(21) days from the date of service of the summons and complaint.
The respondent shall file a response or answer on or before the
appearance date specified in the notice of appearance. The trial
shall be held upon the appearance date , unless the court grants a
4
continuance for good cause shown . No case shall be continued
for more than sixty (60) days after the appearance date.
( 4) Upon the date and time specified for appearance and trial, if the
respondent has filed no response and fails to appear, and if the
city proves that proper service was made on respondent at least
twenty-one (21) days prior to the appearance date, the court may
grant such orders as are requested by the city; except that, the
court shall order the enforcement by the city be stayed for ten (1 0)
days and that a copy of the court's order be mailed to the
respondent at his last known address . Failure to appear on any
date set for hearing and trial shall be grounds for entering a
default and default judgment against the nonappearing party. Prior
to enforcement, and upon good cause shown, the court may set
aside an entry of default and default judgment entered thereon.
(5) Any disobedience to or interference with any injunction or order
issued by the municipal court in an action to abate a violation of
this chapter of the Wheat Ridge Code of Laws may be punished
as a contempt of court or by a fine of not more than one thousand
dollars ($1 ,000.00). Each day's failure to comply with an injunction
or order to abate shall constitute a separate act of contempt for
which an additional penalty may be imposed.
(6) In order to facilitate just, speedy, informal and inexpensive
determinations of claims , the court shall follow the rules of county
court civil procedure, as presently adopted and as amended
hereafter from time to time, excepting Rules 302, 313, 338 , 339,
347,348,350,351, 351.1, 359(cX2), 365,383,398,402,403,404
and 406 thereof, and shall further utilize and follow the provisions
of Rule 65 of the Colorado Rules of Civil Procedure in all cases
wherein civil enforcement of the provisions of chapter 5 is sought.
In the event of any discrepancy between any of the provisions of
chapter 5 and those applicable rules of county court civil
procedure, or Rule 65 of the Colorado Rules of Civil Procedure
adopted hereby, the provisions of chapter 5 shall prevail and be
applied .
The right is expressly reserved and delegated to the presiding
judge of the Wheat Ridge Municipal Court to adopt rules of
procedure for the Wheat Ridge Municipal Court, which rules shall
be applicable in any civil enforcement action brought by the city;
provided, however, that said rules of procedure adopted and
promulgated by the presiding judge of the municipal court shall not
conflict with or contradict the authority of the city to pursue civil
enforcement for violations of the provisions of this chapter 5.
(7) In any case in which the city prevails in a civil action initiated
pursuant to this subsection (a), the city may recover its reasonable
costs of abating the violation, including reasonable costs of
litigation, plus fifteen (15) percent in administrative costs; plus
costs may be assessed against the subject property pursuant to
5
paragraphs 16-13-313 and 16-13-314, C .R.S ., (as amended). The
remedies spec if ied in this subsection (a) shall be in addition to all
other remedies provided by law.
(b) Cumulative remedies. The remedies set forth herein are cumulative .
In the event any building , structure or utility is erected , constructed ,
reconstructed , altered , repaired, converted , demolished , moved or
maintained , or any building, structure or utility is used in violation of this
chapter, the city or any proper city official may institute any other
appropriate action or proceedings to prevent such unlawful erection ,
construction , reconstruction , alteration , repair, conversion , maintenance
or occupancy to restrain , correct or abate such violation or to prevent the
occupancy of such building , structure or land . The in itiation of any action
or the imposition of any penalty hereunder shall not preclude the city or
any proper person from instituting any other appropriate action or
proceeding to require compliance with the provisions of this chapter and
with administrative orders and determinations made hereunder.
Section 4. 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 5. Severability; Conflicting Ordinances Repealed. If any section , subsection
or clause of th is Ordinance shall be deemed to be unconstitutional or otherw ise invalid , the validity
of the remaining sections , subsections and clauses shall not be affected thereby . All other
ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby
repealed .
Section 6. Effective Date . This Ordinance shall take July 1, 2013 , as authorized by
Section 5.11 of the Charter .
INTRODUCED , READ , AND ADOPTED on first reading by a vote of to on
this 25 1
h day of March , 2013 , ordered publ ished in fu ll in a newspaper of general circu lation in the
City of Wheat Ridge and Public Hearing and cons ideration on f inal passage set for Apr il 22 nd. 2013 ,
at 7:00 o'clock p.m ., in the Counci l Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado .
READ , ADOPTED AND ORDERED PUBLISHED on second and final reading , after public
hearing, by a vote of to , this day of , 2013 .
SIGNED by the Mayor on this ___ day of _________ , 2013 .
Jerry DiTull io , Mayor
ATTEST:
6
Janelle Shaver, City Clerk
First Publication :
Second Publication :
Wheat Ridge Transcript
Effective Date :
Approved As To Form
Gerald E. Dahl, City Attorney
7