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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 ... ~l~ .. ~ ~ 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 I .., en 0 -n c a. c '< In )> )> ... ... (I) (I) I» I» ~ ~ 0 0 c: c :::J :::J a. a. I» I» ~ ~ f ---' I j l I ~ II i I ADT. 11,218 1 • I 44TH VE 1 -1.<1% 512013 I w 44TH AVE I I -I I ~ L-~ AD~~2380 II I II I I I ~ L jlii I .-I I . lii I I ~ -~ ADT .. 738 L-( ~~ C--~I I ADT•882 I ___ I --t f 312013 ~ II 512013 I Ill ::;) ~ -7.9% ~I / ), I z: 9.1% I ~-----ADT•802 I' i I ADT•808 1 1 _ W <1 '1_! ~VE 312012 i\ _ ' i I '" 31201 ~ W <11 ~T AVE ~ ~;~.;r ; I I ~:~~ r -I ~J~~~.;;~ I, J ~ r:;:;;;-1 312013 l ~ ~ 312013 312013 -~ ~ -20% 3.3% -25 .9% 1----_ 1 .... % 1 1 o.5% 1 ! 85% • ""-1 mph ~ 81% • <11.9 mph ,'---85% • 36.9 mph a ADT •17,518 ( ADT •11,717 ADT • 18,132 ; 312012 I 312012 I \ 312012 I w 3!1TH AV~ I 'l w 38TH AVE l __ J j ·; I c--= , II ADT··~~ 1 r ---!ADT·UB '~ 1 I w 11 512013 1 I ~ 1 512013 II, l _... ·--4.<1%ZI I ADT•1,11<1 1 -----l ~, ADT•1,0<1<1 1t\ tt Q f--.... I ,------' II 312012 312012 :"I I I ~ w 35T~ AVE I w 35~~ AVE IIJ ------1 ~-,.----,1,.-'---z , -1--~ I i ~ I -r; ~ l I' ADT • 6,317 1 ' ll ADT • 5,819 t l I 512013 1-512013 1 1 12.2% I \ 1-1.0% I ~ ::1~5,665 ~f---------T AD~t881 1 \ l [, w 32ND AVE I I I ~ I _l w 32ND AVE I I I I I I I ~ I I I I I CITY OF WHEAT RIDGE TRAFFIC VOLUME AND SPEED DATA MAP Legend CJ CityBoun dal)' §] E) N w\i)E s 1 in= 600ft Honzontll COOfdnMe System NA083192 StMe PliN, CoiOf.OO Ctnlr .. Zone 0502 V~Oatum NAVOM DISCLAIMER NOTICE : Thit" 1 pictorilll ,.....aD~ of geogr.,n.c .net ~ r.~6on. Rellenu upon the ac:o.ncy, ,.. .. bl6ity and lltAhority of Htlnlotn.llon Is IOiety the ~·~ ThtertyotW.etRidge,.n Jtfttnon County, Cokndo ·a politiceiiYbciYI-'on of ~t~esc.wor~.M•~toritausecerta~n ~ril~ rtbmlion Thill inlormlltiontteveleblll to .... tlnldentlfyng:genwal.,. •• ofC<If'II*Tiorly 1'h4l ~ lnlonMbon prwded MrW1 ~only be r-'itd upon 'Mih conobcntion of"-metm., ~. ·~,. ... by.~"*' incMpendenC ~ The~ ottNII ~tion st.11 indermify end t'IOtd"" the erty or w..t RtdQe from ~~~"~Y lind .. liMiihH demegH. WNiur1a. ....t cau..-of •coon lhllt l'eallt n • ~of toil ,.~onntonnnon proYicleciM,.II'I. 7500 '-"est 29th Avenue Wleat Ridge, co 80033-8001 303.23-4 .5900 UPDATED 611012013 N .. c ~ E .c u • .. c 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