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HomeMy WebLinkAboutCity Council Agenda Packet 07/14/20146:45pm -Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 14, 2014 7:00p.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. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF June 23, 2014 PROCLAMATIONS AND CEREMONIES CITIZENS' RIGHT TO SPEAK a . Citizens, who wish , may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVALOFAGENDA PUBLIC HEARING AND ORDINANCES ON SECOND READING .1. Council Bill No. 08-2014-amending the Wheat Ridge Code of Laws concerning the keeping of Dwarf Goats 2. Resolution No. 39-2014-establishing a Street Width for 38 1h Avenue from Upham Street to Marshall Street in accordance with Phase II Design Plans prepared by Entelechy and accepted by the City Council on June 16 , 2014 ORDINANCES ON FIRST READING 3. Council Bill No. 09-2014-approving the rezoning of property located at 7671 W. 32nd Ave. and 3299 Wadsworth Boulevard from Residential-Two (R-2) to Planned Residential Development (PRO) and for approval of an Outline Development Plan (Case No. WZ-14-06/Grove 21) CITY COUNCIL AGENDA : July 14 , 2014 Page -2- DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution 40-2014-amending the Fiscal Year 2014 Capital Investment Program Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $750 ,000 for the purpose of retaining professional services for the design of construction plans for the proposed 38t h Avenue improvements ~ Resolution 42-2014-approving the Second Amendment to an Intergovernmental Cooperation Agreement between Jefferson County and the City pertaining to Community Development Block Grant Funding 6 . Motion to award a contract to GreenPiay , LLC in the amount of $49 ,989 for Consultant Services to update the Parks and Recreation Master Plan per RFP-14-08 7 . Resolution 38-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $8 ,000 for the Installation of Air Conditioning in the Channel 8 equipment room 8 . Resolution 41-2014-giving notice of and calling for a Special Municipal Election to be held November 4 , 2014 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING June 23, 2014 Mayor Jay called the Regular City Council Meeting to order at 7:00 p.m. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA ROLL CALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Kristi Davis Tim Fitzgerald George Pond Tracy Langworthy Genevieve Wooden Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Chief Daniel Brennan; Parks Director, Joyce Manwaring; Public Works Director, Scott Brink; Community Development Director, Ken Johnstone; guests and interested citizens. APPROVAL OF MINUTES OF June 9, 2014 Motion by Councilmember DiTullio approve the minutes of June 9, 2014; seconded by Councilmember Starker; carried 7-1, with Councilmember Davis abstaining. PROCLAMATIONS AND CEREMONIES Christopher Deknikker-Citizen Award Councilmembers Starker and DiTullio presented Mr. Deknikker with a Citizen Recognition Award . He was awarded the Wheat Ridge Police Department Citizen Award Ceremonial Challenge Coin at a recent Police Academy ceremony. Christopher's observations, actions and unselfish behavior resulted in the apprehension of two juveniles who committed 151 degree criminal trespass on April10, 2014. Without his efforts the suspects would not have been apprehended and a crime most likely would not have been solved. -His neighbor, the victim, publicly thanked him and the Police Department. Clint Brown -Citizen Award Councilmembers Urban and Davis presented the Citizen Recognition for Mr. Brown, who was awarded the Wheat Ridge Police Department Citizen Award Ceremonial Challenge Coin at the 2014 Police Award Ceremony . Last December Mr. Brown called Police Dispatch and went out of his way to stay with a female citizen who was lying on the ground, covered with mud and snow, wearing no shoes or coat. Medical attention City Council Minutes June 23, 2014 Page 2 arrived shortly and she was transported to a hospital by ambulance. The actions of Mr. Brown played a part in saving her life. Without his courage, perseverance and initiative she could have died. Clint acted in an exemplary manner and the City thanks him. (Mr. Brown was not present.) Gina Yarrish-Citizen Award Mayor Jay presented Ms. Yarrish with a Citizen Award. She was awarded the Wheat Ridge Police Department Citizen Award Ceremonial Challenge Coin at the 2014 Police Award Ceremony. Ms. Yarrish alerted School Resource Officer Malloy that she observed a male with a hidden hand gun standing across the street from the High School parking lot. The suspect was arrested and removed from the area. Due to Gina's courage and initiative to do the right thing, and think of safety of all her students, this incident was handled immediately. Her actions and courage helped make this a safe community . Presentation to School Resource Officers Council member Wooden presented thank you cards to the School Resource Officers from the students at all the Wheat Ridge schools. The students from Kullerstrand also made thank you posters. All the principals think the Resource Officers are wonderful. Kevin Armstrong is their supervisor and the Officers are Barry Malloy, Bobbie Dawkins, and Krista Cuney. She had cards from the City Council. Their work and all the little things they do are appreciated by all . -Jill Fellman from the School Board thanked the Officers for their wonderful work and their partnership with the schools . CITIZENS' RIGHT TO SPEAK Rachel Hultin (WR) thanked the City for the Criterium race on Sunday. It was a fabulous event and the racers thought it was a great course. -She reminded everyone that Wednesday is Bike to Work Day. She announced a breakfast table hosted by Compass Construction at 381h & Reed from 6:30-9:00am. Right Coast Pizza is also partnering with WR Cyclery and Empower Cycling for a Bike Home From Work Party on their patio, with beer specials and give-aways to the first 50 people . -She expressed support for the bike lanes on Pierce Street. APPROVAL OF THE AGENDA Motion by Councilmember Langworthy to remove Item 8 (Sponsorship for the Farmers 5000) from the agenda; seconded by Councilmember Fitzgerald . There was discussion. Motion carried 6-2, with Councilmembers Urban and DiTullio voting no . City Council Minutes June 23, 2014 Page 3 PUBLIC HEARING AND ORDINANCES ON SECOND READING ..L Council Bill No. 05-2014-amending Sections 11-305, 11-416 and 26-204 of the Wheat Ridge Code of Laws to Prohibit the location of Medical Marijuana-Infused Products Manufacturers and Retail Marijuana Products Manufacturers in the C-1 Zone District; to impose distance requirements between such Manufacturers and certain specified Land Uses; to harmonize other distance requirements for Retail and Medical Marijuana Establishments; and repealing the Temporary Moratorium of all City action relating to new Medical Marijuana-Infused Products Manufacturers and Retail Marijuana Products Manufacturers ' applications Councilmember DiTullio introduced Council Bill No. 05-2014 . This ordinance sets separation requirements for medical marijuana-infused products manufacturers (MIP's) and retail marijuana products manufacturers. These requirements mirror the requirements that already exist for medical and retail marijuana stores that sell to the public. Primary distance restrictions are : • May not locate within 1 ,000 feet of a school, residential child care facility, alcohol or drug treatment facility • May not locate within one-quarter (1/4) mile of any other marijuana product manufacturer Mayor Jay opened the public hearing. Mayor Jay swore in City Attorney Gerald Dahl for the staff report. Mr. Dahl noted the Council has had a number of study sessions on this issue. He summarized how this ordinance incorporates marijuana-infused products manufacturers and retail marijuana products manufacturers into the City's regulatory scheme, primarily by where they are allowed and how they are spaced. He noted: • Medical marijuana-infused products manufacturers and retail marijuana products manufacturers will no longer be allowed in C-1 (Commercial) zone districts . • They can only locate in 1-E (Industrial) zones. • Dual location is permitted . • Distances will be measured 'property line to property line' --similar to the way distances are measured for retail liquor stores Clerk Shaver assigned Ordinance 1550. There were no questions from Council and no one from the public was present to speak . Mayor Jay closed the public hearing. Mayor Jay reopened the public hearing for the purpose of the reading of a letter. City Council Minutes June 23, 2014 Page4 Councilmember Wooden read a letter from residents Kelly and Nora Brooks expressing their grave concern about the addition into the community of yet another temptation for children. They don 't understand rolling out the red carpet for marijuana when our major neighbors are banning it. We will become a go-to destination for marijuana while we're trying to market our City as a great place to raise a family. They urged reassessment of prior decisions and a willingness to make changes -to protect our kids. Mayor Jay closed the public hearing . Motion by Councilmember DiTullio to approve to approve Council Bill No . 05-2014, an ordinance amending sections 11-305, 11-416 and 26-204 of the Wheat Ridge Code of Laws to prohibit the location of medical marijuana-infused products manufacturers and retail marijuana products manufacturers in the C-1 zone district; to impose distance requirements between such manufacturers and certain specified land uses; to harmonize other distance requirements for retail and medical marijuana establishments ; and repealing the temporary moratorium on all City action relating to new medical marijuana-infused products manufacturers and retail marijuana products manufacturers' applications, on second reading, and that it take effect on July 1, 2014; seconded by Councilmember Davis. Councilmembers gave their opinions about the ordinance. Motion carried 7-1 , with Councilmember Fitzgerald voting no. 2 . Council Bill No. 06-2014-amending Chapters 26 and 11 of the Wheat Ridge Code of Laws by the addition of New Section 26-639 concerning Marijuana and amending paragraph 11-321 (b )(8) concerning applications for Primary Care- Giver Licenses Councilmember Starker introduced Council Bill No. 05-2014 . This ordinance adopts various safety-oriented restrictions on the cultivation, drying, processing and manufacturing of marijuana in residential dwellings ; prohibits personal "grows" on commercial properties without proper licensing; and requires primary care- givers to acknowledge these restrictions on their license applications. Mayor Jay opened the public hearing. Clerk Shaver assigned Ordinance 1551 . Mayor Jay swore in City Attorney Gerald Dahl for the staff report. Mr. Dahl explained these are legitimate restrictions that can be placed on personal grows for public safety purposes. The personal grow aspect of the marijuana industry is City Council Minutes June 23, 2014 Page 5 not highly regulated by the state. Notable among the restrictions are the prohibition of the use of compressed gas and the prohibition of personal grows in commercial zones. Council questions followed . The penalty phase was discussed , during which Chief Brennan noted that the level of charges will be based on the circumstances of the infraction. There was no public comment. Mayor Jay closed the public hearing . Motion by Councilmember Starker to approve to approve Council Bill No. 06-2014, an ordinance amending Chapters 26 and 11 of the Wheat Ridge Code of Laws by the addition of new section 26-639 concerning marijuana and amending paragraph 11- 321 (b )(8) concerning applications for primary care-giver licenses, on second reading , and that it take effect upon final adoption and signature of the Mayor; seconded by Councilmember DiTullio; carried 8-0 ORDINANCES ON FIRST READING 3. Council Bill No. 08-2014-amending the Wheat Ridge Code of Laws concerning the keeping of Dwarf Goats Councilmember Langworthy introduced Council Bill No. 08-2014. • • • • • • Dwarf goats to be allowed under large and small animal codes Lots with less than 9,000 sq ft of open lot area are limited to three goats . Un-neutered male goats will not be allowed . Restrictions for shelter structures are similar to those for other small animal and poultry structures. For lots larger than 9 ,000sq ft six dwarfs goats equal one horse equivalent unit. Requires 130 sq ft of permeable area per goat. Motion by Councilmember Langworthy to approve Council Bill No . 08-2014, an ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats, on first reading , order it published, public hearing set for Monday, July 14, 2014 at 7:00 p .m. in City Council Chambers , and that it take effect 15 days after final publication ; seconded by Councilmember DiTullio ; carried 8-0 DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution 36-2014-approving Hopper Hollow Park as the name for the new park located at 44th Ave. and Kendall St. City Council Minutes June 23, 2014 Page 6 Councilmember Urban introduced Resolution No. 36-2014. The name Hopper Hollow Park bears tribute to grasshoppers and was submitted by Susie Seeds . Mr. Dahl explained a procedural amendment to the motion that is recommended. The park-naming process is for existing parks. Since this is a new park , Mr. Dahl recommended an amendment to that policy so that no further action items will be necessary. As to which category the new name satisfies (event, person , donor or place name), Joyce Manwaring explained it is a place name -representing the character of the park. Motion by Councilmember Urban to approve Resolution No . 36-2014, a resolution approving Hopper Hollow Park as the name for the new park located at 44th Avenue and Kendall Street, and amending to the City's park naming policy accordingly; seconded by Councilmember Wooden; carried 8-0 5. Motion to approve payment to Kendra Fleischman in the amount of $29 ,000 for the purchase of TRUTH . a bronze sculpture for the new park at 44th Avenue and Kendall St. Councilmember Davis introduced Agenda Item #5. Diane Robb (WR), chairman of the Cultural Commission , gave details about the direct purchase selection process that was used in this case . The sculpture is a limited edition piece that is one of five , and the only one in Colorado. Questions from Counci l followed . Monies form our Open Space Fund will be used , not City public art funds. The 6 foot tall sculpture will be put on a pedestal so that it stands 10 feet tall. It w ill be located near 44th Avenue to increase visibility . Motion by Councilmember Davis to approve payment to Kendra Fleischman in the amount of $29 ,000 for the purchase of Truth , a bronze sculpture for the new park at 44th Avenue and Kendall Street; seconded by Councilmember DiTullio ; carried 8-0 6 . Resolution 37-2014-amending the Fiscal Year 2014 Capital Investment Program Budget to reflect the approval of a Supplemental Budget appropriation in the amount of $37,000 for the Pierce Street Bicycle Facilities Improvements Councilmember Starker introduced Resolution No . 37-2014. City Council Minutes June 23, 2014 Page 7 The project will install: • dedicated bike lanes on both sides of Pierce from 26th to 38th, • shared bike/parking lanes on both sides between 38th and 44th, • "sharrows" between 44th and 48th. • signs on 48th to direct bikers to the Clear Creek Trail. $63,000 was originally budgeted for this project. Based on direction from Council the costs for striping and signs were refined . Staff is confident the additional $37,000 will be adequate to complete the project. It was noted that on-street parking is preserved in most places along the route, with shared bike/park lanes from 38th to 44th. Motion by Councilmember Starker to approve Resolution No. 37-2014-a resolution amending the fiscal year 2014 Capital Investment Program budget to reflect the approval of a supplemental budget appropriation in the amount of $37,000 for the Pierce Street Bicycle Facilities Improvements; seconded by Councilmember DiTullio; carried 8-0 7 . Motion to award ITB-14-13, 2014 Overlay Project Base Bid and Bid Alternates 1, 4 and 5, to Martin Marietta Materials, Westminster, CO, in the amount of $1 ,120,836.10 . with a contingency amount of $50,000 and authorization for the Director of Public Works to issue Change Orders up to a total contract and contingency amount of $1,170,836.10 Councilmember Pond introduced Agenda Item # 7 Scott Brink gave the staff presentation. The contract includes: • Asphalt overlays for various local streets (almost $1M of the total) • Selected Alternate Bids to obtain competitive pricing (1) drainage channel improvements at the Rec Center (2) pavement striping on Pierce for the new bike lanes (3) speed bump installation on eligible streets per the NTMP program Discussion and questions followed. Motion by Councilmember Pond to award ITB-14-13, 2014 Overlay Project Base Bid and Bid Alternates 1, 4 and 5, to Martin Marietta Materials, Westminster, CO, in the amount of $1,120,836.10, with a contingency amount of $50,000 and authorization for the Director of Public Works to issue change orders up to a total contract and contingency amount of $1,170,836.1 0; seconded by Councilmember Starker; carried 8-0 City Council Minutes June 23, 2014 Page 8 8 . Resolution 38-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation for the purpose of sponsoring the 2014 Wheat Ridge High School Farmers 5000 CITY MANAGER'S MATTERS Mr. Goff reminded Council of the Special Study Session Wednesday at 6:30 to discuss the results of the phone poll. -He announced the District Meetings for the public on Monday, June 30. The District I & II meeting will be at City hall. The District Ill and IV meeting is at the Rec Center. The meetings are at 6:30. -He reminded all that the July yth City Council Study Session is cancelled. CITY ATTORNEY'S MATTERS CITY CLERK'S MATTERS Clerk Shaver reminded everyone tomorrow is the last day to vote in the Primary Election and folks can drop their ballots off in the drop box in the entrance lane at City Hall. ELECTED OFFICIALS' MATTERS Mayor Jay announced the recent passing of Ken Siler, former Councilman for District II from 1993-2000. He will be buried with military honors at Fort Logan Cemetery . He will be missed. Kristi Davis gave details about the upcoming Garden Tour this Saturday. Information will be on the City website tomorrow. -She wanted to celebrate the increased funding for the Farmer 5000 . It will increase the City's contribution by 150% (about 10% of the total revenue they netted in the previous year) and all come from outreach funds, not with a budget appropriation . Zachary Urban reminded everyone to come to the parish festival at Sts. Peter & Paul this weekend-Friday, Saturday and Sunday. It's a community event with live music and local food. Everyone is welcome. Bud Starker expressed thanks to all for the Criterium race; there was a lot of enthusiasm and he thinks it was a great event. -Due to a recent public safety incident at 29 1h & Chase there will be a meeting this Thursday at 6:30pm at Ye Olde Firehouse . The Police Department will be there to talk about public safety issues . Jerry DiTullio commented on the donations for the Farmer 5000. -He offered condolences to Ken Siler's family . He served on Council with him. Ken was an active member of DRCOG and active when the Rec Center was passed .. -He distributed City Council Minutes June 23, 2014 Page 9 fliers to Council for the public safety meeting Mr. Starker mentioned, and for the 4th of July parade being sponsored by neighbors in District I. The parade will be on 35th Avenue starting at 10:30 at the Adult Center, ending at Panorama Park and followed by a BBQ pot luck. Anyone can come . He thanked the ladies who designed the flier for the parade . George Pond spoke on the success of the bike lanes on Pierce Street. Tim Fitzgerald said he was happy about moving forward with the bike path. Tracy Langworthy reminded people that there are kids out there . Keep an eye out. Genevieve Wooden thanked the volunteers and the WRPD for their work on the Criterium. Mayor Jay thanked WR Cyclery for all their contributions to the Criterium . The City Council Meeting adjourned at 8:33pm. Janelle Shaver, City Clerk APPROVED BY CITY COUNCIL ON July 14, 2014 BY A VOTE OF __ to __ Kristi Davis, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e . they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions . ~~A~ .., ~ r City of • ?WheatRi_dge ITEMNO:__L DATE: July 14 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 08-2014 AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE KEEPING OF DWARF GOATS D PUBLIC HEARING D BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING (06/23/2014) [gi ORDINANCES FOR 2N° READING (07/14/2014) YES Some homeowners in the City have recently raised questions about the permissibility of dwarf goats on residential properties in the City. The City's large animal regulations (Sec. 26-605) currently regulate full size goats; but no distinction is made for dwarf goats, which are considerably smaller. The City's small animal regulations (Sec. 26-606) reference rabbits , chinchillas and various fowl and poultry, but nothing similar to a goat. A property owner located in eastern Wheat Ridge has expressed an interest in keeping dwarf goats on her property. Dwarf goats are not specifically referenced in any section of the Municipal Code. Based on limited research (refer to attached handout), it appears dwarf goats are generally between 40 and 60 pounds, so substantially smaller than a regular goat which averages approximately 150 pounds. They have become increasing popular both as pets and as sources of dairy and dairy related products. Based on the above described small and large animal code sections it has been determined that dwarf goats are most similar to goats and therefore subject to the City's large animal regulations. The property in question is not of sufficient size to meet the threshold of 9 ,000 square foot of open lot area as is required to keep any large animals. This determination has caused the property owner to request the City consider code amendments to allow the keeping of dwarf goats in more circumstances than are allowed under current large animal regulations. Council Action Form July 14 , 2014 Page 2 PRIOR ACTION: The issue was forwarded to the City's Animal Welfare and Control Commission (A WCC) at their March 18, 2014 meeting. Staff prepared a memo outlining several options for how the code could be amended to be more permissive toward the keeping of dwarf goats. With input from the A WCC, planning staff presented the policy issue and a recommended approach to City Council for consideration at their May 5 study session. City Council was generally supportive ofbeing more permissive and directed staff to prepare an ordinance for consideration. Amendments to Chapter 26 (Zoning and Development) require review and approval by the Planning Commission and City Council as ordinances and are subject to public hearings. The Planning Commission public hearing was held on June 19 and they forwarded a recommendation of approval of the ordinance by a vote of 5-l . The Planning Commission did not recommend any changes from what was presented to City Council at first reading. Planning Commission minutes are attached for reference . FINANCIAL IMPACT: No significant direct financial impact to the City is anticipated . Some homeowners may find this to be a cost effective means of ha ving access to fresh dairy products. BACKGROUND: The City's zoning code (Chapter 26 of the Municipal Code) regulates the keeping of animal s in residential area s in three principle code sections: 1) 26-204 , Zone District Use Schedule ; 2) 26- 605 , Large Animals ; and 3) 26-606 , Small Animal s and Poultry. Section 26-204. P ermitt ed and accessory uses. Household pets are permitted and limited to no more than 3 dogs and 4 cats and their un-weaned offspring. No other detailed regulations are provided in the zoning code. Section 2 6-605. Large animals. Large animals are described as horses , cows , llamas , sheep , goats and similar animals. They are allowed on re s identially zoned lots , with certain minimum open lot area requirements , fencing standard s, wa ste control measures and building setbacks. The keeping oflarge animals is generally not allowed in the front yard of a residential property. Large animals are regulated based on size, such that one horse is the control measure, referred to as a "horse equivalent unit." Smaller large animals are defined based on how many horse equivalent units (HEU) they equate to: 2 llamas equals 1 HEU , 4 alpacas equals 1 HEU , 4 sheep equals 1 HEU and 4 goats equals 1 HEU. A property must have a minimum "open lot area" of9,000 square feet for the first HEU and 6 ,000 square feet for each additional HEU. "Open lot area" excludes portions of a lot covered by structures , carports and patios. Under these regulations , in order to keep goats , a property would need to have a minimum of9,000 square feet of open lot area , which would allow for 4 goats. The 9 ,000 square foot standard is a minimum threshold and is not divisible for a scenario where one were to proposed something less than a full HEU . Stated another way, a property would not Council Action Form July 14 ,2014 Page 3 be allowed to have two goats with only 4 ,500 square feet of minimum open lot area under the current code. Section 26-606. Small animals and poultry. The private keeping of small animals, such as rabbits and chinchillas , or poultry, such as chickens, ducks , geese, pheasants or pigeons is allowed , with no specific restriction on the number of animals , subject to various performance requirements. There is no minimum lot size standard or threshold. Poultry houses and pigeon coups shall not exceed 400 square feet of floor area nor 12 feet in height. Hutches shall not exceed 100 square feet and a maximum of two floors. All structures housing animals shall be located outside of the front yard , set back 15 feet from side and rear property lines and not closer than 30 feet from a primary structure on an adjacent property. Animal waste must be controlled so as not to become a nuisance. RECOMMENDATIONS: Staff is recommending that the small and large animal regulations be amended to accommodate dwarf goats. This approach will I) rely on existing regulations as they pertain to the location of certain structures and enclosures ; and 2) create some additional minor regulations that specifically address the unique circumstances of housing dwarf goats . Thus far , this approach has been supported by the A WCC and the Planning Commission. Staff believes the code amendment is consistent with previous policy direction from elected officials and is generally supportive of urban agriculture in the community. Staff recommends amendment of the ordinance to regulate dwarf goats in the following manners: • Dwarf goats would be allowed , with conditions, under both the large and small animal sections of the zoning code. • For smaller lots (those having less than 9 ,000 square feet of open lot area), the maximum number of dwarf goats would be limited to not more than three , plus their un-weaned offspring. This is in line with the existing limitations for dogs , and given their similarity in size, the number seems logical. • Based on both odor and the size of the animal , un-neutered male goats would not be allowed. • Restrict the location of any structures providing shelter or sleeping quarters to the same 15-and 30-foot restrictions that apply to other small animal and poultry structures. • For larger lots that can meet the 9 ,000 square-foot threshold for large animals , an HEU would be created for dwarf goats. Based on input from City Council , staff proposes six dwarf goats would equate to one HEU. • Each goat must have 130 square feet of permeable area on the property. RECOMMENDED MOTION: "I move to approve Council Bill No. 08-2014 , an ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats and that it take effect 15 days after final publication." Council Action Fonn July 14 , 2014 Page4 Or, "I move to postpone indefinitely Council Bill 08-2014 an ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats, for the following reason(s) , REPORT PREPARED BY; Kenneth Johnstone, AICP , Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Proposed ordinance 2. Planning Commission minutes 3. Tutorial prepared by Sundari Kraft CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCILMEMBER LANGWORTHY COUNCIL BILL NO. 08 ORDINANCE NO. __ _ Series 2014 TITLE: AN ORDINANCE AMENDING THE WHEAT RIDGE CODE OF LAWS CONCERNING THE KEEPING OF DWARF GOATS WHEREAS, the Wheat Ridge City Council has authority under Article XX of the Colorado Constitution, the City's Home Rule Charter and C.R.S. 31-23-101; et seq. to enact ordinances for preservation and promotion of the public health, safety and welfare; and WHEREAS, in the exercise of this authority, the Council has previously adopted Sections 26-605 and 26-606 of the Wheat Ridge Code of Laws, concerning large and small animals and poultry; and WHEREAS, the Planning Commission has reviewed and favorably recommended amendments to the Code of Laws concerning dwarf goats; and WHEREAS, the City Council finds the proposed amendments are appropriate and further the public health, safety and welfare. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Sec. 26-605 A and G of the Wheat Ridge Code of Laws, concerning large animals, are amended to read: Private stables for the keeping of large animals such as horses, cows, llamas, sheep, goats and similar animals shall meet the following requirements. This section shall not apply to conforming lots in the A-1 or A-2 districts: A. Minimum open lot area shall be nine thousand (9,000) square feet for the first horse equivalent unit and an additional six thousand (6,000) square feet for each additional horse equivalent unit. For the purposes of this section, "open lot area" means a portion of lot excluding area covered by a main structure and attached carports or patios, and excluding detached garages. There shall be no more than four ( 4) horse equivalent units per acre except that offspring of animals on the property may be kept until weaned. One (1) horse equivalent equals one (1) horse, one (1) cow, two (2) llamas, two (2) burros, four (4) alpacas, four (4) sheep, four (4) goats, SIX (6) DWARF GOATS or two (2) ponies .... B .... Attachment 1 G . Any keeping of animals made nonconforming by the passage of Ordinance No. 1165, Series of 1999, OR OF ORDINANCE , SERIES 2014 shall constitute a legal nonconforming keeping of animals. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Upon sale of a property, the minimum requirements of section 26-605 shall be met or the keeping of animals must cease. For the purposes of this subsection G., periodic removal for the purposes of pasturing shall not constitute discontinuance of use. Section 2. Sec. 26-606 of the Wheat Ridge Code of Laws concerning small animals and poultry, is amended to read: The private keeping of small animals, such as DWARF GOATS, rabbits and chinchillas, or poultry, such as chickens , ducks, geese, pheasants or pigeons , shall be subject to the following requirements. This section shall not apply to conforming lots in the A-1 or A-2 districts. A EXCEPT WHEN IN COMPLIANCE WITH SECTION 26-605 (LARGE ANIMALS), DWARF GOATS SHALL BE LIMITED TO A MAXIMUM OF THREE (3) PER RESIDENTIAL DWELLING UNIT, PLUS THEIR UN- WEANED OFFSPRING AND PROVIDED NO UN-NEUTERED MALE DWARF GOATS SHALL BE ALLOWED. FOR EACH DWARF GOAT, A MINIMUM OF 130 SQUARE FEET OF PERMEABLE LOT AREA SHALL BE PROVIDED IN THE SIDE OR REAR YARD. B . Poultry houses and pigeon coops, or the portions of THESE AND OTHER structures used to house OR PROVIDE SHELTER FOR SMALL animals, shall not exceed four hundred (400) square feet of ground floor area nor twelve ( 12) feet in height. c . Hutches for small animals shall not exceed one hundred (1 00) square feet of ground floor area with a maximum of two (2) floors or levels . D. Maximum ground floor areas for small animals or poultry set forth above may be increased by fifty (50) percent for each acre in addition to the minimum lot size for the zone district. E. All houses, coops, hutches or portions of THESE AND OTHER structures housing OR PROVIDING SHELTER FOR SMALL animals shall be located other than in a front yard, shall be set back at least fifteen (15) feet from side and rear property lines , and shall be no closer than thirty (30) feet from a residence or other main structure on an adjacent property. F . The accumulation of animal waste to the extent that such becomes a nuisance to surrounding properties is prohibi~ed, as regulated by chapter 15 of this Code of Laws . G. The legal, nonconforming keeping of such animals may be continued so long as such keeping of animals remains otherwise lawful; except where such keeping of animals is discontinued for a period of sixty (60) consecutive days or more, then said keeping of animals must conform to the provisions hereof or must cease. Section 3. Section 26-119 of the Wheat Ridge Code of Laws is amended by the addition of the following definition, in proper alphabetical order: Dwarf Goats. Dwarf goats generally weigh between 40 and 75 pounds and include breeds known commonly as Nigerian Dwarf and African Pygmy. Section 4. Section 26-204 of the Wheat Ridge Code of Laws, entitled Residential Use Chart is amended by the addition of the following entry for "Large and Small Animals" to read: Accessory Uses for Notes Residential Districts Large and Small Animals See 26-605 and 26-606 Section 5. Effective date. Pursuant to Charter Section 15.11 , this Ordinance shall take effect upon effect fifteen (15) days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 23rd day of June , 2014 , ordered it published with Public Hearing and consideration on final passage set for Monday, July 14th, 2014 at 7:00 p.m ., in the Council Chambers , 7500 West 29t h Avenue , Wheat Ridge , Colorado and that it takes effect 15 days after final publication [or whatever Council Bill indicates]. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to _, this day of , 2014. SIGNED by the Mayor on this __ day of _____ , 2014 . Joyce Jay, Mayor ATTEST : Janelle Shaver, City Clerk Approved as to Form Gerald E. Dahl , City Attorney First publication: June 26, 2014 Second publication: Wheat Ridge Transcript Effective Date: B. Case No. ZOA-14-03: An ordinance amending the Wheat Ridge Code of Laws concerning the keeping of dwarf goats. Mr. Johnstone presented the case. He reviewed the Planning Commission Legislative Item Staff Report. He explained that dwarf goats are not explicitly addressed in the existing code pertaining to domestic animals or other small animals . Because of the silence in the code, staff recently had occasion to view the code applicability and determine that under existing regulations , dwarf goats would be classified under our large animal regulations , and as such, generally only allowed on fairly large residential lots , a minority of the residential lots in the City. The policy question is whether we should be more permissive on smaller lots . Specific provisions are included in the staff report. He stated the Planning Commission is required to hold a public hearing and make a recommendation to City Council on all amendments to Chapter 26. Commissioner OHM inquired about enforcing noise impacts. Mr. Johnstone replied that would be a nuisance issue that Code Enforcement would enforce. Commissioner TIMMS inquired about the purpose of the City 's Welfare and Control Commission. Mr. Johnstone stated it is an advisory board with a limited regulatory role in making recommendations on the harboring of wild animals. They can issue licenses for exotic animals for a certain period of time. They have a role in reviewing kennel licenses. They are appointed by Council. Commissioner TIMMS asked if the e was any discussion that the zoning code is the best place for animal regulations versus other chapters in the code. Mr. Johnstone stated no. Commissioner TIMMS stated the staff proposal is to allow three dwarf goats per residential lot. If so eone wanted to have our dwarf goats would they go to the Board of Ad"ustm nt for a variance? Mr. Johnstone stated that would be a use variance which the Board of djustment does not have jurisdiction to approve. More than three dwarf goats would be rev.·ewed un er the large animal regulations with requires a larger parcel. Commissioner TIMMS asked about HOA's . He stated the City would still allow the use but the H A could still upersede with a prohibition. Mr. Johnstone concurred. Commissione IMMS asked what cons were found in the research associate with dwarf goats. Mr. Johnstone stated there were none found. There is a little bit of a noise impact. Open lot area is nee<led for space to utilize and for grazing. They are not dissimilar than a dog of the same size. Commissioner DORSEY asked if licensing and immunizations will be required. Mr. Johnstone replied no. Commissioner WEAVER asked if the Animal Welfare Commission meetings are closed to the public. Mr. Johnstone stated not to his knowledge. She stated there are no regulations for how animals are sheltered. That is up to the owner. She stated the only Attachment 2 reason that dogs are licensed is because of rabies. Goats can carry some diseases but they are among goats only. She stated she is a large goat owner. Nubian goats are typically bigger goats and are very loud. Dwarf goats tend to be quieter than dogs . Commissioner BRINKMAN asked if Code Enforcement would be notified ifthis passes. Mr. Johnstone stated yes , staffhas been working with Code Enforcement on this case. Commissioner DORSEY asked if there would be enough yard space on a multi-family property. Mr. Johnstone stated some larger multi-family properties with a property owner who is inclined to make a goat area available on the property for use by the tenants would be permitted if the requirements were met. Many multi-family properties catmot meet the requirements for setbacks , open lot area , etc. Commissioner DORSEY asked if code enforcement would be handling any issues. Mr. Johnstone stated yes. Commissioner OHM asked if the fencmg standards in Section 605 would apply to goats. Mr. Johnstone stated yes. Commissioner OHM asked if there are fencing standards in 606. Mr. Johnstone stated to the extent of height and construction. Commissioner BRINKMAN opened the public hearing. Melissa Saynourath 4085 Depew St. Ms . Saynourath stated she has raised dwarf goats for the past three years in Wheat Ridge. She has received numerous compliments from neighbors about how quiet the goats are. Sundari Kraft 3495 Ames St. Ms. Kraft spoke in support of amending the City Code to allow the keeping of dwarf goats. There was some discussion on the different types of goats. Chair BRINKMAN closed the public hearing. It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to recommend approval of the proposed ordinance amending various sections of Chapter 26 of the Wheat Ridge code of laws, concerning the keeping of dwarf goats. Commissioner WEAVER stated there many people are coming to Wheat Ridge who are excited about the openness to urban agriculture and food production. Code enforcement does a good job in enforcing applicable restrictions. Motion carried 5-1 with Commission DORSEY voting no. Dwarf Dairy Goats in Wheat Ridge Prepared by Sundari Kraft Author, "The Complete Idiot's Guide ·to Urban Homesteading" Founding Co-Ohait-, Denver Sustainable Food Policy Council Founder M.d Owner, Heirloom Gardens LLC Founder and Organizer, Sustainable Food Denver Backyard Goat Keeping Instructor, Denver Botanic Gardens www .eatWhereU live.com info@eatwhereUlive.com This .is a draft proposaL Qttesliom and RIJIIed.sfor additio111llinformation ore we/tome. irifo@et~hPherrUiive.rom Attachment 3 Summary of the Proposal Urban homesteaders across the country are raising backya.I'd dwarf dairy goa~ in growing numbers. Small in size (milking does weigh 50-60 pounds) and ,easy to manage, dwarf goa~ can be a source of healthy and affordable milk for families. Wheat Riqge should add dwarf goats to the list of "Small Animals and Poultry" that are currently allowed in the ,city, with reasonable guidelines regarding the size and placement of the animals' structure. Current Laws Wheat Ridge currently requires 9,000sf of open space in order to have a horse, and 4 full-size goats are the equivalent of a horse. The rules do not make any distinction between a dwarf goat (50-60 pounds) and a full -size goat (150 pounds). !In addition, a cesident who only wants to keep 2 goats is not allowed to "split the horse" (so to speak) and hav,e 2 goats with only 4,500sf of open space. 9,000sf of open space is not a reasonable requirement for an utban homestead er, nor is it a necessary amount of space in order to safe'ly raise dwarf goats. The category of "Small Animals and Poultry'' currently includes •things like farm birds (duck. goose, swan, and poultry) and domes•tic rabbits. Pouitqr houses or chicken 'coops must be smaller than 400sf and shorter than 12 feet tall. The structwe ·cannot be kept in ·the front yard, and must be at least 15 feet away from the property lines and more than 30 feet ifcom a residence or main structure on an adjacent property. About Dwarf Goats The term "dwarf goats" can be applied to two ·disrtinctive breeds of goats: Nigerian Dwarf and African Pygmy. Nigerian Dwarf goats are most commonly raised as dairy goats. They are 17-19 inches tall (measured at the shoulder). Adult females weigh around S'0-'6'0 pounds, and adult males weigh around 75 pounds. These goats are approximately as big as a medium-size dog. A Nigerian Dwarf d oe can produce about a quart of milk per day. Males <that are ,castrated (called "wethers') are often kept as pets. These goats eat primarily hay, although they .also tenjO}' v,egetarian food scraps, weeds, and most gru:den waste. Goat droppings can ,be safely added to gardeNs or compost piles. Nigerian Dwarf goats can be easily transported in the back of a ,cu. and ~they ,enjoy hiking in the mountains on a leash. African Pygmy goats are similar to Nigerian Dwarf goats m many ways, although they are typK:ally not milked and kept only as pets. TI1ey ace smaller in size --just t 5 -17 inches high at the shoulder and weighing 40-50 pounds. Both Nigerian Dwarf and African Pygmy goats are distincdy different in size compared to full-size goats, which generally weigh around 150 pounds. Be nefits of Dwarf D airy Goats • Economic: Dwarf goats can provide affordable, healthy milk for families. Goat milk can be used to make cheeses (both soft and bard), yogurt, and ice cream. Although raising goats requires a small initial investment, over the long teem goats can save a family money on dairy products (especially when compacing "apples to app'les" in terms of organic, grass -fed miJk, cheese, yogurt, and ice cream). • Health: Dauy produced by animals raised on grass (hay) is higher in conjugated linoleic acid, beta-carotene, and vitamins A and E when compared to dairy produced by animals on a more common grain diet. In addition, goat milk is naturally homogenized and has smaller fat molecules than cow milk. Many people who are lactose -intolerant can comfortably consume goat milk, and it is better tolerated by people with asthma and allergies . • Environmental: There are many reasons to support the keeping of backyard Food- Producing Animals. Each item of food an American consumes travels an average of 1300 miles to reach the plate. I.o the case of dairy, the energy use of transport is increased because the food must be refrigerated . Concentrated Animal Feed Operations (CAFOs), where much of this country's dairy is produced, poUute surface and ground water. CAFOs contribute significantly to greenhouse gases through methane emissions, and release other hazardous gasses into the air. • food Safety & Security: Dairy produced in CAFOs is extremely vulnerable to food -bome bacteria. Backyard Food-Producing Animals can provide a relatively secure source of protein for families. An overwhelming percentage of the food Colorad ans consume is produced outside of Colorado. Food-Producing Animals can help to reduce our dependence on outside food sources. Keeping Backyard Dwarf Dairy Goats • Shelter: Dwarf goats need to have access to a shelter. Best practice wouJd be a shelter that provides at least 15sf of space per goat. • Open space: Dwarf goats can live comfortably in many back yard spaoes. Best practice is at least 130sf o f open space pee goat. • fencin~ A 4-foot fence is generally adequate to keep a dwarf goat secure. • ~ Dwarf goats should eat primarily bay, which is available at several focal feed stores. Grain can be given in small amounts as a supp'lement. In addition, dwarf goats can eat most vegetarian food scraps and most garden waste, although care should be taken to avoid a few harmful foods. Dwarf goats should be .given consistent access to water. • Milkio~ Lactating does can be miJked once or twice a day. It is not necessary to milk at the exact same time every day, but relative consistency is helpful both for the comfort of the goat and for stability of milk production. • Milk &oduction: Nigerian Dwarfgoats can produce around 1 quart of milk pee day. • Veterigacy Care: There are veterinarians in Highlands (Denver), Golden, and Genessee who see goats. Goats in Colorado should receive a CD-T vaccination once per year. lbis vaccine is to protect goats from enterotoxemia and tetanus, neither of which can lbe transmitted to humans. • Socialization: Goats are social creatures and can become extremely stressed if they are alone. It is not advisable to keep only one goat; goat owners should always have two (or more). Dwarf Goats in Other Cities Please see the attached chart (#1 ). Denver passed a new Food-PC<oducing Animals ordirutnce in 2011, and the chart reflects the rules of that ordinance. The !nfo rmatioo on other c!ties was gathered by the team in Denver tasked with doing reseat:ch in dle process o f developing the ordinance, and reflects the other cities' ordinances as of earl y 201 t. A Wheat Ridge Solution The attached d1art (#2) details the d.iffereo(les between dle chicken mJes in Denver and \'V'heat Ridge. Although Denver is our neighbor, ·their smaUer 'lot sizes and concentrated population lends itself to more highly regulated animal ordinances. Wheat Ridge's mo11e ·re:lax.ed chicken rules have given its residents the flexibility to raise chickens in whatever w:a y best fits their situation, wlllle setting structure guidelines to ensure that chicken mops do no.t interfere with a neighbor's ability to enjoy their property. In addition, Wheat Ridge's laws C!egardin,g ani.ma1noise, odor, nuisance, and abuse help ensure that chickens are being cared for appropriately. In that spirit, it is logical to keep things simple .and siJlleamlined when allowing Wheat Ridge .residents to legally raise backyard dwarf dairy goats. Iodu.ding dwacf dairy goats m t!he list of "Small Animals and Poultry" will set reasonable rules regarding the size .and placement of the goats' structure, while maintaining consistency with the relative freedom allowed by \Vihe-at Ridge's other animaJ policies. A 55 pound dwarf goat is closer in size to .a chicken (6 pou.nds) lthao it is 1to a ,fuJJ -size goa>t (1 SO pounds), and also smaUer in size than many d~ that .are awrea d y ~ept m back yards. Dwarf Goats in Other Cities Cbart#l Number of Min. City Dtnllrf Square Feet Fencing Min. Lot Shelter Size Shelter Licensing Use-By-Notes Goet& S ize Location Rjgbt A lowed OpenSpke Seattle 3 None None None None specified None specified No Yes 4 dwarf goats allowed on specified specified specified lots in excess of 20,000sf Animal None specified Must be 15ft Ponland 3 None cannot roam None (must be in from neighbors' No Yes Can get a permit for 4+ specified at large specified good condition, ~sidences dwarf goats etc) Chicago Not None None None None specified None specified No Yes Not expressly regulated if specified specified specified specified kept OS pets Yard must be New York City Not None fenced to keep None None specified None specified No Yes specified specified animals from specified roaming 2, plus any Must be 15ft One-time license of $25, number of their 130sfper Adequate to None At least 15 sf from neighbors' no pre-inspection, license Denver offspring up dwarf goat contain the specified per dwarf goat residences; Yes Yes does not need to be to6 months animals must be in rear renewed unless resident old 50% of lot moves L__ __ --, ___ -- A Wheat Ridge Solution Chart#2 Although Denver i our neighbor, their maller 101 izes and COIICallnlled population lend itself to more highly regulated animal ordinances. Wheat Ridge' more nelaxed cbidm rules have given its residenl the flexibility to raise chickens in whatever way beSI fits their situation, while seuing tructure guidelines to ensure that chicken coops do not interfere with a neighbor's abilily to enjoy their propeny. Denver show u that dwarf goat can be kept ucoessfuUy in the city. However, Wheat Ridge's solution may DOllie in directly duplicating Denver' ordinatx:e. bul rathtt in incorpor.uing dwarf goal into Wheat Ridge's already uccessfully Food Producing Animals rules (i.e. "Small Animals and Poultry"). Comparison of Backyanl Chicken Rules WIIHt~ Danw Number Allowed Not pecifted 8 Open Space Required Not pecifted 1611 per cbic::tm Nipome sldcr. larJe enough fOF the cbickns 10 walk around eiiCb other; Struclure Size N01 pecifled Daytime ibda: lllge eeou&h fOF the chietens to spead their wings without IOUI:bin& NO! in the front yard: IS fl from Rar .50'1> ollhe lol: IS ft from SUudure Placement 1he ide and rear property lines; !lei~~ 30ft from neighboring re idences Fencing Adequate to contain the animals Mc:qulle 10 CODiain the animal .,.~A, ... ~ .-City of • :rwheat:Rl__dge ITEMNo:L DATE: July 14,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 39-2014 A RESOLUTION ESTABLISHING A STREET WIDTH FOR 38™ A VENUE FROM UPHAM STREET TO MARSHALL STREET IN ACCORDANCE WITH PHASE II DESIGN PLANS PREPARED BY ENTELECHY AND ACCEPTED BY THE CITY COUNCIL ON JUNE 16, 2014 cgj PUBLIC HEARING D BIDS/MOTIONS cgj RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL : D YES Dire ~· ISSUE: City staff is preparing for the next step in the implementation of the 38 1h Avenue Corridor Plan as directed by the City Council at the June 16 , 2014 Study Session. As part of the implementation process , a street width designation is required in accordance with the provisions of the City Charter. PRIOR ACTION: At the June 16 , 2014 Study Session, the Phase II conceptual streetscape design was presented by staff and the project consultant (Entelechy). The consultant's report and discussion included the following: 1. A description of the public process to date , which included several steps completed over the past few years , including the following: block by block meetings , input from the Ridge at 38 Leadership Committee and other stakeholder groups and individuals, and several other public meetings , including an open house on May 14 , 2014 Council Action Form -38th Ave. Street Width Designation July 14 ,2014 Page2 2. Refinement ofthe "Kit-of-Parts," which includes streetscape elements such as planters , benches, lighting, tree grates, and other fixtures 3. Additional layout plans for the expanded geographical area (Pierce Street to Marshall Street) 4 . Review and modification of access points for businesses 5. Updated and refined three-dimensional models and exhibits to provide enhanced visualization and understanding of the proposed improvements 6. Refinement of specific design components such as sidewalks, amenity zones , crosswalks and treatments , bicycle parking, seating and gathering areas, plantings, art, lighting, benches and other amenities , and way-finding signage 7. Refinement of street and lane widths, required prior to engaging in land surveying for final design of construction plans 8. Estimated construction costs for full street reconstruction and streetscape improvements are as follows: $5.3 million from Upham Street to just west of Pierce Street for public improvements , and an additional $0.7 million in private property improvements; and $2.7 million from the Pierce Street intersection to Marshall Street for public improvements, with an additional $0.6 million in private property improvements (these estimated costs include surveying, final design , construction plans and a 30% contingency) 9. An analysis and discussion regardin~ the existing back-in parking 10. An overview of the north side of 38t A venue between Upham Street and High Court known as the Green Council accepted the Phase II conceptual design and directed staff to continue moving forward with the project process . The next steps include proceeding with a street width designation and retaining professional services for survey and design work to begin the process of developing construction plans. City Council actions prior to June 16 1h included the following: 1. Adoption of the 38th Avenue Corridor Plan in October of2011 2. Approval of an interim pilot project of pedestrian amenities and roadway reconfiguration on April 23 , 2012 3. Approval of the acquisition ofbanner poles on March 25 , 2013 4 . Approval of the installation of the banner poles on May 13 , 2013 5. Authorized a contract with Entelechy Design to complete Phase I of the conceptual design for the 3sth Avenue streetscape improvements from Upham Street to Pierce Street on July 8, 2013 6. Approval of Phase I of the streetscape conceptual design on December 16 , 2013 7. At the January 27, 2014 Study Session, Council directed staff to engage the selected consultant and proceed with the second phase of the streetscape conceptual design 8. Authorized a contract on February I 0 , 2014 , with Entelechy Design to complete a Phase II conceptual design for 38th A venue streetscape improvements from Upham Street to Marshall Street and to continue the public engagement process Council Action Form -38 1h Ave . Street Width Designation July 14 , 2014 Page 3 9 . Public informational meeting conducted on May 14, 2014 10. Accepted the Phase II design on June 16 , 2014 , and directed staff to continue moving forward with the project process FINANCIAL IMPACT: There is no direct financial impact in establishing a street width for 38 1h Avenue. However, if the City Council wishes to move forward with survey and design work to begin the process of developing construction plans, a budget appropriation in the amount of$750,000 will be needed by a separate resolution. BACKGROUND: The City and its stakeholders have been working for several years to redevelop 38th A venue between Wadsworth and Sheridan Boulevards as the City's Downtown District (the Main Street between Upham and Pierce). The 38th Avenue Corridor Plan was adopted in October 2011 and provides the framework for revitalizing the street into an attractive focal point for the community. Building on valuable input from stakeholders and the public at large, the plan creates a vision for the future of the street which focuses on transportation , land use, urban design , and economic development. Since the 38th Avenue Corridor Plan's adoption, many of the plan recommendations have been implemented . During the summer of2012, re-striping was implemented as a pilot project to evaluate the impact of reducing most of the corridor from a four or five-lane section to a three- lane section. Parking was added on some portions of the street, along with the placement of several temporary planters and "pop-up" cafes. In October 2012, most of the corridor was rezoned to Mixed Use -Neighborhood , to facilitate redevelopment. In 2013 , street banner systems were installed to facilitate branding and public messaging. As the pilot traffic project moved forward , City staff prepared for the next phase of implementation of the Corridor Plan-the development of the streetscape concept for the Main Street Sub-district, or Phase I, whjch occurred between July and December of2013. This first phase concentrated on creating various streetscape concepts for the corridor from Upham Street to Pierce Street that were in line with the planned vision and the community 's input. Two design alternatives were developed pertairung to the types of furniture, lighting, etc., along with two options for the actual streetscape improvements. Phase II of the project focused on a preferred design direction as identified by the City Council in December of 2013. On January 27 , 2014 , the City Council directed staff to proceed with finalizing a preferred streetscape design that would address the following: 1. Extension of the scope of the streetscape project further east from Pierce Street to Marshall Street 2. Consideration of incorporating a civic space, potentially in the area between Upham Street and High Court, known as the Green. 3. Proceeding with a blend of the two design themes and design alternatives and Council Action Fonn -38 1h Ave. Street Width Designation July 14 , 2014 Page4 maintaining flexibility with the design, including further refining of the street section , accompanying amenities , street furniture, landscaping, public art, and way-finding s1gnage 4. Consideration of options for enhancing bike facilities as part of the streetscape project, including the integration of north/south bike routes in and out of the 38th A venue corridor and programmed bike parking NEXT STEPS Tentative Process and Schedule As a result of the June 16 Study Session discus sion , the City Council accepted the Phase II conceptual design and directed staff to continue moving forward with the project process . Next steps include proceeding with the street width designation and commencing the survey and design work in order to begin developing construction plans. Following is a proposed schedule : 1. June 26 , 2014: Publish notice for street width designation public hearing 2. July 14 , 2014 (Council Regular Meeting): a . Public hearing on street width designation b. Present metrics from spring 2014 data collection and reporting period c. Accept a scope of work and a request for qualifications (RFQ) and authori z e advertising for the purposes of selecting a consultant to commence survey and design work d. Authorize a supplemental budget appropriation for retaining professional services for survey and design work 3. October 13 ,2014: City Council authorizes a design contract to a qualified consultant 4. November 2014 -April , 2015: Develop final design and construction plans 5 . May, 2015: Open bids 6. June/July, 2015: Commence construction Street Width Designation and Process Approval of a revised street width is required in accordance with Section 5.20 of the City Charter. A change or revision to the width of any street has been reviewed in accordance with the City Code, Section 21-3 , as follows: I. Flow line a . The "flow line" defines the width of the street and can be described as the face of curb to face of curb distance. This has been interpreted/understood to include any on-street parking. b . The existing flow line width for 38th A venue within the project boundaries is generally 50 feet or just over in most locations. Per the accepted Phase II streetscape conceptual design , the majority of the proposed width is 35 feet. This width occurs from 230 feet east of High Court to the east end of the project at Marshall Street. Corn1cil Action Form -38th Ave. Street Width Designation July 14, 2014 Page 5 c. The section of 38th Avenue between High Court and 230 feet east of High Court includes parking on one side of the street, so the width would be 41 feet at this location. d. West of High Court to Upham Street proposes parking on both sides of the street, so the width at this location would be 4 7 feet. e. Exceptions to the curb to curb width would include traffic calming (i.e., curb "bump outs") and turn lanes and/or acceleration/deceleration lanes. 2. Street Reconstruction a. Street reconstruction is defined per the City Code as at least 250 feet long and includes the removal of existing pavement, curb, and/or gutter and construction of the same. The overall project, which may be constructed in phases as needed, meets this threshold. 3. Public Hearing Process a. No earlier than one year prior to reconstruction, a public hearing is required to designate a change in street width. b. After the public hearing on July 14, 2014, construction in at least some fashion must therefore occur by July 14, 2015. This has been interpreted by the City Attorney as the issuing of a Notice to Proceed to a contractor who has been awarded a contract through the public bidding process. c. Upon approval of a street width designation at the public hearing, citizens who may wish to protest must follow a procedure per City Charter that involves a petition process. Additional Considerations Should the City Corn1cil adopt a revised street width on July 14, construction must commence within one-year as required by City Code. As a result, a very tight and aggressive schedule would need to be followed in order to meet that timeline, and the commencement of survey and design work would need to begin as soon as possible. Staffhas developed a proposed scope of work and schedule as part of the RFQ to solicit proposals for professional services from qualified consultants as soon as possible. Staff would follow through with evaluations, interviews, contract negotiations, and a recommendation to Council for the retaining of a consultant later this fall. PROJECT METRICS Since the initiation ofthe 381h Avenue project and accompanying public process, the attaining of data (metrics) has been essential in evaluating the impacts of changes made to 38th Avenue, particularly with regard to the road reconfiguration (pilot project). Metrics have essentially targeted traffic, bicycle and pedestrian activity, and economic impacts as follows: Traffic Data Since the roadway was reconfigured to a three-lane segment two years ago, staff has collected traffic volume, speed, and overall travel time data every six months. In addition to traffic on 38th A venue itself, data has been collected for other street segments that may potentially be impacted Council Action Fonn -38th Ave. Street Width Designation July 14 , 2014 Page 6 by the changes made to 38th Avenue, such as 32nd Avenue and 44th Avenue. TI1e results of the traffic data and evaluation can be summarized as follows: 1. Overall traffic volumes on 38th Avenue (between Wadsworth and Sheridan) have not shown a discemable change (increase or decrease) over the past two years. While certain collection periods have indicated slight bumps and dips in volume in certain segments, the extremely small percentages of change, combined with the inconsistencies , do not suggest any appreciable volume changes due solely to the roadway configuration itself. 2. Overall average travel times between Wadsworth and Sheridan have indicated a very slight increase according to the data. According to the data , the vast majority of the travel time and delays are at the corridor termini (Wadsworth and Sheridan) where queues and delays from the traffic signals significantly outweigh delay times within the corridor itself. Overall , traffic speeds on 38th A venue have shown a slight decrease as predicted. 3. Overall traffic volumes and impacts to other streets (including 44th Avenue and 32n d Avenue) similarly have not shown a discemable or verifiable change (increase or decrease) over the past two years . While certain collection periods and segments have indicated slight bumps and dips in volume in certain segments , the extremely small percentages in change, combined with the inconsistencies , do not suggest any appreciable volume changes that can be attributed directly to the 38th Avenue re-configuration . For example, the opening of the new Walmart in Lakeside, redevelopment further west in Wheat Ridge , impacts from construction or road work on other streets (in Wheat Ridge or Denver), such as 29th A venue for example, can also influence volume on other streets such as 44th A venue and/or 32n d A venue . Bicycle and Pedestrian Counts Single-day bike and pedestrian counts have been completed at High Court, Pierce Street, Harlan Street, and Benton Street. Bicycle and pedestrian activity has not yet exhibited any consistent trends , with the exception of Harlan Street where weekday pedestrian activity has consistently increased over the past two years. This may be attributable to the new 7-Eleven store at this location . A report and summary of the traffic metrics are attached to this report. Economic Data Economic data for 38th A venue collected over the past several years indicate that overall , the corridor's sales tax revenues have increased each year since 2011. For the first three months of 2014, sales tax revenues increased 6.1% compared to 2013 and 2012 , and 16% over 2011. A report and summary of the economic data are attached to this report. Project Schedule -Additional Comments As previously described and outlined in this report , a very aggressive schedule has been laid out. The aggressiveness of this schedule is due primarily to the City Charter process required for changing the width of a street (including procedures for any protest), and the requirement of commencing construction within one year of the width designation. Council Action Form -38th Ave. Street Width Designation July 14 , 2014 Page 7 If the City moves forward with final design and the preparation of construction plans, a significant amount of time and effort by both the consultant and staff will be needed to meet the less than one-year delivery requirement. Unanticipated issues that could be encountered during the design process, such as underground utilities, right of way/property issues, etc. are all variables that could impact the schedule. In addition, a significant amount of public process and contacts with property owners will be required throughout this process. The project is also anticipated to include significant amounts of work on private property, such as some driveway consolidations, adjustments to parking lots , etc. RECOMMENDATIONS: Staff recommends that Council continue to move forward with the implementation of the 38th A venue Corridor Plan in a timely manner. City Council has several options to consider in complying with the Section 5.20 Street width designation of the City Charter. Option #1 -Council approves the resolution as written and designates the new street widths for 38th Avenue in accordance with the 38th Avenue Phase II design plans Option #2 -Council approves the resolution as written and designates the new street widths for 38th Avenue in accordance with the 38th Avenue Phase II design plans and amends the resolution to submit the street width question to the registered electors of Council Districts One and Two. The resolution would not become effective until approved by the voters on the November 4, 2014 election. Option #3 -Council postpones the resolution and submits the non-binding ballot question to the registered electors of Council Districts One and Two. Council would then reconsider a resolution after the election to designate street widths for 38th A venue. Option #4 -Council postpones resolution and takes no further action RECOMMENDED MOTION(S): Option #1 "I move to approve Resolution No. 39-2014, a resolution establishing a street width for 38th Avenue from Upham Street to Marshall Street in accordance with Phase II design plans prepared by Entelechy and accepted by the City Council on June 16, 2014." Option #2 "I move to approve Resolution No. 39-2014, a resolution establishing a street width for 38th Avenue from Upham Street to Marshall Street in accordance with Phase II design plans prepared by Entelechy and accepted by the City Council on June 16 ,2014 , and I further move that Section 2 of the Resolution be amended to read in its entirety as follows: Section 2. Effective Date; Ballot Question Submitted. This Resolution shall not become effective unless and until approval of a ballot question by the registered electors of the City Council Action Form -38th Ave. Street Width Designation July 14, 2014 Page 8 in City Council Districts One and Two at the November 4, 2014 election, said question being hereby submitted as a referred question pursuant to Charter Section 6.3 and to read as follows: "Shall the street width for 38th Avenue be established at 47 feet from Upham Street to High Court, 41 feet from High Court to 230 feet east of High Court, and 35 feet .from 230 feet east of High Court to Marshall Street in accordance with Phase 11 design plans prepared by Entelechy and accepted by the City Council on June 16, 2014?" Option #3 "I move to postpone indefinitely Resolution No. 39-2014, a resolution establishing a street width for 38 1h A venue from Upham Street to Marshall Street in accordance with Phase II design plans prepared by Entelechy and accepted by the City Council on June 16, 2014 , and submit a non-binding ballot question to the registered electors of the City in City Council Districts One and Two at the November 4 , 2014 election, said question being hereby submitted as a refetTed question pursuant to Charter Section 6.3 and to read as follows "Shall the street width for 38th Avenue be established at 47 feet from Upham Street to High Court, 41 feet from High Court to 230feet east of High Court, and 35feetfrom 230 feet east of High Court to Marshall Street in accordance with Phase !1 design plans prepared by Entelechy and accepted by the City Council on June 16, 2014?" Option #4 "I move to postpone indefinitely Resolution No. 39-2014, a resolution establishing a street width for 38th Avenue from Upham Street to Marshall Street in accordance with Phase II design plans prepared by Entelechy and accepted by the City Council on June 16, 2014 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Ken Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 39-2014 2. Traffic Data 3. Bicycle and Pedestrian Counts 4. Economic Impacts CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39 Series of 2014 TITLE: A RESOLUTION ESTABLISHING A STREET WIDTH FOR 38TH AVENUE FROM UPHAM STREET TO MARSHALL STREET IN ACCORDANCE WITH PHASE II DESIGN PLANS PREPARED BY ENTELECHY AND ACCEPTED BY THE CITY COUNCIL ON JUNE 16,2014 WHEREAS, City Council authorized a contract with Entelechy Design on February 10, 2014 to complete a Phase II conceptual design for 38th Avenue streetscape improvements from Upham Street to Marshall Street; and WHEREAS, City Council accepted the Phase II design on June 16, 2014 and directed staff to proceed forward with the project; and WHEREAS, the Phase II design establishes new street widths on 38th Avenue from Upham Street to Marshall Street; and WHEREAS, City Charter Section 5.20 designates the City Council as the sole authority to determine the width of all city streets within the boundaries of the City of Wheat Ridge; and WHEREAS, within one (1) year prior to construction or reconstruction of a street, the City Council shall hold a public hearing and adopt the new flowline of said street as the street's official street width designation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. New Street Width Designation. Pursuant to the authority vested in it by Charter Section 5.20, the City Council hereby designates street widths for portions of 38th Avenue, as follows: a. 47 feet for that portion of West 38th Avenue located between Upham Street and High Court b. 41 feet for that portion of West 38th Avenue located between High Court and 230 feet east of High Court c. 35 feet for that portion of West 38th Avenue located between 230 feet east of High Court and Marshall Street Section 2. This Resolution shall be effective immediately upon adoption. Attachment 1 DONE AND RESOLVED this 14th day of July , 2014 . Joyce Jay, Mayor ATIEST : Janelle Shaver, City Clerk 2 80 70 60 tl 50 c Gl "a ·e c 0 40 0 z n; .. 0 ~ 30 I 1/ l 20 10 0 .d. ·'' 38th Av~n~~-~~ne .configuration Pr.Oje~t Year Traffic Accidents Review ·'I I ' -~·!I:, •2007 '· •2008 :. .L . •2009 ' i . --•2010 , ... .,: •2011 -2012 2013 Reviewed Period: May.2007 to April 2014 Study Segment: Wadsworth to Sheridan N ., c G) E .c u ftl ., ., c so 45 40 35 I ~ -Posted Speed Limit :; 30 0 ::z::: ... -w/oUpham :. 25 Ill -e/oKendall ~ ~ 20 -e/oChase 15 10 5 0 Pre -chg 6 Mo. Pst 12 Mo. Pst 18 Mo . Pst 24 Mo . Pst 20 ,000 ~ 18 ,000 16 ,000 14,000 12 ,000 > .. 0 ~ .. '; 10,000 .. ~ .<: .. > 8,000 6,000 4,000 2,000 0 Traffic Volumes Comparison w/o Upham e/o Kendall Count Location e/o Chase • Pre-c hg 6 M o . Pst 12 M o . Pst 18 M o . Pst •24 M o . Pst a ~ • :1: ~ 11.7%1 i • a ; W44THAVE I; :IE c :1: .. :I 86% • 32.4 mph ADT•17,879 0412014 1 81% • 44.1 mph ADT•17,688 1 312o12 ~ • II: • .. .. • ~ "-·, I .... \. ............_ 1-27 .2%1 I W31THAVE W35TH A' ......._ W32NDAVE ~ • • u II: • ;: ~ • • u II: • ;: I I I ., 1-7.2% I I 1 / ~ 86% • 38.7 mph ~ .j-ADT•11,111 0312014 ~ 86% •46.1mph ADT •16,717 3/2012 ~ I; z c .. II: ~ I; z i c :1: W44THAVE W41STAVE 1-2.4% I W31THAVE l W35THAVE ' . W32NDAVE CITY OF WHEAT RIDGE TRAFFIC VOLUME AND SPEED DATA MAP Legend c:J CityBoundary w •• s 1 in=600ft ttorizofoMI~WS,-m NA013111:l 5tiHI F'tltM, Cotor.do c.MII Zone OS02 v..-.. o.tuM: NAVDII DISCLAIMER NOTICE · '1'Nil•pidorilll..,....,.....of ......... ~ ir*NMition RtiMct t.IPD" h .::anqo, ,.....,.-If ......,.of .. lnbmlllionil..., .. ,...... ... .....,..,. TheCifroi'NhMt Ridge, in -eo....ty . .,.,... .• __ _ h StiM ol ColofadD , hH OOMpild llw .. UN Gefttin oompt,~enzed ~ Tha HonNiion • ~ to ...... In idef'ltif)WW ,.,. ..... of concem Of'ly The CIOfftiiUIItnrtd ~ l'fcwlded hit'_.. thould Of'ly ..... led .. withcon'CibcntiDftolh..,....,., ............... by·~~ IOUIC'4. TN UMt oft'-lnbiMIIon .._.~end h*frMhCI)'ofWNIIRicttefl'omanr..w .. ...... ~ ........ ----of-=tionhl r--'1 • • cor-..q~ of tW ,...no. on ir*lnMtion -- 7500 v.st 20th Annue -• Ridge, CO 800~1 3032 3<4 .5900 UPDATED· 0&'2112013 Saturday Pedestrian Counts Saturday from llam to 2pm 250 236 200 1SO 100 so 0 High Ct Pierce Harlan• Benton • Spring 2012 Fall 2012 • Spring 2013 • Fall 2013 • Spring 2014 weather: low 70s high 70s mid 50s mid 60s mid 60s Saturday Bicyclist Counts Saturday from llam to 2pm 90 82 80 70 60 so 40 30 20 10 0 High Ct Pierce Harlan• Benton • Spring 2012 Fall 2012 • Spring 2013 • Fall 2013 • Spring 2014 weather: low 70s high 70s mid 50s mid 60s mid 60s Attachment 3 400 350 300 250 200 150 100 50 0 0 High ct• • Spring 2012 weather: 50 to 60o 250 200 150 i 115 100 50 0 0 High ct• • Spring 2012 weather: 50 to 60o Weekday Pedestrian Counts From Gam to 9pm 361 Pierce Harlan• Fall 2012 • Spring 2013 • Fall 2013 • Spring 2014 65 to 85o 50 to 70° 60 to 83o 60 to 72 o Weekday Bicyclist Counts From Gam to 9pm 211 Pierce Harlan• Fall2012 • Spring 2013 • Fall2013 • Spring 2014 65 to 85o 50 to 70o 60 to 83o 60to 72 o Benton • Zero counts indicate that video was not available for thot intersection and date Benton • Zero counts indicate that video was not available for that intersection and date Executive Summary Sales Tax Data, Vacancy Rate, Business Licenses The Ridge at 38 First Quarter-January -March 2014 The following summary reports the sales tax data, vacancy rates and new business license infonnation for The Ridge at 38 as identified as the area from Upham Street to Sheridan Boulevard for the months of January through March of the years 2011 through 2014. Overall Sales Tax Overall, the corridor's sales tax revenues have increased each year since 2011. For the first 3 months of2014, sales tax revenues increased 6.1% compared to 2013 and 2012 , and 16.0% over 2011. 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 an increase in sales tax each year with a 2% compared to 2013, 1% from 2012 and 8.3% when compared to 2011. Tax revenues from Newland to Benton; which incorporates the Neighborhood and a portion of the Commercial Districts of the Plan had a decrease from January through March of .01% compared to 2103 ,4.7% decrease when compared to 2102 , an 10.9% increase over 2011. Sales tax revenues from Benton to Sheridan had a growth in sales tax generation from January to March of2014. Located within the Plan's Commercial District, this section witnessed a 9.3% increase when compared to 2013. That trend continued in 2012 with an 11.2% increase and 20.2% increase compared to 2011. Segmented Sales Tax Overall sales tax generation along The Ridge at 38 broken down into industry segments reflect that from January to March of2014 the Dining, Food , Grocery, Liquor and Entertainment segment of the corridor has increased steadily with a 19.1 %, 22.6% and 32.7% 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 2011. Compared to 2013 , comparable sales tax has increased 14.3% in 2013 , 15.4% in 2012 and 24.9% over 2011. Auto related services also witnessed an increase of 4.3% during the same period in 2014 compared to 2013 . The 2014 revenues are 11 .7% above the revenues generated in 2012 and up 23.8% compared to 2011. Attachment 4 • 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 3.7%, 11.0% and 23.3% increase over the four month period the previous three years. Miscellaneous retail sales indicate a decrease in 2014 compared to 2013 by 37%, with that trend continuing by 40.5% and 35.6% respectively for 2012 and 2011. The large decrease percentage is due to one business that reported zero sales tax in the period. This business has a history of reporting approximately $12,000 during the same period the previous three years. Sales tax division staff is investigating the non-reporting of taxes. Additionally, Wheat Ridge Cyclery and the relocation of The House of Carmel affected the sales tax numbers generated. • When those businesses that have been open for 4-years are extrapolated from the data, sales figures are down in 2014 compared to 2013 by 20.6%, 25.7% from 2012, and 23.7% when compared to 2011. The Wheat Ridge Cyclery sales tax decrease made up the majority of those percentage differences. Vacancy Rate For the properties included in the plan area , there are approximately 172 available spaces for rent, lease or sale. There are currently under 20 available vacant spaces on the Ridge at 38 which equates to approximately an 11% vacancy rate. These include the former Mark's restaurant which recently sold and should be redeveloped. Two of the sites are not currently being marketed and are not for lease or sale at this time. One site, purchased by a new ownership group in 2013, contains five. The Family Thrift Center, which ceased operations in June has been included in this report January-March 2014 2014 2013 2012 2011 Business Name BRADLEY PETROLEUM #22 CASH N COLLECTIBLES LLC CEBICHE AUTHENTIC PERUVIAN DIN FRAN'S CAFE HELM DENTAL AND DENTURE CLINIC POSEY GIRL FLOWERS AND GIFTS PRIMERA AUTO LLC. QUALITY AUTO CARE & TIRES CENTER SAFE VUE AUTO GLASS Newland to Benton BCS CREDIT UNION CHRISTOPHER HOUSE IONS CO. ABOUT SERVICE LLC AMERICAN EAGLE TAX AND ACCOUNTING ALLIANCETEL APPLE MOTORS ASTRONAUT SATELLITE INC lORE ITALIAN SAUSAGE CABINETS NOW CENTRAL TELEVISION SERVICE CO 10 SALON ON THE BLVD LLAGE LIQUORS WEIGHT WATCHERS NORTH AMERICA INC WESTERN ANIMAL CLINIC WHEAT RIDGE LIQUOR Jan -Mar -Total Overall Sales Tax Compared to 2013 Compared to 2012 Compared to 2011 2014 $338,079.51 2013 $318,585.71 6 .1% 2012 2011 $318,545.44 $291,440.54 6.1 % 16 .0 % January-March 2014-Food/Dining/Grocery/liquor/Entertainment Business Name CEBICHE AUTHENTIC PERUVIAN DINING DAIRY QUEEN FRAN 'S CAFE [NUO-tii(S-CAFE ITHE OFFICE BAR & LOUNGE ILIQUIDARTWORKS INC. ITHE RIGI-l_T_fOAST PIZZA co. ITRUE ROOTS FARM , LLC. 17 -ELEVEN STORE #36492A !BELFIORE ITALIAN SAUSAGE ILA FONDA MEXICAN RESTALJ_RANT [MAMA SANNINOS !sUBWAY SANDWICHES# 4615 TANGO RESTAURANT INC. 0 RESTAURANT INC. LLAGE LIQUORS WHEAT RIDGE LIQUOR >GE LIQUOR BBQ KING I NC/SENGATAKI JAPANE SE GRILL DILLON COMPANIES MPANIES HANK'S BILLIARDS 1HANK'S BILLIARDS fll RID IV\I'EIGHT WATCHERS NORTH AMERICA INC I PAPA JOHN'S PIZZA #1458 [ !Totals I Jan -Mar -Total Overall Sales Tax Compared to 2013 Compared to 2012 Compared to 2011 2014 2013 $264,522.39 1 1 $222,104.62 2014 $264,522.39 2013 $222,104.62 19.1% 2012 2011 $215,750.781 I $199,337.521 2012 2011 $215,750.78 $199,337.52 22 .6% 32.7% January-March 2014-Auto Related Business Name WASH NEWBOLD MOTORBIKE SHOP LLC. ADVANCE AUTO PARTS# 6947 APPLE MOTORS Totals Jan -Mar -Total Overall Sales Tax Compared to 2013 Compared to 2012 Compared to 2011 2014 2014 $16,783.89 2013 2013 $16,089.92 4.3 % 2012 2012 $15,031.36 11.7% 2011 2011 $13,556.08 23 .8% January-March 2014-Mise Retail/Service 2014 2013 2012 2011 Business Name 7050 WEST LLC. ANIKIS CRAFT IMPORTS AQUA SALON ASIAN TOUCH MASSAGE INC. BIZARRE HAIR FASHIONS CASH N COLLECTIBLES LLC FARMERS INSURANCE HELM INC & ASSC MITEKK LLC MUCILLI'S SHOES AND REPAIR POSEY GIRL FLOWERS AND GIFTS UNICATIONS COMPLETE ACCOUNTING SOLUTIONS CO . . Z'S PRO SHOP MICROGRAPHIC SUPPLY INC. PARKER ARMS AND GUNSMITHING LTD PUBLICATION DESIGN INC SOARING HEART J PRINTERS COLD NEEDLE TATIOO COMPLETE PRINTING SOLUTIONS IN CUTIING EDGE FRAMING AND GALLERY DARBY'S CABINETS REDFERN CARPETS AND REMNANTS RENT -A-CENTER# 01126 REPTILIAN PARADISE INC. SANDALWOOD MANOR INC. SILVER BULLET SHOOTING RANGE SMILES 4 KIDS, PC BRIGHT EYES VISION CLINIC HANGER P HOUSE 0 Jan -Mar -Total Overall Sales Tax Compared to 2013 Compared to 2012 Compared to 2011 2014 $56,294.61 2013 $76,440.34 37.0% 2012 $82,581.04 40.5% 2011 $79,244.51 35 .6% ALL FOUR YEARS-January-March 2014-Food/Dining/Grocery/Liquor/Entertainment 2014 2013 2012 2011 Business Name WHEAT RIDGE LANES I WEIGHT WATCHERS NO PAPA JOHN'S PIZZA #145 2014 Jan -Mar -Total Overall $248,485.04 Compared to 2013 Compared to 2012 Compared to 2011 2013 $217,397.31 14.3% 2012 2011 $215,363.78 $198,910.38 15 .4% 24.9% ALL FOUR YEARS-January-March 2014-Auto Related 2014 Business Name BAND F TIRE CO . BRADLEY PETROLEUM #22 DAVE'S AUTOMOTIVE SPECIALIST INC. CE AUTO PARTS# 6947 Jan -Mar -Total Overall Sales Tax Compared to 2013 Compared to 2012 Compared to 2011 2014 $16,639.50 2013 2013 $16,053.27 3.7% 2012 2012 $14,984.72 11.0% 2011 2011 $13,490.84 23.3% ALL FOUR YEARS-January-March 2014-Mise Retail/Service 2014 Business Name TREASURE TRUNK US SCREEN AND WINDOW SALES/SERVICE WR CYCLERY CHRISTOPHER HOUSE ABSOLUTELY CABINETS INC. DARBY'S CABINETS EZ MONEY COLORADO INC ORNAMENTAL BEADS LLC RENT -A-CENTER# 01 SANDALWOOD MANOR INC. 2013 2012 2011 [Totals 1 $52,636.531 $66,331.981 $7o,881.o5l $68,974.o4] Jan -Mar -Total Overall Sales Tax Compared to 2013 Compared to 2012 Compared to 2011 2014 $52,636.53 2013 2012 $66,331.98 $70,881.05 20.6% 25 .7% 2011 $68,974.04 23 .7% ... ~·~ ... ~ r City of • :?WheatRi._dge ITEM NO: _a DATE: July 14, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 09-2014 AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7671 W. 32nd AVENUE AND 3299 WADSWORTH BOULEY ARD FROM RESIDENTIAL-TWO (R-2) TO PLANNED RESIDENTIAL DEVELOPMENT (PRD) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ-14-06/GROVE 21) D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS cgj ORDINANCES FOR 1ST READING (7/14/2014) 0 ORDINANCES FOR 2 ND READING (8 /11//2014) YES D NO C;{2~4) ISSUE: The applicant is requesting approval of a zone change from Residential-Two (R-2) to Planned Residential Development (PRD) and for approval of an Outline Development Plan (ODP) for property located at 7671 W. 32"d Avenue and 3299 Wadsworth Boulevard. The proposed rezoning area includes two parcels totaling approximately 3.48 acres. Currently, the subject properties contain abandoned houses. The purpose of the zone change request is to allow for the construction of a single-family neighborhood with 20 small lots. The zone change and ODP approval is the first step in the process for approval of future development on this site. The second step of the process is the Specific Development Plan (SDP) and plat, which will be subject to Planning Commission and/or City Council review and approval. CAF -Rezoning of property at 32"d and Wadsworth July 14 , 2014 Page2 PRIOR ACTION: Planning Commission heard the request at a public hearing on June 19 , 2014 and recommended approval with conditions. The staff report and meeting minutes from the Planning Commission public hearing will be included with the ordinance for second reading. FINANCIAL IMPACT: Fees in the amount of $1,675 were collected for the review and processing of Case No. WZ-14-06. BACKGROUND: The site is located at 7671 W. 32 11d Avenue and 3299 Wadsworth Blvd. Both properties are zoned R-2 and have abandoned homes on them. Subject Property Both of the subject parcels have unusual shapes. They have a combined area of3.48 acres. The propertcf at 7671 W. 32 11d Avenue is long and narrow with about 110 feet of street frontage along W. 32 11 Avenue. The property at 3299 Wadsworth is essentially a flag lot. The main portion of the property is rectangular with the exception of the northern property line which is angled and parallel to the Rocky Mountain Ditch. The southeast comer of the property includes a "pole" portion which extends east to Wadsworth and provides 60 feet of street frontage. Surrounding Land Uses Surrounding properties include a variety of land uses . To the west are parcels zoned R-2 which have single and two-family homes on them. To the southeast at 32 11d and Wadsworth are two multifamily apat1ment complexes zoned Residential-Three (R-3). Immediately to the north , the property is bordered by the Rocky Mountain Ditch ; across which there are additional properties zoned R-2 and R-3 . Finally, to the south across W. 32 11d Avenue is Crown Hill Cemetery which is part of unincorporated Jefferson County and outside the boundaries of the City of Wheat Ridge. Current and Proposed Zoning The property is cun·ently zoned R-2 which allows primarily single or two-family dwellings. The proposed uses on the ODP document will be limited to single family homes , in-home businesses and household pets. There is a restriction included prohibiting RV and boat parking. Detached accessory structures would also not be allowed . The neighborhood design is urban in character and will feature smaller lots with a minimum of 3 ,500 square-feet of area. Side setbacks are proposed to be five feet. Front and rear yards will be modest in size -no more than I 0 feet in depth on the front with a minimum of 15 feet on the rear. The proposed density for the project results in a gross density of 5.75 dwelling units (du 's) per acre. This figure includes street right-of-way. When street right-of-way areas are removed from the calculation, the net density is 8. 73 units per acre. The development gains access from a single cul-de-sac extending north from 32 11d Avenue. CAF -Rezoning of property at 32nd and Wadsworth July 14 ,2014 Page 3 The application has been through the standard referral process and all outside agencies or City departments can serve the property with improvements installed at the developer's expense. A separate referral process will be required as part of the future application for the Specific Development Plan and plat. Guiding Documents When staff reviews a zone change application , there are specific criteria in Section 26-122.E. of the City Code which must be evaluated in regard to the request. One of the criteria is compliance with the City 's guiding documents. In this case, there are three documents which must be considered: the Neighborhood Revitalization Strategy, the Wadsworth Corridor Subarea Plan and the comprehensive plan , Envision Wheat Ridge. The Neighborhood Revitalization Strategy identifies strategies for the City to become a "community of choice." It established goals for Wheat Ridge to be competitive with adjacent jurisdictions by upgrading housing stock, increasing the variety of housing stock available, targeting underutilized properties for redevelopment and redevelopment of the Wadsworth Corridor. The Wadsworth Corridor Subarea Plan provides guidance for the future development and redevelopment of properties along Wadsworth. The subject property is shown as Medium High Density Residential on the edge of Medium Density Residential to the west and Medium High Density Mixed Use to the east. In the description of land use categories , Medium High Density Residential is defined as having 10-21 units per acre , including townhomes, condominiums and apartments . Mediwn Density Residential is defined as 5-10 units per acre , including single family homes on small lots to be compatible with adjacent single family homes . Envision Wh eat Ridge is the City 's comprehensive plan and designates this property as being in a neighborhood buffer on the edge of a Commercial Corridor (Wadsworth). The intent of the neighborhood buffer designation is for buffering and transition between low intensity residential areas and higher intensity commercial corridors. Staffhas concluded that the zone change and density proposed are consistent with the goals and objectives established by these documents. Further analysis of the zoning criteria will occur at the time ofthe City Council public hearing. RECOMMENDED MOTION: "I move to approve Council Bill No. 09-2014, an ordinance approving the rezoning of property located at 7671 W. 32nd Avenue and 3299 Wadsworth Blvd. from Residential-Two (R-2) to Planned Residential Development (PRD) and for approval of an Outline Development Plan on first reading, order it published , public hearing set for Monday, August 11 , 2014 at 7 p.m. in City Council Chambers, and that it take effect 15 days after final publication." CAF -Rez onin g of property at 32 11d and Wadsworth July 14 , 2014 Page 4 REPORT PREPARED/REVIEWED BY: Meredith Reckert, Senior Planner Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No . 09-2014 CITY OF WHEAT RIDGE INTRODUCED BY COUNCIL MEMBER------- COUNCIL BILL NO. 09 ORDINANCE NO. ___ _ Series of 2014 TITLE: AN ORDINANCE APPROVING THE REZONING OF PROPERTY LOCATED AT 7671 W. 32"d AVENUE and 3299 WADSWORTH BOULEVARD FROM RESIDENTIAL-TWO (R-2) TO PLANNED RESIDENTIAL DEVELOPMENT (PRO) AND FOR APPROVAL OF AN OUTLINE DEVELOPMENT PLAN (CASE NO. WZ 14- 06/GROVE 21) WHEREAS, Chapter 26 of the Wheat Ridge Code of Laws establishes procedures for the City's review and approval of requests for land use cases; and, WHEREAS, Calier Capital, LLC has submitted a land use application for approval of a zone change to Planned Residential Development for property located at 7671 W. 32"d Avenue and 3299 Wadsworth Boulevard.; and, WHEREAS, the proposed zone change is supported by the City's guiding documents including the Wadsworth Subarea Plan, the Neighborhood Revitalization Strategy and the comprehensive plan-Envision Wheat Ridge, and, WHEREAS, the zone change criteria specified in Section 26-112 support approval of the request, NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Upon application by Calier Capital, LLC for approval of a zone change from Residential-Two (R-2) to Planned Residential Development (PRO) and for approval of an Outline Development Plan (ODP) for property located at 7671 W. 32"d Avenue and 3299 Wadsworth Blvd., and pursuant to the findings made based on testimony and evidence presented at a public hearing before the Wheat Ridge City Council, a zone change is approved for the following described land: A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF SECTION 26, TOWNSHIP 3 SOUTH , RANGE 69 WEST, OF THE 6TH PRINCIPAL MERIDIAN, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER QUARTER CORNER OF SAID SECTION 26 ; THENCE S89°45'02"W , 423 .03 FEET ALONG THE SOUTHERLY LINE OF SAID NORTHWEST QUARTER OF SECTION 26; THENCE DEPARTING SAID SECTION LINE N00°14'58"W, 25 .00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF 32ND AVENUE, AND THE POINT OF BEGINNING; THENCE S89°45'02"W, 111.41 ATTACHMENT 1 FEET ALONG SAID NORTHERLY RIGHT-OF-WAY LINE TO A POINT ON THE EASTERLY LINE OF RIDGEVIEW ESTATES SUBDIVISION ; THENCE DEPARTING SAID NORTHERLY RIGHT-OF-WAY LINE AND ALONG THE EASTERLY LINE OF SAID RIDGEVIEW ESTATES SUBDIVISION N00°19'27"W, 370 .00 FEET ; THENCE CONTINUING ALONG SAID EASTERLY LINE N89°45'02"E , 111.41 FEET; THENCE N00°19'27"W , 466 .00 FEET ; THENCE S53°44'06"E , 278 .98 FEET; THENCE S00°19'27"E , 300 .00 FEET ; THENCE N89°45'02"E , 184.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF WADSWORTH BOULEVARD ; THENCE S00°19'27"E, 60 .00 FEET ALONG SAID RIGHT-OF-WAY LINE ; THENCE DEPARTING SAID RIGHT-OF- WAY LINE S89°45'02"W , 408 .00 FEET; THENCE S00°19'27"E , 310.00 FEET TO THE NORTHERLY RIGHT-OF-WAY LINE OF 32ND AVENUE AND THE POINT OF BEGINNING . SAID PARCEL CONTAINS 151,495 SF (3.48 ACRES) MORE OR LESS . BASIS OF BEARINGS : BEARINGS ARE BASED ON THE SOUTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 26 , TOWNSHIP 3 SOUTH , RANGE 69 WEST OF THE SIXTH PRINCIPAL MERIDIAN BEARING N89 °45'02"E BETWEEN THE WEST QUARTER CORNER BEING A FOUND 3 ~" ALUMINUM CAP PLS # 13212 IN RANGE BOX AND THE CENTER QUARTER CORNER BEING A FOUND 3 W' ALUMINUM CAP PLS # 13212 IN RANGE BOX. Section 2. Vested Property Rights . Approval of this zone change does not create a vested property right. Vested property rights may only arise and accrue pursuant to the provisions of Section 26-121 of the Code of Laws of the City of Wheat Ridge . Section 3. Safety Clause. The City of Wheat Ridge hereby finds , determ ines , and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health , safety , and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative objective sought to be attained. Section 4. Severability: Conflicting Ordinance Repealed . If any section , subsection or clause of the ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 5. Effective Date. This Ordinance shall take effect 15 days after final publication , as provided by Section 5 .11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of _ to _ on this 14th day of July, 2014, ordered published with public hearing and consideration on final passage set for Monday, August 11, 2014 at 7:00 o'clock p.m ., in the Council Chambers, 7500 West 29 1h Avenue , Wheat Ridge , Colorado , and that it takes effect 15 days after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2014. SIGNED by the Mayor on this ___ day of _______ , 2014. ATTEST: Janelle Shaver, City Clerk 1st publication: 2"d publication: Wheat Ridge Transcript: Effective Date: Joyce Jay, Mayor Approved as to Form: Gerald Dahl, City Attorney ~~~~ -~ ... City of • :P"WheatRi_dge ITEMNO: .~. DATE: July 14,2tJ4 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 40-2014 --A RESOLUTION AMENDING THE FISCAL YEAR 2014 CAPITAL INVESTMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $750,000 FOR THE PURPOSE OF RETAINING PROFESSIONAL SERVICES FOR THE DESIGN OF CONSTRUCTION PLANS FOR THE PROPOSED 38TH A VENUE IMPROVEMENTS 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES ~ NO Ci Qa~ ISSUE: Final conceptual design for the West 38 1h Avenue Streetscape Project has been completed and approved by City Council. The final step in moving the project forward before construction is retaining professional services for survey and design work to begin the process of developing construction plans. Should the City Council adopt a revised street width for this project on July 14th, construction must commence within one year as required by City Code. As a result, a very tight and aggressive schedule would need to be followed in order to meet that timeline , and survey and design work would need to begin as soon as possible. Staff has developed a proposed scope of work and schedule as part of a Request for Qualifications (RFQ) to solicit proposals for professional services from qualified consultants. A supplemental budget appropriation in the amount of $750 ,000 is required Council Action Form -SBA for 38th Avenue Construction Plans July 14 , 2014 Page 2 before staff can distribute the RFQ. Staff will follow through with evaluations , interviews, contract negotiations, and a recommendation to Council on October 13 , 2014. PRIOR ACTION: At the June 16, 2014 Study Session, the Phase II conceptual streetscape design for 38th A venue was presented by staff and the project consultant, Entelechy, to City Council. A consensus was reached by Council to accept the Phase II conceptual design and direct staff to continue moving forward with the project process. FINANCIAL IMPACT: A budget appropriation of $750,000 is required to complete a survey, final design , and construction plans . There are adequate funds in undesignated General Fund reserves to fund this expenditure. BACKGROUND: The City and its stakeholders have been working for several years to redevelop 38th Avenue between Wadsworth and Sheridan Boulevards as the City 's Downtown District (the Main Street between Upham and Pierce). The 38th Avenue Corridor Plan was adopted in October 2011 and provides the framework for revitalizing the street into an attractive focal point for the community. Building on valuable input from stakeholders and the public at large, the plan creates a vision for the future of the street which focuses on transportation , land use , urban design , and economic development. Since the 38th Avenue Corridor Plan 's adoption , many of the plan recommendations have been implemented. During the summer of2012 , re-striping was implemented as a pilot project to evaluate the impact of reducing most of the corridor from a four or five-lane section to a three- lane section. Parking was added on some portions along with the placement of several temporary planters and "pop-up" cafes. In October 2012 , most of the corridor was rezoned to Mixed Use - Neighborhood to facilitate redevelopment. In 2013 , street banner systems were installed to facilitate branding and public messaging. As the pilot traffic project moved forward , City staff prepared for the next phase of implementation of the Corridor Plan -the development of the streetscape concept for the Main Street Sub-district, or Phase I, which occurred between July and December of2013 . This first phase concentrated on creating various streetscape concepts for the corridor from Upham Street to Pierce Street that were in line with the planned vision and the community 's input. Two design alternatives were developed pertaining to the types of furniture , lighting, etc., along with two options for the actual streetscape improvements . Phase II of the project focused on a preferred design direction as identified by the City Council in December of2013. On January 27 , 2014 , the City Council directed staff to proceed with finalizing a preferred streetscape design that would address the following: 1. Extension of the scope of the streetscape project further east from Pierce Street to Council Action Fonn -SBA for 38 1h A venue Construction Plans Jul y l4,2014 Page 3 Marshall Street 2. Consideration of incorporating a civic space, potentially in the area between Upham Street and High Court, known as the Green 3. Proceeding with a blend of the two design themes and design alternatives and maintaining flexibility with the design , including further refining of the street section , accompanying amenities , street furniture , landscaping, public art, and way-finding s1gnage . 4. Consideration of options for enhancing bike facilities as part of the streetscape project, including the integration of north/south bike routes in and out of the 38th A venue corridor and programmed bike parking. RECOMMENDATIONS: A separate public hearing for the street width designation has been scheduled for consideration on July 14 , 2014. Should Council designate a street width for 38th Avenue in accordance with the Phase II Streetscape plans previously accepted, it is recommended that a resolution amending the fiscal year 2014 Capital Investment Program Budget in the amount of$750,000 for the purposes of retaining professional services for the design of construction plans for the proposed 38th A venue Streetscape Improvements be approved. RECOMMENDED MOTIONS: "I move to approve Resolution No. 40-2014, a resolution amending the fiscal year 2014 Capital Investment Program Budget to reflect the approval of a supplemental budget appropriation in the amount of$750,000 for the purposes of retaining professional services for the design of construction plans for the proposed 38 1h A venue Streetscape Improvements." Or, "I move to table indefinitely Resolution No. 40-2014, a resolution amending the fiscal year 2014 Capital Investment Program Budget to reflect the approval of a supplemental budget appropriation in the amount of$750,000 for the purposes of retaining professional services for the design of construction plans for the proposed 38 1h A venue Streetscape Improvements for the following reason(s) ________________ " REPORT PREPARED/REVIEWED BY: Scott Brink, Director of Public Works Ken Johnstone, Director of Community Development Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 40-2014 2. Request for Qualifications (RFQ) CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 40 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 CAPITAL INVESTMENT PROGRAM BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $750,000 FOR THE PURPOSES OF RETAINING PROFESSIONAL SERVICES FOR THE DESIGN OF CONSTRUCTION PLANS FOR THE PROPOSED 38TH AVENUE IMPROVEMENTS WHEREAS, the City Council wishes to proceed with the next incremental phase of implementing the proposed 38th Avenue Improvements; and WHEREAS, the next phase requires the retaining of professional services to begin survey and design work for the development of construction plans; and WHEREAS, the 2014 CIP Budget must be amended to provide funds for the retaining of said professional services; and WHEREAS, the City, through an established solicitation process, will select a consultant to perform said services. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Budget Amended . The City of Wheat Ridge fiscal year 2014 CIP Budget be amended accordingly by transferring $750,000 from General Fund undesignated reserves to line item 30-303-800-892 for the 38th Avenue Streetscape Final Design. Section 2. This Resolution shall be effective immediately upon adoption. DONE AND RESOLVED this __ day of _____ , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 '-~A.( .... ., ., City of • ?Wheat:Ri_dge REQUEST FOR QUALIFICATIONS RFQ-JN~14-19 Submittal Due Date: FRIDAY, AUGUST 22, 2014 BY 4:00 PM our clock 38th AVENUE RECONSTRUCTION ENGINEERING CONSULTING SERVICES SEALED SUBMITTALS MUST BE MAILED OR DELIVERED TO: City of Wheat Ridge Municipal Building Attent ion : Jennifer Nellis , CPPB BID -Purchasing & Contracting Div ision 7500 W 291h Avenue Wheat Ridge , CO 80033 Phone : 303-235-2811 Fax : 303-234-5924 DOCUMENTS PREPARED BY: PUBLIC WORKS DEPARTMENT Eng ineerin g D ivision PURCHASING & CONTRACTING DIVISION IMPORTANT: PLEASE READ ENTIRE DOCUMENT Per the attached specifications , terms and conditions . PLEASE DO NOT REMOVE ANY PAGES FROM THIS BID DOCUMENT Attachment 2 RFQ-JN-14 -19 3 81h Avenue Recons t ruction Page 1 CITY OF WHEAT RIDGE ADVERTISEMENT RFQ-JN-14-19 38th AVENUE RECONSTRUCTION ENGINEERING CONSULTING SERVICES Project Overview/Scope: The City of Wheat Ridge Public Works Department seeks a qualified firm to provide professional engineering services for the preparation of street reconstruction plans for 38th Avenue between Upham and Marshall Streets. Scope of Work shall include topographic survey, design , preparation of 60%, 90%, and 100% plans , bidding assistance , construction services , support for presentations to City Council and the public , and preparation of estimated costs . Budget for these services is estimated between $600 ,000 and $800 ,000 . Point of Contact: Jennifer Nellis , Purchasing Agent , jnellis@ci.wheatridge .co .us or phone 303-235-2811 . Do not contact the requesting department or the evaluation committee . Due Date for Questions: Noon , August 11 , 2014 Minimum Requirements: Awarded design professional must have a valid City of Wheat Ridge Business/Use Tax license(s) prior to starting the project. This project requires compliance with the "Illegal Alien " Provisions of CRSS - 17 .5-1 01 , as well as insurance coverage . Minimum requirements for th is project include management and execution of projects of similar scope and complexity . Interested firms shall have been in business in the Denver area for a minimum of two (2) years. Disadvantaged Business Enterprises: Disadvantaged business enterprises are afforded full opportunity to submit qualifications and will not be discriminated against on the grounds of race , color or national origin in consideration for award . Qualification Proposals Due: FRIDAY , AUGUST 22,2014 BY 4:00PM OUR CLOCK. THERE IS NO PUBLIC OPENING. It is the responsibility of the offeror to ensure the proposal is received in the Purchasing Office on or before the due date and time . Submit to: City of Wheat Ridge Municipal Bu ilding, BID -Purchasing & Contracting Division Attn : Jennifer Nellis , CPPB 7500 W 29 1h Avenue Wheat Ridge , CO 80033 The City only accepts proposals in hard copy format. Fax, email or other electronic means are not acceptable. Sealed proposals must include : (1) marked "Orig inal" and (4) copies for a total of 5 complete sets . Mark Envelopes : RFQ-JN-14-19 38t h AVENUE RECONSTRUCTION-ENGINEERING CONSULTING SERVICES Comments: All proposals must be sealed and shall be validated . No proposals will be accepted after the due date and time , regardless of postmark . Proposals received after the due opening time will be filed unopened . The City of Wheat Ridge reserves the right to shortlist firms that it deems are in the best interest of the City based solely on qualifications . RFQ Documents: Available on the RMEPS a division of BIDNET www.govbids.com or call1-800-677-1997 x 214 or visit the City Website for project documents and updates : www.c i.wheatridge .co .us Jennifer Nellis , Purchasing Agent ATTEST : Janelle Shaver , City Clerk RFQ-JN-14-19 38 th Avenue Reconstruction Publish Dates : Daily Journal July 28 , 2104 August4, 2014 RMEPS July 28 , 2104 Page 2 I. INTRODUCTION A. General RFQ-JN-14-19 PROPOSAL REQUIREMENTS/SELECTION CRITERIA 38th AVENUE RECONSTRUCTION ENGINEERING CONSULTING SERVICES The City of Wheat Ridge (the "City") is located in the northwest area of Denver metropolitan area just west of downtown Denver. The City's area consists of about nine square miles of rolling land adjacent to Interstate 70 transportation corridor between Denver and the Rocky Mountains . The topography is somewhat unique, with a natural ridge traversing the City. The City is a suburban community of approximately 31,000 residents . The City is a home-rule municipality with eight council members , city manager, and mayor form of government. B. Background The City has been working for several years to redevelop 38th Avenue between Wadsworth and Sheridan Boulevards as the City's "Main Street", known as Ridge at 38. The 38th Avenue Corridor Plan was adopted in October 2011 and provides the framework for revitalizing the street. In particular , the Guiding Principles that are summarized on page 2 of the Executive Summary are critical in accomplishing the City's vision for 38th Avenue . A copy of this plan may be found on the City website at www.ci.wheatridge .co .us in the 38th Avenue link under the Quick Links. During the summer of 2012, a restriping project was implemented as a pilot project to evaluate the impact of reducing most of the corridor from a 4 or 5 lane section to a 3 lane section. Parking was added on the south side of the street along with several temporary planters and several "pop-up" cafes . In October 2012 , most of the corridor was rezoned to Mixed Use -Neighborhood to facilitate redevelopment. The City is also planning to add public art at several locations along the corridor . On June 16, 2014 , the Conceptual Streetscape Design for the western portion of the corridor between Upham and Marshall Streets was accepted by City Council as the preferred design for the corridor. The conceptual design was developed by an urban designer from a couple of alternative designs that were presented to City Council on December 6 , 2014 . At that time, City Council decided to proceed with the "flexible " alternative. Summary Booklets for both phases of the conceptual design were prepared by the urban designer and are also available at the City website in the 38th Avenue link in the Conceptual Streetscape Design link. In addition to the 38th Avenue Corridor specific plans, the City has also adopted a Streetscape Design Manual. For this project, those portions of the Manual that provide general guidance on plant selection, installation, irrigation , etc . should be used . C. Objectives The purpose of this RFQ is to contract with one qualified firm , with experience in designing streets, particularly in a retrofit environment, with expertise in transportation, urban design , and landscape architecture , to provide professional services related to the preparation of reconstruction plans and construction services to permanently reconstruct the street to a 3-lane section and construct sidewalks and amenity zones on either side . The City anticipates making an award in mid-October 2014. II. STATEMENT OF WORK A major part of the implementation of the Corridor Plan is to reclaim some of the outside lanes of the paved street in order to enhance the amenity zones along the corridor, particularly in the Main Street section . The scope of Work includes topographic survey, design , preparation of 60%, 90%, and 100% plans, bidding assistance , construction services , support for presentations to City Council and the public, and preparation of estimated costs . A. Topographic Survey-Collect field topography, existing surface features , and existing underground infrastructure of the project area including streets , side street approaches , sidewalks, lighting , traffic control RFQ-JN-14 -19 38 th Avenue Reconstruction Page 3 devices , trees , landscaping , other miscellaneous structures , and public and private utilities . B. Geotechnical Analysis -Collect geotechnical information to determine the existing pavement depth and to provide recommendations on pavement design. It is anticipated that 6 borings at 10 feet deep will be adequate . C . Construction Documents • Construction plans -Prepare construction plans based on conceptual streetscape design that was previously prepare for the City . In addition to the street reconstruction plans , the plans need to finalize the various streetscape elements identified in the conceptual streetscape design. The construction plans will include the following elements : a. Alignment-The alignment of the road is not expected to significantly change from the conceptual streetscape design , since this is a reconstruction project will be fully contained with the existing public improvements . b. Profiles and cross-sections -The profiles and cross-sections will be set based on the existing elevations along the limits of construction since changes in those elevations are not expected prior to the project. City staff will be working up until the start of the project to prepare a conceptual design for the grades and elevations . c . Storm sewer system -The existing storm sewer system will need to be modified to relocate the inlets to the proposed curb/gutter location . City staff will be working up until the start of the project to prepare a conceptual design for the relocations . d. Utilities relocations-Based on information provided by utility companies and marked in the field and any impacts of the street reconstruction . Includes coordinating relocations with utility companies . e . Signing and striping -The alignment of the road is not expected to significantly change from the conceptual streetscape design . f . Access enhancements-A major component of this project is to consolidate driveways and reduce driveway widths to minimize the potential conflicts with pedestrians. City staff will be working with the property owners up until the start of the project to finalize the conceptual design access enhancements. g. Streetscape elements-Based on the kit-of-parts developed during the conceptual design and the guidance provided in the Streetscape Manual , final selection of the various streetscape elements including street furniture , paving options , landscaping , and irrigation systems will need to be done . h. Stormwater pollution prevention plan-A project specific will need to be developed . i. Traffic control plans-Traffic control and construction phasing plans will need to be developed to maintain access to properties, both business and residential , throughout construction . j . Project phasing-The City is interested in potential phasing for the construction . The City would like some guidance on logical termini for at least 3 phases of construction . • Technical specifications -Prepare technical specifications based on the City's project special provision that modify the COOT Standard Specifications . • Estimated Quantities -Obtain quantities and unit costs for the various project elements to assist City staff in preparation of cost estimates . D. Document submittal -This includes the preparation , submittal , and response to comments of the following review sets: • 60% review sets to the City for preliminary review and approval. • 90% review sets to the City for final review and approval. • 100% review sets to the City to include in the bid package . E. Permit assistance-Assist City staff in preparing applications for all required permits . F. Bidding assistance-Limited bidding assistance will be required including the following : • Production of the electronic and paper copies of the plans and specifications for bidding purposes . The City will maintain and provide a plan holders ' list, prepare the advertisement for bids , submit to the required outlets , and distribute plans to prospective bidders . • Respond to requests for information from bidders . • Prepare documents for any addenda , if required . The City will distribute any addenda , if required. G . Construction services • Construction administration -Assist City staff with the following items : a . Attend preconstruction conference. b . Perform on-site review of project's work and status . c. Attend progress meetings . d . Prepare documents for change orders and other wr itten directives , including responses to requests for information . City staff will issue the change orders and other written directives . e . Approve shop drawings , material list reports , and all information on material to be used for construct ion in accordance with the plans and spec ifications . • Construction observation support-Assist City staff with the following items : RFQ-JN -14-19 381h Avenue Reconstruction Page4 \ a. Provide support to city construction observation personnel , addressing questions as needed . City staff will provide construction observation and day-to-day project coordination . b. Provide coordination for all utility relocations during construction between the utility companies and the contractor to minimize delays in construction . H. Project close-out • Conduct final review of project. • Obtain record information from field representatives . • Prepare record drawings. I. Public involvement-Prepare documents and exhibits to support City staff in meeting with City Council and the public . City staff has an existing rapport with the community on this project and the City feels it is in the best interest to continue to facilitate the public meetings that will be required as part of this project. The following is a list of meetings that the consultant will be expected to attend related to development of the project layout: • Block by block meetings-Meetings with groups of adjacent property owners to review the plans. • Neighborhood meeting • City Council presentation J . Right-of-way-The City plans to use the existing right-of-way and easements that are included in its GIS data . The City will be working up until the start of the project with a separate consultant to obtain and resolve any outstanding right-of-way and easement issues . K. Project Schedule -A very aggressive schedule has been established for this project. The City has a very unique provision in its Charter that requires City Council to designate the width of City streets . So whenever the width of street is changed the City Council must vote to designate the new street width . Construction must be started within one year of the designation . City Council designated the street width on July 14 , 2014 , so a Notice to Proceed for the reconstruction must be issued by July 14, 2015 . The following is an anticipated schedule for this project: • Survey kick-off meeting-October 20 , 2014 • Obtain enough survey to start 60% plans -4 weeks • Design kick-off meeting-November 17 , 2014 • Prepare 60% plans - 8 weeks • City staff reviews 60% plans - 2 weeks • Neighborhood meeting -January 28, 2015 • Comment resolution meeting-January 29 , 2015 • Prepare 90% plans - 8 weeks • City staff reviews 90% plans - 2 weeks • Comment resolution meeting-April 6 , 2015 • Prepare 1 00% plans - 3 weeks • City staff reviews 1 00% plans - 1 week • Advertise for bids-May 4 , 2015 • City Council awards construction contract-June 22 , 2015 Ill. SELECTION PROCESS AND EVALUATION CRITERIA The selection committee may make a selection based on the qualification submittals received or may choose to "short list" prospective firms for further negotiations . The selection process may involve two stages: 1) written submittals will be evaluated and scored , 2) oral interviews with the highest-ranking firms , if requested , and considering preliminary schedules . The City will attempt to negotiate a contract with the highest ranked firm following the interview stage. Elements that will be considered by the panel when scoring your submittal: A. Submittal Requirements Submittal Due Date: August 22, 2014 by 4:00PM (Local Time) Firms are scored on their past experience for the type of work involved and their ability to address issues critical to the success of the project requirements . Firms are not to submit fee proposals in their initial submittal . Submittals should be formatted to correspond exactly to the following information requirements. Clear and concise responses are appreciated . The total all-inclusive page limit is 75 pages letter size. RFQ -JN -14-19 38 1h Avenue Reconstruction Page 5 If you would like to incorporate the City marketing logo or City seal on your information , please contact Carolyn Lorentz via email : clorentz@c i.wheatridge .co .us . The awarded firm must be willing to enter into an Agreement with the City of Wheat Ridge substantially in the form as attached . Submitting firms must indicate any exceptions they take to the schedule and any terms and conditions in the Sample Agreement , including the General , or Supplementary Conditions in their Request for Qualifications submittal. The City, at their sole option, may accept or reject any proposed changes to the terms and conditions and also reserves the right to negotiate final contract terms and conditions which may differ from those contained in the Sample Agreement , General , or Supplementary Conditions . Submit the following information in your proposal in this order , and follow the evaluation criteria listed below: Signature Page, Forms, Insurance Requirements a Complete and sign , "Proposer Information and Addendum Acknowledgement " aka Signature Page b Illegal Alien Form c Non-Discrimination Assurance Form d Provide a statement agreeing to provide and maintain insurance per the agreement requirements B. Selection Process 1. Screening Panel/Short List: Written submittals will be reviewed and scored and a short-list may be developed . Firms are not to submit fee proposals in their initial submittal. A. Qualifications of the Firm (25%) A.1 Include information on firm size , number of employees , years in business , location of working office and assurance of your financial stability . A .2 References: Include the name , current phone number and email of the owner 's project manager for each project you have listed of similar size and scope . Provide total dollar amount , a br ief summary of the work and dates of work performed . List any sub-consultants you may have used . A .3 Include any supplemental references or supplemental qualifications that may attest to your firm 's current ability to provide the required services. A.4 Demonstrate experience in overseeing and coordinating multiple concurrent projects . A.S Describe experience with projects for public clients . State your familiarity with governmental decision-making and review process. A.6 Indicate familiarity with the project area and local construction market. A .? Provide a "Litigation Statement" of: No , Yes , or Pending litigation on any projects in the last five (5) years . If yes , explain . A .8 Prov ide a statement agreeing to provide and maintain insurance per the agreement requirements . B. Experience of Staff and Team (25%) 8 .1 Identify the proposed project manager , key staff, and any sub-consultants ; and their roles . 8 .2 Present a brief discussion regarding the experience and qualifications of the team working on similar projects together . 8.3 Unique knowledge of key team members relating to this project. 8 .4 Describe individual experiences with the City or other government agencies . C. Approach (30%) C .1 Detail your approach to manage the work to meet deadlines or an expedited schedule . C .2 Identify any foreseeable problems in the implementation of the reconstruction project. C .3 Describe how the objectives identified will be achieved . C.4 Demonstrate your understanding of the technical requirements . C .S Provide a list of what portion of the work, if any , will be subcontracted. C .6 Provide samples of items similar to those requested in this RFQ , produced by the proposing firm . C.? Describe your customer service philosophy and approach towards client communication and reporting . RFQ-JN-14-19 381h Avenue Reconstruction Page6 I \ C.8 Discuss quality control methodology: adhere to state and local procedures, construction documentation coordination and completion , and ensure construction quality. C.9 Discuss cost control methodology: • estimates of probable cost within owner's established budget • coordination of value engineering activities D. Current Workload and Location (20%) D.1 Provide information on current and projected workload for 2014 and 2015 and how this project will be accomplished . D.2 Demonstrate ability to manage the required work to meet the anticipated schedule and final deadline of July 14, 2015 . D .3 Describe where the program manager and any key team members will do the key work elements of this project (proximity of firm's offices may affect coordination with City's project manager and the project location). 2. Oral Interviews: It is anticipated that oral interviews will be conducted on September 12, 2014 , with no more than three firms in accordance to the schedule below. Firms will be notified in writing of the short list. Key personnel from the firm who will be directly involved with the project should attend the interview. The interview panel will, in particular , be interested in knowing more about previous experiences , meeting deadlines, project approach , and in conversing with the individuals who will act as the primary contacts . Be prepared to leave behind a preliminary schedule for the project. The short-listed firms will be ranked after interviews are conducted, and the preliminary schedule will be included in the evaluation criteria. (See below.) Qualifications (25%) Experience (25%) Approach, Timelines and Current Workload (30%) Preliminary Schedule and Location (20%) 3. Scope and Fee Proposals and Final Selection : At the time of the Oral Interviews, the City requests a detailed scope and fee proposal in a sealed envelope from the firms that have been short listed and will attempt to negotiate a contract with the number one ranked firm following the interview stage . If an agreement is not successfully negotiated with the highest ranked firm, the second ranked firm will be contacted, and the negotiation process will continue in such manner until an award is made or the negotiations are terminated. We do recognize the tight timeline between the interview and potential negotiation stages . V. ANTICIPATED SCHEDULE OF EVENTS All times are local and by our clock . RFQ Issued July 28 , 2014 Pre-RFQ Meeting August 4 , 2014 Questions Due August 11 , 2014 by 5:00pm Final Addendum August15, 2014 Proposal Due Date and Time Friday, August 22, 2014 by 4 :00pm Short List September 8 , 2014 Interviews, Detailed Scope and Fee Proposal September 12, 2014 Negotiation of Contract September 15-22, 2014 Council Approval October 13, 2014 Issue Notice to Proceed October 20, 2014 VI. ADMINISTRATIVE AND OFFEROR INFORMATION 1. SUBMITIAL OPENING. EVALUATION AND AWARD Only the names of each proposer will be read at the opening. Submittals will be examined after opening. Submittals will be evaluated on the basis of the evaluation criteria. The firm selected for the award will be RFQ-JN-14-19 38th Avenue Reconstruction Page 7 chosen on the basis of qualifications and the apparent greatest benefit to the City and not necessarily on the basis of lowest price. The City reserves the right to make multiple awards if deemed in the best interest of the City. No proposal may be withdrawn for a period of sixty (60) calendar days of the Proposal Opening date. 2. SALES & USE TAXES Do not include sales or use taxes in your bid . Please contact the Sales Tax Division for current status related to sales and use taxes for City projects . 3 . PROPOSER QUALIFICATIONS No proposal shall be accepted from and no contract will be awarded to any person, firm or corporation that is in arrears to the City of Wheat Ridge , upon debt or contract that is a defaulter, as surety or otherwise, upon any obligation to the City or that is deemed irresponsible or unreliable by the City. If requested, Proposers shall be required to submit satisfactory evidence that they have a practical knowledge of the particular supply/service bid upon and that they have the necessary financial resources to provide the proposed supply/service called for as described in the attached Section II , Statement of Work. 4 . RIGHT TO INVESTIGATE The City reserves the right to investigate and confirm the proposer's financial responsibility. This may include financial statements , bank references and interviews with past consultants , employees and creditors . Unfavorable responses to these investigations are grounds for rejection of the submittal. 5 . NO COMMITMENT BY CITY OF WHEAT RIDGE This Request for Qualifications does not commit the City of Wheat Ridge to award any costs or pay any costs, or to award any contract , or to pay any costs associated with or incurred in the preparation of a submittal to this Request , or to procure or contract for services or supplies . In acceptance of proposals , the City of Wheat Ridge reserves the right to negotiate further with one or more of the proposers as to any features of their proposals and to accept modifications of the work and price when such action will be in the best interest of the City. This includes solicitation of a best and final offer from one or more of the proposers. 6 . PROPOSAL REPRESENTATION Each Proposer must sign the proposal with their usual signature and shall give their full business address on the form provided in this Proposal. Proposals by partnerships shall be signed with the partnership name by one of the members or by an authorized representative . Proposals by corporations shall be signed with the name of the corporation followed by the signature and designation of the President , Secretary, or other person authorized to bind it in the matter and shall have the corporate seal affixed thereto. 7 . ANTI COLLUSION CLAUSE No officer or employee of the City of Wheat Ridge , and no other public official , or employee , who may exercise any function or responsibilities in the review or approval of this undertaking shall have any personal or financial interest, direct or indirect, in any contract or negotiation process thereof. The above compliance request will be part of all City of Wheat Ridge contracts for this Service . 8 . INSURANCE The successful Proposer shall, during the term of this Agreement and until completion thereof, provide and maintain the following types and minimum insurance coverage as follows : Type of Insurance Standard Workers' Compensation Including Occupational Disease Coverage Employer's Liability Comprehensive General Liability RFQ-JN-14-19 38th Avenue Reconstruction Minimum Limits of Liability Statutory in conformance with the compensation laws of the State of Colorado $500,000 each person ; $500,000 each accident; $500,000 each disease $250,000 each person ; Page 8 Insurance $1,000,000 each occurrence Professional Liability, Errors and Omissions $1,000,000 each occurrence The successful Proposer shall affect the insurance policies in a company or companies and in a form satisfactory to the Owner. Before commencing any performance under this Agreement, successful Proposer shall deliver, to the City, Certificates of Insurance issued by the insurance company, and/or its duly authorized agents pertaining to the aforementioned insurance, and certifying that the policies stipulated above are in full force and effect. All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured, except for Workers Compensation and Professional Liability, Errors and Omissions. Nothing herein shall be deemed or construed as a waiver of any of the protections to which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101 , C .R.S ., as amended . Workers' Compensation Insurance -The contractor shall provide workers' compensation insurance coverage for all persons employed to perform the work to be done under the contract and assure that all workers will receive the compensation for compensable injuries . A copy of the workers compensation policy is required to be submitted to the City as part of this Proposal. Professional Liability Insurance -Evidence of Professional Liability Insurance will be required upon award of the project. 9 . LAWS AND REGULATIONS All applicable State of Colorado and Federal laws , City and County ordinances , licenses and regulations shall apply to the award throughout and herein incorporated here by reference. 10. SUBCONTRACTING No portion of this Proposal may be subcontracted without the prior written approval by the City . 11 . SALES PROHIBITED I CONFLICT OF INTEREST No officer, employee , or member of City Council , shall have a financial interest in the sale to the City of any real or personal property, equipment, material , supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered . Soliciting or accepting any gift , gratuity, favor , entertainment , kickback or any items of monetary value from any person who has or is seeking to do business with the City of Wheat Ridge is prohibited . 12. MODIFICATION OF AGREEMENT No modification of award shall be binding upon the City unless made in writing and signed by authorized agents of both parties . 13. CANCELLATION Either party may cancel the award in the event that a petition , either voluntary or involuntary , is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors . 14. TERMINATION OF AWARD FOR CAUSE If, through any cause , the successful Proposer shall fail to fulfill in a timely and proper manner its obligations or if the successful Proposer shall violate any of the covenants , agreements or stipulations of the award, the City shall thereupon have the right to terminate the award by giving written notice to the successful Proposer of such termination and specifying the effective date of termination. In that event , all finished or unfinished services, reports or other materials prepared by the successful Proposer shall , at the option of the Agency , become its property, and the successful Proposer shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished . RFQ-JN -14-19 38 th Avenue Reconstruction Page9 Notwithstanding the above, the successful Proposer shall not be relieved of liability to the City for damage sustained by the City by virtue of breach of the award by the successful Proposer and the City may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due the City from the successful Proposer is determined. 15. TERMINATION OF AWARD FOR CONVENIENCE The City may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination . In that event, all finished or unfinished services , reports, material(s) prepared or furnished by the successful Proposer under the award shall , at the option of the City, become its property. If the award is terminated by the City as provided herein , the successful vendor will be paid an amount which bears the same ratio to the total compensation as the services actually performed or material furnished bear to the total services/materials the successful Proposer covered by the award , less payments of compensation previously made . If the award is terminated due to the fault of the successful Proposer, termination of award for cause , relative to termination shall apply. 16 . EQUAL OPPORTUNITY The successful firm will agree not to refuse to hire , discharge , promote , demote , or to otherwise discriminate in matters of compensation against any person otherwise qualified solely because of race , creed , sex , national origin , ancestry or physical handicap . It shall be a condition that any company , firm or corporation supplying goods or services , must be in compliance with the appropriate areas of the Americans With Disabilities Act of 1990 as enacted , and from time to time amended , and any other applicable Federal regulation. A signed , written certificate stating compliance with the Americans With Disabilities Act may be required , upon request , by the City. 17 . DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race , color or nat ional origin in consideration for an award . As a recipient of Federal funds , subject to United States Department of Transportation Title VI Regulations at 49 CFR Part 21 the Civil Rights Act of 1964 , the City of Wheat Ridge and its responsible agents , contractors and consultants assure that no person shall on the grounds of race , color or national origin be excluded from participation in the opportunity to bid, or be discriminated against in consideration of award of this project. The Unites States has a right to seek judicial enforcement with regard to any matter arising under Title VI , 49 CFR Part 21 . 18 . COMMON LANGUAGE Unless otherwise specified in this document, all words shall have a common language unless the context in which they are used clearly requires a different meaning . Words in the singular number include the plural , and in the plural include the singular . Additionally, words in the masculine gender include the feminine and the neuter, and when the sense so indicates , words of the neuter gender may refer to any gender. The word "firm/bidder/proposer " means any person , partnership , corporation or other entity. 19. PROPRIETARY INFORMATION The evaluation committee will hold information provided by Proposers during the RFQ process in confidence until the date of an award . After that date , proposals will become public record . Proposers may request parts of their proposals to remain confidential and shall indicate in the proposal and on the appropriate proprietary or financial pages . All information included in any Proposal that is of a proprietary nature must be clearly marked as such . The City shall be held harmless from any claims arising from the release of proprietary information not clearly designated as such by the proposing firm . 20. COMPETITIVENESS AND INTEGRITY The Purchasing Office maintains control of its internal and third party communications during the procurement process to prevent biased evaluations and compromises of confidential information and to preserve the competitiveness and integrity of such procurement efforts . Proposers should not disclose their pricing to any employees of the City other than the contact representative . Attempts by proposers to establish informal communication channels regarding this procurement will be viewed negatively and shall result in rejection of the offending firm 's offer. RFQ-JN-14 -19 38 th Avenue Reconstruction Page 10 I \ 21 . PROPOSAL FORMAT All responses to this Request For Qualifications shall use the respondent's format except for those pages , which have blanks to be filled in by the respondent or those pages marked for return with proposal. A proposal can be rejected by the City if the firm fails to completely fill in all blanks for evaluation of the proposal or fails to answer all questions . Proposal should be submitted initially on the most favorable terms . All proposals shall be prepared in a comprehensive manner as to content ; however, no necessity exists for expensive binders or promotional material. All costs , including travel and expenses incurred in the preparation of this proposal, shall be borne solely by the respondent. 22 . PROPOSAL REJECTION AND/OR PARTIAL ACCEPTANCE The City reserves the right to: • reject any and all proposals • accept other than the lowest price • waive minor defects or technicalities , formalities and informalities • accept in whole or in part such proposal where it is deemed advisable • make an award on the basis of the apparent greatest benefit to the City • alter the scope of work reasonably and RFP documents until a contract is executed 23 . GOVERNING LAW The laws of the State of Colorado shall govern any contract executed between the successful contractor and the City. Further, the place of performance and transaction of business shall be deemed to be in the County of Jefferson , State of Colorado . In the event of litigation , the exclusive venue and place of jurisdiction shall be the State of Colorado , and more specifically, Jefferson County, Colorado . 24. TAXES AND LICENSES BY THE AWARDED CONTRACTOR Contractor shall promptly pay, when they are due, all taxes , excises , license fees , and permit fees of whatever nature applicable to work which it performs under this agreement and shall take out and keep current all required municipal , county, state or federal licenses required to perform this work. Contractor shall furnish the City upon request , duplicate receipts or other satisfactory evidence showing or certifying to the proper payment of all required licenses and taxes . Contractor shall promptly pay, when due , all bills , debts and obligations it incurs performing work under this agreement and to allow no lien , mortgage , judgment, or execution to be filed against land , facilities , or improvements owned by the C ity. 25 . PROMPT PAYMENT DISCOUNTS In determining the most responsive priced proposal{s), the City will consider all acceptable proposals on a basis of the net price to be paid after deduction of the discount specified in the respective proposals . Prompt payment discounts allowing less than 10 days for the discount to apply shall not be considered as a cost factor in the evaluation of proposals. In connection with any prompt payment discount offered , t ime will be computed from date of receipt of a correct invoice to include the receipt and acceptance of performance . 26 . OWNERSHIP OF CONTRACT PRODUCTS All products produced from the awarded contract shall be the sole property of the City. 27. FUNDING There is in effect with in the City of Wheat Ridge , Colorado , Section 2-4 of the City's Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council , either through budgeted appropriation , or contract or bid award . The Contractor is specifically advised of this Section 2-4 of the Code of Laws . This Contract is specifically subject to the provisions of said Code Section . Funding of this contract for any time per iod after January 1 of the year succeeding the date of entry of this contract is expressly contingent upon appropriations being made by the C ity Council of the City of Wheat Ridge , Colorado. No promise , expressed or implied , is made that such funding will be approved by the City Council , acting in its legislative discretion . 28 . INDEMNIFICATION The Consultant agrees to indemnify and to hold the C ity and its agents harmless for, from and against any and all claims , suits , expenses , damages or other liabilities , including reasonable attorney fees and court RFQ -JN-14-19 38 th Avenu e Reconstr ucti on Page 11 costs arising out of damage or injury to persons , entities , or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Consultant to provide services pursuant to the terms of this Agreement. 29 . INDEPENDENT CONTRACTOR The firm is an independent contractor. Notwithstanding any provision appearing in this RFQ , all personnel assigned by the firm to perform work under the terms of this RFQ and any subsequent agreement shall be , and remain at all times , employees or agents of the firm for all purposes . The firm shall make no representation that it is the employee of the City for any purpose. 30 . DUE DILIGENCE Due care and diligence has been used in the preparation of this information and it is believed to be substantially correct. However the responsibility for determining the full extent to the exposure and the verification of all information shall rest solely with the proposer. The City is not responsible for any errors or omissions in the specification or for the failure on the part of the proposer in determining the full extent of exposure . 31 . DEBRIEFING Offerors not selected or placed on a short list may request a debriefing on the selection process as well as discussion of the strengths and weaknesses of their firm 's proposal upon receipt of notification that their firm was not selected or short listed. Firms that were on the short list but not selected may request a debriefing after they have been notified that another firm was selected . A debriefing may be scheduled with the Purchasing Agent. 32 . SECURITY ACCESS CARDS The City will issue security access cards to assigned workers . It will be the discretion of the City if the access cards are issued specifically for each worker or a guest card may be issued . 33 . SAMPLE AGREEMENT A sample agreement is provided for your review if your firm is awarded . Do not complete nor enclose with your proposal. It is for information only. THANK YOU FOR YOUR INTEREST IN DOING BUSINESS WITH THE CITY OF WHEAT RIDGE RFQ-JN-14-19 38th Avenue Reconstruction Page 12 I \ CITY OF WHEAT RIDGE RFQ-JN-14-19 38th AVENUE RECONSTRUCTION ENGINEERING CONSULTING SERVICES PROPOSER INFORMATION AN D ADD ENDUM ACKNOWLEDGMENT COMPANY ________________________________________________________ _ ADDRESS ________________________________________________________ __ CITY/STATE/ZIP ____________________________________________________ _ PHONE _____________________________ FAX __________________________ ___ AUTHORIZEDSIGNATURE ______ ~~----~------~------------------------ Th is is requ ired . Must be in ink. TYPED/PRINTED NAME ________________________________________________ __ TITLE ____________________________ EMAIL ____________________________ _ PROPOSER IS RESPONSIBLE FOR FOLLOWING UP ON ALL ADDENDUMS ACKNOWLEDGE ADDENDUM : Bidder is responsible for confirming receipt of each addendum , please init ial. #1 ______ __ #2 ______ _ #3 ______ __ #4 ______ __ IN ITIAL YOU REVIEWED EACH ADDENDUM FOR THIS PROJECT ---------------------- VISA IS THE PREFERRED PAYMENT METHOD. DO YOU ACCEPT VISA WITHOUT EXTRA FEES?---------------------------------- POINT OF CONTACT: Jennifer Nellis , Purchas ing Agent , jnellis@ci.wheatridge.co.us or fax 303-234-5924. DO NOT CONTACT THE REQUESTING DEPARTMENT OR MEMBERS OF THE EVALUATION COMMITTEE. Signature acknowledges that Proposer: 1) has read the bid documents thoroughly before submitting a proposa l 2) will fulfill the obl igations in accordance to the scope of work or specifications , terms , and conditions 3) is capable of performing qual ity work to achieve the City objectives and 4) is subm itting without collusion w ith any other firm . You must subm it a proposal with an authorized s ignature . Bidder must complete and SUBMIT this form with your bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disgualified from bidding. RFQ -JN -1 4 -19 38th Avenu e Recons truction Page 13 CITY OF WHEAT RIDGE, CO CERTIFICATION STATEMENT FOR ILLEGAL ALIENS, COMPLIANCE TO HB 1343 The Vendor , whose name and signature appear below , certifies and agrees as follows : 1. The Vendor shall comply with the provisions of CRS 8-17 .5-101 et seq . 2. The Vendor shall not knowingly employ or contract with an illegal alien to perform work under this purchase order or enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien . 3. The Vendor represents , warrants , and agrees that it (i) has verified that it does not employ any illegal aliens , through participation in the Basic Pilot Employment Verification Program administered by the Social Security Administration and Department of Homeland Security, or (ii) otherwise shall comply with the requirements of CRS 8-17 .5-102(2)(b)(l). 4 . The Vendor shall comply with all reasonable requests made in the course of an investigation by the Colorado Department of Labor and Employment. If the Vendor fails to comply with any requirement of this provision or CRS 8-17.5-101 et seq., the City may terminate the above referenced purchase order for breach and the Vendor shall be liable for actual and consequential damages to the City of Wheat Ridge . CERTIFIED and AGREED to this ____ day of----------' 20 __ _ BID NUMBER: FIRM : ---~-~--~-----------------­(Print Full Legal Name) AUTHORIZED SIGNATURE:--------------------- Print Name : Print Title : ________________ Date : ___________ __ Attestation : (A corporate attestation is required.) BY : ____________ __ Corporate Secretary or Equivalent Place corporate seal here, if applicable Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding . RFQ-JN-14-19 38t h Avenue Reconstruction Page 14 I \ CITY OF WHEAT RIDGE, CO NON-DISCRIMINATION ASSURANCE FORM TITLE VI REGULATIONS AT 49 CFR PART 21 Title VI of the C ivil Rights Act of 1964 prohibits discrimination of the basis of race , color or national origin by any entity receiving Federal financial assistance . The City of Wheat Ridge is a recipient of Federal financial assistance and as such , it-as well as all of its responsible agents , contractors and consultants-is required by the United States Department of Transportation Title VI Regulations at 49 CFR Part 21 (the Regulations) to assure nondiscrimination . The City of Wheat Ridge assures that no person shall be excluded from participation in , be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race , color , or national origin under any program or activity conducted by the City. All bidders are hereby notified that the City of Wheat Ridge will affirmatively ensure that disadvantaged business enterprises will be afforded full opportunity to submit bids in response to all invitations and will not be discriminated against on the grounds of race , color or national origin in consideration for an award . This applies to all solicitations for bids for work or material subject to the Regulations , and for all proposals for negotiated agreements . The bidder , whose name and signature appear below, certifies and agrees as follows : 1. The bidder shall comply with the provisions of Title VI of the Civil Rights Act of 1964. 2 . The bidder assures the City of Wheat Ridge that disadvantaged business enterprises are afforded full opportunity to submit bids as sub-contractors or sub-consultants and will not be discriminated against on the grounds of race , color or national origin in considerat ion for award . 3 . The bidder shall comply with all reasonable requests made in the course of an investigation of Title VI , the Regulations and this assurance by the Colorado Department of Transportation , the US Department of Transportation or the City of Wheat Ridge , as a sub-recipient of Federal financial assistance. 4 . The bidder agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under Title VI , the Regulations and this assurance . FIRM : ------------------------------------------------ (Print full legal name of company) AUTHORIZED SIGNATURE: Printed Name and Title : --------------------------- Date Certified and Agreed : ------------- Attestation : (A corporate attestation is required) Place corporate seal below : BY : ------------------------------- Corporate Secretary or Equivalent Bidder must complete and SUBMIT this form with bid/proposal or will be considered Non-Responsive and/or Non-Responsible and therefore disqualified from bidding. RFQ -JN -14-19 38 th Avenue Reconstruction Pa ge 15 ~"''~ -. .,. City of ~WheatRLdge RFQ-JN-14-19 38th AVENUE RECONSTRUCTION ENGINEERING CONSULTING SERVICES SAMPLE AGREEMENT, FOR YOUR REVIEW ONLY THIS AGREEMENT made this __ day of 2014 , by and between the City of Wheat Ridge , Colorado , here inafter referred to as the "C ity" or "Owner" and FIRM, CITY, STATE, hereinafter referred to as the "Consultant or Contractor". WITNESSETH , that the C ity of Wheat Ridge and the Consultant agree as follows : ARTICLE 1 -SERVICES The Consultant shall serve as the City's Contractor and provide as a minimum all of the professional services required as per RFQ-JN-14-19 38 1 h AVENUE 38th AVENUE RECONSTRUCTION ENGINEERING CONSULTING SERVICES, as more fully described in the Request for Qualifications and Consultant's response to the RFQ (Exhibit I) (attached hereto and) incorporated herein by reference . ARTICLE 2 -TERM The work to be performed under this Agreement shall commence promptly after receipt of a fully executed copy of this Agreement to the extent that the Consultant has been authorized to proceed by the City. Completion shall be within----(_) CALENDAR DAYS or by ____ _ The City may upon mutual wr itten agreement by the parties , extend the time of completion of serv ices to be performed by the Consultant , if needed . The City hereby agrees to pay the Consultant the amounts required for additional work as deemed necessary at the unit prices set forth in the Consultant's proposal, with a total contract amount not to exceed , ($ ), in accordance to the provisions and subject to the conditions as set forth in this Agreement and the documents referred to above . ARTICLE 3-PAYMENT AND FEE SCHEDULE It is understood and agreed by and between the parties hereto , that the City shall pay the Consultant for services rendered . A. Invoices by Task Invoices may be submitted monthly by the Consultant for services performed and expenses incurred pursuant to this Agreement during the prior month . The payment will be expedited by the User Department and processed as a VISA transaction within 2 business days of the City approval or the City may elect the alternative method of payment by the Treasurer's Office through proper accounting procedures . Payment is then made to the Contractor within thirty (30) days of the receipt. A check is mailed . B . Funding There is in effect within the City of Wheat Ridge , Colorado , a provision of the City's Code of Laws which limits the amount for which the City shall be liable to the amount expressly appropriated by the City Council , either through budgeted appropriation , or contract or bid award . The contractor is specifically advised of the provisions of this portion of the Code of Laws of the City of Wheat Ridge , which was enacted pursuant to Ordinance 787 , Series of 1989, and expressly incorporated herein . This contract is specifically subject to the provisions of sa id Ordinance and adopted Code Section . RFQ-JN-14-19 381h Avenue Reconstruction Page 16 \ ARTICLE 4-INDEPENDENT CONTRACTOR In performing the work under this Agreement , the Consultant acts as an independent contractor and is solely responsible for necessary and adequate worker's compensation insurance, personal injury and property damage insurance, as well as errors and omissions insurance. The Consultant , as an independent contractor, is obligated to pay federal and state income tax on monies earned . The personnel employed by the Contractor are not and shall not become employees , agents or servants of the City because of the performance of any work by this agreement. The Contractor warrants that it has not employed or retained any company or person , other than a bonafide employee working solely for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than bona-fide employees working solely for the Contractor, any commission , percentage , brokerage fee , gifts , or any other consideration , contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the City will have the right to annul th is Agreement without liability or in its discretion to deduct from the Agreement price or consideration , or otherwise recover the full amount of such fee, commission , percentage , brokerage fee, gift, or contingent fee . ARTICLE 5-INSURANCE In accordance with Article 4 above, the Contractor shall furnish a certificate of insurance upon notification of award and prior to performance. Work shall not commence under this Agreement until the Contractor has submitted to the City and received approval thereof, a certificate of insurance showing compliance with the following minimum types and coverage of insurance. Type of Insurance Standard Workers' Compensation Including Occupational Disease Coverage Employer's Liability Comprehensive General Liability Insurance Professional Liability , Errors and Omissions Minimum Limits of Liability Statutory in conformance with the compensation laws of the State of Colorado $500,000 each person ; $500 ,000 each accident ; $500 ,000 each disease $250 ,000 each person ; $1 ,000 ,000 each occurrence $1 ,000 ,000 each occurrence All policies and/or Certificates of Insurance shall include the City of Wheat Ridge as an additional named insured , except for Workers Compensation and Professional Liability , Errors and Omissions. Nothing herein shall be deemed or construed as a waiver of any of the protections to , which the Agencies may be entitled pursuant to the Colorado Governmental Immunity Act, sections 24-10-101, C.R.S., as amended . ARTICLE 6 -INDEMNIFICATION The Contractor agrees to indemnify and to hold the City and its agents harmless for , from and against any and all claims , suits, expenses , damages or other liabilities , including reasonable attorney fees and court costs arising out of damage or injury to persons , entities , or property causes or sustained by any person or persons as a result of the negligent performance or failure of the Contractor to provide services pursuant to the terms of this Agreement. ARTICLE 7 -CHANGE ORDERS OR EXTENSIONS The City may, from time to time , require changes in the scope of services of the Contractor to be performed herein . Such changes , including any increase or decrease in the amount of the Contractor's compensation , must be mutually agreed upon in writing by the City and the Contractor. The Contractor shall be compensated for all authorized changes in services , pursuant to the Request for Qualifications , or if no provision exists , pursuant to the terms of the Change Order. RFQ-JN-14 -19 38th Avenue Reconstruction Page 17 ARTICLE 8-EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall not discriminate against any employee or applicant for employment because of age, race, color, religion, sex, or national origin. The Contractor 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 compensation , and selection for training , including apprenticeship ., The Contractor agrees to post in conspicuous places , available to employees and applicants for employment , notices provided by the local public agency setting forth the provisions of this nondiscrimination clause . The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials . ARTICLE 9-CHARTER, LAWS AND ORDINANCES The Contractor at all times during the performance of this Agreement , agrees to strictly adhere to all applicable Federal, State and Local laws , rules , regulations , and ordinances that affect or govern the work as contemplated under this Agreement. ARTICLE 10-LAW AND VENUE The laws of the State of Colorado shall govern as to the interpretation , validity, and effect of this Agreement. The parties agree that venue and jurisdiction for disputes regarding performance of this contract is with the District Court of Jefferson County , Colorado . ARTICLE 11-TERMINATION The Contractor acknowledges that his failure to accomplish the work as described shall be considered a material breach of the contract and entitle the City to consequential damages resulting from failures , acts, or omissions including but not limited to re-procurement costs , insufficient or improper work . The City and the Contractor agree that this Agreement may be canceled for cause, by either party with a fifteen (15) day prior written notice . The cost of completing the portion of the work which remains unperformed at the time of such termination shall be deducted from the contract price before payment is made . The City may terminate the Agreement for its convenience upon thirty (30) days written notice . In the event of such termination , the Contractor will be paid for all work and expenses incurred up until the time of such termination . All work accomplished by the Contractor prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and become the sole property of the City prior to payment for services rendered. ARTICLE 12-NOTICES City Contractor Contact Name Phone Cell Email address Address City, State, Zip ARTICLE 13-ASSIGNMENT AND SUBCONTRACTORS The duties and obligations of the Contractor arising hereunder cannot be assigned , delegated , nor subcontracted except with the express written consent of the City. The subcontractors permitted by the City shall be subject to the RFQ-JN-14-19 381h Avenue Reconstruction Page 18 \ requirements of this Agreement, and the Contractor is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The Contractor shall be responsible for the performance of any sub-contractor . ARTICLE 14-SEVERABILITY To the extent that the Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement , the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term or the same term upon subsequent breach. ARTICLE 15 -INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and 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 an authorized representative of the City and the Contractor. ARTICLE 16-PROHIBITION ON EMPLOYING OR CONTRACTING WITH ILLEGAL ALIENS A. The Contractor hereby certifies that at the time of executing this Agreement it does not knowingly employ or contract with an illegal alien who will perform work under this Agreement and that it will participate in either the E-Verify Program or Department Program as those terms are defined in C.R.S . §§ 8-17 .5- 101 (3 . 7) and (3 .3}, respectively, (the "Programs") in order to confirm the employment eligibility of all employees who are newly hired for employment to perform work under this Agreement. B. The Contractor shall not knowingly employ or contract with an illegal alien to perform the work under this Agreement or enter into a contract with a subcontractor that fails to certify to the Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. The Contractor has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under the Agreement through participation in either the E-Verify Program or the Department Program . D. The Contractor is prohibited from using the Program 's procedures to undertake pre-employment screening of job applicants while this Agreement is being performed . E. If the Contractor obtains actual knowledge that a subcontractor performing the work under this Agreement knowingly employs or contracts with an illegal alien, the Contractor shall be required to: (a) notify the subcontractor and the City within three (3) days that the Contractor has actual knowledge that the subcontractor is knowingly employing or contracting with an illegal alien; and (b) terminate the subcontract with the subcontractor if within three (3) days of receiving the notice , required pursuant to C.R.S . § 8-17.5- 1 02(2)(111)(A), the subcontractor does not stop employing or contracting with the illegal alien ; except that the Contractor shall not terminate the contract with the subcontractor if during such three (3) days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien . F. The Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department is undertaking pursuant to the authority established in C.R.S . § 8-17 .5-102(5). ARTICLE 17-DISADVANTAGED BUSINESS ENTERPRISES Disadvantaged business enterprises are afforded full opportunity to submit bids and will not be discriminated against on the grounds of race, color or national origin in consideration for an award . Consultants shall insert this provision in all sub-contracts for any work covered by this Agreement , so that it shall be binding upon each sub- RFQ-JN -14-19 38th Avenue Reconstruction Page 19 consultant or sub-contractor providing labor or services . ARTICLE 18-AUTHORIZATION Each party represents and warrants that it has the power and ability to enter into this Agreement , to grant the rights granted herein and to perform the dut ies and obligations described herein . IN WITNESS WHEREOF , the parties hereto have executed this Agreement in two (2) copies , each of wh ich shall be deemed an orig inal on the day and year f irst written above. ATTEST: JANELLE SHAVER, CITY CLERK DATE (Seal) APPROVED AS TO FORM : GERALD DAHL, CITY ATTORNEY ATTEST TO CONTRACTOR: NAME TITLE DATE RFQ -JN -14-19 38 th Avenu e Re constru ct i on OWNER CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RIDGE , CO 80033 303-234-5900 JOYCEJAY,MAYOR CONTRACTOR FIRM ADDRESS CITY STATE AUTHORIZED SIGNATURE PRINT NAME TITLE DATE Pag e 20 ~~4~ .. J ~ City of • JP'"WheatRi_dge ITEM NO:~ DATE: July 14 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 42-2014-A RESOLUTION APPROVING THE SECOND AMENDMENT TO AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE, COLORADO, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING 0 PUBLIC HEARING D BIDS /MOTIONS I:8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N D READING The City, in partnership with Jefferson County and several adjacent jurisdictions, participates as an "Urban County" in the federal Community Development Block Grant (CDBG) program. Smaller cities , such as Wheat Ridge , Golden and Edgewater would not independently be eligible for a direct allocation of funds from the Department of Housing and Urban Development (HUD) under this program ; however when joining forces with the County's unincorporated areas and these other cities , Wheat Ridge meets the criteria as an Urban County and is eligible to participate in the CDBG program. The CDBG program provides funding for housing and other infrastructure and amenities that provide a benefit to certain low/moderate income census tracts. The amount of funding allocated from HUD is based on the population in eligible census tracts. The Board of County Commissioners (BOCC) is the designated administrator of the funds and the county's human services department provides staff support to the BOCC . The City, along with other participating jurisdictions and other non-profit organizations , is eligible to apply for funding through an annual application cycle. HUD has requested minor amendments to the master IGA between the county and city. CAF -Second Amendment to CDBG IGA July 14 , 2014 Page 2 PRIOR ACTION: Wheat Ridge approved the intergovernmental cooperation agreements for this program in 2011. The proposed resolution , if adopted , would make minor amendments to the master IGA that was most recently amended in September 2011. FINANCIAL IMPACT: The City is eligible as a participating jurisdiction to apply for funding through this program . The county's strategic plan pertaining to CDBG currently places a high priority on projects that directly provide affordable and workforce housing. The City is currently finishing an allocation that was received through CDBG , allowing the Wheat Ridge Housing Authority (WRHA) to acquire and rehabilitate nine single family homes that were then sold to qualified homebuyers. In some instances , the City or WRHA may not directly receive CDBG funding , but the funding may provide benefit to other non-profit housing or service providers in the City. Family Tree , Seniors Resource Center and Jefferson County Housing Authority are just some examples of other entities providing services in Wheat Ridge who have received such funding. BACKGROUND: The City has participated in the Urban County program with the county since the mid- 1990s. The CDBG program has provided funding for projects ranging from street infrastructure to parks playground equipment to single family home rehabilitation . Based on participation with Jefferson County, the City is not eligible to apply for CDBG funding from the state of Colorado, who also receives an allocation through the Department of Local Affairs. The rationale in participating with the county is that the City has more local control over the allocation of the funding. The Jefferson County Board of Commissioners appoints a Community Development Advisory Board that oversees the allocation of funding and provides a recommendation for the BOCC to fonnally act upon . Currently Ken Johnstone is serving as the City 's representative on that board. RECOMMENDATIONS: Adopt a resolution approving a second amendment to the intergovernmental cooperation agreement with Jefferson County, pertaining to the Community Development Block Grant program. Approval of said amendment will maintain compliance with HUD requirements and preserve the City's ability to apply for funding through the program. RECOMMENDED MOTION: "I move to approve Resolution No. 42-2014 , a resolution approving the second amendment to an intergovernmental cooperation agreement between Jefferson County and the City of Wheat Ridge pertaining to Community Development Block Grant funding." Or, CAF -Second Amendment to CDBG IGA July 14 ,2014 Page 3 "I move to deny Resolution No. 42-2014, a resolution approving the second amendment to an intergovernmental cooperation agreement between Jefferson County and the City of Wheat Ridge pertaining to Community Development Block Grant funding for the following reason(s) " REPORT PREPARED/REVIEWED BY: Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 42-2014 2. Second Amendment to IGA TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 42 Series of 2014 A RESOLUTION APPROVING THE SECOND AMENDMENT TO AN INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE, COLORADO, PERTAINING TO COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING WHEREAS, on June 13 , 2011 , by Resolution No. 17 , Series 2011 , the City Council ("Council") for the City of Wheat Ridge , Colorado ("City") approved an Intergovernmental Agreement between the City and Jefferson County ("County") concerning Community Development Block Grant programs (the "IGA''); and WHEREAS, on September 26 , 2011 , by Resolution No. 33 , Series 2011 , the Council approved a First Amendment of said JGA to address Emergency Shelter Grant Program funds ; and WHEREAS, the Council wishes to approve said Second Amendment and to approve and ratify the Mayor's execution of the same in order to continue to be eligible to participate in the CDBG program ; and WHEREAS, pursuant to Section 14.2 of the City 's Home Rule Charter, the Council must approve intergovernmental agreements and amendments thereto by resolution or ordinance. NOW THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council that: Section 1. The Second Amendment to the Intergovernmental Agreement between Jefferson County and the City of Wheat Ridge concerning Community Development Block Grant Programs , dated for reference purposes only the 4111 day of June , 2014 , attached to this Resolution and incorporated herein by reference , is hereby approved . Section 2. The Mayor of the City of Wheat Ridge is authorized to execute the Second Amendment appro ved hereby. The City Council expressly approves and ratifies any execution of the Second Amendment by the Mayor prior to the effective date of this Resolution. Section 3 . Thi s Resolution shall take effect immediately . DONE AND RESOLVED THIS 14th day of July, 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 SECOND AMENDMENT TO INTERGOVERNMENTAL COOPERATION AGREEMENT BETWEEN JEFFERSON COUNTY AND THE CITY OF WHEAT RIDGE THIS SECOND AMENDMENT, dated for reference purposes only this 4th day of June, 2014, is made and entered into by and between the COUNTY OF JEFFERSON, STATE OF COLORADO, a body politic and corporate (the "County"), and the CITY OF WHEAT RIDGE (the "City"). WITNESSETH: WHEREAS , the parties entered into an Intergovernmental Cooperation Agreement dated May 25 , 20 II and a First Amendment to that Agreement on August 29, 2011 (collectively the "Agreement"); and WHEREAS, the County and the City have agreed that entering into an Intergovernmental Cooperation Agreement qualifies the County as an Urban County entitling the County and the Cities to receive Community Development Block Grant ("CDBG") funds to conduct and administer housing and community development activities and projects; and WHEREAS, the United States Department of Housing and Urban Development ("HUD") revised the requirements for cooperation agreements and a new requirement was added in the Transportation, Housing and Urban Development, and related Agencies Appropriations Act, 2014, Pub. L. 113-76 ; and WHEREAS, the parties have agreed to amend the Agreement as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions herein , the parties hereby agree to amend the Intergovernmental Cooperation Agreement as follows: I . A new Section 4 e. shall be added to the Agreement which states: The County and the City shall take all actions necessary to assure compliance with the urban county's certification under section I 04(b) of Title I of the Housing and Community Development Act of 1974 , as amended, regarding Title VI of the Civil Rights Act of 1964, the Fair Housing Act, and affirmatively furthering fair housing. The County and the City shall comply with section 109 ofTitle I of the Housing and Community Development Act of 1974, which incorporates Section 504 of the Rehabilitation Act of 1973 and the Age Discrimination Act of 1975 and all other applicable laws. Urban county funding shall not be used for activities in , or in support of, the City if such entity does not affirmatively further fair housing within its own jurisdiction or the City impedes the county's actions to comply with the county's fair housing certification. 2. A new Section 8 c. shall be added to the Agreement which states: A unit of general local government may not sell , trade, or otherwise transfer all or any portion of any CDBG funds to a metropolitan city, urban county, unit of general local government, or Indian tribe , or insular area that directly or indirectly receives CDBG funds in exchange for any other funds , credits or non-Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. 3. All other terms and conditions of the Agreement not amended herein shall remain in full force and effect. FURTHER, the parties understand that the original Agreement will automatically renew for the next three-year (3-y ear) qualification period as provided in paragraph 3 of the Agreement. TM 11-0104 7 Attachment 2 I of2 IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed. COUNTY OF JEFFERSON STATE OF COLORADO By: ~------------------------- STATE OF COLORADO COUNTY OF JEFFERSON Faye Griffin , Chairman Board of County Commissioners Date: ------------------------ The foregoing was acknowledged before me this day of June, 2014 by Faye Griffin as Chairman of the Board of County Commissioners, Jefferson County, Colorado. STATE OF COLORADO COUNTY OF JEFFERSON Notary 's official signatu re Commission expiration date CITY OF WHEAT RIDGE STATE OF COLORADO By: ______________________ _ Joyce Jay Mayor Date: ____________________ __ The foregoing Agreement was acknowledged before me this ___ day of June, 2014, by Joyce Jay, as Mayor of City of Wheat Rid ge. Notary· s official signature Commission expiration date TM 11-0 1047 2 of2 ~~~., .... , r City of • :?Wheat:R.l_dge ITEMN0:1 DATE: July 14 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD A CONTRACT TO GREENPLAY, LLC IN THE AMOUNT OF $49,989 FOR CONSULTANT SERVICES TO UPDATE THE PARKS AND RECREATION MASTER PLAN PER RFP-14-08 0 PUBLIC HEARING [gJ BIDS /MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES The current Parks and Recreation Master Plan was adopted by City Council in 2006. The scope of the plan update includes documenting completed projects that exist in the current plan, updating maps with the new park and trail additions, adding a community survey and needs assessment, and recommending new projects and programs to reflect current and projected trends and needs. Updating the plan will provide a record of existing programs and facilities as well as providing estimated costs and possible funding sources for recommended projects. Two consultant firms submitted proposals and team qualifications in response to the RFP; both firms were chosen for interviews. GreenPlay, LLC was selected based on their community input process and their experience and qualifications being suited to the required scope of work. PRIOR ACTION: This project was approved as part of the 2014 adopted budget. Council Action Form July 14 , 2014 Page 2 FINANCIAL IMPACT: The budgeted appropriation for this project is $50 ,000 and is appropriated in Fund 32 Open Space. Funds from this budget may only be expended on projects related to parks and recreation. BACKGROUND: Several projects in the 2006 Master Plan have been completed . There are also a few projects in the plan that are no longer viable or a fit for the community for a variety of reasons. Completing an update to the plan will create a document that more accurately reflects the existing recreation program , parks and facilities , documents trends that were not in existence when the plan was adopted in 2006 and provides survey data that reflects changes in community needs. Completing the update will also meet one of the standards required to achieve Park and Recreation Department accreditation in the future. RECOMMENDATIONS: Staff recommends award of the contract to update the Parks and Recreation Master Plan to GreenPlay, LLC . RECOMMENDED MOTION: "I move to award a contract to GreenPlay, LLC in the amount of $49 ,989 for consultant services to update the Parks and Recreation Master Plan per RFP-14-08 ." Or, "I move to postpone indefinitely the award of a contract to GreenPlay, LLC in the amount of $49 ,989 for consultant services to update the Parks and Recreation Master Plan per RFP-14-08 for the following reason(s)." REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Jennifer Nellis, Purchasing and Contracting Agent Patrick Goff, City Manager ATTACHMENTS: 1. Proposed fee per task budget 2 . Bid Tab Sheet •••••••••••••••••••••••••• ~ ... ~ n :I" 3 CD ::s ... ~ PROJECT: RFP-14-08 City of D ;.,...lrTl Wlieat. "L..~e CONSULTANT SERVICES TO UPDATE PARKS & RECREATION MASTER PLAN VENDOR LOCATION BIDDER ACKNOWLEDGEMENT FORM ACKNOWLEDGE ADDENDA (1) ILLEGAL ALIEN COMPLIANCE NON -DISCRIMINATION ASSURANCE FORM NON-COLLUSION AFFADAVIT PRICE SCHEDULE 5 COPIES and 1 ORIGINAL Qualifications of Firm References Experience of Staff and Team Approach, Tlmeline, Workload ,.. ... r: n :r 3 ., ::s ... N Logan Simpson GreenPiay LLC Design Inc . Louisville, CO Ft. Collins, CO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes pagel ofl ANWARING, DIRECTOR PARKS AND RECREATION ENED BY: JENNIFER NELLIS, PURCHASING AGENT - ' ~~·~ .... _ ., City of • JP'WheatR.Ldge ITEM NO: _'1~ DATE: July 14 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 38-2014 - A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,000 FOR THE INSTALLATION OF AIR CONDITIONING IN THE CHANNEL 8 EQUIPMENT ROOM D PUBLIC HEARING D BIDS/MOTIONS [8J RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N° READING D YES ~r ISSUE: Should the City Council approve a supplemental budget appropriation in the amount of $8 ,000 for the installation of air conditioning in the Channel 8 (WRTV8) equipment room ? PRIOR ACTION: No prior action has been taken. The City currently operates a government access channel with 24 hour programming available to residents. Due to the continuous use of the equipment the closet where this equipment is stored needs to be independently temperature controlled in order to protect the equipment from overheating and damage. FINANCIAL IMPACT: The requested amount of the supplemental budget appropriation is $8 ,000 for the installation of air conditioning equipment and the associated electrical work. This amount includes approximately 10 percent of the cost of the project for contingency. Public Education Go vernment (PEG) fee funds will be used to procure the equipment and services. CAF for AC in the Media Equipment Room July 14 , 2014 Page 2 BACKGROUND: The City of Wheat Ridge operates WRTV8 on a continual basis. The channel provides residents with access to live broadcasts and rebroadcasts of City Council and Planning Commission meetings. WRTV8 also airs otiginal content like our locally produced Wheat Ridge Top of the Hour program as well as programming from other entities including Jefferson County Library, Department of Public Health , Colorado Department ofTransportation and DIA to name a few . When the channel is not airing video content we provide a community bulletin board with infom1ation related to upcoming City sponsored events as well as non-profit information . The supplemental budget appropriation consists of transferring a total of $8 ,000 in revenues from the general fund designated PEG serves to the general fund program 1 11 budget. Per the City's franchise agreement with Comcast, PEG fee revenues may only be utilized to support equipment, software and maintenance associated with the operation ofWRTV8. PEG fee revenues cannot be co-mingled with other general fund revenues and the purpose of the funding is solely to support WRTV8 operations (not to include staff salaries or the purchase of programming). The current balance of available PEG fee funds is $215 ,664. This total includes all2013 PEG payments as well as the first quarterly payment in 2014 . Revenues have averaged approximately $42,000 per year. The estimated remaining balance after this expenditure will be $207 ,664. This expenditure confom1s to the City 's franchise agreement with Comcast. RECOMMENDATIONS: Staff recommends that City Council approve the supplemental budget request. Funding for the air conditioning upgrade is not budgeted in the general operating budget since PEG fee funding can only be utilized for WRTV8 services. RECOMMENDED MOTION: "I move to approve Resolution No. 38-2014 -A resolution amending the fiscal year 2014 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of$8 ,000 for the installation of air conditioning in the Channel 8 equipment room ." Or, "I move to postpone indefinitely Resolution 38-2014 -A resolution amending the fiscal year 2014 general fund budget to reflect the approval of a supplemental budget appropriation in the amount of $8 ,000 for the installation of air conditioning in the Channel 8 equipment room for the following reason(s) " REPORT PREPARED BY: Heather Geyer, Administrative Services Director Nathan Mosley, Assistant to the City Manager Patrick Goff, City Manager CAF for AC in the Media Equipment Room July 14 , 2014 Page 3 ATTACHMENTS: 1. Resolution No. 38-2014 2. J & S Services Proposal 3. Electrical Solutions Corporation Proposal CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 38 Series of 2014 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $8,000 FOR THE INSTALLATION OF AIR CONDITIONING IN THE CHANNEL 8 EQUIPMENT ROOM WHEREAS, the City Council recognizes Channel 8 broadcasting as an important communication tool to inform the community about City programming and services ; and WHEREAS , Public Education Government (PEG) Fees can only be utilized for equipment , software and maintenance needed for operating Channel 8 ; and WHEREAS , the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution . NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the installation of a ir conditioning in the Channel 8 equipment room . B. The City Council authorizes the transfer of $8 ,000 from the general fund designated PEG reserves to account number 01-111-800-812 and amending the 2014 fiscal year budget accordingly. DONE AND RESOLVED th is 141h day of July, 2014. Joyce Jay, Mayor ATTEST : Janelle Shaver, City Clerk Attachment 1 Proposal created for Proposal J & S Services, LLC 30.2 Yum Yum Tree ln Bailey, Co. 80421 303-519-8256 Fax# 303-816-6394 jimjsservices@aol.com JobNa e City of Wheat Ridge Wheat Ridge City Hal1 .Address 400S Kipling St City, State Zip Wheat Ridge, CO S0033 Pboae 303-748-621 J D te Sub 'ttcd June 15,2014 Job Address 7900 W. 29th Ave. Ci1y State Zip Wheat Ridge. co 80033 Co•tact Perso MikeFamU J & S Services proposes to furnish and install one Mltsubishi Electric 18,000 BTU Coo1ing only Ductless Spit A/C system for Courtroom Data Room. J &. S Services will ,provide all components for this system with the exception .of a main electrical drcult to the equipment service disconnect switch. All work to be performed during normal business hours. We hereby propose to furnish material and labor-In accordance to the above specifications, for the sum of: $6.,028.00 Payment to be made as fOllows: Billed at unit $lart-up. Terms: 30 days net. Acceptance of Proposal· The above specifications, prices and conditions are acceptable. I hereby authorize all work as specified. Payment to be remitted as outlined above J&S s.w. Tarek Morants ~ ~----~--- Attachment 2 Bectrical Mike Farrell Facilities Maintenance Supervisor City of Wheat !Ridge 4005 Kipling Street Wheat Ridge , CO 80033 mfarrel@ci. wheatndge.co.us June 23, 2014 lotions Co RE: "Split Unit" behind council meeting room power to the roof. Dear Mike: • Electrical Solutions Corp ,(IESq proposes as follows on the above mentioned project: $1157 Home run from 'Panel shown 'in hallway. Assume we can get additional wires down a pip.e with a junction box above ceiling . Assume no demo required if not possible then we will have to discuss this, but we should know shortly after starting whether it will work or not. Don't expe.ct problems. Per your direction Permit is free, but will need to be pulled and ins pected. Pulling fr,ee permit included. Per your direction the inspector told you that no receptacle circuit is needed by this unit, and none is provided in this proposal. No engineerin,g is included . Permit ,is assumed to not require engineering. All wall and ceiling penetrations will be fire caulked. No power to the lowe.r (indoor) unit as we were told that none is required. Disconnect on r:oof is provided by others. Conduit up to 10' from penetration out of building. MC Cable is quoted through the ceiling for the home run . Thank you for the opportunity to propose on this project. Sincerely, Ken Foust Accepted by ________________ Title _________ Date __ _ 3321 Harlan Street Whe t Ridge, CO 80033 Ph n 303·777·9095 F 303-777-o914 Attachment 3 ,~•, -_ ., City of • :rwheatRi_dge ITEM NO: ~ DATE: July 14 , 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 41-2014 - A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2014 0 PUBLIC HEARING 0 BIDS/MOTIONS (gl RESOLUTIONS QUASI-JUDICIAL: nelle Shaver, C1ty Clerk ISSUE: 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2ND READING 0 YES The City Charter ca11s for a municipal election in every odd-year to coincide with the elected terms for the Offices of the Mayor, Clerk , Treasurer and Council. Municipal elections are not held in the City of Wheat Ridge in even-numbered years unless a special election is warranted for a reca11 , referendum or initiative set forth by the electorate or the Council. In such cases , Charter Section 2.2 . gives the Council the authority to cal1 a special election. City Council wil1 potential1y refer a ba11ot question to the electorate of the City of Wheat Ridge for the November 4 , 2014 general election. Therefore, the City of Wheat Ridge is required to fonna11y cal1 a special municipal election for this date. PRIOR ACTION: None FINANCIAL IMPACT: The City has resolved to conduct this election as a coordinated election with the County of Jefferson. In the IGA with the Jefferson County Clerk & Recorder, the City wil1 agree to pay the relative additional costs determined and billed by the county to conduct the coordinated election for the City of Wheat Ridge. Council Action Fom1 -Special Election July 14 , 2014 Page 2 BACKGROUND: The County Clerk and the City of Wheat Ridge are authorized to conduct elections as provided by law . RECOMMENDATIONS: Staff recommends approval of the resolution ensuring the City of Wheat Ridge 's ability to coordinate any ballot issues that City Council chooses to refer at the November general election. RECOMMENDED MOTION: "1 move to approve Resolution No. 41-2014 , a resolution giving notice of and calling for a special municipal election to be held on November 4 , 2014." Or, "I move to postpone indefinitely Resolution No. 41-2014, a resolution giving notice of and calling for a special municipal election to be held on November 4 , 2014 for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: I. Resolution No. 41-2014 RESOLUTION NO. 41 Series of 2014 A RESOLUTION GIVING NOTICE OF AND CALLING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD NOVEMBER 4, 2014 WHEREAS, the City Council may call a Special Municipal Election pursuant to Section 2.2. of the Charter; and WHEREAS, the City Council desires to give notice of and call a special election to be held on the same date as the general election: November 4, 2014. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE: Section 1. Special election called. Pursuant to the Wheat Ridge Home Rule Charter Sections 2.2 and 16.8, the Council hereby gives notice of and calls for a Special Municipal Election to be held November 4 , 2014 for the purpose of referring potential Ballot Issues set forth in Section 2 hereof to the voters of the City in the manner set forth below: • Date: November 4, 2014 • Mail Ballot Election • Qualifications of persons entitled to vote: 18 years of age , registered to vote , resident of the City for at least thirty (30) days prior to the election . Section 2 . Ballot issues to be referred. The Council is still researching potential ballot question(s) to be referred to the voters. Section 3. Effective date; publication This Resolution shall be effective upon passage . The City Council hereby orders this Resolution published pursuant to City Charter Section 16.8. DONE AND RESOLVED THIS 14th Day of July, 2014. Joyce Jay, Mayor ATTEST : Janelle Shaver, City Clerk 1 Attachment 1