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City Council Agenda Packet 01/13/2014
6:45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING January 13, 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 December 9, 2013 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 . APPROVAL OF AGENDA .1: CONSENT AGENDA a. Motion to encumber funds for On-Call Traffic Signal and Repair Services to W .L. Contractors of Arvada, CO , in an amount not to exceed $45,000 .!;L Motion to encumber funds for On-Call Storm Sewer Cleaning and Repair Services to Quality Pipe Services of Englewood , CO, in an amount not to exceed $40,000 c. Motion to encumber funds for Bus Shelter Cleaning & Snow Removal Services and Bus Bench Refuse Collection and Cleaning for payment to Front Range Services, Inc. in a total amount not to exceed $36,000 in 2014 d . Motion to approve payment of the Sales Tax Increment Share Backs for November and December of Fiscal Year 2013 from the Wheat Ridge Urban Renewal Authority Town Center Project in the amount of $77 ,160.05 to Renewal Wheat Ridge e. Resolution No. 05-2014-approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment of $68,900 to the City of Lakewood CITY COUNCIL AGENDA: January 13, 2014 CONSENT AGENDA con't Page -2- f. Resolution 06-2014-approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning Academy Training for Police Officer Recruits PUBLIC HEARINGS AND ORDINANCES ON SECONG READING 2. Resolution No. 03-2014-authorizing the submission of an Environmental Protection Agency 2014 Brownfields Clean-Up Grant Application ~ Council Bill No. 14-2013-revising Chapter 26 Article VIII of the Wheat Ridge Code of Laws concerning Floodplain Control DECISIONS, RESOLUTIONS AND MOTIONS 4. Resolution 04-2014-approving the acquisition of private property for the purpose of constructing, installing, maintaining and using Public Improvements for the Kipling Street Multi-Use Trail by either negotiation and voluntary purchase or, if necessary , through the utilization of the City 's power of Eminent Domain, and authorizing such action as necessary to accomplish said purposes ~ Resolution 02-2014-amending the Fiscal Year 2014 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $40,000 for the required match for an EPA Brownfields Clean-Up Grant 6. Resolution 07-2014-approving an Amendment to the Intergovernmental Agreement with the Urban Drainage Flood Control District for the funding of future Maple Grove Reservoir Maintenance and Improvements 7. Motion to appoint Elected Officials to Outside Agencies fl Motion to ratify the Mayoral Appointment of Chad Harr to the Wheat Ridge Housing Authority fL Motion to ratify the Mayoral Appointment of Tracy Langworthy to the Wheat Ridge Housing Authority CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT to Executive Session 1. Legal advice from City Attorney concerning municipal court procedures CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING December 9. 2013 Mayor Jay called the Regular City Council Meeting to order at 7 :00p.m . APPROVAL OF MINUTES OF November 18. 2013 Motion by Mr. DiTullio for approval of the M inutes of November 18 , 2013 ; seconded by Mr. Starker; carried 7-0 , with Mr. Pond abstaining. 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; Parks Director, Joyce Manwaring ; Administrative Services Director, Heather Geyer; other staff, guests , interested citizens. PROCLAMATIONS AND CEREMONIES Civic Academy Graduation Mayor Jay and Counci l recognized the 18 graduates from the City of Wheat Ridge 2013 Civic Academy class . Civic Academy is an introduction to Wheat Ridge government. Program participants get an up-close look at the why and how of the many services the City provides to its citizens . Each member was presented with a certificate of completion and a challenge coin identifying them as graduates of the Civic Academy. The graduates recognized were : • Mary Apel • David Balczo • Jon Berquist • Lisa Berquist • Deb Bollig • John Clark • Brad Cook • Maire Daugharty • Kristine Disney • Carol Duran City Council Minutes December 9, 2013 Page 2 • Maire Daugharty • Greg Hammerly • Lisa Hollenbeck (Not present) • Diana Lopez • Vicki Ottoson • John Tanner • Liz Veeder • George Wells • Eric Wilson Rotary Club Donation Presentation Kim Graber, president of the Wheat Ridge Rotary, presented the Mayor with a check for $3,000, the third of five annual installments for public art and the dog park. She listed a number of projects that the Rotary has been and is currently involved in. CITIZENS' RIGHT TO SPEAK Albert Hohl (Wheat Ridge) thanked the City for televising the Council Meetings. From watching the meetings he first learned about the one lane road-which he likes. APPROVAL OF AGENDA Motion to approve the agenda by Mr. DiTullio; seconded by Mr. Pond; carried 8-0. ORDINANCES ON FIRST READING .1. Council Bill 14-2013 -Revising Chapter 26 Article VIII of the Wheat Ridge Code of Laws concerning Floodplain Control Mr. Pond introduced Council Bill14-2013 The proposed revisions to the existing floodplain ordinance amend Chapter 26 Article VIII of our Code. This action will adopt new state regulations adopted by the Colorado Water Conservation Board (CWCB), new floodplain maps and updated language to match current industry standards from the National Flood Insurance Program (NFIP). Motion by Mr. Pond to approve Council Bill No. 14-2013, an ordinance revising Chapter 26 Article VIII of the Wheat Ridge Code of Laws Concerning Floodplain Control, on first reading, order it published, public hearing set for Monday, January 13, 2014, at 7:00 p.m . in City Council Chambers, and that it take effect 15 days after final publication; seconded by Mr. Starker; approved 8-0 City Council Minutes December 9 , 2013 Page 3 DECISIONS, RESOLUTIONS AND MOTIONS 2 . Motion to award ITB-13-26, for the construction of a park at 44th and Kendall, to Goodland Construction , Inc. of Golden , CO in the amount of $901,405.90 with an additional contingency amount of $90,000 Ms. Davis introduced Item #2 This award includes the base bid amount of $877,420.90 and Add Alternate #10 in the amount of $23,985 for a total of $901,405.90. Alternate #10 includes a second shade shelter, picnic tables and grill. Motion by Ms . Davis to award ITB-13-26, for the construction of a park at 44th and Kendall, to Goodland Construction, Inc . for $901,405.90, with an additional contingency amount of $90 ,000; seconded by Mrs. Langworthy; approved 8-0 3. Motion to approve payment to ESRI Inc . in the amount of $38,000 for the annual license renewal for the Graphical Information System (GIS) Mr. Urban introduced Item #3 This is a budgeted item. The Environmental Systems Research Institute, Inc. (ESRI) is the sole provider of licensing and support for the City's GIS system . Renewing this contract will maintain and keep our GIS software up to date and provide the proper licenses to use the software. This package also includes software upgrades, bug fixes and patches, plus technical support to implement these software enhancements and fixes. This system maintains engineering, planning, land, and parcel data for the City. Motion by Mr. Urban to approve payment to ESRI, Inc. in the amount of $38,000 for the annual renewal of the Graphical Information System; seconded by Ms. Davis ; approved 8-0 4 . Motion to approve City Sponsorship of the 2014 Kite Flite Festival providing a financial contribution of $3,000 Mr. Starker introduced Item #4 Organizers of the Kite Flite Festival have requested $3 ,000 from the City to sponsor the Kids Crafted Kite Competition and provide kites to give away at the event. Motion by Mr. Starker to approve City sponsorship of the 2014 Kite Flite Festival, providing a financial contribution of $3 ,000 ; seconded by Mrs . Wooden. City Council Minutes December 9 , 2013 Page4 Mr. DiTullio voiced approval of the event, but noted this is 2013 money being spent on a 2014 project. He noted the Charter requires budget amendments to be done by resolution and suggested postponing this item to the January business meeting and doing it by resolution . Mr. Goff informed Council that this action does not amend the 2014 budget. It would take unused 2013 money from the Counc i l conference budget and transfer it to another line item and spend it in 2013 for a 2014 event. Motion by DiTullio to postpone the item to the first meeting in January so it can be done as a resolution to amend the 2014 budget ; seconded by Councilmember Urban. Discussion followed . Mrs . Langworthy asked if she should abstain because she is the treasurer for the Kite Flite Festival. City Attorney Dahl said she could vote if she doesn 't receive any monies for he r work. -She noted it would be helpful for planners to have the money now to fund publicity for kite classes at WR 5-8 and the DDRC (which also serves Wheat Ridge), and classes for the community . They'd like to expand it for Title 1 schools but need more funds for that. The motion to postpone failed 2-6 , with Councilmembers Wooden , Langworthy , Fitzgerald, Pond , Davis and Starker voting no . There was a question about what the money will be used for . Mrs . Langworthy informed Council that the City sponsorship is for event day prizes , but they need funds now for publicity for the classes . Main motion carried 7-1, with Mr. DiTullio voting no. 5 . Motion to reappoint Wanda Sang and Michael Snow as members of the Election Commission Mr. DiTullio introduced Item #5 . The Clerk read the title . The Charter creates an Election Commission whose charge it is to establish election procedures in certain circumstances. Charter Sec. 2.4 provides for the appointment of the Election Commission . The Charter directs that the Election Commission be appointed at the first meeting in December following a regular City election . Motion by Mr. DiTullio to appoint Wanda Sang and Michael Snow as members of the Election Commission , terms ending December 31 , 2015 ; seconded by Mr. Starker; approved 8-0 City Council Minutes December 9, 2013 Page 5 6. Motion to appoint Silke Popp to the Planning Commission as a Representative of District IV, term to expire March 2, 2015 Mrs . Wooden introduced Item #6. Due to a resignation there is a vacancy for a representative from District IV. Motion by Mrs. Wooden to appoint Silke Popp to the Planning Commission, representing District IV, term to expire March 2, 2015; seconded by Mrs. Langworthy; approved 8-0 . 7. Motion to adopt the 2014 Regular City Council Meeting Calendar Mrs. Langworthy introduced Item #7 The City Council meeting schedule is set by the Council Rules and the City Charter. Due to holidays when the City is closed the following meetings are recommended for cancellation in 2014: Study Session, January 20th. Martin Luther King, Jr. Day Study Session, February 1 ih, President's Day Regular Council Meeting, May 26th. Memorial Day Study Session, September 1 s , Labor Day Motion by Mrs . Langworthy to adopt the 2014 City Council Regular Meeting Calendar as presented; seconded by Mrs. Wooden ; carried 8-0. Motion by Mrs. Langworthy to add public meetings on three 5th Mondays as follows: March 31-Districts I & II; June 30-Districts Ill & IV; Sept 29-a citywide meeting; seconded by Mr. Pond . Ms . Davis suggested that the citywide meeting be on March 31 so the public could give input on 38th Avenue. Discussion followed. Motion by Mr. DiTullio to amend the 5th Monday schedule by setting only the citywide meeting in March and let Council consult their calendars later before deciding the location of the other two public meetings; seconded by Mr. Urban; carried 7-1, with Mr. Fitzgerald voting no. Discussion followed. Main motion, as amended , for 5th Monday meetings carried 8-0 City Council Minutes December 9, 2013 Page 6 8. Resolution No. 47-2013-designating the City Hall Lobby as the Official Public Notice Posting location and the Wheat Ridge Transcript as the Official Newspaper of General Circulation for the City Publications in 2014 Mr. Fitzgerald introduced Item 8. State statutes require that each municipality annually establish the location for posting public notices and the newspaper in which the notices will be published. It is recommended the City continue to use the Wheat Ridge Transcript and the City Hall Lobby as in previous years. There were a few questions from the Council and some discussion. Motion by Mr. Fitzgerald to approve Resolution No. 47-2013, a resolution designating the City Hall Lobby as the official public notice location and the Wheat Ridge Transcript as the official newspaper of general circulation for City publications in 2014; seconded by Mr. Starker; approved 8-0 CITY MANAGER'S MATTERS Mr. Goff shared some items of good financial news . Through November the annual general fund revenues are up 4.8 %. Three residential projects pulled their permits early which provided extra revenue, and sales tax revenues are up about 4%. Mr. Goff also announced the City is a partner in a grant award. The Colorado Health Foundation awarded the Jewish Family Service a 3-year award of just under $1M to implement a naturally occurring retirement community pilot project in Wheat Ridge. The funds will be used to pay for many of the same services provided in the community through the Seniors Resource Center and the Jefferson Center for Mental Health. CITY ATTORNEY'S MATTERS CITY CLERK'S MATTERS ELECTED OFFICIALS' MATTERS Jerry DiTullio distributed paperwork containing the wording for motions to add items to future agendas . Motion by Mr. DiTullio to add a quick discussion to a study session in January 2014 concerning the funding of a part-time staff person to work with the Wheat Ridge Historical Society; seconded by Mr. Urban. Comments and discussion followed. City Council Minutes December 9, 2013 Page7 Motion by Mr. Starker to amend Mr. DiTullio 's motion by striking the word "January" and replacing it with the words "at the earliest practical time"; seconded by Mr. DiTullio. More discussion and questions followed. Motion tied 4-4, with Councilmembers Pond, Langworthy, Wooden and Davis voting no. The Mayor voted no and the motion failed. Main motion to discuss a part-time position for the Historical Society failed 2-6, with Councilmembers Wooden, Langworthy, Fitzgerald, Pond, Davis and Starker voting no . Motion by Mr. DiTullio to add a discussion to the next available study session in 2014 concerning the additional funding and expansion of the senior circulator bus in Wheat Ridge with the Seniors Resource Center (SRC); seconded by Councilmember Urban. Council comments followed . Motion failed 3-5 with Councilmembers Wooden , Fitzgerald, Pond , Davis, and Starker voting no. Mr. DiTullio read from his application for appointment to the WR Housing Authority citing his background and knowledge of local government and the WRHA, being a founding member of the Authority, his commitment to the rehabilitation of single-family housing stock in eastern Wheat Ridge and his involvement with the purchase of the Fruitdale School. Bud Starker congratulated the folks attended the Civic Academy. He encouraged people to consider applying for a board or commission. He wished all Happy Holidays. Zachary Urban noted he toured the twin tunnel project on 1-70 near Idaho Springs last week. He thanked the workers for finishing the project on time and under budget. -He also said he enjoyed the festivities with the tree lighting last night. -He thanked the people who took time to do the Civic Academy and wished everyone a Merry Christmas. Kristi Davis congratulated the Civic Academy class . -She encouraged people to apply for a board or commission. -She thanked her neighbors and community members for support to her and her family . -Happy Holidays and it's very important to spend time with your family . George Pond thanked the folks who participated in the Civic Academy --noting he went through the Civic Academy and thanked staff for their work on it. -He 's happy about all the activity in town and wished all Happy Holidays. Tim Fitzgerald thanked staff, WR2020 , Lutheran Hospital, and WR Cyclery for the lighting festivities . -He encouraged folks to be involved in the City. -Merry Christmas. Tracy Langworthy thanked the folks for participating in the Civic Academy . She was in the very first class when it took longer, so she appreciates the commitment involved . - She appreciates the folks who braved the cold temperatures to come to the lighting festivities. -Be safe during the holidays. City Council Minutes December 9, 2013 Page 8 Genevieve Wooden wished everyone Happy Holidays and Happy New Year.-She thanked the folks who came out in the cold weather last night. -She said WR2020 would be having their annual meeting this Thursday . Mayor Jay thanked those who came out last night. -She encouraged folks to do their Christmas shopping in Wheat Ridge. --She thanked everyone for helping her through the meetings and wished everyone Happy Holidays. Motion by Councilmember DiTullio to adjourn ; seconded by Councilmember Starker; carried 8-0 . Meeting adjourned to Study Session at 8:23 pm APPROVED BY CITY COUNCIL ON December 9 , 2013 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. ~~·~ .. ~ ~ City of • :rwlieatRi_dge ITEM NO:~ DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ENCUMBER FUNDS FOR ON-CALL TRAFFIC SIGNAL AND REPAIR SERVICES TO W.L. CONTRACTORS OF ARVADA, COLORADO, IN AN AMOUNT NOT TO EXCEED $45,000 D PUBLIC HEARING fZI BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES fZI NO c~ The Public Works Department is requesting an encumbrance of funds for on-call traffic signal and repair services for 2014. These services are needed in order to provide for various traffic signal repairs within the City as determined by Staff. PRIOR ACTION: City Council awarded RFB-12-28, On-Call Traffic Signal Maintenance Contract on August 27 , 2012 to WL Contractors of Arvada, Colorado. FINANCIAL IMPACT: The approved budget amount for the on-call traffic signal repair services for 2014 is $45 ,000. This encumbrance can be accommodated in the 2014 Public Works Department General Fund Budget, Account Number 01-303-700-704, Contractual Services. BACKGROUND: On August 27 ,2012 , Council awarded RFB-12-28 , On-Call Traffic Signal & Repair Services to W.L. Contractors of Arvada , Colorado , in an amount not to exceed $55 ,000 , with an option to renew for up to three additional one-year periods ; $45 ,000 is budgeted in 2014 for contracted on- call traffic signal repair services as determined by staff. Council Action Form January 13 ,2014 Page 2 RECOMMENDATIONS: Staff recommends that City Council approve the encumbrance of$45,000 for on-call traffic signal and repair services. RECOMMENDED MOTION: "I move to encumber funds for on-call traffic signal and repair services to W.L. Contractors of Arvada, Colorado , in an amount not to exceed $45 ,000." Or, "I move to deny approval of the encumbrance of funds for on-call traffic signal and repair services to W.L. Contractors of Arvada , Colorado, in an amount not to exceed $45 ,000 for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson , Operations Manager Scott Brink , Public Works Director Jennifer Nellis , Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. RFB-12-28 , On-Call Traffic Signal Repair Services, Executed Contract & Renewal " .. " . prwi:.~t:~ Rf8.12·21 0 .CALL TRAFFIC IGNAL MAINTENANCE & REPAI . ERVICES AGR TH AGR made 1 \,-#-.day of ' EPTE . , 2012, by and between the City of Wheet Ridge, Colorado, hereinafter referred to at the •City'" or -owner" ai1d W. L. CON'I'RACT ; Inc., 1 Cotorado Corporallon, loclted at 820 l.Mn8r t.. Arveda. CO • hereinafter referred to as the "Conbaccor". WITNESSETH, that the City of Wheat Ridge and the ContradOr agree a follows: The Contta:tor s I serve . . the CitY'• Contractor and provfde as a minimum Ill Of the MfVic:et and products required In thfs R 1Z.J ON.CAU. TRAFFIC IGNAL MAINTENANCE ·& REPAJ ERVICES AGREEMENT, the vendor's bld, and any agreed rnodiftcatJona. 6ftl1CLE I-TERM The work to be performed under this Agreem nt sMtt commence upon Councft approval, receipt of t91ed agreement and I utanee c:ompfiance . THE TERM FOR TH AGREEMENT I ~ SO, 20f3,. wrTH THE OPTION TO RENEW FORTH E£ (3) ADDmONAL 0 e .. yEAfl PERIODS, at the sole disctetioo of the City. Pricing remain finn for 'the ,renewal petl()ds. The agreement may be automatically ....-.wed Jf: • The Cfty faits to contact your fum prior to the end of the current term regarding the to renew • All pricing remain the gme and • The scope or 'WOrk or apeciftcatJona are not changed or modified. The ctty hereby l9eft to pay ·the Contractor the amounts yequfed for work approved by the Cly, at the un prices s forth In tha Contractora proposal, In accordariOe wllh the provl&lons and subject to the conditions set fonh In this ~ent and the documents ref'Med to above. ARDClE 4 -INDEf!ENQENT CONTBACJOR A. In performing the work under th' All m nt, the Contractor acta as an Independent con1raetor and IS solely responsible for necnsery and adequa wort a c:ompensation insurance, person injury and property dam inSurance. as well as errors and omilsJons Insurance. The Contraetor, as an lndepende t contractor obOgared to pay federa and stale Income tax on rnon1e1 ..-ned. The personnel employed by CorrtraDtor .. not and • not become ernp1oyees,. 11gen1s or terVants or the City because of the perfonnlllCe of any work by 1hif AQreemeol 8 . The Contractor warran that 'it has not employed or retained any company or person, other than a bonafide employee worldng solely for it, to solicit or secure this Agreement, 8nd It hal not paid or agreed to pay any company or person, other than bona fide mployaes WOfU1g solely for Ute Contractor, y commission, percenlage, brOkerage fee. gifts. or any other consideration, contilgent upon or resuttlng from the award or making of th ""eement. For breach or violation of this warranty, the City Will have the right to annul th Agreement without liability, or In dlscrellon to deduct from the Agreement price or consideration, or olhetwlae recover the fu I amount of such fee, commission, percentage, brokerage ' , gfft, or contingent fee. ARnCLE 5-IN§UBANCE In accordance with Article 4 above, t Conttactor shall furnish a certtrteate of insurance upon noliflcatlon of award and prior to performance. Work shall not commence under th' Agreement until the Contractor h s Attachment 1 submitted to the City and received approval thereof, a c:ertlfteale of Insurance showing compliance with the following minimum types and CO\I8f'8g8S d lnsu1'8nce. Iwt of Insurance Standard Workers' Compenutlon Including Occupallonal Disease Coverage & Employer~ Uabllty Comprehensive General Liability Insurance Comprehensive Automobile Minin!ID Limits of LJabl!ty Statutory in CXH1fonnanoe with the compenutlan !awl of lhe Stele of Colorado 5600,000 each pet1011 ; Not less than $1 ,000,000 aggregate Umit Minlmum d $600,000 combined $ingNt limit auto ir1$U181'10e All liability policies and/or Certlflcatn of Insurance shall Include the City of Wheat Rktge as an additional named Insured . Nothing herein shall be deemed or construed as a waiver of any of the protections to ¥.1'dch the Agencies may be entlled punsuant to the Colorado Governmental Immunity Act, sections 24-10.101 , C .R.S .• 8S amended . ARDCLC 1-INDEMNIFJCAIJON The Contractor agrees to lndemnlfy and to hofd the City and its agents harmless for . from and against any and all c:181ma. aulta , expenses, damages or other llabllilies, Including reasonable ltlomey fees and court oosts arising out of damage or Injury to persons , entitieS . or property cau or sustained by any person or persona a a result of the negligent 1performance or fa ure of the Contractor to provide services pursuant to the terms of this Agreement. ARIJCLE 7-CHANG£ ORDERS 08 EXJENSIQNS The City may, from time to tlme, require changes In the scope of servlc:es of the Contractor to be performed herein. Such c:Ninges, ncluding any lnerease or decrease In the amount of the Contractor's compensation, .must be mutua y agreed upon In writing by lhe City and the Contractor . The Contractor II be compensated for all authorized changes In aervicel, pursuant to the Request for Proposal, or If no provision exists, pursuant to the terms of the Change Otder. ARDCLE, 8-EQUAl, E¥PLOYMENJ OPPQRTUNfiY A . The Contractor shall not discriminate against any employee or applicant for employment because or age, race, COlor. religion , sex. or national origin. The Contractor shall adhere to acceptable affin'naUv ac::tion guidelines In selecting employees and shaD ensure that employees are treated equally duri ng employment , without regard to their age, race. color, religion , sex. or national origin . Such action shaJI include, but not be l hnlted to the following ; employment, upgadlng, demotion or transfer, recruitment. or recruitment advertising, layoff or term ination, rates of pay or other form& of ·compensation , and setectlon for tralnlng , Including apprentfceshlp., The Contractor agrees to post In conspiCuous places, available to emplo)tees and appUcants for employment. notices provided by the local public agency setting forth the proVisions of thit nondiscrimination clause. B. The Contractor wiD cause the foregoing provisions to be Inserted In aM subcontracts for any work covered by this Agreement so that such provisions will 1be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or ubcontract& for standard commercial supplies or raw materials. ARnCLE 9-CHARJER. LAWS AND ORDINANCES The Contractor at all times during the perfonnance of this Agreement, .agrees lo strictly adhere to all app licable Federal, Stale and Looal l aws , rules , regulations, and ordinances that affect or govern the work as 2 contemplated under thla Agreement. MJICLE 10-LAW MD VENUE The taws of the Sttt. of Colorado sh811 govern as eo the lnter'pret8tlon, val'tdtty. and effect rA this ~· The partie~ agree th8t venue and jurisdiction felt dllpuln regarding perfonnance of this contract 11 wtth the Dia1lict Cotl1 of Jefretson County, Colorado. ABDCI.I11 -TERMINATION A. The Contractor acknowledges that his falure to IICCOmplith the work a delcrlbed shell be oontic:lenKt a material breaCh of the contract and entlte lhe City to c:on&equenU8I d8magea resulting from fatures , acts. or omiNionl inCluding bUt not limited 1o ~ coar. .. fnlufftc:lenl or improper wor1t. The City and the Contractor .-e thlS 0011•act may be canceled for cause by either party wlh a l1fteen (15) day prior writt n notice . The coat d completklg the portion of the wortc which remaJns unpefformed at lhe time of such termination shad be deducted from the contract price before payment 11 made. B. The City may termlna the /qeement for Ita convenience upcm thirty (30) days written notice. In the event of auct1 term nation, lhe Contractor wll be paid fOf I wort< and upenaeslncurred up until ttte time .or auc:h tennlnaUon . c . AI work accomplished 1by the Oontrac:tor ,prior to the dale or uch tennlnatlon. ah811 be recorded end tangible work doCUments shall be transferred to and become the toJe property of the City .prior to payment for MfVioM rendered. ARDCLE 12-NOIJCEJ Not• or communication given pursuant to this Agreement lhal .be made In writing to; Cttv Conblct: ConbiiCtor Conlat: Greg Knudson Tlml.uch Public Works Ooerallons Manager W. L COnttaQtors Inc . 7500 W. 29"' Ave . Ave. 592() Lanw Sl Wheat Rkfoe. CO 80033 Ar\tada co 80003 aknud&onCDci.Wheatlidae.co.us TlmGTeanWLcom Phone: 303-205-7601 Phone; 303-422-7985 Fax: 303-431·7139 Fax: 303-422-3028 AftDCLE 13-ASSIQNMJNI ANQ IU8CONTBACTORS The dutieS and obligations of the ~ ana~ hereund cannot. be assigned. delega ed, nor subcontracted except wllh the express written consent of lhe City. The subcontractors pennltted by the City shall be ·subject to the req lrements of this Agreement. and the Contractor Is reeponstlle for I subcontrac1ing atrangementt and the· deUvety of eervlc:es as set forth in th Agreement The Contractor shall be responsible for the performance of any sub-contractor. ARDClE 14-SEVEBASILIIY To the extent that the Agreement may be executed and petformsACe of the obligations of the parties may be accomplished with n the Intent or the Agreement , the terms of this Agreemen are severable , and shOUld eny term or provision hereof be declared invalid or become inoperative for ·any reason , such Invalidity or fi ure shall not affect the vatldity of any other term or provision hereof. The waiver of any breach or a term heteof sha n not be construed as a waiver of any other term, or the same term upon subsequ nt breach . 3 ARDCLE 15-INTEGMDOH OF YNDERJTNtDfNGS This ~rnent Intended as the complete Integration of all understandings between the pwties. No prior « contemporaneous addition, deletion. or other amendment hereto have any force and effecl vl\ataoeva-, unless embodied herein in writing . No subsequent novation, renewal , addition, deletion, or otlltf· amendment hereto shalf have any force or effec::l unlen embodied n writing and signed by an authorized representative of the City and the Contrador . · ARUCY: 11-AUTHORIZATION Eadl party represents and warrants that It has the power and a· fly to enter Into thJI Agreement, to grant the rt{ilta gtanted herein and to perfonn the duties and obllgatlonl delatbed herein. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authoriZed Officials, this Agreement In two (2) originalS, each of whiCh shall be deemed n original on the date fnt written above. ATTEST: TtTLE DATE OWNER· ~s..a~+ ., t>JtJS m1& TIT f-l0-(2- ... ~·, .. , r-City of • JP'Wheat:Ri_dge ITEM NO : _llt. DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ENCUMBER FUNDS FOR ON-CALL STORM SEWER CLEANING AND REP AIR SERVICES TO QUALITY PIPE SERVICES OF ENGLEWOOD, COLORADO, IN AN AMOUNT NOT TO EXCEED $40,000 0 PUBLIC HEARING ~ BIDS/MOTIONS 0 RESOLUTIONS 0 ORDINANCES FOR I sT READING 0 ORDINANCES FOR 2 N° READING QUASI-JUDICIAL : 0 YES ISSUE: The Public Works Department is requesting an encumbrance of funds for on-call storm sewer cleaning and repair services for 2014 . These services are needed in order to provide for the ongoing, annual cleaning, video inspecting and /or as-needed repair of stonn sewer lines and appurtenances. PRIOR ACTION: City Council awarded ITB-11-36 , On-Call Storm Sewer Cleaning and Repair Services Contract, on November 28 , 2011 to Quality Pipe Services of Englewood, Colorado. FINANCIAL IMPACT: The approved budget for the storm sewer cleaning and repair services for 2014 is $40,000. This encumbrance can be accommodated in the 2014 Public Works Department General Fund budget, Account Number 01-303-700-704 , Contractual Services. BACKGROUND: On November 28 , 2011 Council awarded ITB-11-36 , On-Call Storm Sewer Cleaning and Repair Services, to Quality Pipe Services of Englewood, Colorado , in an amount not to exceed $50,000 with an option to renew for up to three additional one-year periods ; $40,000 is budgeted in 2014 for contracted sewer clean ing and video inspection services . Council Action Form January 13, 2014 Page 2 RECOMMENDATIONS: Staff recommends that City Council approve the encumbrance of $40,000 for on-can st01m sewer cleaning and repair services. RECOMMENDED MOTION: "I move to encumber funds for on-ca11 storm sewer cleaning and repair services to Quality Pipe Services of Englewood, Colorado, in amount not to exceed $40,000." Or, "l move to deny approval of the encumbrance of funds for on-call storm sewer cleaning and repair services to Quality Pipe Services of Englewood, Colorado, for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Scott Brink, Public Works Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: I. ITB-11-36, On-Can Stonn Sewer Services, Executed Contract & Renewal ' . !#w~Ri9ge CITY OF WHEAT RIDGE fTB..U·J6 ON-cALl. STORM SEWE MAINTE a AG EM€NT THIS AGREEMENT, ntade this ~day of .MMMIU..IIlLl by and between the City of Wheat Ridge, Colof'No, hereiMfter called •awne,-and QUALnY PE -VIaS, INC., dolns business as an Individual, whose business address is 700 W PPI AV£NU£, IC-3, D co IOlU . hereinafter called "Contractor". WITNESSETH : That for ancf, in consldetatton of the JMV~Mnts and acreements hereinafter mentioned the part~ ree as follows : 1. The Contractor crees to furnish I materi Is, supplies, tools, equipment, labor and other services necessary to complete the usks of the Project titled, 11'8-U--36 ON-cALl STORM SEWER C£ In accordance wlttl the Conttact Bld Oocvments . . 2. The Contnctor qrees to perform aD the Wortc described In the Contract Bid Documents and comptv with the terms therein for the total not to exceed mount of am IHOU$AND DOtJNI$ JS»QJJJ. 3. The Contractor •arees to commence the Wort required by the Contract Documents wit tun F (14) C31endilr Ays after approval bv Counc · . Term is for one year with the option to renew for three (3) one·ve•r periods. 4 . The term "CONTRACT BID DOCUMENTS'" means and indudes the followina : A Sisnature P e J Bid Bond 8 Advertisement for Bids K Asreement c Information for 8idders l Payment Bond D Contractor Quatification M Perfonnanc:e Bond E Bid Form N Notice to Proceed F Sid Schedule 0 Final Receipt G Ust of Subcontractors p Spedal Provisions H Non<ol usion Affldav · Q General ProvisiOns lllepJ ADen Certification R Addenda S. The Owner will pay to the COntractor in the tmnner and at such times as set forth in the General Conditions, such amounts a requ red by the Contrad Documents. 6 . Section 2 ·3 of the City 's Code of laws is presented below: (a) FISCAL YEAR . Fiscal year for the City sha I commence on January 1 and end on DKember31. Attachment 1 (b) BUDGET CONTAINS APPROPRIA'nONS . The City COuncil Shall annually adopt a budset In a manner consistent with the provisions of CNpter )( of the Home Rule Charter of the City of Wheat Ridp. Upon the amual adoption by City Council of each year's budJet, levels of authorized expenditures from the funds Indicated with n the an ual bqet itself and/or the lldoptlnc resotutlon shalt constJtute the appropriation of the amounts SJ)Kifled therein for the purposes specifted there n. Ourinc the course .of e~ch fiscal year, ~pproviil by the City Coundl of contracts for 1oods or services, ~nd/or approvaJ of bids for the provision of $pecified aoods or wrvice:s, shill likewise constitute appropriations of the amounts specified therein for the purposes .specffied therein. (c) NO CONTRACT TO EXCEED APPROPRIATION . Ourlllfl each and any fiscal year, no contract entered Into by or on behalf of the City shall expend or contract to ei(J)end any money, or Incur any tlabillty, nor shall any contract be entered Into nor eny bid be awarded by on beNtf of the City which, by Its terms, involves the expenditure of money for any of the purposes for which provision Is made either in the adopted budpt or adopting resolution is made either in the adopted budget or idopting resolution, indudi"' any leaally authorized amendments thereto, in excess of the amount appropriated In the bud et or the approved QJntract or bid amount. Arrv QOntract or bid award, either verbal or written, made in violation of the provisions of this Section shalt be void as to the Cilty and no City monies from any source whatsoever shall be paid thereon. (dl AMENDMENTS AND AUTHORIZED EXPENDITURES. Nothlns contained herefn shall preclude the City Council from adoptl"' supplemental appropriation In a manner consistent with the provisjons of Section 10.12 of the Home Rule Charter of the City of Wheat Rldse . Further, nothing conta ned In this Section shall prevent the malclrtl of contracts for pemmeml services or for Qpltal outlay for a period exceedlnc one year If such QJntracts are otherwise allowed by the Home Rule Charter of the City; provided, however, any contract so made shall be executed only for the amounts agreed to be ,paid for such services to be rendered In succeeding fiscal years. (e) NOTICE TO PARTIES CONTRACTING WITH THE CITY. All persons contracting with, or sellll'tl soods or services to, the CJty are hereby placed on notice of the provisions of thls Section. The provisions of this Section shall become a part of the Merit System Personnel Rule$ ind Regulations of the Cfty of Wheat Ridse; shall be referred to specifically fn all pubfte works bid documents and contracts; and shall be incorporated into, or spedflcatly noted within, all other contracts entered Into by or on behalf of the City ~rein City funds are used to pay for said contract. (f) The City may, by contract.. require the contractor awarded a public works contract to waive , release or extinguish It nghts to ~ver costs or damages, or obtain an equ1table adjustment, for delavs In perform inc such contract, If such delay is caused 1 in whole or part, by ~cts or omissions of the City or Its agents, if the contrect provides that an eJCtension of time for completion of the work Is the Contractor's remedy for such delay . Such a dause Is valid and enfon:e•ble, any provlsion of State Law to the contrary not wJthstandlrc. (I) The City Count I, by this ordinance, dedares Its local contractJna powers to be a matter of purely tocat concern, Hd further $peCifiQity intends to supersede, pursuant to itS powers under Article XX of the Colorado Constitution, the provisions of Sections 2._91-101 and 1M.5, C.R.S ., Insofar as they conflict with the provisions of this Section of the Code of Laws of the Oty of Whut Rldse, Colorado. 7 . NClDCIS Any notice or c;ommunbtion liVen pursuant to this Aareement to the City shall be m• In wrftln&: QtyeontKt: Gtq Knudson 7.500 w 29 Avenue, Wheat Rldee 80033 Office: 303-235-2869 Fax: 303-235-2857 Contrador c..t.d: Scott Boyd 700 W M1ssisslppl Avenue, IC3 Denver, CO 80223 8. The COntractor a tees to abide by the requirements under EXECUTIVE ORDER NO. 11246 as amended, lndudln& spedflcally the provisions aoverned by the Eqtal Opportunity Commission and also to abide by the requrements of the IMMIGRATION REFORM AND CONTRACT N:r OF 1986 And The Requirements Of The AMERICANS WITH DISABiliTIES Act Of 199L 9 . In accordance with CRS Title 24, Artlde 91, Section 103.6, Parqraph 2, SubPintJfiph a, the City of Wheat Ridse hereby st.t.es that funds have been pproprilted for this Project In an amount equal to or in e)CCI!SS of the Orialnal Contract Amount. 10. utesal Aliens -Public Contracts for Services. CRS 8-17.5-101 and Public uw 210, 104"' Consre$$, as amended and e..,.nded In Public Law 156, 108"' Consress, as amended : The Contactor certifies thlt he/she shall comply with the provl5ions of CAS 8-17 .5- lOlet seq . The ~eontr~ttor shaH not know!~ employ or com~ct with an Ulept allen to petforrn work und r this contract or enter into a contract with a subcontractor that knowinafy employs or contram with an illepl len . The Contractor represents) warnnts, and .,rees that It (I) has verified that It does not employ any iltepl aliens, throuch participation In the Basic Plot Employment Verification Program administered bv the Sodal Security Admin stratton and Department of Homeland Security, or (II) otherwise will compty with the requirements of CRS 8·17.5-101 (2){b)(l). The Conttactor shall eomply *lth all reasonable requests made n the course of an lnvestlsation by the CO Def)lrtment of Labor and Employment . tf the Contractor falls to comply with any requi~tnent of this provision or CRS 8-17.5-101 et seq ., the City may terminate this contract for breach and the Conttactor shalf ~ liable for actual nd consequential damages to the City . 11 . This Aareem nt shall be blndtnc upon all parties hereto and their respective heirs, eJCetutors, .ctministA~tors, successors, and ~lsns . IN wrTNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Asrftment In Two (Z) copa, each of which shan be deemed an orlsinal on the date first above written . ATTEST : DATE (Seal) AIJEST TO CONJRAQOR: OWNEI. aTY OF WHEAT IUDGE 7500 W 29111 AVENUf WHEAT IUDGE, CO 100!3 30J..ZJ4..5900 COHIMCJOR QUAliTY PIPE SEJMCES, INC. 700 W MISSISSIPPI AVENUf, IC·3 D£~COI02n PRINT NAME q( -eSi J.,,J:i: TtTL£ ~. ~ .. ~ ~ " City of • JP'Wheat:Ri_dge ITEMNo:M DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ENCUMBER FUNDS FOR BUS SHELTER CLEANING & SNOW REMOVAL SERVICES AND BUS BENCH REFUSE COLLECTION AND CLEANING FOR PAYMENT TO FRONT RANGE SERVICES, INC. IN A TOTAL AMOUNT NOT TO EXCEED $36,000 IN 2014 D PUBLIC HEARING ~ BIDS/MOTIONS D RESOLUTIONS Public ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES ~ NO ~ The Public Works Department is requesting an encumbrance of funds for bus shelter cleaning and snow removal services and for bus bench refuse collection and cleaning services for 2014. PRIOR ACTION: None FINANCIAL IMPACT: The approved budget for the bus shelter cleaning and snow removal services is $20 ,000. The approved budget amount for bus bench refuse collection and cleaning services is $16 ,000. The total amount requested for encumbrance for these services is $36,000 and can be accommodated in the 2014 Public Works Department General Fund Budget, Account Number 01-303-700-704 , Contractual Services. BACKGROUND: Per the executed agreement dated July 12 ,2012 by RFB-12-21 , Bus Shelter Cleaning and Snow Removal Services, the City contracted with the low bidder, Front Range Services, Inc., of Commerce City, Colorado , for a period of up to four years to provide weekly cleaning, refuse collection, graffiti removal , minor general maintenance and as needed snow removal services for Council Action Form January 13, 2014 Page 2 30 bus shelters and bi-weekly refuse collection and as needed cleaning services for 66 bus benches. RECOMMENDATIONS: Staff recommends that City Council approve the encumbrance of $36,000 for bus shelter cleaning and snow removal services and for bus bench refuse collection and cleaning services by Front Range Services, Inc., of Commerce City, Colorado. RECOMMENDED MOTION: "I move to encumber funds for bus shelter cleaning and snow removal services and bus bench refuse collection and cleaning for payment to Front Range Services, Inc. in a total amount not to exceed $36,000 in 2014." Or, "I move to deny approval of an encumbrance of funds for bus shelter cleaning and snow removal services and bus bench refuse collection and cleaning for payment to Front Range Services, Inc. in a total amount not to exceed $36,000 for the following reason(s): " REPORT PREPARED/REVIEWED BY: Greg Knudson, Operations Manager Scott Brink, Public Works Director Jennifer Nellis, Purchasing Manager Patrick Goff, City Manager ATTACHMENTS: 1) RFB-12-21 , Bus Shelter Cleaning and Snow Removal Services Agreement ' I " •• -. City of . JP'WlieatRtgge RFB-12-21 BUS SHELTER CLEANING AND SNOW REMOVAL SERVICES AGREE ENT THI AGREEMENT made sll1!l day of l1lL:!., 2012, by and be n the City of Wheal Ridge, Ccforado . hereinafter referred to as ·the "C Y" or "Ownr and FRONT RANG SERVICES, INC., a CoiOICido Corporation, located at E. 54111 PLACE, CO RCE CITY, CO 80022, he er refemtd to as the "Contractor". WITNESSETH. thai the City of W at Ridge and the Conttactor agree as follows~ ARDCL£ 1 -SERYfCES The Con raetor shafts es the City' Contractor and provide s a m · . um J.of the ~ sional services required per 'RFP·12·21 BUS SHELTER CLEANING 0 OW R OVAL SERVICES. as more fully desat:HKf In the Request for Proposal (Exhlbft I) and the response of the Contractor to the RFP (Exhibit II) ncorporsted herein by reference . MDCLJ 2-JifJM The term of lh Agreement shaJI be ttupyab Jylv 31· 2R!J. with 'the option to renew for up to tour <•> add tlonal one-year t rms . Pricing II rem n finn for each re period. ARTICLE 3 ·PAyMENT AND FEE scHEDULE It ·ts und tood and agreed by and be n the part o honor the proposed schedule for aennces . A. toyo1ces Invoices wDI be subm tted by the Contractor monthly for services perfonned arld penses Incurred pursuant to this Agreement during the prior month. The proc:esslog of payment be xpedited by the Treasurer's Offaoe through proper account ng procedures . Payment be made 10 the Contractor within thllt~ (30) days of the reoe~ of the pproved Invoices for~ rendered . B. ·funding There Is In effect with n the City of Wheat Rid • Colorado. a provision or the C y's Code of Laws which 1m the mount for which the City shal l be liable to the amount expr ly appropriated by the City Couneil, either through budgeted appropriatiOn, or ·contract or bid rd. The contractor Is peciflcally advised of the prov Ions of th is portion of the Code of Laws of the Chy of Wheal Ridge, which wa enacted pursuant to Ordinance 787, Ser of 1989, · d expressly incorporated here n. ARDCI.E 4-lf!PEJ!ENDENT CONTRACTOR A. tn performing 1he work under th Agreement , the Contractor acts as an independent contractor and Is oJely respons ble for nece sary and adequate wort(er's compensation insurance, personaF njury, nd propert)' d mage Insurance , swell as enors and omlss'ons Insurance. The Contractor, a an Independent contractor. is obligated to pay federal and t income tax on monies earned. The personnel employed by the Contractor are not nd hall not be<:ome employees , agents or servants of the CHy because of the performance of any work by ., Agreem nt. B. The Con raetor warrants that ft h no mployed or retalned any company or petSon. other than a bonafide ernplo~ workfng solely for H. to lCit or secure this Agreement. and that it has not pald or agreed to pay any company or person, other than bona fide empk)yees wafting solely for the Contractor. any comm ion , percentage. brol(erage fee. gifts, or any other con !deration, contingent upon or result ng from the award or mak ng of thia Agreem nt. For be ch or violation of this warranty, the City wlll have the right lo annul th ~ m nt hout liab' ity or in its discretion lo deduct from the Agreement prtce or con !deration, or otherwise recover the fu amount or such fee , commission , percentage . brokerage fee , gift , or cant ngent fee . Attachment 1 ARTICLE 5-INSURANCE In accordance with ArtlcJe 4 above, the Contractor shaD fum h a certificate of nsurence upon notification of award and prior to performance . Wcm shall not commence under this Agreement until the Contractor has submitted to the City and rece ived approval thereof, a cerf ate of Insurance showing compliance with the following minimum types and cover of ins~.nnce . Tyve of lnsulilnce Standard Workers' Compensation lnduding Occupational Disease Coverage & Employer's Liability Insurance Comprehensive General liability Insurance Comprehensive Automobile Minimum Limits o1 UabPitv Statutory in conformance with the ·compensation laws of the S1a1e of Colorado , covering all employees at work •ite $600 000 combined single limit , per occurrence: $1.000.000 rojnimum aggregate Umlt $1 ,000,000 combined single limit L b lity poflcles and/or C"itrtifteates of Insurance shall ndude the City of Wheat Ridge as an additional named Insured. Requ ired Coverage hall be as required by the Department of Transpor13Uon nd Public Utilities Comm ission rules and regulal ons . Nothmg herein shal l be deemed or construed as a waiver of any of the pro eotion& to, Which 1he Agencies may be entitled pursuant to the Colorado Governmental Immunity Act , sections 24-10-101 , C.R.S., as amended . ARDCLE I -INDEMNIF!CAJJQN The Contractor agrees to ndemnify end to hold the City and Us agents harmless for , from end aga nst any and all claims , suits , expenses , damages or other liabilities. ncluding reasonable attorney fees and coun costs arising out or damage or njury to persons. entlies. or property causes or sustained by any person or persons as a result of the negl nt performance or failure of the Contractm to provide serviCes pursuant to the terms of this Agreement. ARTICLE 7 -CH!H9E OBPEBS OR EXTENSIONS The City may, from time to time , requ ire changes in the scope of serviCeS o1 the Contractor to be peJformed herein. Such changes , Including any inae4lse or decrease In the amoun1 of the Contractor's compensation . must be mutually agreed upon in writing by the City aAd the Contractor. The Contractor shall be compenMted for aU authorized changes n services , pursuant to the Request for Proposal , or If no provision exists , pursuant to the terms of the Change Order. ARTICI.E 8-EQUAL EMPLQYMENI OPPORTUNlJY The Contractor shall not diScrim nate ega nst any empJoyee or applant for employment becauu of age, race , color . relig on . sex , or national origin. The Contractor shall adhere to acceptable afllnnative action guideline$ in selecting employees and ,shall ensure that employees are treated equal y dur ng employment. Without regard to their age, race , color, reJiglon, sex. or national orig n . Such action rshallindude , but not be limited to the fol owing: employment. upgrading, demobOI"' or transfer , reGtUitment or recruitment adv rtising . layoff or term natJon, rate of pay or other forms of compen&alion . and selection for train ng, lndud ng apprentioesh p., The Contractor agrees lo post n conspicuous places , ava lable to employees al1d applicants for employment , notice provid d by the local publiC agency · en ng forth the provi ions of lhis nondiscriminatiOn clause. 2 The Contractor will cause the foregoing provisions to be inurtecl in all subconlraets for any work covered by th Agreement so lhat such provisiOnS will be binding upon each subcontractor. provided that the foregoing provisions shall not apply to contracts ot subcontracts for standard commercial supplies or rew m s. ARDC\.E 9-CHARIER. LAWS MD ORDINANCES The Contractor at all times during the performance of thts Agreement , agrees to 5trictly adhere to all appllcabte Federal, State and Local laws. rules, regu tlon • and ord"manc:es that at'feet or govern the work eontemplated under th ' Agreement. ~L£ 10-LAW AND yENUE The taws of the State of Colorado ahaJI govern as to the nterpretation, validity, and effect of this Agreement The parties agree that venue and jurisdiction ·ror d sputas regat'djng performance of this contract · with the 0 strict Cour1 of Jefferson County. Colcndo. MDCLE 11 -TERMINATION The Contractor acknowledges that hts fa lure to eecompl h the work a deScribed shall 'be considered a ma breach of the contract and entitle the City to consequential dam~ resulting from faitl.ne$, acts , or omlsaJons fnduding but not lim eel to teproc:urement costs, .insufficient or lmP'OI* work . The City nd the Contrector egree this contrec:t may be .cancefed for cause by either patty with a n (15) day prior wt1tten notiCe . The c:ost of compfeting the portion of the work which remains unpetformed at the time of such term naUon , shall be deducted from the contract price before payment IS made. The C y may terminate the Agreern nt for its convenience upon thirty (30) days written notice . tn the event of such term nation , the Contractor Will be paid for a work and expenses incurred up until lhe time of such termination. Al l work accompl ' hed by the Contractor prior to the date of such tftrmination shall be r:ecorded , and tangible \IIIOI'K documents shal l be transferred to and become the sole property of the City prior to payment for ervlce · rendered . ARTICLE 12 -NOTICES Notice or communication given pursuant to th is Agreement shall be made 1ln writing to : CitY ConUc:t: li Cofttlaclor eom.ct: Grea Knudson leonard Austin Operations Me~ Public Works Front RaJ:IQ8 Services Inc . 11220 w. 45"' Avenue 6980 E . 54'" ~ce I Wheal Ridae. co 80033 Commerce atv. co 80022 .eo.us :net Phone: 303-205-7601 Phone; 303-591-7197 Fax : 303-423-3578 Fax: 303-399-4313 AR1'1C g 13-ASSIGNMENT AND SU8CONJRACTORS The duties and obi t1on of the Contractor arising hereunder cannot be assigned , delegated, nor ubcontracted except with the express written consent of the City. The subcontradors permitted by the City shan be subject to the requiremeniS or this Agreement , and the Contractor is responsible for all subcontracting arrangements and the delivery of services as set forth in this Agreement. The ,Contractor shal l be respons ible for the performallCe or any sub-cOntractor. ARTICLE 1•-SEYfRABILilY To the extent that the Agreement may be executed and performance of the obligations of the parties may be 3 accompliShed within the tnt nt or lhe Agreemen · the terms of this Agreement are severable, and should any term or prov s on hereof be declared lnval d or become moperathle for any r< son , such invalidity or fa ure 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 e watver of any other term , or the arne term upon subsequent breach. ARTICLE 15-INTEGRATION OF UNDERSTANDINGS This Agreement is intended as the comp in gration of aU understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force and effect whatsoever, unless embodied herein n wri1lng . No subsequent novation, renewal , addilfon , deletion, or other amendment hereto shall have any force or effect unless embodied in writing and signed by ao authorized representative of the City and the Contractor. ARDCLE 16-ILLEGAL AUEN COMPJ.fANCE ILLEGAL ALIENS -PUBLIC CONTRACTS FOB SERVICES . CRS 8-17.5-101 end Pub! c Law 208. 1041 " Congress , as amended and expanded in Publlc Law 156, 108• Congress , as amended: The Contractor certJfles lhat helshe shall comply with the provisions of CBS &-17 .5-101 el seq . The Conti: ctor sh not knowingly employ or contract with an II n to pelfonn work under this contract or ent into a contrac::t with a subcontractor that knowingly employs or contracts with an illegal allen. The Contractor represents , warrants. and agrees that it (I) has verified lha:l · does not employ any Ulegal aliens , through partlQpation in the Basic ~~ Emptoymen Verification Program .adm tered by the Social Security Administration and Department of :Homeland Security. or (If) otherWise wnl comply with the requiremen of CRS 8-17 .5-101(2)(bX'I). The Contractor &hall comply with all reasonable requests made In the course of n mvestlgatlon by the CO Department of Labor and Emplo)'menl. :If the Contr ctor fa Is to comply with any requ rement of this pro,,. ion ()r CRS 8-17.5--101 et eq., the Crty may term nate th is contract for breach and the Contractor shall be I able for actual and consequential damages to the City. 4 MDCL£ 17-AUTHOBIZADON Each party represents and warrants that it has the power and ability to enter into this Agreement . to grant the rights granted herein and to perform the duties and obligations described hel'ein . IN WITNES.S WHEREOF . the parties hereto have executed. or caused \o be executed by their duly authorized offlcials , this Agreement In two {2) original • eaeh of which shall be deemed an original on the date first wriden above. A nEST: ~~ GERALD IQAHL, CnY ATTORNEY (CORPORATE SEAL) ATTEST: NAME C!o"'f+r.ti.J-. TITLE · 7-t1 _,,. DATE 5 .OWN£8 CITY OF WHEAT RIDGE 7500 W 29TH AVENUE WHEAT RJOGE. CO 80033 (303)234-M;T~ ~ITULUO . MAYOR CONTRACTOR FRONT RANGE SERVICES, INC. UIO E. 54111 PLACE COMMERCE CITY, CO 80022 ·~r;) SIGNATURE 'fl?e>, QP.., ' rme LE:pti Ai!:Y Au:;r r t-:1 ........ ... J , City of • :rwheat:Ri9ge ITEM NO: DATE: January 13,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT OF THE SALES TAX INCREMENT SHARE BACKS FOR NOVEMBER AND DECEMBER OF FISCAL YEAR 2013 FROM THE WHEAT RIDGE URBAN RENEWAL AUTHORITY TOWN CENTER PROJECT IN THE AMOUNT OF $77,160.05 TO RENEWAL WHEAT RIDGE 0 PUBLIC HEARING C8J BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES C8J NO The 2013 November ($38,453.25) and December ($38,706.80) sales tax increment share backs for Wheat Ridge Town Center North due to Renewal Wheat Ridge (RWR) total $77,160.05. Expenditures over $35,000 require City Council approval. FINANCIAL IMPACT: The 2013 budget includes a total of$400,000 for sales tax increment share back with RWR. BACKGROUND: The City adopted the Wheat Ridge Town Center Urban Renewal Plan on December 14, 1981, which provided for the utilization of property and a sales tax increment in the commercial area east of Wadsworth Boulevard, between West 38th Avenue and West 44th A venue. The property tax increment expired in 2006, after 25 years. Through an IGA between the City and the Wheat Ridge Urban Renewal Authority (WRURA) signed on June 26, 2006, the sales tax increment was amended so that the maximum increment for the Wheat Ridge Town Center Project paid to R WR shall not exceed $100,000 in any fiscal year and the increment was extended to and includes December 31, 2008. An Council Action Form January 13 , 2014 Page2 amendment to the IGA in October 2007 removed the $100,000 annual cap and extended the agreement to December 31, 2014. In September, 201 I the City Council approved, via Resolution No. 49-2011 , an increase in the payment from 50% to 100% of the sales tax increment share back through December 31 , 2014. RECOMMENDATIONS: Staff recommends distribution of the sales tax increment share backs for November and December of fiscal year 2013 in the amount of$77,160.05. RECOMMEND.ED MOTION: "I move to approve payment of the sales tax increment share backs for November and December of fiscal year 2013 from the Town Center Project in the amount of $77 ,160 .05 to Renewal Wheat Ridge." Or, "I move to deny payment of the sales tax increment share backs for November and December of fiscal year 2013 from the Town Center Project in the amount of$77,160 .05 to Renewal Wheat Ridge for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art , Economic Development and Urban Renewal Manager Patrick Goff, City Manager ... ~'" .. ~ ~ City of • JP'WheatRi_.dge ITEMNO:~- DATE : January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 05-2014-A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES AND AUTHORIZING PAYMENT OF $68,900 TO THE CITY OF LAKEWOOD 0 PUBLIC HEARING 0 BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: 0 ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING 0 YES In 2006, the Wheat Ridge Police Department entered into an Inter-Governmental Agreement (IGA) with the Lakewood Police Department to provide forensic crime lab services. This agreement was prompted by recommendations made in the 2004 Police Department Organizational Assessment, which recommended civilianizing the department's crime lab and using the two sworn crime lab detective positions for other police functions. The disbursement of$68 ,900 is made to the City of Lakewood in four quarterly payments for forensic crime lab and crime scene services. PRIOR ACTION: After reviewing the available options, the department entered into an agreement with the Lakewood Police Department to provide forensic crime lab services. The first IGA , an 18-month agreement was approved in June , 2006 and ended December 31 , 2007. Due to the success of this agreement , it has been continued. The City of Lakewood requires IGA 's to be approved annually. This agreement has again been successful over the past year, and it is recommended the agreement to be continued for the period between January 1, 2014 and December 31 ,2014. Council Action Form -Lakewood Crime Lab lGA January 13, 2014 Page 2 BACKGROUND: The Wheat Ridge Police Department has used forensic crime lab services from the Lakewood Police Department since the original IGA was signed in 2006. The Wheat Ridge Police Department has found the Lakewood Crime Lab to be responsive and professional. This partnership provides the Wheat Ridge Police Department with immediate access to all of Lakewood Crime Lab personnel as needed. In addition, it has allowed Wheat Ridge access to high-quality forensic services at a cost which is substantially lower than even basic forensic services could be provided internally. FINANCIAL IMPACT: Payment is budgeted in account 01-212-700-704. Per the agreement, Wheat Ridge will pay salary and benefit costs for one Lakewood Crime Lab position at $61 ,610 for 2014. Preliminary overtime costs have been estimated at $5 ,900 per year, bringing the total personnel costs to $67 ,510 per year. In addition, the department will provide for the replenishment of supplies consumed in the course of an investigation at a cost of $1 ,390. In comparison, salary and benefits costs for one Wheat Ridge Police senior detective position are $92,082 , and estimated overtime costs of$8 ,000 bring the total costs for a sworn detective position to $100,082. This IGA saves the department approximately $31 ,182 a year. RECOMMENDATIONS: The police department recommends maintaining the partnership with the Lakewood Police Department. This JGA makes the police department more efficient and effective, and enhances the level of service to the community. It also provides the department with the opportunity to redeploy a sworn position to the Investigations Bureau. RECOMMENDED MOTION: "I move to approve Resolution No. 05-2014 -a resolution approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services and authorizing payment of$68,900 to the City of Lakewood." Or, "I move to table indefinitely Resolution No. 05-2014 -a resolution approving an agreement between the City of Lakewood and the City of Wheat Ridge for Crime Lab/Crime Scene Services for the following reason(s) " REPORT PREPARED BY: David Pickett, Investigations Commander Daniel Brennan, Police Chief Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 05-2014 2. Intergovernmental Agreement Between City of Lakewood and City of Wheat Ridge CITY OF WHEAT RIDGE, COLORADO RESOLUTION 05 Series of 2014 TITLE: A RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF LAKEWOOD AND THE CITY OF WHEAT RIDGE FOR CRIME LAB/CRIME SCENE SERVICES AND AUTHORIZING PAYMENT OF $68,900 TO THE CITY OF LAKEWOOD WHEREAS, the Lakewood Police Department possesses both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, the Wheat Ridge Police Department is desirous of utilizing these resources to more effectively manage its crime scene investigation; and WHEREAS, one additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team sufficient to service Wheat Ridge's needs; and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one full-time employee; and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of the forensic crime lab and personnel hereafter described in this Agreement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: This Agreement shall be in full force and effect on the date that both Parties have executed this Agreement (the "Effective Date"). This Agreement shall automatically renew for one-year terms on the anniversary of the Effective Date. A Party may terminate its participation in this Agreement with or without cause after 90 days written notice to the other Party. DONE AND RESOLVED this 131h day of January 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1 AGREEMENT THIS AGREEMENT is made and entered as of the 151 day of January, 2014, by and between the CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Wheat Ridge"), and the CITY OF LAKEWOOD, COLORADO, a Colorado municipal corporation, (hereinafter referenced as "Lakewood"). RECITALS WHEREAS, Lakewood possess both a forensic crime lab and personnel that provide services that enhance investigative capabilities on crime scenes; and WHEREAS, Wheat Ridge is desirous of utilizing these resources to more effectively manage its crime scene investigation; and WHEREAS, one (1) additional Crime Scene Analyst hired by Lakewood will adequately staff the crime response team sufficient to service Wheat Ridge's needs; and WHEREAS, the effect of the additional Crime Scene Analyst will be that Wheat Ridge will receive services equivalent to one (1) full-time employee; and WHEREAS, the parties wish to establish a cooperative working relationship between them to provide for the use of the forensic crime lab and personnel hereafter described in this Agreement. COVENANTS NOW THEREFORE, in consideration of the recitals, covenants, and promises herein set forth and other good and valuable consideration herein received, the parties agree as follows: 1. Definitions. As used herein, the following terms have the meanings set forth: a. Ancillary scene/ancillary crime scene: A scene that is not the primary scene of a call-out. Ancillary scenes include, but are not limited to: hospitals, vehicles and the Lakewood Police Department when used to create search warrants and process victims and/or suspects. b. Call-out: A request made by either the Wheat Ridge or Lakewood Police Department for a Crime Scene Analyst, and any other personnel as may be deemed necessary, to visit a crime scene and to begin the investigation and analysis necessary to resolve that particular case. c. Court preparation: Includes, but is not limited to: photo processing and preparation, diagram production, pre-trial meetings, consultation and other work done to prepare for any court proceedings resulting from a crime scene investigation. d. Crime Scene/Scene: Either a primary or ancillary scene as defined in this section. Attachment 2 e. Crime Scene Analyst: A non-sworn member of the Lakewood Police Department specializing in crime scene investigation. f. Forensic crime lab/crime lab/lab: A lab specially designed to aid in the investigation and analysis of evidence found at a primary crime scene or any ancillary crime scene. g. Image analysis: Follow-up work done in the lab, which includes, but is not limited to: review of images and providing stills from surveillance tapes. h. Latent print work: Follow-up work done in the lab, which includes: processing, evaluation and comparison of fingerprints, as well as entry of such fingerprints into Lakewood's A.F.I.S. (Automated Fingerprint Identification System), A FIX and I.A. F .I.S. (Integrated Automated Fingerprint System). i. Overtime: Time worked by any Crime Scene Analyst beyond the normal working hours as scheduled on a weekly basis. j . Primary scene/primary crime scene: The location where a crime is committed. 2. Availability of crime scene investigation resources. Lakewood shall make its forensic crime lab and personnel available to Wheat Ridge under the terms set forth in this Agreement. 3. Scope of services. Wheat Ridge may make a call-out request for a Crime Scene Analyst in the circumstances as set forth in Exhibit 1 (the "Call-out Policy") herein attached. Lakewood shall provide the following services to Wheat Ridge in conjunction with each Wheat Ridge call-out: a. At least one (1) Crime Scene Analyst at the primary scene of the call-out; b. At least one (1) Crime Scene Analyst at any ancillary scenes; c. Chemical preparation for any required processing at a scene; and d. Follow-up preparation and evaluation of evidence in Lakewood's or Wheat Ridge's lab . Follow-up in the lab includes, but is not limited to: i. Documentation of clothing and other items of evidentiary value; ii. Bloodstain pattern analysis both at the scene and in the lab. Bloodstain pattern analysis includes presumptive testing for blood; iii. Latent print work; iv. Footwear and tire track processing and comparison; v. Alternate light source examinations; vi. Fracture match examinations; 2 vii. Image analysis; viii. Image processing and the archival storage and reproduction of images which includes: time, material and storage expense; ix. Report writing and diagramming , which includes laser mapping; x. Gunshot residue collection; xi. Court preparation; and xii. Court testimony. 4. Procedure. All evidence that is not needed for immediate forensic examination shall be booked into Wheat Ridge property and evidence. Wheat Ridge shall be responsible for any required viewings of evidence. 5. Standard, access and quality of service. With regard to all services provided under this Agreement, when responding to a request from Wheat Ridge, Lakewood shall provide the same standard of service, quality of service and accessibility to Wheat Ridge, as it does for all of its own call-outs. At a minimum, at least one (1) Crime Scene Analyst will respond to all primary and ancillary crime scenes. Additional personnel may be called to the scene as necessary and as they become available. In light of the addition of a new full-time Crime Scene Analyst pursuant to Paragraph ?(a) hereof, it is the expectation of the parties that this staffing increase will permit a Crime Scene Analyst to respond to any Wheat Ridge and/or Lakewood call-out for evidence collection. 6 . Assignments. Assignments to each call-out shall be made by Lakewood. Wheat Ridge shall provide security for any Crime Scene Analyst who is at the scene of a Wheat Ridge incident. 7 . Compensation. In return for services provided and access to crime scene investigation resources, Wheat Ridge shall compensate Lakewood in the following manner: a. Salary. benefits and other associated costs. Wheat Ridge shall pay the salary, benefits and other costs associated with Lakewood retaining one (1) full-time Crime Scene Analyst. During the first twelve (12) months of employment, salary for said employee shall not exceed $61,610. Salary shall be payable in advance in quarterly installments of $15,402.50. Changes in salary, benefits, overtime and other associated costs of this Agreement shall be made during each party's budget process, (typically completed in the months of May and June) but in no event shall such changes be communicated to the other party later than one (1) week prior to submission of the final budget to the party's respective City Managers' offices for approval. i. Overtime. Wheat Ridge shall pay all hourly overtime costs for Crime Scene Analysts on Wheat Ridge call-outs at the overtime rates paid by Lakewood for all overtime incurred 3 by such Crime Scene Analysts. Within thirty (30) days of receipt of the invoice from Lakewood, Wheat Ridge shall pay all overtime costs incurred. The parties understand that this rate may change from time to time, upon 45 days advance written notice from Lakewood to Wheat Ridge . b. Replenishment of supplies. The City of Wheat Ridge agrees to provide replenishment of supplies consumed in the course of an investigation. These supplies include , but are not limited to, fingerprint powder, tape and brushes, casting material and chemicals used in the development of latent impressions and latent blood detection. c. Personnel support. The City of Wheat Ridge agrees to provide financial support for the analyst in the amount of $1 ,600 per year. This funds the employee 's training costs , pager, cell phone and clothing expenses . This fee will be billed quarterly in pro-rated amounts. d. Scope. This Agreement shall not be read to include access to Lakewood's Computer Forensics Technician . 8. Staffing. The Lakewood forensic crime lab shall be staffed by Lakewood employees exclusively. Lakewood shall hire one (1) additional Crime Scene Analyst who will be a Lakewood employee for all purposes , including, but not limited to: discipline and supervision. 9. Records and retention. All physical records and evidence generated by the crime lab and its personnel shall remain in the possession of Lakewood for the limited purpose of forensic examination. Upon completion of such examination, such physical records and evidence shall be maintained by Wheat Ridge . Legal ownership of such records and evidence from any Wheat Ridge crime scene shall remain exclusively with Wheat Ridge. Wheat Ridge shall have all responsibility for responding to records inspection requests and any subpoenas for records with respect to Wheat Ridge crime scenes . 10 . Use of facilities. Lakewood shall have access to the Wheat Ridge facilities necessary to carry out this Agreement. Furthermore , Lakewood shall have access to the evidence facility owned by Wheat Ridge located at 11220 W . 451h Avenue, Wheat Ridge, Colorado 80033-2500 . 11 . Compliance with Colorado Constitution Article X Section 20. The obligations of the parties hereunder are expressly subject to annual appropriation of amounts necessary in the sole and exclusive discretion of their respective governing bodies . Nothing in this Agreement constitutes or is intended to create a multi-year fiscal obligation or debt of either party within the meaning Article X, Section 20 of the Colorado Constitution . 12 . Effective Date. This Agreement shall take effect on the 1 st day of January, 2014 , or upon execution of this Agreement by both parties , whichever event occurs last. 4 13. Term. The term of this Agreement shall be twelve (12) months from the Effective Date. 14. Termination. Either party may terminate this Agreement for any reason upon providing sixty (60) days notice to the non-terminating party; provided, however, that the non-terminating party is given at least thirty (30) days to effect a cure. Notice of termination must state the reason the party is terminating the Agreement such that the non-terminating party is given adequate information to cure. Any notice given under this section shall be sufficient if personally delivered or if sent by certified mail, return receipt requested, addressed as follows: If to Wheat Ridge: 7500 W. 29th Ave. With a copy (which shall not constitute notice) to: If to Lakewood: With a copy (which shall not constitute notice) to: Wheat Ridge, CO 80033 Gerald E. Dahl Murray Dahl Kuechenmeister & Renaud LLP 2401 15 1h Street, Ste. 200 Denver, Colorado 80202 Lakewood Public Safety Ctr. 445 S. Allison Pkwy. Lakewood, CO 80226 Office of the City Attorney Lakewood Civic Center 480 S. Allison Pkwy. Lakewood, CO 80226 Notices personally delivered shall be effective upon delivery. Mailed notices shall be effective three (3) business days after mailing. 15. Waiver. Failure to insist upon strict compliance with any of the terms, covenants and/or conditions hereof shall not be deemed a waiver of such terms, covenants and/or conditions, nor shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed a waiver or relinquishment of such right or power at any other time or times. 16 . Amendments to Agreement. No changes, alterations or modifications to any of the provisions hereof shall be effective unless contained in a written agreement signed by both parties. 17 . Entire Agreement. This Agreement shall constitute the entire agreement between the parties hereto and shall supersede all prior contracts, agreements, proposals, representations, negotiations and letters of intent, whether written or oral, pertaining to the subject matter of this Agreement. 18. Governing law; severability. The laws of the State of Colorado shall govern the interpretation, validity, performance and enforcement of this Agreement. For the resolution of any dispute arising hereunder, 5 jurisdiction and venue shall be proper and exclusive in the Courts of the County of Jefferson, State of Colorado . If any provision of this Agreement shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected thereby . 19. Paragraph headings. Paragraph headings are inserted for convenience only and in no way limit or define the interpretation to be placed upon this Agreement. 20. Binding agreement. This Agreement shall be binding upon and for the benefit of the parties hereto, their successors and assigns . IN WITNESS WHEREOF , the parties hereto have executed this Agreement on the day and year first above written . WHEAT RIDGE: ATTEST: By: _________ _ Janelle Shaver, City Clerk LAKEWOOD: ATTEST: By: __ ----=-----=--=---- Margy Greer, City Clerk CITY OF WHEAT RIDGE, COLORADO, a Colorado municipal corporation By : __________ _ Joyce Jay, Mayor APPROVED AS TO FORM: By: ___________ _ Gerald Dahl, City Attorney CITY OF LAKEWOOD, COLORADO , a Colorado municipal corporation By: _______ -=-----=---=------ Kevin Paletta, Chief of Police APPROVED AS TO FORM: By:----=-----=---=-------- Office of the City Attorney 6 Exhibit _1_ Call Out Policy Call Out Policy 1. Homicides and attempted homicides 2 . Questionable (suspicious) and accidental deaths 3. Suicides 4 . Felony Sex Assaults 5 . First & Second degree assaults on police or fire personnel. 6 . Assaults with potentially life threatening injuries to any person. 7 . Fire investigations involving human death or potentially life threatening injuries; or at the request of fire investigators for technical assistance . 8 . Felony child abuse. 9 . First or Second degree kidnapping 10. Police involved shootings. 11. Other types of incidents when the sensitivity of the investigation or a forensic complexity precludes the normal processing option , at the discretion of the supervisor. 7 ~. ~ -" r City of JP'Wheat.R.i_,dge ITEM NO: __}_£_ DATE : January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 06-2014 - A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING ACADEMY TRAINING FOR POLICE OFFICER RECRUITS 0 PUBLIC HEARING D BIDS/MOTIONS I:8J RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES The Wheat Ridge Police Department has the periodic need to send police officer recruits to training academies. The City does not have the resources to operate a training academy of its own. This resolution approves an agreement under which the Wheat Ridge Police Department ma y send its police officer recruits to a regional training academy operated by the City of Lakewood and the Jefferson County Sheriff's Office . PRIOR ACTION: None FINANCIAL IMPACT: The cost to the City to send its recruits to the Academy is$ 4 ,200 per recruit , and is in the 2014 Police Department Budget. BACKGROUND: In Colorado , a person must pass certain tests and minimum standards required by the Colorado Peace Officer Standards and Training (POST) Board to be qualified as a police officer. As is the case with other area law enforcement agencies , the Wheat Ridge Police Department occasionally Council Action Form -IGA with Lakewood for Police Training Academy January 13,2014 Page 2 hires new police officer candidates who have not already been trained to be police officers and who have not yet obtained POST certification. These officer candidates must be fully trained and obtain POST certification before performing any duties as police officers. The training of new police officers commonly occurs in an academy atmosphere where many recruits receive the same training at one time. The City's Police Department does not have the resources to provide such extensive training and typically sends its new recruits to academies operated by outside agencies. This practice has been a cost-effective way of providing recruits with quality training. At the end of the Academy, recruits are given the POST certification written examination. If a recruit passes this test, he or she obtains the state certification necessary to be a police officer. RECOMMENDATIONS: Staff recommends approval of the resolution. RECOMMENDED MOTION: "I move to approve Resolution No. 06 -2014, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning academy training for police officer recruits." Or, "1 move to postpone indefinitely Resolution No. 06-2014, a resolution approving an Intergovernmental Agreement between the City of Wheat Ridge and the City of Lakewood concerning academy training for police officer recruits for the following reason(s) REPORT PREPARED/REVIEWED BY: Carn1en Beery, City Attorney's Office Daniel G. Bretman, Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 06-2014 2. Recruit Training Use Agreement " TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 06 Series of 2014 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF WHEAT RIDGE AND THE CITY OF LAKEWOOD CONCERNING ACADEMY TRAINING FOR POLICE OFFICER RECRUITS WHEREAS, pursuant to C.R.S. § 29-1-203, the cities of Wheat Ridge and Lakewood, Colorado are authorized to enter into cooperative agreements with other governmental entities to provide any function, service or facility each is authorized to undertake; and WHEREAS, Lakewood and Wheat Ridge are each authorized to perform law enforcement functions pursuant to Section 6, Article XX of the Colorado Constitution and C.R.S. § 31-15-401; and WHEREAS, such law enforcement functions occasionally necessitate the training of new police officer recruits; and WHEREAS, Wheat Ridge does not employ a large enough number of police officer recruits or dedicated training staff to operate its own law enforcement training academy; and WHEREAS, the City of Lakewood operates a law enforcement training academy, in cooperation with the Jefferson County Sheriff's Office; and WHEREAS, the Wheat Ridge Police Department recommends sending its police officer recruits to said academy, under those terms and conditions set forth in the intergovernmental agreement attached to this resolution; and WHEREAS, the Wheat Ridge City Council finds that approval of the attached agreement would promote the public health, safety and welfare by providing cost- effective quality training to future Wheat Ridge police officers; and WHEREAS, in accordance with Section 14.2 of the City's Home Rule Charter, the City Council wishes to approve said intergovernmental agreement by resolution. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: The Police Recruit Training Agreement by and between the City of Lakewood and the City of Wheat Ridge, concerning the training of Wheat Ridge police officer recruits at the Combined Regional Academy, attached to this resolution and incorporated herein by reference, is hereby approved. The Mayor and City Clerk are authorized to execute the same. Attachment 1 DONE AND RESOLVED this 13th day of January, 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 2 POLICE RECRUIT TRAINING AGREEMENT This agreement is made and entered into this 13th day of January, 2014, by and between the City of Lakewood, a municipal corporation of the State of Colorado, with offices at 445 South Allison Parkway, Lakewood, Colorado 80226, on behalf of the Jefferson County Sheriff's Office and Lakewood Police Department's Combined Regional Academy hereinafter referred to as "Academy;" and the City of Wheat Ridge, a municipal corporation of the State of Colorado, with offices at 7500 W. 29th Avenue, Wheat Ridge, Colorado 80030 hereinafter referred to as "Wheat Ridge". WITNESSETH: WHEREAS, the City of Lakewood and Jefferson County, Colorado conduct a joint training academy for the training of law enforcement officers; and WHEREAS, Wheat Ridge is desirous of having three police recruits attend the Jefferson County Sheriff's Office and Lakewood Police Department's Combined Regional Academy; and WHEREAS, Article XIV, Section 18 of the Colorado Constitution provides for agreements of this sort, NOW, THEREFORE, for the mutual covenants and promises and other valuable consideration it is hereby agreed as follows by and between the City of Lakewood and Wheat Ridge. 1 . Purpose of Agreement. The purpose of this agreement is to provide Wheat Ridge with training of its police recruit officers at the Academy. 2. Term of Agreement. This agreement shall be in effect for six months from the date set forth above. The provisions relating to insurance and the covenant not to sue shall survive the termination of this agreement. 3. Description of Training. The Academy shall provide classroom instruction as well as all testing and evaluation of the Wheat Ridge police recruits in the areas required by the State of Colorado Peace Officer Standards and Training including, but not limited to, firearms training, police driving, and arrest control. The Wheat Ridge recruits shall be provided an opportunity to take the Colorado Peace Officer Standards and Training certification examination. 4. Payment. Wheat Ridge shall pay the Academy, at the commencement of the recruit academy, $4,500 per Wheat Ridge recruit. If the participation of a Wheat Ridge recruit terminates prior to his or her completion of the twelfth (12th) week of the Academy, Wheat Ridge shall be refunded a portion of its payment for such recruit as mutually agreed upon by the parties. Attachment 2 5. Termination . Either party upon written notice may terminate this agreement. 6. Independent Contractor. The City of Lakewood , Jefferson County, and Wheat Ridge are governmental entities . No officer or employee of one entity shall be considered an officer or employee of the other for any purpose , including worker's compensation and any other benefit. The Wheat Ridge recruits are Wheat Ridge employees and are not eligible for any salary or benefits from the City of Lakewood or Jefferson County. 7. Insurance. The City of Wheat Ridge shall continuously maintain Worker's Compensation coverage in accordance with the Worker's Compensation Act of the State of Colorado and employer's liability coverage of the standard worker's compensation policy. Wheat Ridge is responsible for any deductible losses under the policy or payment of any retention amounts under a self-insurance program. A certificate of insurance acceptable to the Risk Management Division of the City of Lakewood must be provided at the time the parties execute this agreement hereto unless both parties arrange otherwise . Each party agrees to maintain general and auto liability , law enforcement liability, and public offic ials ' liability insurance . Wheat Ridge agrees to provide a certificate of insurance to the City of Lakewood, Risk Management Divis ion . Such certificate shall state that 30 days ' notice of any cancellation of such insurance will be provided to the City of Lakewood. All cancellation notices shall be sent to the City of Lakewood , Risk Management Division . 8. Covenant not to sue . Wheat Ridge in connection with the training of its police recruits by the Academy as provided in this agreement , agrees to release , waive, discharge , and covenant not to sue the City of Lakewood and the County of Jefferson , their officers, employees, and insurers, from and against any and all claims , damages , liabilities , demands and court awards of any kind whatsoever, which arise from any acts or omissions of any Wheat Ridge police recruit while being trained at the Academy under this Agreement or thereafter, that are in any manner connected with any Wheat Ridge police recruit , if such injury , loss , or damage is or is claimed to be caused in whole or in part by the act , omission , or other fault of any Wheat Ridge police recruit or the training of Wheat Ridge police recruits by City of Lakewood and Jefferson County. The parties hereto understand and are relying upon and do not waive or intend to waive by any provision of this contract the monetary limitations (presently $350,000 per person , and $990 ,000 per occurrence) or any other rights , immunities or protections , provided by the Colorado Governmental Immunity Act , Section 24-10-101, et seq ., C .R.S ., as from time to time amended , or otherwise available to the parties , their officers or their employees . 9 . Integration . This instrument contains the entire agreement between the parties , and no statement , promises , or inducements made by either party that is not contained in this instrument shall be valid or binding . This agreement may not be 2 enlarged, modified, altered or extended except in writing, signed by the parties and endorsed herein. 10. Assignment. This agreement shall inure to the benefit of and be binding upon Lakewood and Wheat Ridge and shall not be assignable by either party. 11. Severance. If any part of this agreement is held by the courts to be illegal or in conflict with any law of the State of Colorado, the validity of the remaining parts shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular part held to be invalid. 12. Venue. Venue for any and all legal actions regarding the transaction covered herein shall lie in the District Court in and for Jefferson County, Colorado and this transaction shall be governed by the laws of the State of Colorado. 13. Authority. This instrument shall not constitute an agreement until accepted, in writing by the duly authorized representative of the City of Lakewood and Wheat Ridge Executed this 13th day of January, 2014. ATIEST: Margy Greer, City Clerk APPROVED AS TO LEGAL FORM: Janet Young, Deputy City Attorney APPROVED AS TO LEGAL FORM: Janelle Shaver, City Clerk 3 CITY OF LAKEWOOD Kevin Paletta, Chief of Police CITY OF WHEAT RIDGE Joyce Jay, Mayor ~4~ -J r City of • JP'WheatRi_.dge ITEM NO: __ :)~· _ DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 03-2014 A RESOLUTION AUTHORIZING THE SUBMISSION OF AN ENVIRONMENTAL PROTECTION AGENCY 2014 BROWNFIELDS CLEAN-UP GRANT APPLICATION ~ PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUD2~ D YES Oau~ ~ NO City Manager ISSUE: Renewal Wheat Ridge (RWR) would like to apply for an Environmental Protection Agency (EPA) 2014 Brownfields Clean-up Grant related to the site contamination at 7690 W. 38lh Avenue and 3790 Yukon Court. RWR will be applying for the competitive grant requesting an amount up to $200,000 to assist with the remediation ofthe site. Staff requests the Council conduct a required public hearing and adopt a resolution authorizing the submission of the grant application . PRIOR ACTION: At its September 9, 2013 regular meeting, Council entered into an Intergovernmental Agreement (IGA) with RWR approving a loan of $340,000 to RWR to obtain the property from the Bank of Denver. FINANCIAL IMPACT: The grant requires a 20% general fund match which will be requested at the January 13 , 2014 meeting. Council Action Form January 13 ,2014 Page 2 BACKGROUND: The property which will be remediated with the grant previously housed a number of retail and service operations that included a parts and sales office for Go Ford and prior to that a dry cleaning business. It is believed the dry cleaning business was the source of the contamination. The location is a prime site for brownfields remediation. A brownfield is defined as: real property, the expansion , redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. This parcel is an important component to the development goals of the City and RWR which has identified the entire 14 .8 acre site as a key redevelopment site in the heali of the City of Wheat Ridge. In 2011 the City rezoned the site from commercial (C-1) to mixed-use commercial (MU-C). This new land designation provided more assurance to the development community in tenns of their ability to receive entitlements to development. In 2012, MQ Development Partners was able to negotiate purchase options with two of the three land owners on the site of the fonner Go Ford dealership. The third site, that MQ was not able to acquire, is the parcel that includes 7690 W. 38 111 Avenue and 3790 Yukon Court. MQ wanted to obtain this parcel to improve the center 's aesthetic appeal and site circulation but due to the identified contamination , the feasibility and economics of developing the site was cost prohibitive. Subsequently, the City applied for , and received , an EPA Brownfields Assessment Grant that provided funding to perfom1 Phase I and Phase II assessments of properties along the Wadsworth Boulevard corridor. When MQ was not able to obtain the third parcel, the City intervened in the process and began negotiations with the Bank of Denver. Part of this negotiation provided for the use of this assessment grant to determine if contamination existed and to develop a remediation plan if contamination was discovered . The Phase I report , which involves the investigation of past uses on the site, and potential for contamination, revealed that a dry cleaning business did exist on the parcel at one time. The City then requested that the Bank of Denver allow site borings to identify the extent of the contamination. Those borings revealed a high concentration of contamination on the site. Based on these findings , an Analysis of Brownfield Clean-up Alternatives (ABCA) report was created, which detailed alternatives for remediation of the site. The ABCA , besides identifying various remediation plans , provides the conduit which allows RWR to enter into the state's Voluntary Clean-Up Program (VCUP). The VCUP utilizes the ABCA to define the site remediation plans . Based on the approved remediation plan , the VCUP will provide a No Further Action Detennination (NAD) letter that will indemnify MQ from any lawsuits pertaining to previously identified contamination on this parcel and allow them to begin vertical construction . R WR will still be responsible for the site remediation, but vertical construction will be allowed with minimal restrictions. At some future date, when testing Council Action Form January 13 , 2014 Page 3 indicates the site has been remediated, RWR and the City will receive another NAD from the state. By entering into the VCUP, R WR then becomes eligible to apply for the clean-up grant. The grant is an EPA program that empowers states, communities and other stakeholders to work together in a timely manner to prevent, assess, safely clean up, and sustainably reuse brownfields. EPA provides technical and financial assistance for brown fields activities through an approach based on four main goals: protecting human health and the environment, sustaining reuse, promoting partnerships, and strengthening the marketplace. RWR will be applying for the grant to carry out clean-up activities at the site. Staff has contracted with Family Environmental to prepare and submit the application. The EPA requires community notification of its intent to apply for the grant and allow the community an opportunity to comment on the draft proposal. This draft proposal must include the ABCA which is attached to this report. This notice was placed in the Wheat Ridge Transcript on January 2, 2014 as required. That public notice is attached herein. In addition to this required public hearing, staff also conducted a public meeting on December 11, 2013 that was noticed in the Denver Post. This meeting was held in conjunction with a Brown fields Assessment Grant public meeting. No members of the public attended the meeting in regard to the grant. RECOMMENDATIONS: Staffs recommends the City Council conduct a public hearing and adopt Resolution No. 03-2014 authorizing the submission of an EPA 2014 Brownfields Clean-up Grant application. RECOMMENDED MOTION: "I move to approve Resolution No . 03-2014, a resolution authorizing the submission of an Environmental Protection Agency 2014 Brown fields Clean-up Grant application." Or, "I move to postpone indefinitely the approval of Resolution No. 03-2014 a resolution authorizing the submission of an Environmental Protection Agency 2014 Brownfields Clean-up Grant application for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development and Urban Renewal Manager Ken Johnstone, Cmmnunity Development Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 03-2014 2. Analysis of Brownfield Clean-up Alternatives (ABCA) Council Action Form January 13 ,2014 Page 4 3. Notice of Public Hearing TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 03 Series 2014 A RESOLUTION AUTHORIZING THE SUBMISSION OF AN ENVIRONMENTAL PROTECTION AGENCY 2014 BROWNFIELDS CLEAN-UP GRANT APPLICATION WHEREAS, the City of Wheat Ridge, acting through its City Council, entered into an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (RWR) for the purchase of property at 7690 W. 38th Avenue and 3790 Yukon Court; and WHEREAS, the site contains underground soil and groundwater environmental contamination of which RWR desires to remediate; and WHEREAS, the site is an important property in an overall vision for redevelopment of the southwest corner of 38th and Wadsworth; and WHEREAS, RWR and the City desire to remediate the site for future development and blight removal; and WHEREAS, RWR desires to apply for a $200,000 U.S. EPA Brownfields Clean- Up Grant; and WHEREAS, the EPA requires public notification and an opportunity to comment on the site remediation and the grant application; and WHEREAS, a notice of a public hearing was placed in a newspaper of public general distribution for two public comment periods; one on December 11 , 2013 and another on January 13, 2014. NOW, THEREFORE, BE IT RESOLVED by the City Council of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the submittal of an application for a U.S. EPA Brownfields Clean-Up Grant. DONE AND RESOLVED by the City Council this 13th day of January, 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 3650 Chestnut Place, Denver, Colorado 802 I 6 Phone: 303 .296.6022 I Fax: 303 .292 .145 I Analysis of Brownfield Cleanup Alternatives 7690 West 38th Avenue 3790 Yukon Court Bank of Denver Wheat Ridge, Colorado 80033 Prepared for: Sally Payne Community Development City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, Colorado 80033 Prepared by: Family Environmental Compliance Services 3650 Chestnut Place Denver, CO 80216 To ny C urci o , P E C olorad o P E # 32 064 September 27 ,2013 Attachment 2 CONTENTS 1.0 INTRODUCTION ........................................................................................................................... I 1.1 Purpose ................................................................................................................................ I 1.2 Scope ................................................................................................................................... I 2.0 SITE LOCATION, DESCRIPTION AND HISTORY .................................................................... I 3.0 NATURE AND EXTENT OF CONTAMINATION ...................................................................... 2 4 .0 APPLICABLE STANDARDS , EXPOSURE PATHWAYS AND LAND USE CONSIDERATIONS ....................................................................................................................... 3 4. I Exposure Pathways ............................................................................................................. 3 4.2 Applicable Standards .......................................................................................................... 3 4.3 Proposed Land Use ............................................................................................................. 4 5.0 PROPOSED CLEANUP GOALS ................................................................................................... 4 6.0 POTENTIAL CLEANUP AL TERNATTYES ................................................................................. 4 6.1 Alternative I -No Action Alternative, With Groundwater Monitoring ............................. 5 6.2 Alternative 2-Bos I 00 Trap And Treat In-Situ Bio-Remediation Installation ................. 6 6.4 Comparison Of Alternatives ............................................................................................... 9 7.0 SELECTED ALTERNATIVE AND PROPOSED CLEANUP PLAN ......................................... 10 TABLES CONTAINED IN DOCUMENT Table 1 Table 2 Table 3 FIGURES Figure I Figure 2 Figure 3 Figure 4 Figure 5 Figure 6 Figure 7 Figure 8 Numerical Cleanup Goals Summary of Alternatives Costs Comparison Property Vicinity and Site Location Map Site Topographic Map Borehole Locations & Soil Analytical Results-Previous Investigations Borehole Locations & Groundwater Analytical Results -Previous Investigations Borehole & Monitoring Well Locations -Family Environmental Borehole Locations & Soil Analytical Results Borehole & Monitoring Well Locations & Groundwater Analytical Results Dissolved-Phase Tetrachloroethene lsoconcentration Map 1.0 INTRODUCTION This document is an Analysis of Brownfield Cleanup Alternatives (ABCA) for 3790 Yukon Court and 7690 38 th Avenue, Wheat Ridge, Colorado (Site). This ABCA was prepared by Family Environmental Compliance Services , Inc. (Family Environmental) on behalf of the City of Wheat Ridge , Colorado. The Site is located on the southeast corner of West 38th Avenue and Yukon Court in Wheat Ridge , Colorado, and comprises an approximate area of 0.72 acre s (Figure I). The Property is currently owned by Louise, LLC , a single-purpose entity managed by the Bank of Denver. The City of Wheat Ridge -Community Development (City) and Renewal Wheat Ridge are currently evaluating the potential purchase of the Property to support redevelopment of a larger property located at the southwest corner of West 38th Avenue and Wadsworth Boulevard. This ABCA was conducted to provide information regarding remediation alternatives for the site. 1.1 Purpose The purpose of the analysis was to identify and evaluate cleanup alternatives that would mitigate risks to human health and the environment associated with contamination at the site , as required by the Brownfield Assessment Grant awarded to the City of Wheat Ridge. This report presents an analysis of remedial alternatives for soil and groundwater contamination associated with the site. The site has been impacted from chlorinated solvents from a cleaner located at the site from the 1960s to the 1980s. The future land use will be designated as a mixed use commercial space with the potential for multi-family residential. Specific cleanup objectives are to remove or treat soil and groundwater with chlorinated solvent concentrations above the residential and industrial standard. Remediation at the site will be conducted under the Colorado Voluntary Cleanup Plan (VCUP) program. 1.2 Scope Family Environmental evaluated three alternatives to achieve the cleanup goals for the site. The first alternative is a no-action alternative , with long term groundwater monitoring. The second alternative is BOS I 00 injections by Remediation Products, Inc. (RPI). BOS I 00 is a catalyst used to trap and treat chlorinated solvents. The third alternative is Ferox Flow zero valent iron (ZVI) filings. The proposed alternatives were evaluated and compared. All cleanup alternatives must meet the cleanup goals for the anticipated land use at the site. Both protect human health through isolation of contaminated soils from direct contact. These alternatives are discussed in depth in the body of the report. 2.0 SITE LOCATION, DESCRIPTION AND HISTORY The site consists of a standalone structure on the southeast comer of Yukon Court and West 38th Avenue in the City of Wheat Ridge , Colorado (Figure 2). The address for the project is 3790 Yukon Court\7690 West 38th Avenue, Wheat Ridge , Colorado 80033. The single story 7690 West 38 th Avenue and 3790 Yukon Court Analysis of Brownfield Cleanup Alternatives standalone building has parking lots to the west, north and east and a drive way to the south. The Property is currently vacant. Family Environmental did not conduct a Phase 1 ESA for the Site ; however, we relied on Phase 1 ESAs prepared by others for adjacent properties. The Phase I ESA , prepared by Pickering Cole, & Hivner (PCH) in June 2012 provided historical use information for the Site. The report stated that the Site building was reportedly constructed and operated as a 7-Eieven convenience store without fueling facilities. Following operation of the 7-Eieven , the building was reportedly used for dry cleaning services from the late 1960's to the early 1980 's; no specific information is known regarding former waste handling and storage practices. Family Environmental was unable to verify that dry cleaning occurred on-site. According to the Bank of Denver, the facility was only used as a drop-off and pickup location for dry cleaning services, and that the dry cleaning occurred off-site. 3.0 NATURE AND EXTENT OF CONTAMINATION Because the facility was a drycleaner prior to current waste handling regulations being in place this site has been impacted by chlorinated solvents, particularly, tetrachloroethene (PCE), trichloroethene (TCE), cis-1 2-Dichloroethylene (cis-1 2-DCE), trans-! 2-Dichloroethylene (trans-1 ,2-DCE) and vinyl chloride. Environmental regulations for the proper storage and disposal of waste dry cleaning fluids were not in effect until the 1980 's; therefore, the former dry cleaning facility was operated for a period of time with suspect waste handling practices. Prior to current regulations it was typical that waste chlorinated solvents were commonly disposed through building drains/sanitary sewer system or poured onto the ground near the business. Soil and groundwater samples collected by prior consultants identified contaminants of concern in two of the nine boreholes sampled for soil and six of the eight groundwater samples. The chlorinated solvents exceeding laboratory detection limits included PCE, TCE, cis-1 ,2-DCE and trans-I ,2-DCE. The contaminants of were exhibited in samples collected from locations surrounding the building in three directions , see Figures 3 and 4 for prior consultant's soil and groundwater analytical data , respectively. The primary contaminants of concern investigated as part of the Family Environmental"s assessment were VOCs , including chlorinated solvents . The subsurface investigation consisted of sampling a total of 18 boreholes. Boreholes DP-1 through DP-6 and DP-14 were located in the area of the sewer line lateral and southwest of the southwest corner of the building. Boreholes DP-11 through DP-13 were located northeast of the northeast corner of the building and DP-15 through DP-18 were advanced through the building slab (Figure 5). The highest concentrations of contaminants were located in the vicinity of the sewer line in DP-1. DP-4, DP-5 and DP-6 and DP-15 through DP-18. The interior borings (DP-15 through DP-18) identified PCE concentrations above laboratory detection limits in the soil samples (Figure 6) and PCE, TCE and cis-1 ,2-DCE in the groundwater samples (Figure 7). 7690 West 381h Avenue and 3790 Yukon Court Analysis of Brownfield Cleanup Alternatives 2 The additional direct-push boreholes DP-7 through DP-10 and Monitoring Wells MW-1 through MW-3 were located to provide groundwater information at the northern Site boundary and offsite to the n01th and northeast. Dissolved-phase contaminants of concern exceeding laboratory detection limits were indicated in direct-push boreholes DP-7 through DP-9 ; PC E, TCE and cis-! ,2 DC E were present in groundwater at these locations (Figure 7). Additionally , vinyl chloride exceeding laboratory detection limits was present in DP-7 and DP-8. As the wells were installed to provide monitoring of conditions downgradient of the suspected source area, samples were collected on two occasions (September 7/9 , 2013 and September 13 , 2013). The maximum contaminants of concern concentrations were exhibited in Monitoring Well MW-2 on September 9 ; this included PCE, TCE, cis-1 ,2 DCE and vin y l chloride. Results from MW -1 and MW -3 , located west and east of MW -2 , respectively, exhibited lower dissolved- phase contaminants of concern. The only concentration exceeding laboratory detection limits in MW-3 was PCE. All detectable concentrations in these two wells are below their respective Water Standard threshold concentrations (Table 1 ). Figure 8 shows the isoconcentration lines and present the approximate lateral extent of the dissolved-phase plume and direction of maximum contaminant migrating from onsite to offsite . 4.0 APPLICABLE STANDARDS, EXPOSURE PATHWAYS AND LAND USE CONSIDERATIONS Remediation at the Bank of Denver site will be conducted under the VCUP program. The Colorado VCUP program is managed by the CDPHE Hazardous Materials and Waste Management Division. Cleanup actions under the Colorado VCUP program must provide for adequate protection of human health and the environment based on the current and future uses of a property . 4.1 Exposure Pathways The primary exposure pathway for contaminants as a human health concern at the site is direct contact with contaminated soil and groundwater. Direct soil and groundwater contact implies risks of ingestion , inhalation , or absorption through the skin of soil contaminants. The primary contaminants of concern related to direct soil and groundwater contact at the site are chlorinated solvents. 4.2 Applicable Standards Applicable standard s and soil remediation objectives for the Colorado VCUP program related to soil contact are shown in the Environmental Protection Agency 's Regional Screening Levels (EPA RSL , May 20 13). Groundwater Remediation objectives were acquired in the Colorado Soil Evaluation Values (CSEV , 201 1) Table. The following table details action levels from the two documents based on land use scenarios. 7690 West 38 th Avenue and 3790 Yukon Court Anal ys is of Brownfield Cleanup Alternatives 3 EPARSL Industrial (Soil) Residential mg/kg CDPHE CSEV Water (Groundwater) Standard Jlg/L 4.3 Proposed Land Use N umeraca eanup Table 1 I Cl G oa s PCE TCE Cis-1,2- DCE 41.0 2.0 200 8.6 0.44 16 17 5 70 Trans-1,2-Vi nyl DCE Chloride 69 1.7 15 0.060 Not Listed 2 This site is zoned for mixed use commercial (MU-C). The development is planned to move forward in a manner that is consistent with this established criteria. 5.0 PROPOSED CLEANUP GOALS Remedial action objectives are the specific goals to be achieved by the cleanup plan that will be formalized in a CDPHE approved VCUP. The goals are designed to be protective of human health and the environment and to comply with pertinent federal and state regulations. The goal will be to prevent the migration of cis-I ,2 -DCE, PCE, TCE, trans-! ,2-DCE and vinyl chloride in groundwater concentrations greater than the remediation goals established in the CSEV, 20 II Table offsite as well as treat the contamination onsite. 6.0 POTENTIAL CLEANUP ALTERNATIVES The following sections discuss and compare potential cleanup alternatives for 3790 Yukon Court and 7690 West 381h Avenue. For all remediation alternatives listed below with the exception of the no action alternative prior to remediation activities the structure will be demolished and the soil beneath the building up to eight feet bgs will be excavated. Once the soil is excavated, remediation will take place in the excavated pit. In addition , a permeable treatment barrier will be installed on the northeast corner of the Site to help mitigate the migration of contaminants of concern offsite. Each alternative will be evaluated to determine its estimated cost. The evaluation will compare each alternative 's capital. operation and maintenance (O&M) costs, building demolition and soil excavation, transportation , treatment and disposal costs if applicable. The O&M costs included in the alternatives is projected out for the first five years. The purpose of evaluating each alternative is to identify advantages and disadvantages of each relative to one another so that key tradeoff's that would affect the alternative selection can be identified. 7690 West 381h Avenue and 3790 Yukon Court Analysis of Brownfield Cleanup Alternatives 4 The proposed alternatives are as follows: • Alternative I : No Action , with Groundwater Monitoring • Alternative 2: BOS I 00™ Trap and Treat In-Situ Bio-Remediation Jnstallation • Alternative 3: Ferox-Flow™ Zero Valent Iron 6.1 Alternative 1-No Action Alternative, with Groundwater Monitoring The No Action Alternative was evaluated to provide a baseline to which the other alternatives can be judged. No action means that no removal actions would be initiated to minimize or eliminate the potential hazards. This alternative assumes that long term groundwater monitoring will be required , given that the contaminants of concern exceed the CSEVs at the property boundary. Effectiveness The No Action Alternative does not actively mitigate groundwater contamination. If no action is taken the contamination will not be addressed and it will continue to affect properties downgradient of the Site. This alternative is not a feasible option as it does not protect public health and safety, and does not mitigate offsite impacts. • Overall Protection of Public Health and the Environment -This alternative would leave all existing contamination in place, thereby leaving all potential exposure pathways intact. This alternative would provide no effective protection to public health or the environment. • Long-Term Effectiveness and Permanence-The No Action Alternative would provide no long-tenn effectiveness. • Reduction of Contamination , Mobility or Volume through Treatment -The No Action Alternative would not result in a reduction of contamination, mobility or volume since there would be no treatment or handling. • Short-Term Effectiveness-This alternative would have no short-term effectiveness; all contamination would be left in place. I mplementability There is no action necessary to implement this alternative. • Technical Feasibility -There are no technical issues associated with this No Action Alternative. • Administrative Feasibility -The site is not in compliance with CDPHE regulations and the owner may be subject to a compliance order. • Availability of Services and Materials -Quarterly groundwater monitoring, including supplies and miscellaneous appurtenances would be required to implement the alternative. 7690 West 38th Avenue and 3790 Yukon Court Analysis of Brownfield Cleanup Alternatives 5 Cost The No Action Alternative would include approximately $30,000 for five years of quarterly groundwater monitoring. 6.2 Alternative 2-BOS 100 Trap And Treat In-Situ Bio-Remediation Installation BOS I 00 is a specialized catalyst manufactured by RPJ and designed for rapid degradation of chlorinated solvents . The product consists of activated carbon that has been infused with metallic iron. The product is typically mixed with water and then injected using high pressure pumps. The product is granular which results in seams of material in silt and clay formations that form preferential pathways throughout the formation. This enhances contact and provides a long term mechanism for ·'effective contacf' and this mechanism remains active for an indefinite period of time. Effectiveness The BOS I 00 Alternative purportedly reduces the soil and groundwater contamination. BOS I 00 is able to effect rapid reduction of contaminants in groundwater due to the fact it contains a substantial amount of activated carbon. Activated carbon has a tremendous resemblance for organic compounds and rapidly adsorbs contaminants from groundwater and unsaturated soils. • Overall Protection of Public Health and the Environment -The continuous injections of the BOS I 00 product would deplete the contamination onsite as well as assist in the removal of contamination moving off site; therefore, protecting the public health and environment. • Long-Term Effectiveness and Permanence -According to the manufacturer, rates of contamination degradation are faster than other technologies when using this product. This results in cleanup cycles of weeks to months. The effective contact created by BOS I 00 remains active for an unspecified period of time. • Reduction of Contamination , Mobility or Volume through Treatment -This method would reduce the contamination onsite and the permeable treatment wall installed on the northeast corner of the Site and would mitigate contamination mobility to the adjacent properties. Contaminants are first trapped by the activated carbon and then degraded by reaction with the metallic iron . • Short-Term Effectiveness -In a matter of days or weeks a reduction in contamination volume could be detected through groundwater sampling and analysis. I mplementability The treatment will consist of sixty-four boreholes located on a 7.5 foot triangular grid targeting injection zones 8 to 20 feet bgs on the north side of the building, under the building slab and 4 to 20 feet bgs on the south side of the building and in the vicinity of the sewer line. Injection locations will alternate targeting even and odd footage depths . This will result in a total of 4,480 pounds of BOS I 00 in the area. 7690 West 38th Avenue and 3790 Yukon Court Analysis of Brownfield Cleanup Alternatives 6 The treatment wall area is approximately 150 feet long by 15 feet wide and is located on the north side of the site just before the sidewalk . The barrier wall will consist of 90 boring locations targeting depths of 10 to 20 feet bgs. The injection grid will consist of three rows located on five- foot centers. A total of 6,300 pounds of BOS I 00 will be injected for the barrier wall installation. • Technical Feasibility-It would take about two weeks to inject the BOS 1 00 product at the site and future O&M activities would require quarterly groundwater monitoring to insure the contaminants of concern are being remediated. • Administrative Feasibility -This alternative would require an onsite presence of a Project Manager from Family Environmental to supervise all remediation activities. • Availability of Services and Materials -This alternative requires the use of standard drilling equipment such a direct push GEOPROBE, 55-gallon drums and decontamination equipment. Cost Local contractors were questioned about approximate earthmoving costs which would include excavation , transportation , treatment and disposal of the contaminated soi I. Costs were estimated to be approximately $30 ,000 for excavation , transportation and disposal of the impacted soil. In addition , local contractors were contacted to ascertain estimates for building demolition. An estimate was obtained of approximately $25,000. It is estimated that a total of 154 injection points will be deployed using about 10 ,780 pounds of the BOS I 00 product. This plus mobilization and labor will cost approximately $211 ,866. O&M projected for the next five years will be approximately $30,000. Therefore, the total project cost using this alternative will be $296,866. 6.3 Alternative 3 -Ferox-Fiow Zero Valent Iron The zero valent iron (ZVI) traps and depletes the contaminants. It does this by creating a network of artificial fractures in a geologic formation that serves two principal functions ; • The fractures facilitate the removal of contaminants out of the geologic formation. • The fractures may be used as receptors to introduce beneficial amendments into the formation. The overall objective of fracturing is to overcome the transport limitations that are inherent at many low permeability remediation sites. Since all treatment injections at the site will be performed within both the low permeability environmental at the site , a cased borehole approach will be used to emplace the amendment. Once the injection point has been installed , injection tooling consisting of a nozzle and straddle packer assembly will be lowered into the borehole and fracturing/injection will proceed in a bottom up manner. During the fracture phase of the project, the injection is initiated by the introduction of pressurized gas for l 0 to 15 seconds to propagate fractures into the formation and to establish flow. The amendment is then pumped into the pressurized nitrogen gas stream at the well-head and becomes atomized prior to dispersion within the fractures created. 7690 West 381h A venue and 3790 Yukon Court Analysi s of Brownfield Cleanup Alternatives 7 Effectiveness Reductive reactions involving zero valent iron (ZVJ) have been proven effective, sustainable and cost efficient for in-situ remediation of sites containing chlorinated solvents and certain reducible metals. • Overall Protection of Public Health and the Environment -The continuous injections of ZVI would deplete the contamination onsite as well as assist in the removal of contamination moving off site . • Long-Term Effectiveness and Permanence -Rates of contamination degradation are usually seen within a couple of months; however, studies have shown that ZVI can sometimes become dormant unless rejuvenated or replaced in some manner. • Reduction of Contamination , Mobility or Volume through Treatment -This method would reduce the contamination onsite and the barrier installed on the northeast corner of the Site would mitigate contamination mobility. According to the manufacturer, in a matter of months a reduction in contamination volume would be evident through groundwater sampling. ZVI is known to work better is sandy soils , as this site exhibits a silty clay lithology ZVI may not be distributed as effectively as if in sandy soils. • Short-Term Effectiveness -According to the manufacturer, depleted contamination would not be seen until around the three month marker. Family Environmental conducted a bench scale test where ZVI was added to a soil and groundwater from the site. Samples were analyzed prior to the addition of soil and groundwater. Concentrations of PCE, TCE and cis-1 ,2-DCE were present above laboratory detection limits. ZVI was then added to a sample containing 20% soil , 79% water and I% of ZVI. The mixture was held in 40 mil YO As for seven days and then sent to ESC laboratories for analysis. The results showed similar concentrations of PCE, TCE and cis-I ,2-DCE with additional concentrations of Benzene, Toluene, Ethylbenzene and Xylene (BTEX) present in the sample. This bench scale test will be repeated at two weeks and at one month. Family Environmental cannot account for poor performance of the ZVI bench scale test results. The results may be attibured to water quality characteristics, or the lithology. Based on the results it appears that this alternative does not have any short term effectiveness ; however, additional samples will be analyzed so that trend data can be collected . Implementability It is estimated that I 0 injection points will be deployed using the pneumatic fracturing process and about 35 ,000 pounds of Ferox Flow ZVI. • Technical Feasibility -It would take about one week to inject the Ferox Flow product at the site. Future O&M activities would require quarterly groundwater monitoring to ensure the contaminants of concern are being treated. • Administrative Feasibility -This alternative would require an onsite presence of a Project Manager from Family Environmental to supervise all remediation activities. 7690 West 38th Avenue and 3790 Yukon Court Analysis of Brownfield Cleanup Alternatives 8 • Availability of Services and Materials -This alternative requires the use of standard soil and groundwater remediation equipment such as 7288 GEOPROBE, 55 -gallon drums and decontamination equipment. Cost Local contractors were questioned about approximate earthmoving costs which would include excavation, transportation , treatment and disposal of the contaminated soil. Costs were estimated to be approximately $30,000 for earthwork. In addition , local contractors were contacted to ascertain estimates for building demolition. An estimate was obtained of approximately $25 ,000 . It is estimated that a total of I 0 injection points will be deployed using about 35 ,000 pounds of Ferox Flow ZVI Reactive Iron Powder. This plus mobilization and labor will cost approximately $167 ,946 . The operations and management of the project projected for the next five years will be approximately $30 ,000. Therefore, the total project cost using this alternative will be $252 ,946. 6.4 Comparison of Alternatives The BOS 100 alternative would be an effective approach as this product is tailored for use on chlorinated solvent sites. In addition , results should be seen within days and the product will continue to treat contamination in the subsurface indefinitely. The ZVJ alternative was recommended to Family Environmental by the CDPHE ; however, upon further examination the lithology of the Site is not ideal when using ZVI as the product may not be distributed as efficiently. In addition , ZVI is shown to have a tendency to become dormant unless it is rejuvenated or replaced. A bench scale test was performed using ZVI which showed no deterioration of contaminants of concern on the soil and groundwater at the site after seven (7) days . The tables below summarize the alternatives and their effectiveness , implementability and costs. Alternative 1-No Action 2-BOS 100 3-Zero Valent Iron Filings s ummary o erna 1ves Table 2 f Alt f Effectiveness lmplementability Low High High Moderate Moderate Low to Moderate 7690 West 38 1b Avenue and 3790 Yukon Court Anal ys is of Brownfield Cleanup Alternatives 9 Costs Low High Moderate to high Capital Costs Alternative Remediation Product Excavation Demolition O&M Subtotal Contingency (20%) TOTAL Table 3 Costs Companson No Action BOS 100 $0 $211,866 $0 $30,000 $0 $25 ,000 $30,000 $30,000 $30 ,000 $296,866 $6,000 $59,373 $36 ,000 $356,239 Ferox Flow Zero Valent Iron $167,946 $30 ,000 $25 ,000 $30,000 $252,946 $50,589 $303,535 7.0 SELECTED ALTERNATIVE AND PROPOSED CLEANUP PLAN Based on Family Environmental 's analysis of alternatives it is our opinion that the BOS I 00 method should be employed at the Bank of Denver site. BOS I 00 is tailored for chlorinated solvent sites and will continue to treat the subsurface into the future. Studies show that the BOS I 00 method is most effective in the silty clay lithology seen at the site. When taking the effectiveness , implementability and cost into account this is the best option . 7690 West 381h Avenue and 3790 Yukon Court Analysis of Brownfield Cleanup Alternatives 10 REFERENCES Colorado Department of Public Health and Environment (CDPHE), Hazardous Materials and Waste Management Division (http://www.colorado.gov/cs/Satellite/CDPHE-HM/CBON/J 251616 I I 3557) Colorado Department of Public Health and Environment (CDPHE), Water Quality Control Commission: 5 CCR 1002-41 -Regulation No. 41, The Basic Standards for Ground Water , January 31,2013. Colorado Soil Evaluation Values (CSEV Table), CDPHE Hazardous Materials and Waste Management Division. July 2011 Phase 1 Environmental Site Assessment, June 2012; Pickering, Cole and Hivner. United States EnvironmentaJ Protection Agency -Regional Screening Level Summary Table , May 2013. Figure 1 Property Vicinity and Site Location Map LEGEND FIGURE 1: Property Vicinity and Site Location Map Site Address: 7690 West 38th Avenue and 3790 Yukon Court Subject ... -.. Wheat Ridge, Colorado 80033 I I Property .. __ 1 t Date Drawn: 09/20/13 Drawn Bv: KPW ram~~~ Scale: NTS North Client: City of Wheat Ridge, Colorado Figure 2 Site Topographic Map LEGEND FIGURE 2: Site Topoeraphic Map Site Address: 7690 West 38 th Avenue and 3790 Yukon Court Approximate Wheat Ridge, Colorado 80033 Property ... -.. t I I Date Drawn: 09/20/13 Location .. __ 1 ram~raJOXrJtal Drawn By: KPW Scale: NTS North Client: City of Wheat Ridge, Colorado Figure 3 Borehole Locations & Soil Analytical Results -Previous Investigations Legend [] Property Boundary e EARC Soil Boring e EPI Soil Boring Scale: 1" = 40 ft . 83 PCE = 0.0642 mg/kg FIGURE 3: Borehole Locations and Soil Analytical Results-Previous Investigations Site Address: 7690 West 38th Avenue & 3790 Yukon Court Date Drawn: 9/23/13 North Wheat Rid e , Colorado 80033 Client: City of Wheat Ridge, Colorado Drawn By: RSN ~mli~r n n~"AI 3650 Crestru1 Place , Denver, Cobrado 80216 I (J "] \J /VII U 1\ I J\.1/\l.J Poore : 303 .296.6022 1 Fax: 303 .292.1451 Figure 4 Borehole Locations & Groundwater Analytical Results-Previous Investigations 83 • 0.0789 TCE = 0.00438 mg/L cls-1,2 DCE = 0.0318 mg/L trans-1,2 DCE = 0.00146 mg/L PCE =:10.155 mg/L 'fCE = 0.0136 mg/L cls-1,2 DCE = 0.0346 mg/L Legend [ ] Property Boundary e EARC Soil Boring e EPI Soil Boring Scale: 1" =40ft. cls-1,2 DCE = 0.00182 582 8DL FIGURE 4 : Borehole Locations and Groundwater Analytical Results -Previous Investigations Site Address: 7690 West 38th Avenue & 3790 Yukon Court Date Drawn: 9/23/13 Wheat Rid e , Colorado 80033 Client: City of Wheat Ridge, Colorado Drawn By: RSN ~ffili~,r n JirnrrrPnf-AI 365o Chestnut Place , Denver, cobrado so2 16 I U ") \J /VII U 1\ I J\..1 1\.U Poore : 303 .296 .6022 1 Fax: 303 .292 .145 1 North Figure 5 Borehole & Monitoring Well Locations-Family Environmental Legend [] Property Boundary e Soil Boring e Groundwater Boring e Soil/Groundwater Boring e Monitoring Well Scale: 1" = 40 ft. FIGURE 5: Borehole Locations and Monitoring Well Locations - Family Environmental • Site Address: 7690 West 38th Avenue & 3790 Yukon Court Date Drawn: 9/23/13 North Wheat Rid e, Colorado 80033 Client: City of Wheat Ridge, Colorado Drawn By: RSN ~m-,i~ r n nmrYT"'PI"1f-AI 3650 Crestmt Place, De~r. Colorado 802 16 I (J "] \l/VII U 1\ I J\.1/\lJ Poore : 303 .296.6022 1 Fax: 303 .292.1451 Figure 6 Borehole Locations & Soil Analytical Results Legend [] Property Boundary e Soil Boring e Groundwater Boring e Soil/Groundwater Boring e Monitoring Well Scal e: 1" = 40 ft. PCE = 0 22 mg/kg (1') 0.11 mg/kg (2.5') 0.26 mg/kg (6 .5') PCE = 0.023 TCE • 0.2 mg/kg (1') 0 012 mg/kg (2.5') DCE = 0.029 mg/kg (1') 0.0051 mg/kg (2.5') 0;008 mg/kg (6.5') FIGURE 6: Borehole Locations and Soil Analytical Results - Family Environmental • Site Address: 7690 West 38th Avenue & 3790 Yukon Court Date Drawn : 9/23/13 North Wheat Rid e, Colorado 80033 Client: City of Wheat Ridge, Colorado Drawn By: RSN ~m·li~r n nmrY"r"Pnf-"AI 3650 Chestnut Place , Denver, Cok>rado 80216 I (J ") \J /VII U 1\ 11\.1/\f.J Poore : 303 .296 .6022 I Fax: 303 .292 .145 1 Figure 7 Borehole & Monitoring Well Locations & Groundwater Analytical Results Legend [] Property Boundary e Groundwater Boring e Soil/Groundwater Boring e Monitoring Well PCE • 1.9 mg/L TCE • 0.036 mg/l. cls-1,2 DCE = 0.069 mg/ = 0.13 mg/L TCE • 0.0038 mg/L cls-1,2 DCE -= 0.021 FIGURE 7 : Borehole & Monitoring Well Locations & Groundwater Analytical Results -Family Environmental Site Address : 7690 West 38th Avenue & 3790 Yukon Court Date Drawn : 9/23/13 Wheat Rid e, Colorado 80033 Client: City of Wheat Ridge , Colorado Drawn By: RSN 1 ( · 3650 Chestrut Place, Denver, Cobrado 802 16 ami ~I Poore : 303.296.6022 I Fax: 303 .292.145 1 ~~ Scale : 1" = 40 ft. North Figure 8 Dissolved-Phase Tetrachloroethene Isoconcentration Map D [] • • • • • Legend lsoconcentration Contour Property Boundary EARC Boring EPIBoring Groundwater Boring Soil/Groundwater Boring Monitoring Well Scale: 1" = 40 ft . FIGURE 8: Dissolved-Phase Tetrachloroethene lsoconcentration Map Site Address: 7690 West 38th Avenue & 3790 Yukon Court Date Drawn: 9/23/13 North Wheat Rid e , Colorado 80033 Client: City of Wheat Ridge, Colorado Drawn By: RSN rami~ r n nrnrY"rPnf-AI 3650 C hestoot Place, Denver, Cobrado 802 16 'J '-!/VII U 1\ I 1\.1/\l.J Poore: 303 .296.6022 1 Fax: 303.292.145 1 Government Legals Public Notl.,. NOTICE OF PUBliC HIEAR»>G The City of Wheel Ridge will hold a public ..-Jng on Thursday, J......, 13,2014. 7:00p.m. Ill the \Nheat Ridge Munidpel Building, 7500 w, 29th AVMIHI, INheat Rldge,lo obtain public comments regarding the City's Intent to apply lor a F ...... l brownfleldoo gtWrt. A copy of the gtant application Is available lor-at the City otllc:e Ill 7500W. 29th Ave . The purpose of the brownfield& grant Is to racelve partlel funding lor the · environmental deanup of contaminated and/or hazardouo 1101111 at 7690 w.,. 38th Avenue and 3790 Yukon Court. The City IS • ...., ...... tad in hNring from the public Rlgllrding the ultimate usa of the property onoa the contamination IS removed. Com-· menta INIY be ~n at the hNring or aubmitled In writing to City otlioes by 5:00 pm on January t 3. Arryotne Who would like mora Information or Who ww1ta to submit auggeetions ahould contact Stave Art at 303-235-2806 or aar!Od.wheatridga. OO.UI Signed/Steve Art Stave Art, Urben Renewal Manager Legal Notloa No .: 80427 . First Publaltion: Januety 2 , 2014 Lalli Pubication: JanuatY 2, 2014 PubliSher: ~ Tnonsalpt · Attachment 3 ~. ~ ~" • r City o f • JP'WlieatRi_dge ITEMNO: 3. DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2013 -AN ORDINANCE REVISING CHAPTER 26 ARTICLE VIII OF THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOODPLAIN CONTROL ~ PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING (12 /9/2 013) C8J ORDINANCES FOR 2 ND READING (1 /13 /2014) D YES The Colorado Water Conservation Board (CWCB) has adopted revised rules and regulations pertaining to floodplain for the State of Colorado. Staff is proposing several revisions to the existing floodplain ordinance for the City. These changes involve adopting new state regulations and new floodplain maps and updating the language to match current industry standards. This requires amending Chapter 26 Article VIII of the Wheat Ridge Code of Laws pertaining to floodplain control. PRIOR ACTION: Proposed changes to the floodplain ordinance were reviewed by City Council at the September 23 , 2013 and November 18 ,2013 Study Sessions. At a public hearing on December 5, 2013 , Planning Commission voted to recommend approval of the proposed ordinance; meeting minutes from the public hearing are attached . City Council approved the ordinance on first reading on December 9, 2013. FINANCIAL IMPACT: There will be no direct financial impact to the City of Wheat Ridge if the ordinance is approved. Council Action Form January 13 ,2014 Page2 BACKGROUND: In late 2010, the CWCB adopted a revised version of Floodplain Rules and Regulations for Colorado (Rules), effective January 14, 2011. The Rules provide stticter floodplain management standards to help communities reduce the risks to people and property caused by flooding. A three-year transition period was established and Colorado communities have until January 14, 2014, to adopt floodplain regulations consistent with the Rules. Below is the framework detailing the changes and staff-assessed potential impacts to the City: I . The freeboard requirement, which is the minimum height above the flood elevation for most buildings , was raised to one foot. The City has already been using this standard and therefore no change is required. 2. The freeboard requirement for critical facilities has been set at two feet. Critical facilities include, but are not limited to, essential public facilities, nursing homes, above-ground gasoline or propane storage or sales areas , and government operations facilities. Overall , there could be some impact to businesses or group facilities that are located in the 1 00-year floodplain. 3. Certain areas that are removed from the floodplain by using fill materials would still be regulated as if they are in a floodplain with respect to freeboard. This basically means that basements would not be allowed in those areas. 4. Any new flood studies that are done after January 14 , 2011 , are required to be done with a half-foot floodway rather than the one-foot floodway that we currently regulate. The result is that the floodway would be wider. However, since the floodplains within the City were mapped in 2007 , remapping is not expected for many years. It is staff's understanding that failure to adopt floodplain regulations consistent with the Rules , as well as any updates necessary to bring local regulations into compliance with minimum National Flood Insurance Program (NFlP) critetia, could lead to severe sanctions as outlined below. The City is currently in compliance with the NFIP criteria . Non-compliance with the Rules may result in either NFIP suspension or probation and a reclassification under the Community Rating System (CRS). Certain CWCB flood and watershed grant funding would also be at risk. Staff was aware of the need to adopt the new state regulations but was waiting for FEMA to adopt the new floodplain maps so a single, comprehensive update on floodplain issues could be completed. Staff originally expected the new maps to be adopted as early as June 2011. However, the adoption of the maps was delayed by the conversion of the mapping to a digital fonnat by FEMA. If the City were placed on NFIP probation, a $50 surcharge would be added to property owners' flood insurance policy rates. The community would then need to conect the identified Council Action Form January 13,2014 Page 3 deficiencies and adopt the new Rules, or be subject to NFIP suspension. In addition, the City participates in the CRS, which provides flood insurance premium discounts for communities exceeding the NFIP minimum standards. Currently, Wheat Ridge property owners receive a 20% discount. If the City is suspended from the NFIP, flood insurance policies and discounts would no longer be available to property owners and existing policies would not be renewed. Federally- backed loans, grants, and other financial assistance for activities within the floodplain would not be available. If a presidential disaster declaration were made due to flooding, property owners would be ineligible for most forms of disaster assistance. Staffhas assessed the changes and prepared the revised floodplain ordinance to reflect these new regulations as listed above. RECOMMENDATIONS: Staff recommends that the proposed changes to the Floodplain Ordinance be enacted. RECOMMENDED MOTION: "I move to approve Council Bill No. 14-2013, an ordinance revising Chapter 26, Article VIII of the Wheat Ridge Code of Laws Concerning Floodplain Control, on second reading, and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 14-2013, an ordinance revising Chapter 26, Article VIII of the Wheat Ridge Code of Laws Concerning Floodplain Control, for the following reason(s) " REPORT PREPARED BY; Mark Westberg, Project Supervisor Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No. 14-2013 2. Planning Commission meeting minutes excerpt -December 5, 2013 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER POND Council Bill No. 14 Ordinance No. ____ _ Series of 2013 TITLE: AN ORDINANCE REVISING CHAPTER 26 ARTICLE VIII OF THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOOD- PLAIN CONTROL WHEREAS, the City of Wheat Ridge ("City") is a Colorado municipal home rule corporation vested with powers under the Colorado constitution and statutes; and WHEREAS, In late 2010, the Colorado Water Conservation Board (CWCB) adopted revised Floodplain Rules and Regulations for Colorado (Rules), effective January 14, 2011 to provide stricter floodplain management standards that will help communities to reduce the risks to people and property caused by flooding; and WHEREAS, It is determined that failure to adopt floodplain regulations consistent with the Rules, as well as any updates necessary to bring local regulations into compliance with minimum National Flood Insurance Program (NFIP) criteria, could lead to severe sanctions; and WHEREAS, non-compliance with the Rules may result in either NFIP suspension or probation and a reclassification under the Community Rating System (CRS) and the City may not be eligible for certain CWCB flood and watershed grant funding; and WHEREAS, it is deemed to be in the best interest of the public health and welfare of the residents of the City for the City to comply with the proposed changes; and WHEREAS, to this end, the City Council desires to revise Chapter 26 Article VIII of the Wheat Ridge Code of Laws, concerning flood plain control. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Code, concerning floodplain control, is hereby repealed and reenacted to read in its entirety as follows: ARTICLE VIII. FLOODPLAIN CONTROL Sec. 26-801. Authorization; findings, objectives. A. Statutory authorization. The Legislature of the State of Colorado has in C.R.S . § 31-23-301 , delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry . Therefore, the city council of Wheat Ridge, WRPW 011 .1 Attachment 1 Colorado , acting pursuant to its powers and authorities granted and reserved in Title 29 , of the Co lorado Revised Statues under Article 20 of the Constitution of the State of Colorado and the Home Rule Charter adopted thereunder , does hereby orda in following as its floodplain zoning provisions . B. Findings of fact. The city council hereby finds that: 1. The flood hazard areas of Wheat Ridge are subject to periodic inundation which results in loss of life and property, health and safety hazards , disruption of commerce and governmental services , extraordinary publ ic expenditures for flood protection and relief, and impairment of the tax base , all of which adversely affect the public health , safety and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood he ights and/or velocit ies and when inadequately anchored damage uses in other areas. Flood losses are also caused by uses that are inadequately floodproofed , inadequately elevated or otherwise protected from flood damage. C . Public objectives to be achieved. The city council hereby finds it in the public interest , and in the furtherance of the public health , safety and welfare , that the following objectives be fulfilled : 1. To promote the public health , safety and general welfare , to minimize flood losses in areas subject to flood hazards , and to promote wise use of the special flood hazard area by : a . Proh ibiting certain uses which are dangerous to life or property in time of flood. b . Restricting uses which would be hazardous to the public health in time of flood . c . Restricting uses which are so part icularly susceptible to flood damage , so as to alleviate hardship and reduce demands for publ ic expenditures for rel ief and protection. d. Restricting permitted special flood hazard area uses , includ ing public facilities which serve such uses , to be protected against floods by providing floodproofing and general flood protection at the time of initial construction . 2. To protect occupants of the special flood hazard area from a flood which is or may be caused by their own , or other , land use and which is or may be undertaken without full realization of the danger through : a . Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures . b . Regulating the method of construction of water supply and sanitat ion systems so as to prevent disease , contaminat ion , and unsanitary cond itions . c . Del ineating and describing areas that could be inundated by floods so as to protect indiv iduals from purchasing lands for purposes which are not in fact suitable . d . Ensuring that potential buyers are not ified that property is in an area of special flood hazard . e. Ensuring that those who occupy the areas of special flood hazards assume responsibility for their actions . 3. To protect the public from the burden of extraordinary financial expenditures for flood control and re li ef. a . Regulating all uses within the special flood hazard area so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhab itants of the flood hazard areas . b . Minimizing the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public. c . Minimizing prolonged business interruptions . d . Minimizing damage to public facilities and utilities , such as water and gas mains ; electr ic , telephone and sewer lines ; streets and bridges located in areas of special flood hazard . e. Helping maintain a stable tax base by provid ing for sound use and development of areas of special flood hazard so as to minimize future flood-blight areas . f. Participating in the Nat ional Flood Insurance Program to assist property owners in obtaining adequate insurance coverage . 4 . To protect the hydraulic characteristics and storage capacity of the special flood hazard area and small watercourses , including the gulches , sloughs , and artificial water channels , used for conveying floodwaters so as to promote retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur by: a. Regulating filling , dumping , dredging, and alteration of channels by deepening , widening or relocat ing , so as to maintain natural storage capacity and slow flow characteristics. b. Prohibiting unnecessary encroachments . c . Encouraging uses such as agriculture , open space , recreat ion, greenbelt , trails , and intermittent parking . d. Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. e. Restricting or prohibiting uses which are dangerous to health , safety and property due to water or erosion hazards or which result in damag ing increases in eros ion or in flood heights or velocities . f . Requiring that uses vulnerable to floods, including facilities which serve such uses , be protected against flood damage at the time of initial construction . Sec. 26-802. Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage , so as to be consistent with the definition given the term in other portions of this zoning code , and to give these regulations their most reasonable application . 100-year flood. A flood that has a statistical frequency of occurring once in one hundred years . This is determined from an analysis of floods on a particular watercourse and other watercourses in the same general region. It has about a one (1) percent chance of being equaled or exceeded during any given year . 100-year floodplain . The area of land susceptible to being inundated as a result of the occurrence of a 1 00-year flood . Appeal. A request for a review by the board of adjustment of any interpretation made by the floodplain administrator (or his representative) of any provision of these regulations . Area of shallow flooding . A designated AO or AH zone on the current digital flood insurance rate map (DFIRM) with a one percent chance or greater annual chance of flooding . The base flood depths range from one (1) to three (3) feet ; a clearly defined channel does not exist ; the path of flooding is unpredictable and indeterminate ; and velocity flow may or may not be evident. Such flooding is characterized by ponding or sheet flow. Base flood. The flood having a one (1) percent chance of being equaled or exceeded in any given year. Base Flood Elevation (BFE). The elevation show on the current DFIRM for various A zones that indicates the water surface elevation resulting from a flood that has a one (1) percent chance of equaling or exceeding that level in any given year. Basement. Any area of a building having its floor sub-grade (below ground level} on all sides . Channel. That area of a watercourse where water normally flows . Crawl space . An unfinished , enclosed area beneath a habitable floor or a building that is uninhabitable because of its shallow height of four ( 4) feet or less , but can be utilized for storage. Critical Facility. A structure or related infrastructure , but not the land on which it is situated , as specified in Section 26-8??, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operat ions for the community at any time before , during , and after a flood . Development. Any manmade change to improved or unimproved real estate , including , but not lim ited to, buildings or other structures , mining , dredging , filling , grading , paving , excavation , or drilling operations or storage of equipment or materials located within the special flood hazard area . Digital flood insurance rate map (DFIRM). FEMA digital floodplain map . These digital maps serve as "regulatory floodplain maps " for insurance and floodplain management purposes. Equal degree of encroachment. Establ ished by considering the effect of encroachments on the hydraulic efficiency of the floodplain along a significant reach of the stream on both sides. Elevated building . A non-basement building built to have the top of the elevated floor above the ground level by means of pi lings , columns (posts and piers), shear walls parallel to the flow of the water , f ill , or solid foundat ion perimeter walls with openings sufficient to facilitate the un impeded movement of flood waters and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood . FEMA. Federal emergency management agency, the agency responsible for administering the National Flood Insurance Program . Flood or flooding . A general and temporary condit ion of partial or comp lete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or surface waters from any source including the overflow of water from channels and reservo ir spillways . Flood insurance rate map (FIRM). The official map on which FEMA has delineated both the special flood hazards areas and the risk premium zones applicab le to the community. Flood insurance study. The official report provided by FEMA that includes flood profiles , the flood boundary-floodway map , and the water surface elevation of the base flood . Floodplain . Any land area susceptible to being inundated as the result of a flood , including the area of land over which floodwater would flow from the spillway of a reservo ir. Floodplain administrator. The director of public works or designee who is assigned the responsibility to coordinate and deal w ith all aspects of these regulations . Floodplain permit. A permit required before construction or development begins within any specia l flood hazard area (SFHA). Perm its are required to ensure that proposed development proj ects meet the requirements of the NFIP and this section . Floodplain variance . A grant of relief from the requirements of these regulations , when approved by the board of adjustments under Section 26-808 . D . when specific enforcement would result in unnecessary hardship , which perm its construction in a manner that would otherwise be prohibited by these regulations. Flood profile . A graph or long itudinal profile showing the relationship of the water surface elevat ion of a flood event to existing ground surface along a stream or river . Floodproofing . A combination of structural provisions , changes , or ad j ustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to propert ies , water and sanitary facilities , structures and contents of buildings . Flood protection elevation. An elevation one (1) foot above the base flood elevation. Floodway. The portion of the SFHA required for the reasonable passage or conveyance of the 100- year flood , which is characterized by hazardous and significant depths and velocities , w ithout cumulative ly increas ing the water surface elevation more than than a designated height. The current height to be used in the c ity is one (1) foot ; however, the Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criter ia in place at the time of the existing floodway delineation . Lowest floor . The lowest enclosed area of a building including basement. However, a crawl space usable solely for storage is not considered a build ing's lowest floor ; provided , that the crawl space is built in conformance with section 26-806F . Manufactured home . For the purposes of this Section , a structure that is transportable in one (1) or more sections , built on a permanent chassis , and designed to be used with or without a permanent foundation when connected to the required utilities . This term also includes park trailers, travel trailers and other similar vehicles placed on a site for greater than one hundred eighty (180) consecutive days .. Manufactured home park or subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale . Mean sea level. For purposes of the National Flood Insurance Program , the National American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on the community's flood insurance rate map are referenced . New construction. Structures for which the start of construction commences on or after the effective date of these regulations . New manufactured home park or manufactured home subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including , at a minimum , the installation of utilities , final site grading , the construction of concrete pads , or the construction of streets) is completed on or after the effective date of these regulations . Special flood hazard area (SFHA). The land in the floodplain subject to a one percent or greater chance of flooding in any given year . Start of construction. The date the building permit was issued for any improvement ; provided , that the actual start of construction , repair, reconstruction , placement , or other improvement was within one hundred and eighty (180) days of the permit date . The actual start means the first placement of permanent construction of a structure on a site , such as the pouring of slab or footings , the installation of piles , the construction of columns , or any work beyond the stage of excavation , or the placement of a manufactured home on a foundation . Permanent construction does not include land preparation , such as clearing , grading and filling , installation of streets and/or walkways; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not part of the main structure . Structure . Anything constructed or erected , the use of which requires a more or less permanent location on or in the ground. Includes , but is not limited to , objects such as buildings , factories , sheds , cab ins , manufactured housing , and fences . This term does not include signs , utility or light poles . Substantial improvement. Any addition , repair, reconstruct ion , or improvement of a structure , the cost of which equals or exceeds fifty (50) percent of the fair market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored , before the damage occurred . For the purposes of this definition , "substantial improvement" is considered to occur when the first alteration of any wall , ceiling , floor or other structural part of the building commences , whether or not the alteration affects the external dimensions of the structure . The term does not, however , include either : 1. Any project for improvement of a structure to comply with existing state or local health , san itary, or safety code specifications which are solely necessary to assume safe living conditions ; or 2. Any alterat ion of a structure listed on the Nat ional Register of Historic Places or a state inventory of historic places at the effective date of these regulations . Violation. The failure of a structure or other development to be fully comp liant with these regulations . Water surface elevation. The height above mean sea level of floods of various magnitudes and frequencies in the floodplain . Sec. 26-803. General provisions. A. Jurisdiction . The provisions of this article shall apply to all lands within the SFHA as defined on the official maps and engineering reports of the City of Wheat Ridge , Colorado and areas removed from the floodplain by the issuance of a LOMR-F . B. Establishment of Floodplain Permit. A floodplain permit , either class I or class II shall be required to ensure conformance with the provisions of these regulations . C. Compliance . No structure or land shall hereafter be located , altered , or have its use changed within the SFHA without full compliance with these regulations and other applicable regulations . Nothing herein shall prevent the City of Wheat Ridge from taking such lawful action as is necessary to prevent or remedy any violation . These regulations meet the minimum requirements as set forth by the National Flood Insurance Program . D. Boundaries . The boundaries of the SFHA have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports . The boundaries of the SFHA shall be as they appear on the official maps and engineering reports kept on file in the office of the floodplain administrator. The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map . When there is a conflict between the boundary lines illustrated on the map and the actual field conditions , the dispute shall be settled according to Section 26-808. E. Interpretation. In the interpretation and application of these floodplain regulations , these provisions shall be held to be minimum requirements, shall be liberally construed in favor of the governing body , and shall not be deemed a limitation or repeal of any other powers granted by Colorado Statutes or the Charter or ordinances of the City of Wheat Ridge . F. Warning and disclaimer of liability. The degree of flood protection intended to be provided by these floodplain regulations is considered reasonable for regulatory purposes and is based on nationally recognized and/or published engineering and scientific methods of study . Larger floods may occur on occasions or the flood height may be increased by manmade or natural causes , such as ice jams and bridge openings restricted by debris . These regulations do not imply that areas outside SFHA boundaries or land uses permitted within such districts will always be totally free from flooding or flood damage . Anyone constructing new structures within the SFHA is accepting complete responsibility for non-regulated events . These regulations shall not create a liability on the part of or a cause of action against the City of Wheat Ridge or any official or employee thereof for any flood damages that may result from reliance on these regulations . G. Official maps and engineering reports . The location and boundaries of the SFHA shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado and Incorporated Areas ," dated February 5, 2014 , and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this article . The location and boundaries of the SFHA shall be as shown in the following engineering reports and accompanying maps : 1. Digital Flood Insurance Rate Map (DFIRM) panels dated February 5, 2014 for portions of the City of Wheat Ridge . The DFIRM constitute the current flood insurance study for the City of Wheat Ridge and is fully incorporated herein by this . The DFIRM which constitute the flood insurance study is on file at the Wheat Ridge Municipal Building , 7500 West 29th Avenue , Wheat Ridge , Colorado . H. Severability. These regulations and various parts thereof are hereby declared to be severable . Should any section of these regulations be declared by a court of competent jurisdiction to be unconstitutional or invalid , such decision shall not affect the validity of these regulations as a whole , or any portion thereof other than the section so declared to be unconstitutional or invalid . Sec. 26-804. Special Flood Hazard Area. A . Application and description. 1. The SFHA includes all lands that are inundated by the 1 00-year flood as shown on the official maps and engineering reports for the City of Wheat Ridge . fri"P i·i§iMij(.l.l.llt.fi.!i.i!!Q.g (One Percent Annual Chance Floodplain) ( 1 00-Year Floodplain) Flooclway Figure 26-804.1-Special Flood Hazard Area 2. Based upon the official maps and engineering reports for the City of Wheat Ridge , the SFHA contains several elements . (see Figure 26-804 .1 above). 3. The respective regulations of section 26-805 and section 26-806 shall regulate all lands within the SFHA. Sec. 26-805. Floodway Regulations. A. Application and description. These regulations shall apply to all properties designated as within the Floodway . Floodways are administrative limits and tools used to regulate existing and future floodplain development. The State of Colorado has adopted floodway standards that are more stringent than the FEMA minimum standard (see definition of floodway in Section 26-802). Located within SFHA established in Sec. 26-804, are areas designated as floodways . Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris , potential projectiles and erosion potential , the following provisions shall apply: 1. Encroachments are prohibited , including fill , new construction , substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a registered professional engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a No-Rise Certification) in flood levels within the community during the occurrence of the base flood discharge . 2. If Sec . 26-805 . A. 1. above is satisfied , all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 26-806 . 3 . Under the provisions of 44 CFR Chapter 1, Section 65 .12 , of the National Flood Insurance Regulations , a community may permit encroachments within the adopted regulatory floodway that would result in an increase in Base Flood Elevations , provided that the community first applies for a CLOMR and floodway revision through FEMA. B. Permitted uses . The following open uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning and do not include any structures, filling or deposition of materials , and do not cause any increase in the base flood elevation of the floodway . 1. Agricultural uses such as general farming , pasture , forestry , and urban gardens ; 2. Public and private recreational uses not requiring permanent or temporary structures such as parks , swimming areas , picnic grounds , wildlife and nature preserves , and fishing and hiking areas ; 3. Utility facilities such as ditches , transmiss ion lines, pipelines , water monitoring devices , roadways , and bridges ; 4 . Uses very similar in nature to these permitted uses may be allowed , provided that they are consistent with the provisions of these regulations . Except for the agricultural uses, the other uses shall require a class 1 floodplain permit in accordance with Section 26-808 . C . Special exceptions. The following uses are permitted in the floodway subject to special requirements as noted: 1. Structures for human occupancy which were in existence as of February 26, 2001, subject to section 26-807 (nonconforming uses) and the requirements of section 26-806.0 ., E. and F ., provided , however, that a floodplain permit shall not be required . D. Prohibited uses . 1. Structures , fill , or deposition of materials shall be prohibited in the floodway . 2. The storage or processing of materials that are buoyant , flammable , or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human , animal or plant life shall be prohibited within the floodway . Sec. 26-806. Special Flood Hazard Area Regulations. A. Application and description . These regulations shall apply to all properties designated as within the SFHA. B . Permitted uses . The permitted uses in the SFHA are the same as those uses permitted in section 26- 805B . However, in the SFHA, floodplain permits may be applied for as specified in paragraphs C . and D. C . Prohibited uses hazardous materials . The storage or processing of materials that are buoyant , flammable , or explosive, or any hazardous liquid or soluble matter which in times of flooding could be injurious to human , animal , or plant life shall be prohibited within the SFHA. D. Development standards . The following regulations shall apply to all permitted development and uses within the SFHA: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation . 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 1 00-year flood extending for a significant reach on both sides . 3. No SFHA uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream , drainage ditches , or any other drainage facilities or systems . 4 . All new construction and substantial improvements shall be anchored to prevent flotation , collapse , or lateral movement of the structure and to withstand hydrodynamic loads . 5. All new construction , substantial improvements , and fences shall be constructed with materials and utility equipment resistant to flood damage . 6 . All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage . 7. Electrical , heating , ventilation , plumbing, and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 8. All development proposals shall have adequate drainage provided to reduce exposure to flood damage . 9. All new and replacement water supply, sanitary sewage , or onsite disposal systems shall be designed and located so as to minimize or eliminate infiltration of floodwaters into them and discharge from the systems into floodwaters . 10 . All subdivision proposals shall be consistent with the need to minim ize flood damage. 11 . All development proposals shall have public utilities and facilities , such as sewer, gas , electrical , and water systems , located and constructed to minimize flood damage. 12 . All manufactured homes to be placed within the SFHA must be elevated and anchored to resist flotation , collapse , or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads created by the 1 00-year flood. Methods of anchoring may include, but are not limited to , use of over-the-top and frame ties to ground anchors . Specific requirements may be : a . Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home, with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side ; b. Frame ties shall be provided at each corner of the home , with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side ; c . All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4 ,800) pounds ; and d . Any additions to the manufactured home shall be similarly anchored . 13 . Any fill or deposition of materials must be shown to have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose , as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put. 14. Any fill or deposition that does reduce hydraulic capac ity shall require appropriate hydraulic studies including an equal degree of encroachment analysis and a review of the urban impact of such reduction. 15 . Any fill or deposition will be protected against erosion by riprap , strong vegetative cover , bulkheading , or other accepted means of erosion protect ion . 16 . Enclosures. New construction and substantial improvements, with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles , building access , or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters . Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect or meet or exceed the following minimum criteria: a. A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided . b. The bottom of all openings shall be no higher than one foot above grade . c. Openings may be equipped with screens , louvers , valves , or other coverings or devices provided that they permit the automatic entry and exit of floodwaters . E. Properties removed from the floodplain by fill . The following regulations shall apply to all permitted development and uses within the properties that have been removed from the floodplain by the issuance of a FEMA Letter of Map revision Based on Fill (LOMR-F) to at least one (1) foot above the base flood level that existed prior to the placement of fill: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation that existed prior to the placement of fill. 2 . All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage . 3. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage. 4. Electrical, heating , ventilation , plumbing , and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. Critical facilities . A critical facility is a structure or related infrastructure, but not the land on which it is situated, as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado , that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before , during and after a flood. 1. CLASSIFICATION OF CRITICAL FACILITIES. It is the responsibility of the city council to identify and confirm that specific structures in their community meet the following criteria : Critical facilities are classified under the following categories : (a) Essential Services ; (b) Hazardous Materials ; (c) At-risk Populations ; and (d) Vital to Restoring Normal Services. a. Essential services facilities include public safety, emergency response , emergency medical , designated emergency shelters, communications, public utility plant facilities , and transportation lifelines . These facilities consist of: (1) Public safety (police stations, fire and rescue stations , emergency vehicle and equipment storage, and , emergency operation centers); (2) Emergency medical (hospitals , ambulance service centers , urgent care centers having emergency treatment functions , and non-ambulatory surgical structures but excluding clinics, doctors offices , and non-urgent care medical structures that do not provide these functions); (3) Designated emergency shelters; (4) Communications (main hubs for telephone , broadcasting equ ipment for cable systems , satellite dish systems, cellular systems , television, radio, and other emergency warning systems , but excluding towers , poles , lines , cables , and conduits); (5) Public utility plant facilities for generation and distribution ( hubs, treatment plants, substations and pumping stations for water, power and gas , but not including towers , poles , power lines , buried pipelines , transmission lines , distribution lines , and service lines); and (6) Air Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions , and associated infrastructure (aviation control towers , air traffic control centers, and emergency equipment aircraft hangars). Specific exemptions to this category include wastewater treatment plants (WWTP), non- potable water treatment and distribution systems , and hydroelectric power generating plants and related appurtenances. Public utility plant facilities may be exempted if it can be demonstrated to the satisfaction of the city council that the facility is an element of a redundant system for which service will not be interrupted during a flood. At a minimum , it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected , the alternative facilities are either located outside of the 100- year floodplain or are compliant with the provisions of this Section , and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the city council on an as-needed basis upon request. b. Hazardous materials facilities include facilities that produce or store highly volatile , flammable , explosive , toxic and /or water-reactive materials . These facilities may include: (1) Chemical and pharmaceutical plants (chemical plant , pharmaceutical manufacturing); (2) Laboratories containing highly volatile , flammable , explosive , toxic and/or water-reactive materials ; (3) Refineries ; (4) Hazardous waste storage and disposal sites; and (5) Above ground gasoline or propane storage or sales centers . Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits . If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place and the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical , then that facility shall be considered to be a critical facility . The TPQ for these chemicals is : either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C.F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10 ,000 pounds for any other chemical. This threshold is consistent w ith the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C.F.R. § 1910 (2010). The Environmental Protect ion Agency (EPA) regulation "Designation , Reportable Quantities, and Notification ," 40 C.F.R. § 302 (2010) and OSHA regu lation "Occupational Safety and Health Standards ," 29 C.F .R. § 1910 (2010) are incorporated herein by reference and include the regulations in existence at the time of the promulgation this ordinance , but exclude later amendments to or editions of the regulations Specific exemptions to this category include : (1) Finished consumer products within retail centers and households containing hazardous materials intended for household use , and agricultural products intended for agricultural use . (2) Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public . (3) Pharmaceutical sales , use , storage , and distribution centers that do not manufacture pharmaceutical products . These exemptions shall not apply to buildings or other structures that also function as critical facilities under another category outlined in this Section . c . At-risk population facilities include medical care , congregate care , and schools . These facilities consist of: (1) Elder care (nursing homes); (2) Congregate care serving 12 or more individuals ( day care and assisted living); (3) Public and private schools (pre -schools , K-12 schools), before-school and after-school care serving 12 or more children); d . Facilities vital to restoring normal services including government operations . These facilities consist of: (1) Essential government operations (public records , courts , jails , building permitting and inspection services , community administration and management, maintenance and equipment centers); (2) Essential structures for public colleges and universities (dormitories , offices , and classrooms only). These facilities may be exempted if it is demonstrated to the city council that the facility is an element of a redundant system for which service will not be interrupted during a flood . At a minimum , it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 1 00-year floodplain or are compliant with this ordinance , and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood . Evidence of ongoing redundancy shall be provided to the city council on an as-needed basis upon request. 2. PROTECTION FOR CRITICAL FACILITIES . All new and substantially improved critical facilities and new additions to critical facilities located within the SFHA shall be regulated to a higher standard than structures not determined to be critical facilities. For the purposes of this Section , protection shall include one of the following : a . Location outside the SFHA ; or b. Elevation of the lowest floor or floodproofing of the structure , together with attendant utility and sanitary facilities , to at least two feet above the base flood elevation . 3. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES New critical facilities shall , when practicable as determined by the city council , have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a1 00-year flood event. Sec. 26-807. Nonconforming uses and structures. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions : A. No such use shall expand or enlarge the nonconformity except in compliance with the provisions of these regulations . B. No substantial improvement to any nonconforming structure over the life of the structure shall be allowed unless the nonconform ing structure is permanently changed to a conforming structure. C. If such use is discontinued for two (2) consecutive years , any future use of the building and premises shall conform to these regulations . D . Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses . E. Any alteration, addition , or repair to any nonconforming structure permitted pursuant to subsection B., above, shall be protected by floodproofing measures pursuant to section 26-808C.4 .a . Sec. 26-808. Administration. A. Floodplain administrator. The director of public works of the City of Wheat Ridge or designee shall be the floodplain administrator . The duties of the administrator shall include , but not be limited to : 1. Coordination between departments and divisions : a. Coordinate the application , permit, review , appeal , certification , and enforcement processes between the office of the floodplain administrator and other departments and divisions as appropriate to ensure compliance with these regulations and an efficient use of staff. b. All applications and certifications shall be submitted to the department of public works from which further routing to other departments and divisions and utility companies shall occur. c . All administrative decisions require the property to be posted for fifteen (15) days. If no protests are filed , the perm it may be issued by the floodplain administrator . If a protest is f iled , then a public hearing before the board of adjustment will be scheduled following the applicable noticing and other requirements of section 26-109. 2 . Development permit review: a. Review all development permits , which include building permits , to determine whether a property is within the SFHA and that the applicable requirements of these regulations have been satisfied . b. Review all development permits to determine that all necessary permits have been obtained from federal , state , or local governmental agencies from which prior approval is required . 3 . Information to be obtained and maintained: a. Obtain certification from applicant's engineer and record the actual elevat ion (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. b. Mainta in for publ ic inspection all records pertaining to the provisions of these regulations . c. All records required by these regulations shall be maintained with the associated development permits in the department of public works . 4 . Use of other base flood data . When base flood elevation data has not been provided by the applicant or his representative , the floodplain adm inistrator may obtain , review , and reasonably utilize any base flood and floodway elevation data available from federal , state , or other sources as criteria for requiring that new construction , substantial improvements , or other development in the SFHA in order to administer subsections 26-806C ., D . and F. 5. Alteration or relocation of watercourses: a . No alteration or relocation of a watercourse shall occur without the approval of the floodplain administrator. Consideration of gravel extraction operations shall be in accordance with state law(C.R.S. § 3-4-1-301). b. Upon receiving approval , the applicant shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA. The applicant shall provide all data required by FEMA for a letter of map revision. c . The carrying capacity of an altered or relocated watercourse shall be maintained . 6 . Interpretation of digital flood insurance rate map (DFIRM) boundaries. The floodplain administrator shall make interpretations , where needed , as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection B ., below. B. Mapping disputes . The following procedure shall be used by the floodplain administrator in deciding contested cases in which the location of a district boundary is disputed : 1. In all cases , the person contesting the location of the district boundary shall be given a reasonable opportunity to submit his own technical evidence if he so desires . The floodplain administrator shall not allow deviations from the boundary line as mapped . If the evidence clearly and conclusively establishes that the mapped location of the line is incorrect, a FEMA letter of map revision must be completed by the applicant prior to the issuance of a development permit. 2 . The administrator shall render a written opinion within thirty (30) days following receipt of the applicant's technical evidence setting forth the findings of fact and the reasons for the decision . 3. Applicants shall have the right to appeal such decisions to the board of adjustment. Application for appeal must be made within thirty (30) days. C. Floodplain permits: 1. Application . There shall be two (2) types of floodplain permits : Class I and Class II. The approval of either floodplain permit does not substitute for any other permit that may be required by city ordinance, such as building permits . 2 . Floodplain permit-Class I. Any use enumerated in this paragraph may be permitted only upon the issuance of a Class I floodplain permit by the floodplain administrator and in compliance with section 26-806 . D . a . Structures for non-human occupancy. Fences , sheds , signs , and accessory buildings may be permitted only upon a finding that the structures do not create a negative impact on the base flood elevation or flow velocity. b . Structures for human occupancy. Improvements to existing structures may be permitted only upon a finding that the improvements proposed are not substantial improvements, as defined in section 26-802 c. Fill or deposition of material. Fills or deposition of materials may be permitted only upon a finding that the proposed plan will comply with section 26-806 . D . 3. Floodplain permit-Class II. Any use enumerated in this paragraph may be permitted only upon the issuance of a Class II floodplain permit by the board of adjustment after a public hearing and in compliance with section 26-806 . D. a . Structures for human occupancy. New construction or substantial improvement of any residential , commercial , industrial , or other nonresidential structure may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that the lowest floor , including basement, is elevated to one (1) foot or more above the base flood elevation . b. Manufactured homes. New manufactured home parks and manufactured home subdivisions , expansions of existing manufactured home parks and manufactured home subdivisions , and existing manufactured home parks and manufactured home subdivisions where the repair , reconstruction or improvement of the street utilities exceeds fifty (50) percent of the fair market value of the streets , utilities , and pads before the repair, reconstruction, or improvement has commenced, and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that: (1) All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one (1) foot or more above the base flood elevation and is securely anchored to an adequately anchored foundation system . Manufactured homes shall be anchored in accordance with subsection F .12. of this section ; and (2). Adequate surface drainage and access for a hauler will be provided . 4 . Submittal requirements. The applicant for a floodplain permit shall provide the following information as a part of the application , unless waived by the administrator: a. Completed application form and required application fee , b. A plan certified by a registered engineer, competent in open-channel hydraulics , which accurately locates the applicant's property with respect to the SFHA limits, channel of stream , existing developments , together with all pertinent information such as: the nature of the proposal ; legal description of the property; fill limits and elevations ; building's lowest floor elevations in relation to the datum used on the FEMA map and study; floodproofing measures and elevation in relation to mean sea level to which any structure has been floodproofed ; a report covering the effects of equal degree of encroachment of other nearby properties of the SFHA; and a description to the extent to which any watercourse will be altered or relocated as a result of the proposed development. c. In addition , all subdivis ion proposals and other proposed new developments which are located in any SFHA shall include within such proposals base flood elevations . d. As much of the following additional information as is deemed necessary by the floodplain administrator for the evaluation of the effects of the proposal upon flood flows and the floodplain and to render a decision on the floodplain permit: (1) A typical cross-section showing the channel of the stream , the floodplain adjoining each side of the channel , cross-sectional area to be occupied by the proposed development, and high-water information. (2) Plan (surface view) showing elevations or contours of the ground; pertinent structure, fill , or storage elevations ; size , location, and spatial arrangement of all proposed and existing structures on the site ; location and elevations of streets , water supply, and sanitary facilities ; soil types ; and other pertinent information . (3) Profile showing the slope of the 1 00-year flood and the bottom of the channel or thalweg of the stream. (4) Specifications for building construction and materials , floodproofing , filling , dredging , grading, channel improvement, storage of materials , water supply , and sanitary facilities. (5) Hydraulic calculations for all proposed channelization. 5. Factors upon which the decision shall be based. The determination of the floodplain administrator or the board of adjustment on each floodplain permit shall be based on the effects of the proposed project with respect to the objectives and purpose of these regulations as stated in section 26-801 6 . Conditions attached to floodplain permits. Upon consideration of the factors listed above and purposes of these regulations, the floodplain administrator or board of adjustment may attach such conditions as deemed necessary in furthering the purposes of these regulations . A copy of these conditions shall be presented to the applicant and a copy of these conditions shall be transmitted to the chief building official, which shall be kept on file. Such conditions may include specifications for , without limitation because of specific enumeration, modification of sewage disposal and water supply facilities, modification of other waste disposal methods and facilities, landscaping periods of operation, operational controls , sureties , deed restrictions , and adequate floodproofing . a . Floodproofing: Floodplain permits requiring floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area and flood velocities , forces, and other factors associated with the flood protection elevation. The floodplain administrator shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood protection elevation for the particular area. Floodproofing measures may include the following: (1) Anchorage to resist flotation and lateral movement. (2) Installation of watertight doors, bulkheads, and shutters . (3) Reinforcement of walls to resist water pressures. (4) Use of paints, membranes, or mortars to reduce seepage of water through walls . (5) Addition of mass or weight to structures to resist flotation. (6) Installation of pumps to lower water levels in structures . (7) Construction of water supply and waste treatment systems to prevent the entrance of floodwaters. (8) Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures. (9) Construction to resist rupture or collapse caused by water pressure or floating debris. (1 O)Cutoff valves on sewer lines or the elimination of gravity flow basement drains. Furthermore, measures must be taken to ensure that the construction does not in any way cause the 1 00-year flood to become more damaging to other residents within the SFHA . 7. Class I floodplain permits; timeliness of decision. The floodplain administrator shall render a written decision granting or denying the floodplain permit application. If a denial is made , the decision shall set forth the floodplain administrator's findings of fact and reasons for the denial. Applicants shall have the right to appeal any adverse decision to the board of adjustment. Such appeal must be filed with the board of adjustment within thirty (30) days from the date of the floodplain administrator's decision. D. Review by the board of adjustment. 1. The board of adjustment of the City of Wheat Ridge shall hear and decide appeals of Class I floodplain permits which have been denied or conditionally approved by the floodplain administrator and requests for Class II floodplain permits as provided within these regulations. 2. The board of adjustment shall hear and decide appeals of Class I floodplain permits when it is alleged there is an error in any requ irement , decision , or determination made by the floodplain administrator in the enforcement or admin istration of these regulations. Any decision in favor of the applicant shall be considered a variance . 3. Those aggrieved by the decision of the board of adjustment may appeal such decisions to the Jefferson County District Court, as provided by the Wheat Ridge Code of Laws . 4 . In passing upon such application , the board of adjustment shall consider all technical evaluation , all relevant factors , standards specified in other sections of these regulations , and : a . The danger that materials may be swept into other lands to the injury of others ; b. The danger to life and property due to flooding or erosion damage ; c . The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; d. The importance of the services provided by the proposed facil ity to the community ; e. The necessity to the facility of a waterfront location , where applicable ; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage; g. The compat ibility of the proposed use with the existing and anticipated development ; h. The relationship of the proposed use to the comprehensive development plan and floodplain management program for the area ; i. The safety of access to the property during times of flood for ordinary and emergency vehicles ; j . The expected heights , velocity , duration , rate of rise , and sediment transport of the floodwaters expected at the site ; k. The costs of providing governmental services during and after flood conditions , including maintenance and repair of public utilities and facilities , such as sewer , gas , electrical , and water systems , streets , and bridges . 5. Upon consideration of the factors of subsection 0.4 ., above , the board of adjustment shall affirm or reverse , in whole or in part , the decision of the floodplain administrator (with respect to Class I floodpla in permits), and may attach such cond itions to the granting of floodpla in permits or variance as it deems necessary to further the purposes of these regulations . 6. The floodplain administrator shall maintain the records of all appeal actions , including technica l information , and report any variance to FEMA , upon request. E. Conditions for class 1 floodplain permit variances . 1. Variances may be issued for the reconstruction, rehabilitation , or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places, upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure .. 2. Variances shall not be issued within any designated floodway . 3. Variances shall only be issued upon a determination that the var iance is the minimum necessary, cons idering the flood hazard , to afford relief . 4. Variances shall only be issued upon : a. A showing of good and sufficient cause; b . A determination that failure to grant the variance would result in exceptional hardship to the applicant ; and c . A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, or create nuisances, cause fraud on , or victimization of the public as identified in section 26-801 (c), or conflict with existing local laws or ordinances. Sec. 26-809. Certificate of compliance. A. No vacant land shall be occupied or used, and no building hereafter erected, altered, or moved into the SFHA until a floodplain permit has been issued by the floodplain administrator or the board of adjustment indicating that the use or proposed use or structure complies with the provisions herein. B. A certificate of compliance shall be requested for upon completion of any project, construction, or use for which a floodplain permit was granted. The use permitted by the project shall not commence until a certificate of compliance is issued . C . Issuance of a certificate of compliance by the floodplain administrator shall be required before a certificate of occupancy or completion may be issued by the department of community development. The certificate of compliance shall indicate that there has been compliance with these SFHA regulations and any conditions attached to a floodplain permit. D. The floodplain administrator shall require the applicant, when required by Section 26-808. C. 2 ., to submit a certification by a registered professional engineer that the finished fill and building floor elevations, floodproofing measures , or other flood protection factors were accomplished in compliance with the provisions of these regulations and any conditions attached to a floodplain permit. The floodplain administrator shall within ten (1 0) days after receipt of such certification from the applicant issue a certificate of compliance only if the building or premises and the proposed use thereof conform with all the requirements of these regulations and any conditions attached to a floodplain permit. Said submitted certification , along with a copy of the certificate of compliance , shall be kept on record in the department of public works. Sec. 26-810. Enforcement and penalties . Every structure , building, fill , or development placed or maintained within the SFHA in violation of these regulations is a public nuisance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City of Wheat Ridge, the state , or any citizen thereof. Any person who places or maintains any structure , building, fill, or development within the SFHA in violation of these regulations shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one thousand dollars ($1 ,000.00) or imprisoned not more than one (1) year or both. Each day during which such violation exists is a separate offense . In the event it becomes necessary for the city to bring action to enjoin or abate any such violation of this section, the city shall be entitled to recover, in addition to any fine or penalty imposed hereby, its cost of bringing said action and/or abating any such structure , building , fill, or development placed or maintained within the SFHA , which costs shall include attorneys' fees as well as the actual costs incurred by the city. Sees. 26-811-26-900. Reserved. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this gth day of December, 2013, ordered published with Public Hearing and consideration on final passage set for January 13th, 2014, at 7:00p.m., in the Council Chambers, 7500 W. 29th, Wheat Ridge, CO, and that it take effect 15 day after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 13th day of January, 2014. SIGNED by the Mayor on this ___ day of _________ , 2014. ATTEST: Janelle Shaver, City Clerk First Publication: December 12, 2013 Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved As To Form Gerald E. Dahl, City Attorney .... ~4~ ... r-City of ?\VheatRi_dge PLANNING COMMISSION Minutes of Meeting December 5, 2013 1. CALL THE MEETING TO ORDER The meeting was called to order by Chair BRINKMAN at 7:03p.m. in the City Council Chambers of the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado. 2. ROLL CALL OF MEMBERS Commission Members Present: Commission Members Absent: Staff Members Present: 3. PLEDGE OF ALLEGIANCE 4. APPROVE ORDER OF THE AGENDA Anne Brinkman Alan Bucknam Scott Ohm Steve Timms Amanda Weaver Tracy Guildner Meredith Reckert, Senior Planner Sally Payne, Senior Planner Mark Westberg, Project Supervisor Kim Waggoner, Recording Secretary It was moved by Commissioner TIMMS and seconded by Commissioner OHM to approve the order of the agenda. Motion carried 5-0. 5. APPROVAL OF MINUTES -October 17, 2013 It was moved by Commissioner BUCKNAM and seconded by Commissioner TIMMS to approve the minutes of October 17, 2013, as written. Motion carried 4-0 with Commissioners OHM abstaining. 6. PUBLIC FORUM (This is the time for an y person to speak on any s ubject not appearing on the agenda .) Planning Commission Minutes December 5, 2013 Attachment 2 - 1 - No one wished to speak at this time. 7. PUBLIC HEARING A. Case No. WPA-13-02: A resolution adopting an addendum, "Three-Mile Plan" to the Comprehensive Plan. This case was presented by Sally Payne. She entered into public record the case file , and the Comprehensive Plan. She reviewed the staff report. She stated the plan does not need to be approved by City Council for adoption. Commissioner BUCKNAM asked for an explanation of the abbreviation "dulac" on the legends of the orth Plains Area Plan and Central Plains Area Plan maps. Ms. Payne stated it stands for "dwelling units per acre". Commissioner OHM asked if the boundaries on Map 2 (Jefferson County Planning Areas) match up with the boundaties of the attached Central Plains Area Plan Map. Ms. Payne stated the boundaries can be v erified . It was moved by Commissioner BUCKNAM and seconded by Commissioner OHM to approve Planning Commission Resolution No. 2013-03, A Resolution concerning the adoption of an addendum to the Wheat Ridge Comprehensive Plan of the Three-Mile Plan. Motion carried 5-0. B. Case No. ZOA-13-02: Amendments to Chapter 26, Zoning & Development Code concerning floodplain control. Ms. Reckert stated Mr. Westberg would be presenting a majority of the presentation. The floodplain regulations are housed in Article 8 of Chapter 26 , Zoning & Development Code . Staff is proposing a repeal and reenactment of the entire section with four major goal s in mind . There are new state regulations that need to be adopted in order for Wheat Ridge to stay current within the National Flood Insurance Program plan, adoption of new floodplain maps , updated language to coincide with industry standards and a change administration of the flood plain regulations; the Community Development department is responsible for processing floodplain applications but the Floodplain Administrator is housed in the Public Works department. Mr. Westberg reviewed the digital presentation. He stated there were about 100 plus people at the public meeting on October 23, 2013. First reading at City Council will be on December 9 , 2013 and the public hearing will be on January 13 , 2014. State regulations must be adopted by January 14,2014. The new map effective date is February 5, 2014. Planning Commission Minutes December 5, 2013 -2 - Commissioner OHM asked if 2-foot base flood elevation is enough for the hazardous category. Mr. Westberg replied it does provide a fair amount of coverage. Commissioner TIMMS asked why the area north of 44 111 between Wadsworth & Kipling changed dramatically. Mr. Westberg stated the reason is the ridge. There is a 40-foot bluff that traverses this area and changes the topography. Commissioner TIMMS asked if there is any difference with non-residential for commercial/industrial properties. Mr. Westberg stated non-residential /non-habital space is where people work and but don't live that FEMA views as a lower risk. Flood proofing is allowed. Hazardous materials should be stored above the elevation of 1-foot. Commissioner WEAVER asked if there is a list of secondary flooding/tributaries. Mr. Westberg stated the tributary areas that drain to a water drainage way has to be a certain size for FEMA to recognize it to map them . Commissioner Weaver stated anybody can get flood insurance. Mr. Westberg concurred. There was some discussion of the storm event that occurred in September 2013. Chair BRINKMAN asked if the City lost any points due to the properties that came out of the floodplain. Mr. Westberg stated 5 points are earned for every house physically removed from the floodplain , but not as to result of mapping changes. Chair BRINKMAN asked what general themes were raised by the citizens at the open house meeting. Mr. Westberg stated the same presentation was given. Many people inquired about basements and how those are affected. The attendees recognized the City was trying to assist them tlu·ough the process. It was a positive meeting. It was moved by Commissioner OHM and seconded by Commissioner WEAVER to recommend approval of the proposed ordinance amending Article VIII of Chapter 26 concerning Floodplain Control for the following reasons: 1. It reflects new state regulations 2. It adopts the new FIRM maps. 3. It updates language to match current industry standards. 4. It modifies the administrative review processes. Chair BRINKMAN stated she has been working on the flood recovery insurance claims for the last three months. Base flood elevations are critical. Flood insurance has paid out a huge amount of money so far ; however, it is devastating for the people who don 't have insurance. Motion approved 5-0. Chair BRINKMAN closed the public hearing. Planning Commission Minutes December 5, 2013 -3 - 8. OTHER ITEMS A. Recommendations for 38th A venue streetscape design will be presented to City Council on December 16. B. The Ridge at 38 tree lighting ceremony is this Sunday from 3:00pm to 7:00pm. C. Chair BRfNKMAN inquired about the real estate sign on the Elway property that says "Under Contract". Ms. Reckert replied there haves been discussions with potential purchasers and developers but that is all she knew D. Ms. Reckert stated there are two minor subdivision cases scheduled for December 19. E. Ms. Reckert stated a new member will be appointed on December 9 from district four. There is still another opening on Planning Commission for district IV. 9. Adjournment It was moved by Commissioner BUCKNAM and seconded by Commissioner TIMMS to adjourn the meeting at 8:06p.m. Motion carried 5-0. Anne Brinkman, Chair Plmming Commission Minutes December 5, 2013 Kim Waggoner, Recording Secretary -4- City Council Meeting – 2nd Reading January 13, 2014 Ordinance Amendments New State Regulations State adopted on January 14, 2011 City must adopt by January 14, 2014 New Floodplain Maps - DFIRM FEMA adopted on August 5, 2013 City must adopt by February 5, 2014 Updated Terminology Special Flood Hazard Area Floodplain Permit New State Regulations Minimum freeboard of one foot City already uses this standard Minimum freeboard for critical facilities of two feet Essential facilities Hazardous materials sites At-risk populations Vital facilities Removed from floodplain w/ fill still has freeboard No basements in those areas New Floodplain Maps - DFIRM Original Mapping Clear Creek – November 1979 Lena Gulch – June 1975 Updated Mapping Clear Creek – April 2007 Lena Gulch – October 2007 Sponsors Urban Drainage & Flood Control District (UDFCD) City of Wheat Ridge and other local agencies New Floodplain Maps - Why Reasons for Update Updated & Better Topography Updated Calculations Methods Communicate Risk, if in 100-year floodplain 26% chance of flooding over a 30 year mortgage Much greater risk than fire – 9 times more likely Alerted to buy Flood Insurance Sept 2013 – 17% of impacted homes not in FIRM Flood losses not covered by homeowner policies National Flood Insurance Program (NFIP) Community Rating System (CRS) City regulations and activities result in discount Currently Class 6, Only 8 others are Class 6 or above 20% discount Current Citywide Participation 188 flood insurance policies $ 180,478 in annual NFIP premiums 25 claims since 1978 $ 91,281 in payments Biggert-Waters 2012 – BW -12 Goal – make NFIP solvent Insurance rate is more risk based Lower elevations pay higher rate Higher elevations pay lower rate Congress may delay some of the implementation BW -12 – Existing Policies Pre -FIRM Properties 60% of our polices are pre-FIRM Most receive a subsidized rate New policy = full-risk rate Post -FIRM Properties Many are already paying full-risk rate Some annual rate increases BW -12 – New Policies All New Policies Need Elevation Certificate - $400 to $800 Rate affected by: Elevation above or below Base Flood Elevation, BFE Amount of coverage, deductible, etc. Current FIRM – Full-risk Rate New DFIRM – Newly mapped area Grandfathered rate Previous zone rate – out of floodplain Phased out starting in late 2014 What Can Be Done? Property owners Lower coverage or higher deductibles Mitigation Raise house Add vents Fill basement City of Wheat Ridge Increase CRS rating Provide technical advice Fund mitigation projects 2012 CRS Manual Open Space Credits much higher – almost 50% Additional Outreach Top of Hour video Annual Floodplain Open House Presentations at District/Town Hall Meetings Request verification in 2014 May be able to raise rating to Class 5 Only two communities in Colorado are Class 5 or better 25% discount QUESTIONS ,.\·~ ..... .,. City of • :rwlieat:Ri_dge ITEM NO:~ DATE: January 13, 2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 04-2014 - A RESOLUTION APPROVING THE ACQUISITION OF PRIVATE PROPERTY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING AND USING PUBLIC IMPROVEMENTS FOR THE KIPLING STREET MULTI-USE TRAIL BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY'S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES D PUBLIC HEARING D BIDS /MOTIONS [2] RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N D READING QUASI-JUDICIAL: D YES ISSUE: The City was awarded federal funding for a multi-use trail project on Kipling Street from 32"d Avenue to 44111 Avenue through the Denver Regional Council of Government (DRCOG) Transportation Improvement Program (TIP) in March 2011. The project includes the construction of a trail to accommodate pedestrians and bicyclists. At this time, construction plans have essentially been completed and right-of-way acquisition needs have been determined with the assistance of the City's consultant, Bohannan Huston. The City has completed a right-of-way review process with CDOT and has been granted approval to move forward with the right-of-way (property acquisition) process. This process requires adherence with procedures set forth by state and federal requirements. As part of those requirements, the City Council must approve a resolution authorizing commencement of the acquisition procedure. Council Action Form January 13, 2014 Page 2 Private property may be acquired through negotiation and voluntary purchase, or, if necessary through the utilization of the City's power of eminent domain. The project is anticipated to commence construction in 2014. In order for construction to proceed on schedule, the property acquisition process must move forward immediately. PRIOR ACTION: On October 10, 2011, the City Council approved an Intergovernmental Agreement (IGA) with CDOT to assist in advancing the project process and assign responsibilities and obligations of each agency. On July 23, 2012, the City awarded a contract to Bohannan Huston to assist the City in identifying specific right-of-way acquisition needs. FINANCIAL IMPACT: City Staff is responsible for administration of the design and construction with reimbursement of 78% (federal funds) of all construction-related costs, not to exceed $2,473,000, administered by CDOT. While the project cost is not anticipated to exceed the project estimate, any unlikely shortfall will be provided by the City. A budget line item, titled Kipling Pedestrian Improvements is included within the Capital Investment Program (CIP) to finance the project. Specifically, $2,835,000 has been allocated in 2014 for both construction and completion of design and the right-of-way acquisition process. At this time, the right-of-way acquisition cost (not including engineering and professional services) is estimated to be approximately $180,000. The total estimated project cost at this time, including engineering, construction, and right-of-way is $3,178,000. BACKGROUND: In October 2010, the City applied to the DRCOG for federal transportation funds available for fiscal years 2012 through 2017 to help finance the construction of a multi-use trail on Kipling Street from 32nd to 44111 Avenue. DRCOG awarded the grant application in March 2011. This project will provide a new pedestrian and bicyclist facility which will connect Crown Hill Park, Discovery Park, the Wheat Ridge Recreational Center and the Clear Creek Trail. This facility will also improve the safety for users as a result of a new wide trail. The proposed trail construction is included in the City's Bike and Pedestrian Master Plan. In conjunction with the project, on June 24, 2013, the City requested that Public Service Company of Colorado, doing business as Xcel Energy, bury the overhead electric lines from 32 11d Avenue to 35th Avenue. To facilitate the undergrounding, the City must provide Public Service Company of Colorado two utility easements outside of the street rights-of-way. The City authorized Xcel Energy to proceed with the undergrounding design on March 14,2013. With Council Action Form January 13,2014 Page 3 completion of review of the right -of-way and construction plans, CDOT is processing a penn it submitted by XCEL Energy to begin the undergrounding. The City is responsible for completing the construction plans and obtaining all required clearances for utilities, environmental approvals and right-of-way acquisitions. CDOT will administer the project's federal funding, while the City will manage the project design and construction. The professional firm ofHC Peck and Associates, who specialize in right-of-way acquisition for public purposes, will also be utilized by the City as part of the acquisition process. RECOMMENDATIONS: Staff reconunends that City Council approve the attached resolution authorizing acquisition of certain private propetiies for the purposes of public improvements along Kipling Street multi-use trail by such action as deemed necessary. RECOMMENDED MOTION: "I move to approve Resolution No. 04-2014, a resolution authorizing the acquisition of private property for the purpose of constructing, installing, maintaining and using public improvements for the Kipling Street multi-use trail by negotiation and voluntary purchase, or, if necessary through the utilization of the City's power of eminent domain and authorizing such action as necessary to accomplish said purposes." Or, "I move to postpone indefinitely Resolution No. 04-2014, a resolution authorizing the acquisition of private propetiy for the purpose of constructing, installing, maintaining and using public improvements for the Kipling Street multi-use trail by either negotiation and voluntary purchase or, if necessary, through the utilization ofthe city's power of eminent domain, and authorizing such action as necessary to accomplish said purposes, for the following reason(s) REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Scott Brink, Public Works Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 04-2014 " CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 04 Series of 2014 TITLE: A RESOLUTION CONCERNING THE ACQUISITION OF PRIVATE PROPERTY FOR THE PURPOSE OF CONSTRUCTING, INSTALLING, MAINTAINING AND USING PUBLIC IMPROVEMENTS FOR THE KIPLING STREET MULTI-USE TRAIL BY EITHER NEGOTIATION AND VOLUNTARY PURCHASE OR, IF NECESSARY, THROUGH THE UTILIZATION OF THE CITY'S POWER OF EMINENT DOMAIN, AND AUTHORIZING SUCH ACTION AS NECESSARY TO ACCOMPLISH SAID PURPOSES WHEREAS, the City of Wheat Ridge, Colorado possesses the power of eminent domain pursuant to Article XX, §§1 and 6 of the Colorado Constitution, Section 16.4 and 1.3 of the City of Wheat Ridge Home Rule Charter, C.R.S. §38-1-101, etseq., and C.R.S. § 38-6-101, et seq.; and WHEREAS, the City Council for the City of Wheat Ridge seeks to acquire certain property rights more particularly described on the attached Exhibit A for the purposes of constructing, installing, maintaining and using public improvements for a multi-use trail along Kipling Street in Wheat Ridge, Colorado; and WHEREAS, the City of Wheat Ridge has complied and intends to continue to comply with all applicable provisions of C.R.S. § 38-1-101, et seq., including, but not limited to, the notice and good faith negotiation requirements and provisions thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Wheat Ridge that: Section 1. The term "Subject Property" means the Easement interest in the real property more particularly described in attached Exhibit A. Section 2. The City Council hereby finds that the acquisition of the Subject Property for the construction, installation, maintenance and use of the public improvements for a multi-use trail will serve a proper, public and municipal purpose and use, and that such acquisition is necessary and essential to this public purpose and use. The City Council hereby declares its intent to acquire the Subject Property for the purposes stated herein. Section 3. The City Manager or his designee, in consultation with the City Attorney, is directed to provide notice of the City's intent to acquire the Subject Property to the various owners of said property and to thereafter conduct good faith negotiations with the owners for the acquisition of the property rights sought. The City Manager is authorized to make offers for all or portions of the Subject Property based upon the appraisal or fair market valuation of the same, and is further authorized to execute Attachment 1 agreements for the acquisition of all or portions of the Subject Property as described on the attached Exhibit A: Right-of-way plans of proposed Project No. STU 391A-008 State Highway No. 391. Section 4. If, after making good faith offers to acquire the Subject Property, the City is unable to acquire the necessary property rights by negotiation and/or voluntary purchase, the City Attorney is hereby authorized to institute and prosecute eminent domain proceedings in the name of the City so as to acquire the Subject Property by condemnation. In the prosecution of any eminent domain actions to acquire the Subject Property, the City shall have and retain all rights and powers lawfully delegated to it by the Colorado Constitution, the City of Wheat Ridge Home Rule Charter, and C.R.S. § 38-1-101, etseq. and C.R.S. § 38-6-101, etseq. Section 5. The City Manager or his designee, in consultation with the City Attorney, is authorized to seek and to take immediate possession of the Subject Property as may be necessary for constructing, installing, maintaining and using public improvements for a multi-use trail, and to make such deposits or other payments as may be necessary in connection therewith. If eminent domain proceedings are instituted, the City Manager or his designee, in consultation with the City Attorney, is authorized to retain such expert witnesses, including appraisers, as the City determines are necessary for the condemnation proceedings. Section 6. The City Manager or his designee, in consultation with the City Attorney, are hereby specifically authorized to make such reasonable or necessary amendments and corrections to the terms and/or legal descriptions of the Subject Property to be acquired, including authorization to include such additional or other property rights necessary or desirable for the City to acquire so as to construct, install, maintain and use the public improvements for a multi-use trail. Section 7. The City Council hereby finds, determines and declares that this Resolution is promulgated under the general police power of the City of Wheat Ridge, that it is adopted for the health, safety and welfare of the public, and that this Resolution 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 Resolution bears a rational relation to the proper legislative object sought to be obtained. Section 8. If any clause, sentence, paragraph or part of this Resolution or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect application to other persons or circumstances. Section 9. This Resolution shall become effective immediately upon adoption. 2 DONE AND RESOLVED this __ day of _____ , 2014. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk 3 i II jfl § ill "•I i., f1 I! !-~ tl!i lj f " l ~ f I I i ' I .. l i .. 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S-03-ll, 9785 llloroon CWcle Scm 140 El9nood, ro eon2 SHEET NO. 1.01 2.01-2.03 3 .01 4 .01-4.05 5.01-5.02 6.01 7.01-7.07 8.01-8.03 INDEX OF SHEETS (I) Title Sheet (3) T obolction or Properties (NA) Project Control Diogrom (5) lond Survey Control Oiogrom (2) lrtorunentotion Sheets (NA) Tobolction of Rood Approoc/1 Sheet.s (7) PIOn Sheets (3) OwnerShip lrtap (21) T otol Sheet• Scdes of Origilof llxl7 Oroft!gs Pion Sheets 1"•40' Ownerstip ~ 1"•100' ,_____.;. _ ___;....;.;.;....;.;.;:.:..:..:._...J2. For title itformotion, The Colorado Deportment of retied on Title Poky, Tille Comnitments, Cl'ld u....,...,.,vw~o.,;, prepared by H.C. PeCk & Associates, Inc. for BohmnM-Ifil,.tm. =~-,-..,.------~ J. This plan set is subject to c:hon_9e Cl'1d mor. not be the most cwrent set. II is the user's r~S!Nity to verify wtth aJOT thot tlis set is the most cwrent. The itformoticin contained on the oltodled clrowitg is not void unless this copy b-s on anginal sicpoture of the ProfessiOnal land Surveyor hereon hOrned. L..:..~~;..;..;.:.....;;.:.::...:;-=:::.........JMJTIC£: Acc:ording to Colorodo low you must conmence ony legal oc:tion bosed ~ ony defec:t in thiS survey within three years olter you frst discover such defect. In no event moy ony oc:tion bostd upol! ony dlefeet in this surver. be c:ommenced more lhon ten yeors from the dole of the cerlificotion shown hereon . ==-:-.,....-----~ COLORADO O£PARTII£NT OF TRANSPORTATION STAT£ HIGHWAY PRO.£CT CDIIT __ _ SUM Till ST Al!liENT 0111'1 PUll) Exhibit A Colorado Deportment of Transportation Sheet<>. -2000 South Hoi{: Denver, CO 80 22 Phone: 303-7~7-9923 FAX: 303-7~7-9390 [ Region 1 SLK ~ .O.W TABUlATION OF :lli:::S IN L Sfto-1 1885 W. 32nd Ave. s ......... 3300 Klping SL a--- s ..... - Sheet ... COUtm STATE ~V NO 391 Locatf., T.lS ., R.-. t1T1t '·"· HN 1/4 Section 27 s ......... 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Tomparwyeon.-Eaom•tlorhl cannodlon 0.023 .. ltW-13 twJOHEHIAUOH FAMLY lRUST 42CI Klplng St. sw 114 SICtlon 22 424ol M7t511 055471\2013 POiooa WI.-Ridge. co~ 0.0108C 1.510ac !IUbofl, co 10107 TE-13 .__..._ __ ..._ ·---1441 II s.n··-TomponryOollo--11111or hi """nodlon 0.03380 ltW-131. s-.o~oo. 4211KII*lclll. sw 114 Sactlon 22 311011 13111ef 0554M2013 w..""" co 80033 0.00880 1.237ac TE-131. ~---..... ..._ ............ 1110of sam •• ..._ Tompor.ryConotuolan -onllorhl canneclon 0.027ac j Colorado Deportment of Transportation Phone: 303-757-9923 FAX: 303-757-9390 I Region I SLK - 2000 South Holy Denver, CO 80222 Sheet iiisions R.O.W TABUlATION OF t"KUt"t:.K tES IN '•rcol llo . OO...rallfp ·--llllflfnt -..... Sfte-...aa RW-13C JllloET ~UOHEIIIAUGH, TRUSTEE a< 1HE 4300 Kipling Sl ~UGHENIIAUGH I'AMil Y lRUST WhHI Rldgo, co 80033 lE-13C san.••to.. s ..... - RW-130 s.mo .. -Vaun!L8n:t lE-130 s.mo .. -.. s ..... - RW-14 RAN>Y L .EN&EN ~ NO<E Al.tl .ENSEN 4304!apllng St. &811 Door M-....111. WI.-Rlcflle, co 80033 Ooldon. co 10403 lE-14 SemoaobcM --- RW-16 ANTHONY P. 1'-COVETTA All> 4320~Bt CAROl A. IACOVETTA WI.-Rlcflle, co 100» 7532 R:Ut Ln. -"-· co 100015 lE-15 s ...... -.. Samo•llxMI RW-18 Kl!htETH H. FAENS 431110!*111 St. MIS~A-W..Ricflle,COIDO» ,.,....., co 80002 lE-18 s.n. .. -.. --- RW-111/l s ...... -.. 4310 10!*111 Sl. -Ricflle,COIID033 lE-IM s ...... -s ...... - RW-11!11 s.mo .. -.. .. W.441hA• WI.-Ridge, co 10033 TE-1111 s·---s ...... - Sheet •cv•:o•u":. Ill! ~t1on T.SS., R.-, 1TN '·"· Pcwtlon ol NW 114 S.Clkln 22 Pcwtlon o( SW 114 S.Clkln 22 0.00800 s.mo--1173ol 0.027ec NW 114 Section 22 7511 0.002ec Sarno•-5111 0.00180 NW 1/4 Seolkln 22 8311of 0.022..: ---e311of 0.015ec 354 II O.OOIIec s.n. .. -.. 11150of 0.014teo NW 1/4 Section 22 200of 0.00500 11152 of 0.02011C NW 1/4 Sec1lon 22 420of 0.01000 510of 0.01200 NW 1/4 Section 22 1011of 0.023..: ---1273 ol 0.02118C ...... rn Square Feet "' .... - 11ot Are• ms Rioht of Woy Plo_M_ E==~~ Bohannan ~Hustcn T,. .... ,.,.,;,.n of Prooerties IOilC I Project lbnber: STU J91A-oo8 9785 liboon Circle I Project loc:otion: KIPUHG STREET, BETWEEN W J2.nd AVE SOJite )40 land W 44lh AVE, SEC. 22 ' 271 IJS. R69W, 6TH P.M. Efl9lewood, CO 80112 1M. Dolo I __ ,. ..... -lllllor W/Or Reooptfon llo . Tltlo co.1t8ont llo. ., .... 41208 of O~IIA2013 O.INSec TomP«<fYConnuclcn Eaoemenllortol- 11!115ol 05551W013 0.03880 s.m ... - 2011211 0~13 0.47880 &lmo••- 21408 If 05540A2013 0.48180 Sem•··- 0.34380 &IIIII at- 05544A20t3 0.11780 Somoh- 118M II 05545A2013 0.2118 .. Sameaalllbow ~~------------------------------------------------------------------------------------------------------------------------- Colorado Deportment of Transportation Sheet Revisions Sheet Revisions Sheet Revisions Land Surve Control - 2000 South Holy Oenver, CO 80222 Phone: 303-757-9923 FAX: 303-757-9390 Region 1 SL'K XX XliXll IXIDOOOOI 9785 Maroon Circle SW!e 140 Englewood, CO 80112 • • • DEPARTMENT OF TRANSPORTATION STATE OF COLORADO SHEET NO. 4 .01 4 .02 4.03-4.05 INDEX OF' SHEETS (I) ntle Sheet (I) lofonument Coordinate Tobie (3) Pion StiHlS (5) Total Sheets i CD SU U«<IT _, m <D ~ -rTWAY [AIOIDIT"*f - 0 Q Q 0 .... pp NOM ClJIIII[W, SIX1[[JITH, III.M -PIIIJ'OITT Pill MIM-IIG l[CTD CIROS ' "·z Q • we we fliiDUI. MNIOIT WIIII(SS tai€R IIDDf lUIIe ~ -e ~ lOtA. !II PI.SS IIJUOT .. H 9.118 E 3.111 EL 0.00 Plll.lCT CIIITIQ. -T General Notes: ROW RJQIT rT WAT -eN 10.13 eN IO.JS E 3.81 E 3.81 EL 0.00 EL 0 .00 ~ICATDI lfc:M K:tJaJCY fiDtiOCI: CDITIIIl. IOUt1DIT II[,_ CUIITIICI. IOUt1DIT PROJECT SITE 1 1 I. This Preliminary Lond Survey Control Oiogrom is on interim document for informational purposes only. This document will be superseded by the .. ! Land Survey Control Oiogrorn included with the deposited right of way pions. 2. Title policy, title commitment, and title research ore not port of this s~rvey, therefore easements, rights, and restrictions of record were not reseorched and ore not shown on this diogrorn. The verification of i the physical evidence with relation to easements, rights of ways, property ' boundaries, ond restrictions, os described in the instr~rnents of record, J were not included in this prefrrinory land survey control oogrorn. I J. This pion set is subject to change and moy not be the most current • set. It is the user's responsibility to verify with COOT that this set is ~he most current. The information contained on the attached drawing i IS not valid unless this copy beors on original signature of the ~ Professional Land Surveyor hereon named . PRELIMINARY LAND SURVEY CONTROL DIAGRAM State Highway 391 MP 7.91 to 9.01 A Portion of the: NE 1/4 Section 21, SE Y4 Section 21, NW 1/4 Section 22, SW Y4 Section 22, NW 1/4 Section 27, NE 1/4 Section 28, Township 3 South, Range 69 West of the 6th Principal Meridian County of Jefferson Basis of Bearings used in the calculation of coordinates ore based on o grid bearing of N oo• 12'38" W along the West r11e of the Northwest One-Quarter of Section 27, Townsh~ J South, Range 69 West of the 6th Principolt.leridion. Said fine is monumenled ot the West One -Quorter Corner of Section 27, by o recovered J 1/4" Bross Cop in o monument box at the intersection of West J2nd Avenue and Kipling Street (Stomped -City of Wheat Ridge LS 13212) and ot the Northwest corner of Section 27, by o recovered J l/4" Bross Cop in o mon~rnent box ot the intersection of West 38th Averoe and Kipling Street (Stomped -City of Wheat Ridge LS 1J212). The survey dolo was obtained from o GloboiPositioninq System (CPS) Survey based on the City of Wheat Ridge Survey Control Network. Basis of Elevation: Project elevations ore based on City of Wheat Ridge S~rvey Control Point PHAC 2, being o 9/16" stainless steel rod with o sleeve and datum occess cover, whose pubbhed elevation is 5,451.56' (NAVD 88). Coordinate Datum: Project coordinates ore modified Colorado State Plane Central Zone NAD 83/92 coordinates. The combined elevation/scale foetor used to modify the coordinates from stole plane to project coarcf1110tes is 1.00025226062. The resulting project coordinates ore truncated by 1,000,000.00 in the Northing and J,OOO,OOO.OO in the Eostinq after converting from state plane coordinates to project coordinates. The City of Wheat Ridge Survey ControiNetwork is based on the NAD 8J/92 datum. To get from Project Coordinates to State Ptone Coordinates: Add I milion in the Northing ond 3 rnilion in the Eosting, divide by the combined elevation/scale foetor of 1.00025226062. NJTJCE: According to Colorado low you must commence ony leaol action based ~on any defect m this survey within three years otter _you frs1 discover such defect. In no event may any oction based upon anY. defect in this survey be commenced more than len years from the dole of the certification shown hereon. Note: For o complete listilg of symbology used within this set of pions, please refer to the t.I-IOD-1 Standard Symbols of the Colorado Deportment of Transportation lAS Standards Pubicotion doled JlAy 2012. SI.IN£YtJI STATDIDIT 0..1Hl SliM:Y COITRil. DJAQWI) l 4. Refer to the t.l-629-1 Survey t.lon~~"Mnts of the Standard Pions doted !« • ...., "'o.t, 0 prtll,..__ .. ..,.., ~ • * :Jt.t• of Cob'~ • lttnby .t«• lo liN CdiiM ,.,_, of ~ July, 2012 found in The Colorado Deportment of Transportation, t.1 & S PROJECT LOCATION ••AP N ,,....,.., ,., t• sw.., Ctlttlrd~ -,.,-,_,. • St ndo d f t . I · · .., ~ fillt-rllr.,,_l$_,.,,.,.._,.:!,.........r:htr,. .:1 o r s or yp1co survey monument descr~pllons. _,. ,_, -"':! boo.,.., ill,,.,., n1 ,_, 11 ;, «<tJr-• f .WO ~ "'"'** of Jl"«:ta tMftW fly CdiiM ~I of 5 E · ti J y,oon. 2 r TrlllfiiPII'Ifltion ~ T1lil ,,.,_,lr not o ,..,.,,, or .orrt~tty, ~ • XIS ng mprovernents ond topography as shown herein is based on ° r 1 MIU llll oiiiW .,.,_, itrpl«<. .. information provided by the City of Wheat Ridge. Bohannon Huston did not SCALE: 1" • 1 MILE S vdidote this information and considers it to be used for graphical purposes only. I CITY OF WHEAT RIDGE PROJECf NO. S-03-11 I ~ C: ;!,~ ol ,_., ....,,.., 1 .... ~l_ _____ P::Ie~o:s:e_v~e:r~if~y~p:r~io:r~t~o~o~n!y~fu~t~u~re~d~e~s~ig~n~o~r~c:o~n~s~tr~u~c~t~io~n:. ______________________ ~====~~~====~----------------~--------~::::::::::::::::::::::::::::::::::~::::~~!;~:; --~-------- ~!h ,: ... : ... ~ ... Sheet 0 Sheet Revisions Land Survev Control ( Colorado Deportment of Transportation Iii Bohannan ...\ Huston Ul\nurnant Coordinate Tables -~ lOll IXD Proje<:t~ 391A-QOB 2000 South Ho'l 9785 ~oon Cwc~ Pro~t Locotion: KIPLJNC STREET, BETWEEN W J2nd ~ Denver, CO 80 22 Phone:JOJ-757-9923 fAX: 303-757-9390 Slate 140 ond W 44th A~1~22 lr 27, T3S 1 R69W 1 6TH P.M. !egion 1 SLK Enqe.ood, CO 80112 0 FOUND ALIQUOT ttONUitEHT COORDINATE TABLE 0 FOUND I!IIOUNDARY tanJtENT COORDINATE TAa.E "'1ntllo. llortll1~(ft) ll!uthlg(ft) -..r1pt1'"' pp ~nt ... llorth1 .. (ft) Eaotl .. (ft) Oeecr1pt1en 20020 704442.21 110518.40 FOUND 3.2S"IIRASS CN> NORTH 1118 COR. S 28 827 7018 70803U5 110se3.20 FOUND 15 REIUA NOCN> 20021 107088.12 1105011.82 FOUND 2.5" 8AAS8 C1P SOUTH 1111 COR 921 822 7022 707301.111 111478.5«1 FOUND IN REBARINS"OIA. CONCRETE 20044 105755.e5 1091110.82 FOUNDNo.8REBlANOCN>EA6T 1/18COR.S21 828 7023 707300.77 1113111.82 FOUND IS REBAR WTH YELLOW PlASTIC ILLEGIILEl 8001 705781.85 111837.24 FOUND2.5"AI.UioiNUMCN> v.esT 1118 COR. 822 827 13309 711030 .78 1071J41 .07 FOUND 3.2S"IIRASS CN> NORTH 1/4 COR S21 70:M 707252.25 111478.78 FOUND IN REIWIIN 5" IliA. CONCRETE 13409 711055.15 110500.4e FOUND 3.2S' 8RAS8 CN' SEC COR. 818, S 15, 821 . 822 7031 701194&.11( 111525.71 FOUHDI5 RE8AR WTH 'IEU.OWPlASTIC CN> STNoftD '\.S 20e8" 13501 711072.47 113142.32 FOUND 325"11RASS CN> NORTH 114 COR. 822 7032 709017.111 110715Je FOUND PI< NM. WTH 1 E' I'#Sif£ll STM'ED 'tS 10111' 14301 108314..11 107e55.35 FOUND325"111VSS CN' CEHTER 1.11 COR. 821 7033 709017.75 110t55.03 FOUND 15 RE!WI WTH 'IB.l.OWfi\ASTIC CN> STNoftD 'tS zoee:l" 14409 108404.113 110507.70 FOUND 3.2S" BRASS CN' 1\EST 114 COR. 822 7034 101007.5e 110915.01 FOUND aliSB.ED ~II ca«:RETE Wlllt'MY 14501 101J428.32 113152.81 FOUND 325"11RASS CN' CEHTER 1.11 COR. 822 7035 709007.88 110915.85 FOUND PI<IW. WTH 1.5"-ER STMED 'Uito111' 15301 105737.48 107888.85 FOUND 3.25" 8RAS8 CN' NORTH 114 COR. 821 7038 701007.75 111317.55 FOUND IN RE!WIOJO'IIELOWSJRFIIC£ 15409 105773.13 110511 .4e FOU ND 3.25" 8RAS8 CN' SEC COR. 821.822.828. 827 1037 709007.111 111105.05 FOUNO IN RE8AR WTH 'IEllOI'ICIP('llEGIBlEI 1~ 10578t.Aa 113153.1)4 FOUND JlS"IRASS CN' NORTH 1.1t COR. 827 7038 109005.37 11 1812.51 IOONO QIISElBl 7: IN CONCRETEWIIlJIWIY 18309 7'03080 .17 10781J4.18 FOUND 3.2S"IIRASS CN' CEHTER 1.11 COR. 828 71139 705720-M 110W.llt FOUND COOT IUISTMFEO '\.S 2J1S7" 111409 103110.5«1 110521.25 FOUND 3.25"1RASS CN' ~ 111 COR. 827 1040 105740.17 110751.87 FOUNDtsREBMWTH'IB.LOI'ICIPSTM'ED"FRRNTER" 16508 103133.10 113170.70 FOUND 3.25"11RASS CN' CENTER t.ll COR. S27 1041 105740.29 110711.42 RMIDTA.UMNUMCIPSTMED ~ 1042 105745.30 110711.44 FOUND llRU HOt£ 70Cl 1015135.13 1101J48.01 FOUND IIRASSI'LUGII~STNoftD"fSUSIII53" 105745.88 110837.»5 FOUND DRU HOt£ IN CONCIIE1E I'UJWIY S1INET tamiOl. OXJIDDIATE SIIWWff TAIU 1044 .a -~ ... ~ ---·-~z--7045 10573U8 110710.88 FOUND 115 RE!WI -.. Lo~l~ • ...... (I'T) .... YDIIW'll ......... -·-PCI ~IIPcala--'J o....-..... FOUND t5 RE!WI WTH 'la.LOI'II'UISliCCif>SWI'Bl VOO BIG. t132" 7048 ~.18 110552.35 ~ lr41'f7,_, IOI'WS 1:1542'W Mt7.11Z MIUI OIMJSJ" t .IIOIZIZ25t 170l074..,. JtG:I,.l'JD .................... _ .... _~~ 71)(7 70141151.115 110555.50 FOUND 15 RE8AR WTH 'IB.LOI'IIUSilC Cll' STAiftO "fRafTER SIJR\£1' -C-4 .W.en7...,.,.,. tcllrD81Il_,#W mt.» IJ7UI 011'14:11" t.GOIZIZZII1 mti17J.e7t ,,_,., ......................... --.. ..... ~ J 7048 704415.18 110903.11 FOUND 1" Alll.E I /IIIELOWSURf~ .. 7041 704415.35 11094U1 FOUND 314" APE 1.2' IEI.OWSURFIIC£ • § 70!52 7030117.14 110847.89 FOUND t5 RE!WI jlli:IIT}_O.eo' I!ElOWSURF.I!Cf 7053 70t015.37 110747Je FOUND IS RBWI O.eo'IIELOWSURfi!C£ 1 7054 704104.78 110847.71 FOUND IN RBWI1 /19ELOWSURFIICE i 7058 70t077.33 110741.88 fQINOI5 RE8AR 701fT 703148.15 111229..51 FOUNO 1.5" A.UMIIUMCN' t 7058 701J433.15 110841.83 FOUND CHISElED ~ 7081 705eet.5t 111009.04 FOUND T IIRASS CIP ~ : 7082 708432.98 1101211.0t FOUND r IIRASS Cll' STMI'ED "10134" ~ 10115 7CS27.78 110142.75 FOUND U "IRASS CIP STNftD "10734" 8005 708061.04 11058U4 FOUND CHISEUO ~IN CONCRETE i 80011 7011080.35 110781!.D8 FOUND CHISELED ~IN CONCRETE ... ~ t/007 705I2UO 1105811A2 FOUND HUIWTH FUGGING 107215.12 110121!.38 FOUND t5 RBWI WTH 'IELLOWPlASllC Cll' STM'ED 'I.S1010Z' ~ 1008 I 10011 707248.39 110189.21 FOUND 1rr 111<»1 ROO N COHCRETE 8010 707121 .48 110719.77 FOUND t5 RE8AR WTH PUST1C Cll' ST.IIii'ED 'tS 140711' ~ 8011 1011J44.40 110583.35 IE' lt.\.UNUMCN' II CONCRETE jj 10802 103153.33 110MIJ)4 FOUNOIN REIWI ~ 10200010 101208.38 110553.A5 FOUND DRI.l HOLE l • 'i! A f ' ~ -!! .. a Colorado Deportment of Transportation Oenvw, CO 80 22 -2000 South Hoi/: Phone: 303-757-9923 fAX: 303-757-9390 1 SLK lt015J09j NORTH 1/4 CORNER SECT10N28 T .3S., R.89W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX W ITH WATER UO STAMPED AS SHOWN SE 114 SECTION 21 T3S, R69W, 6TH P.M. N 89"12'54" E 2642.09' 1200441 EAST 1/16 CORNER SECTlONS 21 & 28 T .3S., R.69W 6TH P.M. RECOVERED No. 8 REBAR IN RANGE BOX NO CAP NE t/4 SECnON 28 T3S, R69W, 8TH P.M. 110154091 SEcnON CORNER SEcnONS 21 , 22,28 27 T.3S., R.69W 6TH P.M . RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED AS SHOWN l2oo20j NORTH 1/16 CORNE SECTIONS 28 & 27 T .3S., R .69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE SOX ILLEGIBLE MARKIN lt016409j l1016J09j WEST 1/4 CORN CENTER 1/4 CORNER SECTION 27 sEcnoN 28 T.3S., R.69W T .3S ., R.69W 6TH P.M. 6TH P.M. RECOVERED 3.25 RECOVERED 3.25" BRASS CAP ~ 1989 BRASS CAP IN RANGE BOX ~Y. ~ IN RANGE BOX STAMPED AS SHOWN " STAMPED AS SH o-----------N89~-=Em7.2s--------- SE t/4 SECnON 28 T3S, R89W, 8TH P.M. 9785 Maroon Circle Suilt 140 Englnood, CO 80112 SW t/4 SECTION 22 T3S, Re9W, 6TH P.M. WEST 1/16 CORNER SECTIONS 22 & 27 T.3S., R.69W 6TH P.M. RECOVERED 2.5" ALUMIN UM CAP IN RANG E BOX STAMPED AS SHOWN NW 1/4 SECnON 27 T3S, R89W, 8TH P.M. ltol55o91 NORTH 1/4 CORNER SECT10N27 T.3S., R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED AS SHOWN N f ---200' 400' SCALE: 1"•400' Mle Post Note: A V8llllnee was fteld measul8d between M1141 Post number 8 and Mle Post number 9, The leld me1111.1Nd 1oca11on o1 Mle Poet I'M!'Iber 8 -In l'eaiONible conformance wtll COOT record data. Mle Post Information , u "-'1 on the Project Location Map heM!, Is beMd Clll COIIII)IDd dllta!QI from the lleld me8N8d locallon of Mil Poll number 8. 1101&5091 CENTER 1/4 CORNER SECTJON27 T.3S., R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP : ~ y " ~ IN RANGE BOX ' _W_J2ndAVE. __ __ STAUPEOASSHOWN ~--------~7057----N~~E~~----------------~ SW 1/4 SECTION 27 T3S, R89W, 8TH P.M • s ~~----------------------------------------------------------------------------~ ... 0 ~ Colorado Deportment of Transportation Denver, CO 80 22 -2000 South H o i~ Phone:30J·757·992J FAX:JOJ -757-9390 1 SLK 110153091 NORTH 1/4 CORNER SECTION 28 T.3S .. R.69W 6TH P.M. RECOVERED 325" BRASS CAP 1NRANGEBOX Willi WATER LID STAMPED AS SHOWN NE 1/4 SECTION 21 T3S, R69W, 6TH P.M. SE 1/4 SEcnON21 T3S, R69W, 6TH P.M. lzoo441 EAS T 1116 CORNER SECTIONS 21 & 28 T.3S.,R.69W 6TH P.M. RECOVERED No . 6 REBAR IN RANGE BOX NO CAP N 89"12'54" E 2642.09' NE 1/4 SEcnON28 T3S, R69W, 8TH P.M. 1200291 SOUTH 1116 CORNER ~ ~0154091 SECTION CORNER SECTIONS 21 , 22, 28 & 27 T.3S .. R.69W 6TH P.M. RECOVERED 325" BRASS CAP 1NRANGEBOX STAMPED AS SHOWN ~7044 · '-7o4J 7b~f2 7040 BASIS OF BEARING N oo·12'J8" w 2663.15' "W. UNE NW 114 SECTION 2r 9785 Maroon Circle Suile 140 Englewood, co 80112 NW1/4 SEcnON22 T3S, R69W, 8TH P.M. SW1/4 SECTION22 T3S, R69W, 6TH P.M. laoo1l WEST 1116 CORNER SECnONS 22 & 27 T.3S.,R.69W 6TH P.M. RECOVERED 2.5" ALUMINUM CAP P[S 259~~ IN RANGE BOX ____ STAMPED AS SHOWN N 89•39'35• E 2651 .85' NW1/4 SEcnON27 T3S, R89W, 6TH P.M. N f ----400' SCAL E: 1"•400' 110155091 NORTH 1/4 CORNER SECTION27 T.3S., R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED AS SHOWN ~----------------------------------------------------------~ I f I i ~ i l r ' Colorado Deportment of Transportation - 2000 South Ho l y Oenv.-, CO 80222 Phone:JOJ-757-9923 FAX:JOJ-757-9390 Region 1 SLK ll013309j NORTH 1/4 CORNER SECTION21 T.3S., R.6SW 8TH P.M . RECOVERED 3.25" BRASS CAP IN CONCRETE STAMPED /liS SHOWN SE 1/4 SECTION 18 T38, R69W, 8TH P.M. N 89"27'35" E 2659.38' CITY OF WHEAT RIDGE SURVEY CONTROL POINT PHAC-2 9116" STAINLESS STEEL ROO WITH A SLEEVE AND DATUM ACCESS COVER CITY OF WHEAT RIDGE SURVEY CONTROL POINT PHAC-4 9/16" STAINLESS STEEL ROO WITH A SLEEVE AND DATUM ACCESS COVER NE 1/4 SECTION 21 T3S, R89W, 8TH P.M. ll0143091 ~0144091 CENTER 1/4 CORNER WEST 1/4 CORNER SECTION 21 SECTION 22 T.3S .. R.69W T.3S .. R.69W 6TH P.M. 6TH P.M . RECOVERED3.25" RECOVERED3.25" BRASS CAP BRASS CAP IN RANGE BOX IN RANGE BOX STAMPED /liS SHOWN STAMPED /liS SHOWN ~-------~35'13"~~43-'------------------- SE 1/4 SECnON21 T3S, R69W, ITH P.M. PPI0200010 7 PP7018 ~~~~~~~~~~~~------~ lror34o91 SECTION CORNER SECTIONS 16, 15, 21 & 22 T.3S.,R.69W 6TH P.M. RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED /liS SHOWN 9785 Maroon Circle Suilt 140 Englhood, co 80112 SW1/4 SECTION 15 T3S, R89W, 8TH P.M. 2641 .94' NW1/4 SECTION 22 T3S, RS9W, 8TH P.M. P7035 PP7034 £2PP7037 l10135091 NORTH 1/4 CORNER SECTION22 T.3S.,R.69W 8TH P.M . RECOVERED 3.25" BRASS CAP IN RANGE BOX STAMPED /liS SHOWN N f ------ SCALE: 1"•400' l10145091 CENTER 1/4 CORNER SECTION22 T.3S., R.69W 6TH P.M . RECOVERED 3.25" BAASSCAP I ~--------------------------------------------------------------_j Colorado Deportment of Transportation Sheet 0 ~~~ IS Sheet Revisions Riaht of Wov Pions -Bohannan ~ Huston Mom. inn Sheet 2000 South Ho~ I Project Numbw: STU 391A-oo8 Denver, CO 80 22 9785 ~oon C~c• I Projoct Loeotion: KIPliNG STREE BE I WEEN W 32nd AVE Phone:J03·7~7-8923 FAX :J03·7~7-9J90 ~le 140 lond W 44th AVE, SEC22 It 27, T3S, R69W, 6TH f .ll._ Region 1 SLK EII<Jitwood, CO 80112 • 0 TAIIULATICJf OF cottPUTEO LOCATION OF IUGHT ·OF-WAY @ TABULATIOM OF R.O.W. I'IONUIEfTS TO BE SET @ FOR INFOIIMTIONAL. PURPOSES OILY Point No. ~ ~ Dleatplon ••ton 011111111'1111111 Point No. ~ Eltii!IICIII ~ 2000 7031!50.711070 110575.05&18 ax7TType 1 ........... 0+«1.()3 54.00' 4100 7tll151.001:J7 II 0571.oeo73 For_,..,.._ Onlr 2001 70l308.813411 110571.88077 ax7T 1\'pe 1 ............ , .. .OS 51.50' 4101 711330UOOl1 110570.-For-......PIIpOMO Onlr 2llQZ 111J11Q.IIIJIO 1105a.,.,. CXIOT ~pe 1 Uor&.IIWIII &+61.17 47.00' 4103 7113781.74830 1 1 05113.781111 For_,__ Onlr 21103 7040116.44781 1 105114.118af7 ax7T~pe11o!or&.11W111 t+54.72 47.00' 4104 703102.14801 11 05113.1187711 For...........,,_..cw, 21104 7D41Z7.73500 110581.4712!4 ax7Tl\'pe 1 ............ 10+17.01 47.00' 4105 11131100.07587 110551.8SIM For-...........,_ any 2005 7043112.55431 1105&3.1134110 CXIOTType 1 Uor&.IIWIII 12+71.13 47.00' 41011 1'03!113.48026 11 O!ii5I.2ID8!I Fot-......p...,_any 20011 705814.1.e557 110571.411151 ax7Tl\'pe 1 ............ 27<0:152 eo.w 4107 '1'040111.37432 110557.11111534 For_,__ any 20117 1011351.1171113 110570.-ax7T~pe1 .......... 32+48.04 10.00' 41011 104121.28543 1105112.4SZI Fot ............. ....,.....any 20011 7080311.812114 110585. J'5C3$ CXIOT~pe 1 lolor&.IIWIII 40+25.118 57.50' 4109 104253.28143 11 05112.01Jl113 For-p._any 21108 708404.eoeel 1105&5.231121 CXIOT~pello!or&.IIW1II 52+113.tl 51 .50' 4110 1'0438Z.5311113 110581.53484 For-PupoHoany 2010 10115115.24754 110554.7110115 CXIOT~pel.,_ 54+54.55 57.50' 4111 7'015121.001118 1105M.311135 For_,_.. any 2011 701804.28535 110554.18414 ax7T~pe1M-54-t«l.eo 47.00' 4112 111&99.07155 1105M.21311 For-l'llpoMo any 2012 7011MU2758 110553.240110 CXIOT~pe 1 ........... 58+38.70 47.00' 4113 101105U7488 110551.01077 For_,_.. any 4114 l'060113 .87473 110551 .011355 For-,._.. any 4115 1'011231 .03488 110550.112573 For lntwmotlonoll'llpoMo any 4118 10113!51.63438 1105!50.84700 For lr1i>nl-.lionol p~ Only 4117 7011208.18618 110583.01285 For~P~any 41111 1'011237 .42540 110582.oal38 ForlnbnnolionoiP~Only 41111 1011348.24383 110582.813311 For1ni>nnoCionoiP~Only 4120 108404.58219 110582.73031 For lnbrmollonll PII)>GMI any 4121 105484.2.-se 110582.512Z7 Forlnbnnlllonoll'llpoMo any 4122 108414.251110 110552.51189 For lnbmwllonol....,..... any 4123 108410.25171 110552.411580 Forlnbmwllonol Pllpoleot:Jrtf 4124 7'011585.25813 110552.2a4 l'orlnbnnlllonoll'llpoMo ony 4125 7'01840.28415 110552.011587 l'orlnbnnlllonol ,._..any 4121 108740.41583 110551.11170 l'orlnt>nnlllonol....,..... any 4127 108740.43814 110541.11201 l'or~p.._any 4121 108800.437111 110114U4101 l'or~P~Only 4010 1011M2.431130 110114e.2SI7 Forlnbnnlllonol....,..... ony 4011 108150.42518 I 105114.23801 For lnbnNIIonll ....,..... any . . QUANTITY OF AI[JNI.JMENTS TO 8[ SET P«JTICE: Aeeordilcj to Colorodo low you must commenet OilY J19o1 action bosed l4XI" any IIHJIEN _TP 'f'_ GeneroiNoln: defect ;, ttn survey wiUW. three J.eor' olter you frst discover such defect. In no event CN' TYF! /A 2 2A J JA 4 ' I!KSJ 6 I. Mcenltrint ond ollsel staliorW) moy not represent the conttrint 111 cansltvc:ted in tilt fotld. ~ 011J. %t.' :?'fJ: ~r~ ~ ~~~·•Y be eommeneed more than ten yeors IRfr£1/CNC£ 2. Relw to the 11-629-1 s..-• ., llorunents or tilt Stondard Plans doled JAy, 2012 ICUICI i1 Tht Colorado Department ol I~ ·~ I Transportation, II It S Stondords lor uvey -" daa1»ticm. SIIMYIJI STATDPT (IIOW I'UIIO ~~& CfNTRa. J . TIOo plcn nt is abject to diGige ond moy not be the most an-enl nt. It is the user's rnponsibiity to verify wilh COOT M.IOWT tallER thot thil nt It tho most eurront Tht ilformation eantaO!ed on the ottodled ctoWig fs not YClid llriea Uis eopy been an it-.. Dot,,.,.,_..._~,._ it .. " origi'ld 19lot11'e of the Proltuionallond s..rv.,or hereon named. .,, ·'~ ..... , .,.,, to ~ ·~, r......,lolitM IIWt "-".., ,., ......,., • .,.,.. Mil Wit~, r~r--~ J I PCRfiNE1IT CASCWNT r-a\...tubllionr ............ .,. _.., ......_--I""'~~ C~t Dobm: Project coortSnotes ore mocfflld Colorodo Stole Plcno Central z-IWl 811'92 eo«dnoles. Tho eanOntd ,..,..,. .. ,. . ..,..,.,.,. = .... , -;,--· .,_.,, I PRDLCT POINTS .-vtltiGn/IC1IIe foetor uMd to mo6fy tho coortSnotn from stole ~ to project eoorcinotts is 1.()002~226062 . ;:::..!e:t.::':, CrMOJfo Dcplr ..... "' 1~ (lfiJ#cotiot& c. ~ ~~; •/:;,-~-? Tht riSIAtilg projtc:t eo«tSnolts ore trt.~~Cottd by 1,000,000.00 in the HarthiMJ ond J,OOO,OOO.OO in the Eostilg oftw l'llit sfotorr.f Is 1101 o fJIII'fl'l/1 or CIII"I'OI(r. fiiiW ...,.,. or""""" convtrting from stole~ coortSnotn to projoc:t eoordilaln. lht City ol Wheot Ridge s..-.-, CantraiNelWOfk is ~-~ bottd an tht IUO 83/92 dotum. I'I.Sito.JmJ ~I~~ ~Sj/1("!/f' ror 0trt1.., -·1~101\IM. Colorado Deportment of Transportation Sheet Revisions Shee!fii Sheet Revisions RiQht of Wov Plans Bohanrm ~Huston Monv,., .. ,totion Sheet -lOO I-T· !Project Nlo"nblr: STU J9l1Hl011 2000 South Ho~ Denver, CO 80 22 9785 !boon Circle I Project location: KIPliNG STREET, BETWEEN W 3nd AVE Phone:JOJ-7~7-9923 FAX:JOJ-7~7-9390 SUie 140 loncl W 44111_AVE, SE~,?? II< 27, T69W, 6TH P.N. Region 1 SLK Ef9ewood, Ctl 80112 ,!111\tJ • • TABtiLATION OF TEriPORARY EASEitENT POINTS FOR INFOflttATION ONLY TABULATION Of TEtFOitARY EASBENT POINTS FOR INFORnATION ONLY 0 Jtolnt No. ~ .. llllfttjllj Dncltptan •••on Oll'al (Nghl) 0 l'olnl No. ....,.,...ctll lalllnl(ftl DHc:rlptlon . ..... Oll'allfUtlhl) 3000 703150.27353 110584.18108 T!!-1 0+31.41 83.80' 3031 7011804.25781 110582.1114 Ill TE-15 &4<83.58 SUO' 3001 703311.08711 1 I 05110 .175115 TE-l ITE-2 2+10.31 80.00' 3040 701M0.25177 110582.58577 TE-151TE·11 55+21.57 55.110' 3002 7II33IJt .043211 110875.171113 TE-l ITE-2 2+1028 55.00' 3041 701M0.211312 I I 01164.011573 TE ·151TE-t8 55+21.81 47.00' 300) 703301.14423 110575.<41070 TE-l l ... oe 155.00' 3043 7017.0.58831 110582.31155 TE-111 TE-IIA 58•21.• 115.110' 3005 7m51&11f11IT7 110571.7181115 1E-2 4+05.31 80.00' 3044 701740.50!105 110553.11174 TE-111 TE-IIA ae.a.84 47.00' 3001 70351&04283 110574.71127 T!!-2 4+0528 55.00' 3045 7011311.721163 110871.114811 T!!-12A 32+41.011 8&.00' 3007 7m511!. .. 7 110S..71140 TE-a 4+05.21 80.00' 3050 70134U02 110586.31340 TE-13A I 1E-13C 52+3$.12 57.110' 3001 7m51&01911 110577.71110 lE-3 4+05.30 68.00' 3051 701348.23010 110873.11342 TE-134 f TI!-13C 52+31!.!11 81.00' 30011 703541.08881 I 10577 .DII3 11!-3 I T!!-3A 4+30.30 58.00' 3052 708404,117115 110573..73017 TE-13C 52+113.17 81.00' 3010 703640.111831 t10S.A2753 11!-31 TE-3A 4+30.21 80.00' 3053 708484.23158 110573.51234 TE-13C I T!!-130 53+73.52 18.00' 3011 703774 .• 7118 I 10875.71021 lE~ 8+84 .13 57.00' 3054 7014104730 11 0581!.01 2211 TI!-13CI T!!-130 53+73.S5 51.'!!11 3012 703102.f7241 110585.85704 TE~fTE-5 1+112..24 47.00' 3055 701100.588011 110582.14758 TE-1M I TE-118 58+88.81 55 .'!!11 3013 703107.11080 110875.&4110 TE-<41T!!-5 8+11.34 57.00' 3058 701150.41533 110581.73813 lE-1118 58+31.72 55.'!!11 3014 703114.08807 110575.2414 TE-5/TE-t 8+03.30 57.00' 3057 701100.!0413 110553.84777 TE-IM I TE-18!1 58+8t.84 47.00' 3015 703113.72230 110581.2!10015 T!!-51 T!!-t I+CUIJ 47.00' 3058 703841 .0118311 110577.25734 TE-3A 5+30.30 5&00' 3011 704012..e7 110574.711l15 TE-t 11+61.13 57.00' 30511 703140.111801 IIOSII.21004 T!!-3A 5+30.28 50.00' 3017 70412UUII 110574.41142 TE-7 10+14.22 57.00' 3011 7oo.l3330 110574.112234 '!E-11 T!!-t 11+.17 57.00' 3011 7042U10174 1101114.011. T!!-7/Te-1 11+41.. 47.00' 30211 7043112.12770 II057U:MIO T!!-1 12+11 .• 57.00' 3021 705881.10353 110S71.21301 TE-IIT!!-10 21+41.47 80.00' 3022 70111117.22558 110571.42137 lE-I ...... ROO' 3023 705881.15481 110571.21301 lE-IITE-10 21+41.11 .. 00' 3034 l'WGIII.I5312 110571Al051 T!!-10 I T!!-11 21+41.51 8&.00' i 3025 l'WGIII.I0271 110171maet T!!-10 I T!!-11 21+41.47 10.00' 3021 '"*"" 10277 11om.-... T!!-11 fT!!.12 21+15147 80.00' 3027 'l't*ll4.15a 110571.GIM7 T!!-III'IE·12 211+53.11 8&.00' 3021 705231.22811 110171.12N1 T!!-12/ T!!-12A 31+20.51 8&.00' 3021 705231.1721 I t 10S70.GSII 'IE-121T!!-12A 31+20.54 80.00' 3030 701103U2111 110574.21438 TE-n 41+21.811 11.00' ;:1 3031 70820&20151 110874.012114 'IE-134 I T!!·U IO+tl.57 11.00' l 31132 708208.11844 1101115.1!11288 'IE·13o'< I T!!-13 10+111.&7 51.'!!11 3033 708410.23157 110573AM3 T!!-130 I'!E-14 53+78.12 8&.00' I 3034 70t1515.23t71 110573.21010 T!!-14 54+54.52 .. 00' 3035 708410.:M732 1101114 ..... T!!-130 I T!!-14 53+71.55 57.80' ' I . 0 ~ ' .r l :3 ! I • ~ ~ --. Colorado Deportment of Transportation -2000 South Hol:l: Denver, CO 80 22 Phone: .30.3-7!>7-992 . .3 f'AX: .30.3-757-9.390 1 SLK 200 Township 3 South, Range 69 West, 6th Principal Meridian NE 1/4 SECTION 28 BEGIN ROW PROJECT STA. 0+40.03 (54 .00' RT) BEGIN CONST. PROJECT STA. 0+45.87 (48.84' RT) • I EXIST. ROW ~d \ (TE-l) \.----. I \ ~ I "-------7 , ___ / oem .,. •. NJs KIPLING STREET STA. 0.00,00 (0.00' RT) "CITY PlANS" BASISOFB~~ N3!t~8"W 2663 .1~ ~ ® THE CITY OF WHEAT RIOGE BK 244-4, PG 369 NOV. 10, 1972 "W . LINE NW ~ SECTION 21• @ THECITYOFWHEATRIOGE REC.NO .~ ,. BK 2892, PG 391 ~ AUGUST 19,1976 ~------( (-------( t-------t-------(-------( -----4----~~.E ,. "Cons! ~ IOd "RC'IN Project" • Prolect No. STIJ.391A-008. Sllllon and Ollsel ol "''nljact" Is along Secllon li1e (Centetlne Of ~ng Sl.) ,. TYPICAL STATION LOCATION DETAIL THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEI.162 10 T1 T2 T44 T45 T48 T47 T48 T48 T50 T19 BK 2211, PG 575 OCT. 12, 1910 RVTH J . MONTOI'fY 3280 KJPUNG ST. WHEAT RIDGE, CO 80033 REC . NO. F1430973 T._-.!Dale BEARING DISTANCE N89"29'4S'E 1.50' NW58'51"W 4.00' S86"58'51"E 9.82' S89"29'45"W 1!.00' S89"29'45"W 3.l50' S89"29'45"W 6.00' N89"29'4S'E 11.1)0' N00"12'38"W 25.00' S89"29'45"W 8.00' S89"29'45"W a.oo· tm •-arctt Soilt 140 £.,_.,CD 111112 = ...... z ----- THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCE1.161 BK 2268, PG 854 n •cr SCALE: 1"•40' REC. NO. 78041984 OEEO PARCB.I ::! NOT TO SCALE iL_ __________________________________________________________________ ~ NW 1/4 SECTION 27 f I i J I i ~ ~ ~ 1£ l J I • ~ ~ Colorado Deportment of Transportation -2000 South Ho~ Oenver, CO 80 22 Phone:JOJ-757-9923 FAX:JOJ -757-9390 1 SLK tm ~~~r-a.cte s..-1•0 ~COIOII2 N. LINE PARCEl153 BOOK 2121 , PAGE 38 / '....._ Township 3 South, Range 69 West, 6th Principal Meridian = ...... :z THE DEPARTMENT Of HIGHWAYS STATE Of COLORADO PARCEL181 8K 22111 , PG ~ .., ~·iii ffiliio-ID!i~~ DEED . ~~!g ~~d (!) jr. PARa'll = em ,. ~~ a; • ,. Lt_Lt ~ ' ~~·--~ .. ~~=r\ I I ....., .... ,}o_,/ "' BASIS OF BEARING N 12'31" W 266l.IY ,...., ( \ \ "W.LINENW~ SECTION27" KIPLING STREET (SH 391) S~ON27 N.UNEP~153 BOOK 2121. PAtfe 38 ---+- -T__..,DIA \ D BEARING DISTANCE ' T3 568'43'40'W 2.17' T4 N00"12'38"W 32.«1' lS N8r211'22'1: 2.15' TB S00"12'38"E 32.37' T7 N87"21r22"E 7fi1' Tll SM"'1'10'W 7.00' T9 N74"37'38"W 72.1' 7411 N81'29'45"'E 8.00' T49 N00"12'311"W 25.oo' T50 S89"211'4S'W 8.00' 751 S6r18'17"W 10.82' T52 N87'29'22'1E 10.81 ' T53 ND0"12'38'W 32.35' T54 S81"01'10'W 10.00' T55 N74"31'38'W 10.38' T79 S89'29'45"W 8.00' ( t ~ ( ------( NE 1/4 SECfiON 28 THE OEPARTMENT OF HIGHWAYS STATE Of COLORADO PARCEL151 BK 2115. PG 381 JULY 3,1969 -- SCALE: 1"•40' THE OEPARTMEHT OF HIGHWAYS STATE Of COLORADO PARCEL150 ENO ROW PROJECT 8K 2114, PG 487 JUl. y 13, 1969 STA. 9+54.72 (47.00' RT) ENO CONST. PROJECT I STA. 9+46.83 (39.7T RT) ANH HGOC L.E & TRANG L.E 3390 KIPlJIG ST. WHEAT RIDGE. CO 80033 REC. NO. 2007081227 LOT17 HII..UIAVEH ,. SUBDIVISION CHARLENE RUSSELL 3370 IOPLING ST WHEAT RIOOE. CO 80033 REC. NO. F0465400 LOTta HIU.HAVEH SUBDIVISION t-------t------t------J- REC. NO. 51503097 .... ~~"-J s. BANK DITCH I R.O.W. PROJ. U044-1(3) SEC. 2 \ .... .. ,,_j ,. I NW 1/4 SECTION 27 LDT19 HILLHAVEH SUBDIVISION I I I I I r THE DEPARTMENT STATE OF c~F HIGHWAYS PARCELl~ BK 2114 . PG 467 JULY 13,lll69 LOT19 HLLHAVEN SUBDIVISION THE DEPARTMENT KIPLING STR STATEOFc~6~AYs E ET PARCEL 148 (SH 391) BK2202,PG333 BASISOF ~ !:! "'~Tt;---- STEPHANIE MARTIN :MOO KIPliNG WHEATRJOGE. ST. C080033 REC. NO. F208099S I LOT1S Hll.IJiAVEN SUBDIVISION ., REC . NO. 51503097 _L t ---t t NW 1/4 SECTION 27 -ti!F1r3a:w-rruc;i~ HB.EN E. POUCH WH=~ 3511 AVE. E.C080033 REC. NO. 5552118 LOT2 HLUiAVEH SU80MSION REC. NO. 51503097 ---t -----t ---ll----' I !iii::::::: ,, ..... , .. u., Oenv•, CO 1!0222 Phone:303-757-9923 FAX:303 -757-9390 SLK Township 3 South , Range 69 West, 6th Principal Meridian SE 114 SECTION 21 ntE DEPARTMENT OF HIGHWAYS STATE~ COLORADO PARCEL140 BK2153,PG773 JAN. 8, 1tJTO ~ THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO BK93,PG3T APRIL 2. 11187 -COOT PRO£CT NO. R80().247 BASI.S OF BEARING NOO"f2'31" W 2663.1 5' "W.LIHENWJol DE!AI "6" -N IS N 00'04'55" W 2630.36' !!j KIPLING STREET (SH 391) I r \ SECT10N27" BEGIN ROW PROJECT STA. 27+14.511 (60.00' Rl} BEGIN CONST. PROJECT STA. 27+22.011 (51 . 11' Rl}• STA. 30+00.00 (0.00' Rl} 'CITY PlANS" -J-+- W. UNE SW Jo1 SEC'IlON 22 tm .. _Circlt Soh 140 [llgltwooi,QI 80112 .... \ RW-11 I ! ne+ \ I IJCrlSI -~3028 I -, ntEDEPARTMENTOFHIGHWAYS I STATEOFCOLORADO \ ~~ ~ PARCEL139 I I BK2130,PG564 \----_ _ ~ SEPT.8,1116V '\.~3024 tTIB13027 TE-ll ~~~ T nt Olta 10 BEARING n3 sa&"38'01"W T14 -38'00'E T15 SW3I'OO"W T18 N00"04'55"W T17 ~ Til S00"04'55"E T20 SW36'25"W T32 .... "3825"E ~ sa&"38'01"W liO SW38'00"W Til sa&3825"'1'1 CUrve~ =.""""X ---20' •oo SCALE: I "•40' LOTIO HILLS IDE SUBDIVISION LOT11 HILLSIDE SUBOMSION DELTA ARC RADIUS QiORO CHORDBRG :18'33'24" IS.IS' 25.00' 15.68' str40'28"E :wznr 10.87 25.00' 10.58 S48*10'30"E llfr15':J1" 31.31' 25.00' 55..44' S45"28'211"E f ' ,) t I l i I --.l-::. ! '1 i ~'rr-n i (RW-11 )(TE -11 ) JEFFERSON A Of~NTY SCHOOl r:t.JAS.WI>IICIPAL NO. R·1. 3900 KIPI.~RPORTATION WHEAT RIDGE ST. .COII0033 REC. NO . 85008510 lt_WEST 38TH PLACE "VACATED" h~~- rc~-" --t eoosJ ) ... I - ------------SWI/4SECTI Township3 S ON22 ,.. I-t outh, Range 69 W est, 6th p . . SE 1/4 SECTION 21 nnclpal Meridian THE DEPARTMENT STATE OF: HIGHWAYS LOT9 HRJ.SIOE SUBDIVISION t REC.NO .~ LOTIO HRJ.SIDE SUBOMSION t LOT 11 HILLSIDE SUBDMSION PARCELl~~ BK 2130. PG 554 SEPT. 8. 1969 ENOROWP ST A. 32+46:J>JECT (60.00' RT) ENDCONST p STA. 32+51 5T ROJECT • (51.06" RT) ~ SO' w ~ :5 0> (t) ~ secnoN21 SEcnON22 I I I I I I I I I I I t I I 17062 t 9785 ·-Cir Soile 140 ell ~a1110112 t t-e-- ... ... .J l t I --t I --t I -, -- Colorado Deportment of Transportation -2000 South Hoi/: Denver, CO 80 22 Phonr.JOJ-7~7-9923 FAX:303-7~7 -9390 1 SLK STA. &oooO.OO (0.00' RT) "CITY PlANS" Township 3 South, Range 69 West. 6th Principal Meridian SE 1/4 SECTION 21 'THE DEPARTMEHT OF HIGHWAYS STATE OF COLORADO PARCa.119 637 TlfE OF HIGHWAYS OF COLORADO PARCEL118 BK2114, PG469 N~·ss•w ! 2630.36' - TlfE OEPARlMENT OF ttGHWAYS STAll: OF COLORADO PARCEL117 BK 2120, PG 268 I ~I El &: 2!1 I I NE 1/4 SECTION 21 TlfE OEPARTMEHT OF HIGHWAYS STATE OF COLORADO PARCEL115 81<2113, PG3 ~ iZ • ~ I t 1 f ~ i l i ... I Denver, CO 80 22 Phone:303-757-992J fAX :JOJ-757-9390 ~r RANDY L JENSEN AND S' NICKlE ANN JENSEN 4304 KIPliNG ST. WHEAT RIDGE, CO 80033 REC. NO. 89031565 .. 8 SLK ,. f (RW-130) (TE -130) ,. ,. JANET DAUGHENBAUGH. TRUSTEE I OF THE DAUGHENBAUGH FAMILY TRUST VACANTLANO I WHEAT RIDGE, CO 80033 f REC. NO. Rl489388 ~ ~bram~aam ,. ,. Died Ric. No. 8I10Z327 ~~loefwldeRrNib ~Db,.. Rlc:.HD.S71l50C2 tm ..,_ CSrclt Soil• 140 ~COIOII2 Township 3 South, Range 69 West, 6th Principal Meridian = + ...-:z NE 1/4 SECTION 21 THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEl 113 THE OEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL 114 BK2113,PG 1 REC . NO. 340367 THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL 112 BK 2297 , PG 20 ~KIPLING STREET ~ (SH 391 ANTHONY P. IACOVETTA AND CAROL A. IACOVETTA 4320 KPllNG ST. WHEAT RIDGE, CO 80033 REC. NO. F2158965 .. ,. .. (RW-16) (TE-16) THE OEPAR'TMENT OF HIGHWAYS STATE OF COLORADO PARCS.111 BK 2140, PG 399 N 00'09'23" W 2651.19' .. KENNETH H. FRENS 4388KIPUNG ST. (RW-16A) (TE-16A~ ,. KENNETH H. FRENS ,. ____ ( ----- 4390 KIPliNG ST. WHEAT RIOGE, CO 80033 WHEAT RIDGE. C080033 REC. NO . 81046818 REC . NO. 79053987 PARCELS PARCEL A .. ,. PARCELS ,. I -·~ Tangent Cabo 10 BEARING DISTANCE TB N89"68'52"W 12.50' T7 S00'09'23"E 6 .00' T14 N89'58'52"W 8.50' T18 N89'58'52'W 2.50' T25 S8!1'58'52"E 12.50' T27 S15'12'2V'E 40.43' T28 S00'09'23"E 36.00' T29 S89'58'WE 2.00' T31 N119'27'08"E 2.00' T32 S89"2TT8"W 7.00' T33 NIII'27'08"E 7.00' T40 N00"09'23"W 8.00' T41 NII9'55'07"W 7.50' T42 N44'5757"E 9.88" m NII9'56'52"W 8.50' T88 Nts•12'29'W 40..43 T8!l N00"09'23"W 36.oo' T70 Nllr58'14"W 8.50' T72 S8U'2708'W 8.50' m S44'51'51"W 1A1' ~L-------------------------------------------------------------------------------------------------------------------------_:DIT::M::~::-N::t:s ________________________________________ _j r I ,. I NW 114 SECTION 22 l I " I I ;;> l ~ t ~ I t I i ~ /£ l ::1 ~ .. i ~ ... s § Colorado Deportment of Transportation -2000 South Ho~ Denver, CO 80 22 Phone:J03-757-9923 FAX:JOJ -757-9390 on 1 SLK 9785 !boon Circle &Jte 140 Englewood, CO 80112 I I Township 3 South, Range 69 West, 6th Principal Meridian NE 1/4 SECI'ION 28 I CITY OF WHEAT RIDGE PROJECI' NO . 8-03-11 I =+=-z I TllE DEPARTMENT OF HIGHWAYS TllE OEPARllotENTOF HIGHWAYS TllE DEPARTMENT OF HIGHWAYS :' STATE OF COlORADO STATE OF COlORADO STATE OF COLORADO ;J TllE DEPARTMENT OF lfGHWAYS PARCEL 162 PARCEL 150 PARCEL 149 ------!10' 100' SCAU:z 1'"•100' %b~ STATEOFCOLORADO BK 2211 ,PG5JS BK2114,PG467 BK2127,PG417 PARCEL 163 OCT 12, 1&70 JUlY 13 1969 AUGUST 22, 1969 I --------BK--21-2t4._P0 __ 1~-------------------·4--·--~~~~~~~------------------------------------~~~l·~--------------~~~~~--~----~~~~~r-------------AUGUST 11 , 1969 TllE DEPARTMENT OF HIGHWAYS 1HE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEl148 TllE DEPARTMENT OF HIGHWAYS STATE OF COlORADO I PARCB.151 BK 2115, PG 3&1 Jl.ll y 3, 1989 IW.)4 ;?j I l30' 9885 W. 32nd AVE. LOT17 ~~~ I WHEAT RIDGE. CO 110033 I 'I REC.NO(~ I t____.....l WI .~1 ' I~ ~ !tl ~ @lHE CITY OF WHEAT RIDGE /;; I .s::; BK 2444, PO 369 (RW-5)(TE-5) ...... ~ '0 NOV. 10, 1972 lO ('f) !>I c I LOT111 ~~/ I 01ARlEh£ RUSSB.L ~~I I 3:1 @ THE CITY OF WHEAT RIDGE '/ ' 3370 KIPliNG ST I I 13: BK 2892, PO 391 t WHEAT RIDGe, CO 110033 AUGUST 111, 19711 REC . NO. FD4e5400 I (TE-3) (TE-3A) ,. I. I (RW-6)(TE-6) j I GERALD A. BENSON ·-1// AHH NGOC LE & TRANG LE 3300 KFUNG ST. GERALD A. BENSON 3390 KIPliNG ST. I"- I WHEAT RIDGE, CO 80033 3300 KIPLING ST. WHEAT RIOOE. CO 110033 N WHEAT RIDGE, CO 80033 ~ REC. NO. 180418114 REC. NO. 18041984 / REC . NO. 2001061227 5 I (Rw-7)(TE-7) ~ I (RW-4) (TE -4) )' ,' STEPIWI1E MARnN ~ ~ 3COO KIPUNG ST. I ~~~-~--( WHEAT RIDGE. CO 80033 ~ P.O .BOX507 GOLDEN, CO I04Q2 REC. NO. F2080993 c:n I. I I NW J/4 SECI'ION 27 (RW-B)(TE-8) NO BOOK OR REC . NO. I FOR THIS PARCEL ' \' HELEN E. POUCH ROCKY MOUNTAIN WATER COMPANY WAS CONTACTED 911110 W. 35111 AVE. WHEAT RIDGE. CO 80033 I ON JUNE 2<1 , 2013 t- nilS IS A PRESCRIPTIVE EASEMENT AND \ REC. NO. 585288 I THERE IS NO LEGAL DESCRIPTION ' .. ! Colorado Deportment of Transportation - 2000 South Holy Denver, CO 80222 Phone:JOJ-757-9923 FAX:JOJ-757-9390 Region 1 SLK NE 1/4 SECTION 28 :::::::::::=::-::-:-"l.&lst AOw U"'E - NW 1/4 SECTION 27 t Township 3 South, Range 69 West, 6th Principal Meridian SE 114 SECTION 21 THE DEPARTMENT OF HIGHWAYS STATE OF COlORADO BK93.PG37 APRIL 2. 1987 and COOT PROJECT NO. ~247 THE DEPARTMENT Of HIGHWAYS STATE OF COLORADO PARCB.140 BK 2153, PG 713 JAN.6,1i70 @15' ROW HERESY DEDICATED FOR KIPLING ST. (RW'o_9)(TE-9) t SECONO CONVENIENCE STORES PROPERTIES CORP. A DELAWARE CORPORATION 9999 W 38lh AVE. WHEAT RIDGE, CO 80033 REC.N0.88048 ©~bll'~end SV.&..It (Bootll. Plgl37) ® SWjed b &.-*-Rot. No. FU2311101 (0 Solljod b I 11' PSC0 -Rot. No. mJ1II1M (D ~bT,._II'd~&..lt P!ojoc:l No. A&QO..H1, Pe4 Rlt.llo. 200800ZS73 @ tilodbT ... _MOIW....,.- P!ojoc:l No. AQC_3111Ml09, PE.t Ale. No. 201Z1171101 ® tiJod b &.In -lloal 2444,,.... m. 380 (D tilodb ~-Aec.No. RI03IS1 JEMACO, LLC , A COLORADO UMrTEO UABILITY COMPANY 3850 KFUNG ST. WHEAT RIDGE, CO 80033 REC. NO. F111Sl101!0 9785 Woroon C' .. cle Slilt 140 THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCB.139 BK 2130, PG S5o4 SEPT. 8, 1969 SW 1/4 SECTION 22 co 80112 = + ...... z ---- W.LINI!S ~SECTtON22 ,. ~@3D (RW-l2A)(TE-12A) LARJ\J , LLC , A COlORADO LIMTEO UASIUTY COMPANY 3890 KJPUNG ST. MEAT RllGE. CO 80033 REC. NO. F2054604 ---::::E:?Zm:-:G:r:::a::~ .L. _mST ROW UNE __ ------------------------------------------------------------------------------------------~ Colorado Deportment of Transportation -2000 South Holll: Denver, CO 80 22 Phone: 303 -757-9923 F"AX: 303-757-9390 1 SLK ~ . STA. 50+00.00 (0.00' RT) "CITY PLANS" KIPLING ST. AND OUlETTE DITCH PER JANET D. MINOR SU80MSION @10' RON HEREBY DEDICATED FOR KIPLIIG ST. AND OULETTE DITCH PER PlAT (RW-13) (TE -13) OAIJGHENIII\UGH FAMILY TRUST 42AO KIPUNG ST. WHEAT RIDGE CO, 110033 REC. NO. F0489368 ® Sulljldb 1 ,.,.,_ ur ....,.ond 1111y e:-no.. Plr -0 . ....,&--. flll1g No.2 Pill @&Aijocl b. Dolootan e:-no.. 'A' Plr -0 • ...., &--. flll1g No.2 Pill ®~bi3S'Cioa~E-... ® &Aijocl b I Dolootan e:-no.. 'II' Pli Jonol D . ...., SI.Ciclllobl flrcl No.2 Pill _@SUIIjodba 'R er... _.,9.-.E;ND £-... ~b~~~perR8e.Ho.F111110201 SE 1/4 SECTION 21 THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL 118 BK PG469 PLANS" THE DEPARTMENT OF HIGHWAYS STATE OF COLORADO PARCEL 119 BK 2093, PG 637 LOT1 BlOCK 1 JANET D. MINOR SUBDIVISION NE 1/4 SECTION 21 9785 Maroon Circle Suite 140 Englewood, CO 80112 = ....... z --- I I 'I I I 100' SCAI.[: 1"•100' (RW' (TE-168) KENNETH H. FRENS 99911 W. 44TH AVE. WHEAT RIDGE. CO 110033 REC. NO. 86000031 <!)&tljodb~ ac Dood • 2302, I'll m @&Aijoc!IIIT-Sple...... Ilk 2729, Pg 134 @SWjoctlll~ Pnlj.No.~TPE-6 @&Aijoclb~ P!q. No. RaJ0.2C1 1'&6 -------t-------t-------·___j (RW-15) (TE -15) AHTHONY~~COVETTA #10 CAROL A. ~COVETTA 4320 KIPI.NG ST. WHEAT RIDGE, CO 110033 REC. NO. F21511985 (RW-16) (TE-16) KENNETH H. FRENS 4388 KIPLING ST. WHEAT RIDGE . CO 80033 REC. NO. 810411818 NW 1/4 SECTION 22 I VARIES (RW-16A) (~TE,...-~16~A=:)J-....:..:..:.::::.::..,_t- KENNETH H. FRENS 4390 KIPUNG ST. WHEAT RIDGE. CO 110033 REC. NO. 1'90539117 City Council January 13, 2014 Project Purpose Bicycle/Pedestrian Access Crown Hill Open Space Discovery Park/Recreation Center Schools Clear Creek Regional Trail Bicycle/Pedestrian Master Plans City’s #1 Priority Route County’s Primary North/South Route Project Scope 32nd Avenue to 35 th Avenue 38th Avenue to Lena Gulch Trail Lena Gulch Trail to Clear Creek Clear Creek Bridge Clear Creek to 44th Avenue Property Acquisition Federal Process Project Needs 10’ from back of curb for multi-use trail 2’ for ped lights between 32nd and 35th 3’ for Xcel poles remainder Property Acquisition Existing Right of Way 10’ of existing improvements on private property 3,989 sf Right of Way – 20 parcels Width varies from to 2’ to 10’ 10,150 sf total, with 2,863 sf Residential Temporary Construction Easements – 8’ to 10’ 21,269 sf total, with 9,118 sf Residential Amenities Utility Undergrounding – 32nd to 35 th Pedestrian Lights Street Lights Upgrade Traffic Signals for Bike/Ped Benches w/ Trash Cans – 9 Bike Racks – 10 Spaces Bike Shelter – 10 Spaces Construction Items Tree Replacement Landscape/Irrigation Replacement Fence Replacement Driveway Reconstruction Retaining Walls Project Budget Total - $3,178,000 Federal - $2,473,000 City - $705,000 Design - $343,000 Federal - $274,000 City - $69,000 Construction - $2,835,000 Federal - $2,199,000 City - $636,000 Design Schedule Dates January 14, 2014 – ROW Acquisition Starts January 29th, 2014 – 2nd Neighborhood Meeting Mid May, 2014 – ROW Acquisition Complete? June 30, 2014– Out to Bid August 11, 2014 – City Council Meeting Construction Schedule Restrictions Work Hours – 7:00 am to 5:00 pm Holidays – No Work Weekends – No Work 1st Quarter 2014 – Xcel Undergrounding 32nd to 35 th Summer 2014 – Other Utility Relocations September 2014 – Start Construction May 2015 – Finish Construction Questions? ~~·., .. _ ~ City of • JP"Wheat:Ri_dge TITLE: ITEM NO:~ DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION RESOLUTION NO. 02-2014 - A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $40,000 FOR THE REQUIRED MATCH FOR AN EPA BROWNFIELDS CLEAN-UP GRANT D PUBLIC HEARING D BIDS/MOTIONS C8J RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2 N D READING QUASI-JUDICIAL: D YES C8J NO CiQ.~!;Jx1aU ISSUE: The City loaned funds to Renewal Wheat Ridge (RWR) for the purchase of a parcel located at 7690 W. 38th Avenue and 3790 Yukon Court from the Bank ofDenver. The site had been identified as containing environmental contamination. RWR will be applying for a competitive EPA Brownfields Clean-up Grant for an amount up to $200,000 to assist with the remediation of the site. The clean-up grant requires a 20% match in order to be awarded funding. Additional points are awarded if the matching funds are identified at the time the application is submitted . Staff requests the Council approve a supplemental budget appropriation for 20% of the required match, not to exceed $40,000. Council Action Form January 13, 2014 Page 2 PRIOR ACTION: At its September 9, 2013 regular meeting, Council entered into an Intergovernmental Agreement (IGA) with RWR approving a loan of$340,000 to RWR to obtain the property from the Bank of Denver. FINANCIAL IMPACT: This supplemental budget appropriation will increase the General Fund budget by $40,000. BACKGROUND: RWR obtained this site from the Bank of Denver through an IGA with the City of Wheat Ridge. The site is located on the southwest comer of 38th Avenue and Wadsworth Boulevard and measures approximately 26,040 square feet. The site previously housed a number of retail and service operations that included a parts and sales office for Go Ford and prior to that a dry cleaning business. It is believed the dry cleaning business was the source of the contamination. The location is a prime site for brownfields remediation. A brownfield is defined as: real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant. This parcel is an important component to the development goals of the City and RWR which has identified the entire 14.8 acre site as a key redevelopment site in the heart of the City of Wheat Ridge. The City Manager's Office, Community Development Department and the Economic Development Division have been working with numerous developers on acquisition and development of the site. But due to zoning, site constraints, and the inability to negotiate a deal with the multiple property owners, the site has remained undeveloped and blighted. In 2011 the City rezoned the site from commercial (C-1) to mixed-use commercial (MU-C). This new land designation provided more assurance to the development community in terms of their ability to receive entitlements to development. In 2012, MQ Development Partners was able to negotiate purchase options with two of the three land owners on the site of the former Go Ford dealership. The third site, that MQ was not able to acquire, is the parcel that includes 7690 W. 38th Avenue and 3790 Yukon Court. MQ wanted to obtain this parcel to improve the center's aesthetic appeal and site circulation but due to the identified contamination, the feasibility and economics of developing the site became cost prohibitive. Subsequently, the City applied to, and received, an EPA Brownfields Assessment Grant that provided funding to perform Phase I and Phase II assessments of properties along the Wadsworth Boulevard corridor. When MQ was not able to obtain the third parcel, the City intervened in the process and began negotiations with the Bank of Denver. Part of this negotiation provided for the use of this assessment grant to determine if contamination existed and to develop a remediation plan if contamination was discovered. Council Action Form January 13, 2014 Page 3 The Phase I report, which involves the investigation of past uses on the site, and potential for contamination, revealed that a dry cleaning business did exist on the parcel at one time. The City then requested that the Bank of Denver allow site borings to identify the extent of the contan1ination. Those borings revealed a high concentration of contamination on the site. Based on these findings, an Analysis ofBrownfield Clean-up Alternatives (ABCA) report was created, which detailed alternatives for remediation of the site. The ABCA, besides identifying various remediation plans, provides the conduit which allows RWR to enter into the state's Voluntary Clean-Up Program (VCUP). The VCUP utilizes the ABCA to define the site remediation plans. Based on the approved remediation plan, the -CUP will provide a No Further Action Determination (NAD) letter that will indemnify MQ from any lawsuits pertaining to identified contamination on this parcel and allow them to begin vertical construction. R WR will still be responsible for the site remediation, but vertical construction will be allowed with minimal restrictions. At some future date, when testing indicates the site has been remediated, RWR and the City will receive another NAD from the state. By entering into the VCUP, RWR then becomes eligible to apply for the clean-up grant. The grant is an EPA program that empowers states, communities and other stakeholders to work together in a timely manner to prevent, assess, safely clean-up, and sustainably reuse brownfields. EPA provides technical and financial assistance for brown fields activities through an approach based on four main goals: protecting human health and the environment, sustaining reuse, promoting partnerships, and strengthening the marketplace. RWR will be applying for a clean-up grant to carry out clean-up activities at the site. The funds, up to $200,000, require a 20% local match and may be used to address site contamination. The funding award is competitive and based on a point-system, and additional points are garnered by identifying the source for the matching 20%. Staff has contracted with Family Environmental to prepare and submit the application on behalf ofRWR. Applications are due on January 22,2014. RECOMMENDATIONS: Staff recommends adoption of the resolution in order to provide a supplemental budget appropriation in the amount of$40,000 for the required match for an EPA Brownfields Clean-Up Grant. RECOMMENDED MOTION: "I move to approve Resolution No. 02-2014, a resolution amending the fiscal year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of $40,000 for the required match for an EPA Brownfields Clean-Up Grant." Or, Council Action Fonn January 13 ,2014 Page 4 "I move to deny approval of Resolution No. 02-2014, a resolution amending the fiscal year 2014 General Fund Budget to reflect the approval of a supplemental budget appropriation in the amount of$40,000 for the required match for an EPA Brownfields Clean-Up Grant for the following reason(s) " REPORT PREPARED/REVIEWED BY: Steve Art, Economic Development and Urban Renewal Manager Ken Johnstone, Community Dev elopment Director Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 02-2014 TITLE: CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 02 Series of 2014 A RESOLUTION AMENDING THE FISCAL YEAR 2014 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $40,000 FOR THE REQUIRED MATCH FOR AN ENVIRONMENTAL PROTECTION AGENCY (EPA) BROWNFIELDS CLEAN-UP GRANT WHEREAS, the City of Wheat Ridge, acting through its City Council entered into an Intergovernmental Agreement with the Wheat Ridge Urban Renewal Authority dba Renewal Wheat Ridge (RWR) for the purchase of property at 7690 W. 38th Avenue and 3790 Yukon Court; and WHEREAS, the site contains underground soil and groundwater environmental contamination of which RWR desires to remediate; and WHEREAS, the site is an important property in an overall vision for redevelopment of the southwest corner of 38th and Wadsworth; and WHEREAS, RWR wishes to apply for an EPA Brownfields Clean-Up Grant in the amount of $200,000; and WHEREAS, a 20% match is required for the granting of funds from the EPA in an amount of $40,000 ; and NOW, THEREFORE, BE IT RESOLVED by the City Council of Wheat Ridge, Colorado, as follows: A. The City Council authorizes the use of $40,000 from the General Fund undesignated reserves for the expenditure from account number 01-105-700-720 and amending the 2013 fiscal year budget accordingly. DONE AND RESOLVED this 13th day of January, 2014. Joyce Jay, Mayor ATIEST: Janelle Shaver, City Clerk GED/WR/WRURA ... \•, ... ~ r City of • J?'Wheat:Ri_dge ITEMNO:_k DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 07-2014 - A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE FLOOD CONTROL DISTRICT FOR THE FUNDING OF FUTURE MAPLE GROVE RESERVOIR MAINTENANCE AND IMPROVEMENTS 0 PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS QUASI-JUDICIAL: ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES The City of Wheat Ridge and other adjacent communities associated with the Maple Grove Reservoir, including Lakewood and Jefferson County, have entered into an Intergovernmental Agreement (IGA) for Maple Grove Reservoir Dam Spillway Improvements with Urban Drainage Flood Control District (UDFCD), dated July 14 , 1976, and amended on April 10, 1978. The Maple Grove Reservoir Dam and spillway improvements identified in the original IGA were completed by July of 1976. The Consolidated Mutual Water Company owns the Maple Grove Reservoir Dam and related improvements. The participating communities recognize the need for flood control storage in Maple Grove Reservoir and for the continued need to share responsibility for preserving such flood control storage. They believe a more efficient use of resources is to utilize the District's current process where construction funding is provided through a five-year Capital Improvement Plan (CIP) based on each local government's yearly requests and priorities. The group's desire is to use the CIP process to fund maintenance and replacement needs ofthe flood control gates, rather than making an annual contribution to a replacement and maintenance fund as required under the original IGA. Council Action Form January 13,2014 Page 2 Amending the IGA with UDFCD is necessary to address the future operation and maintenance for the reservoir. The IGA provides that each city finance its portion of the cost for future improvements. The portion for Wheat Ridge will be 18.75% of the project cost, as established among the interested parties. This percentage is identical to the figure provided within the otiginal IGA Agreement for past improvements. PRIOR ACTION: None FINANCIAL IMPACT: The City has been depositing its fund portion annually in the amount of $997 and the anticipated return of funds is about $8,000. The established CIP process will be utilized to fund future maintenance and replacement needs of the flood control gates. BACKGROUND: The Maple Grove Reservoir IGA with the Urban Drainage Flood Control District, Jefferson County, City of Lakewood, and the City of Wheat Ridge was signed in 1976 and then amended in 1978. During a past platming study of Lena Gulch, the flood storage in the reservoir was recognized as being beneficial to downstream properties. As a result, all involved agencies collaboratively funded the construction of a "fabridam" gate control device several years ago. The IGA was instituted to ensure a way of paying for future maintenance and replacement of the dam, since a CIP process or maintenance fund was not in place at that time. Each year, entities deposited their established portion of the obligated funds into a capital account held by the District to accrue money for future costs. That system worked well; the fabridam was in need of replacement in the late 1990's and a gate was installed and paid for out of the account. Jefferson County raised a concern that this system is outdated now that there is a CIP process in place to facilitate the partnership to maintain and replace the new gate, in lieu of adding a small amount of money each year . Therefore, the participating agencies are now proposing to amend the agreement again to use the processes that are now in place to fund projects. UDFCD proposed that the existing capital fund be closed down and monies be returned in the proportions in which they were collected. When an entity identifies needed maintenance or improvements to the reservoir, it shall notify the other entities to the Agreement as provided below. If all entities in the Agreement determine the improvement or maintenance is necessary, they shall use the District's CIP process and divide the costs for maintenance and/or future replacement of the flood control gates in the following original respective amounts: Entity Allocation: LAKEWOOD WHEAT RIDGE JEFFERSON DISTRICT 12.50% 18.75% 18.75% 50.00% Council Action Form January 13, 2014 Page3 All entities understand and agree that they will be required to enter into additional design and/or construction-related intergovernmental agreements with more specific details on each project and the funding requirements as they are added to the CIP in the future. At the time of execution of this Agreement, there are no projects for the Maple Grove Reservoir included in the CIP. RECOMMENDATIONS: Staff recommends approving the amendment to the agreement with Urban Drainage Flood Control District to fund future maintenance and improvements to Maple Grove Reservoir through a standard CIP process. RECOMMENDED MOTION: "I move to approve Resolution No. 07-2014, a resolution approving an amendment to the Intergovernmental Agreement with the Urban Drainage Flood Control District for the funding of future Maple Grove Reservoir maintenance and improvements." Or: "I move to postpone indefinitely Resolution No. 07-2014, a resolution approving an amendment to the Intergovernmental Agreement with the Urban Drainage Flood Control District for the funding of future Maple Grove Reservoir maintenance and improvements for the following reason( s): " REPORT PREPARED/REVIEWED BY: Steve Nguyen, Engineering Manager Scott Brink, Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Resolution No. 07-2014 2. UDFCD Agreement No. 13-07.04 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 07 Series of 2014 TITLE: A RESOLUTION APPROVING AN AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT WITH THE URBAN DRAINAGE FLOOD CONTROL DISTRICT FOR THE FUNDING OF FUTURE MAPLE GROVE RESERVOIR MAINTENANCE AND IMPROVEMENTS WHEREAS, the City and several adjacent communities including Jefferson County and the City of Lakewood, served by Maple Grove Reservoir, have entered into an Intergovernmental Agreement for Maple Grove Reservoir Dam Spillway Improvements with Urban Drainage Flood Control District, dated July 14, 1976, as amended on April 10, 1978;and WHEREAS, these entities recognize the need for flood control storage in Maple Grove Reservoir and for the continued need to share responsibility for preserving such flood control storage; and WHEREAS, these entities believe a more efficient use of resources is to utilize the District's current process, where construction funding is provided through a five-year Capital Improvement Plan (CIP) based on each local government's yearly requests and priorities. The entities desire to use the CIP process to fund maintenance and replacement needs of the flood control gates, rather than the annual contribution to a replacement and maintenance fund as required under the original IGA; and WHEREAS, the City's portion of project funds contribution would be 18.75% of the project cost; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, that: Section 1. Agreement Amended. The agreement between the City and the Urban Drainage Flood Control District for IGA No. 13-07.04: Maple Grove Improvements, is hereby amended and the Mayor and City Clerk are authorized and directed to execute the same. 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 AMENDMENT (SECOND) TO INTERGOVERNMENTAL AGREEMENT (Maple Grove Reservoir Improvements) Agreement No. 13-07.04 THIS AGREEMENT, made this day of , 2013, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"); CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); the CITY OF LAKEWOOD (hereinafter called "LAKEWOOD"); and JEFFERSON COUNTY (hereinafter called "JEFFERSON"); and collectively known as "PARTIES"; WITNESSETH: WHEREAS, PARTIES have entered into an "Intergovernmental Agreement for Maple Grove Reservoir Dam Spillway Improvements", dated July 14, 1976, as amended on April 10, 1978 (collectively known as "Original IGA ")see Exhibit I; and WHEREAS, the Maple Grove Reservoir Dam and spillway improvements identified in Original IGA were completed by July of 1976. WHEREAS, the Consolidated Mutual Water Company continues to own the Maple Grove Reservoir Dam and related improvements; and WHEREAS, PARTIES recognize the need for flood control storage in Maple Grove Reservoir and for the continued need to share responsibility for preserving such flood control storage; and WHEREAS, PARTIES believe a more efficient use of resources is to utilize the District's current process where construction funding is provided through a 5-year Capital Improvement Plan (CIP) based on local govenunent's yearly requests and priorities; and WHEREAS, PARTIES desire to use the CIP process to fund maintenance and replacement needs of the flood control gates, rather than the annual contribution to a replacement fund and maintenance fund as required under Original IGA. NOW, THEREFORE, in consideration of the mutual promises contained herein, PARTIES hereto agree as follows: 1. Paragraph 2. 40' Fabridam of Original IGA is deleted as the project contemplated under Original IGA is complete. 2. Paragraph 3. Allocation ofCost of Original IGA is deleted, replaced, and renumbered as follows: 2. Allocation of Cost When a PARTY identifies needed improvements or maintenance to the Maple Grove Reservoir, PARTY shall notify the other PARTIES to this Agreement as provided below. If PARTIES to this Agreement determine the improvements or maintenance is necessary. they shall use the District's CIP process and shall divide the costs for maintenance and/or future replacement of the flood control gates in the following original respective amounts: \d cm\agrmnt\ 13 \130704 Attachment 2 I Party LAKEWOOD WHEAT RIDGE JEFFERSON DISTRICT Allocation 12.50% 18.75% 18.75% 50.00% PARTIES understand and agree that PARTIES will be required to enter into additional design and/or construction related intergovernmental agreements with more specific details on each project and the funding requirements as they are added to the CIP in the future. At the time of execution of this Agreement, there are no projects for the Maple Grove Reservoir included in the CIP. 3. Paragraph 4. Replacement Fund of Original IGA is deleted. Any monies currently existing in such fund shall be returned to PARTIES in accordance with the allocation of cost percentages identified in Paragraph 2. Allocation ofCost. 4. Paragraph 5. Maintenance of Original IGA is deleted. Any monies currently existing in such fund shall be returned to the PARTIES in accordance with the allocation of cost percentages identified in Paragraph 2. Allocation of Cost. 5. Paragraph 6. Construction of Original IGA is deleted as the project contemplated under Original IGA is complete. 6. Paragraph 7. ofOriginaiiGA is renumbered to Paragraph 3. 7. The following Paragraphs 4-17 are added as follows: 4. Contracting Officers and Notices A. The contracting officer for COUNTY shall be the Director of Transportation and Engineering, 100 Jefferson County Parkway, Golden, Colorado 80419. B. The contracting officer for WHEAT RIDGE shall be the Director of Public Works, 7500 West 291h Avenue, Wheat Ridge, Colorado 80033. C. The contracting officer for LAKEWOOD shall be the City Manager, 480 South Allison Parkway, Lakewood, Colorado 80226. D. The contracting officer for DISTRICT shall be the Executive Director, 2480 West 26'h A venue, Suite 1568, Denver, Colorado 80211. E. Any notices, demands or other communications required or permitted to be given by any provision of this Agreement shall be given in writing, delivered personally or sent by registered mail, postage prepaid and return receipt requested, addressed to PARTIES at the addresses set forth above or at such other address as either party may hereafter or from time to time designate by written notice to the other party given when personally delivered or mailed, and shall be considered received in the earlier of either the day on which such notice is actually received by the party to whom it is addressed or the third day after such notice is mailed. \dcmlagrmnt\ 13\130704 2 5. Amendments This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments or modifications to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding. 6. Severability If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a court of competent jurisdiction or by operation of any applicable law, such invalid or unenforceable clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or provisions shall be given full force and effect. 7. Applicable Laws This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State of Colorado and venue for the same shall lie in the County where PROJECT is located. 8. Assignability No party to this Agreement shall assign or transfer any of its rights or obligations hereunder without the prior written consent of the nonassigning party or parties to this Agreement. 9. Binding Effect The provisions ofthis Agreement shall bind and shall inure to the benefit of PARTIES hereto and to their respective successors and permitted assigns. I 0. Enforceability PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity, by decree of specific performance or damages, or such other legal or equitable relief as may be avai !able subject to the provisions of the laws of the State of Colorado. II. Termination This Agreement may only be terminated upon mutual agreement of all PARTIES and only upon the cancellation of all contingent, outstanding contracts. All costs associated with the cancellation of the contingent contracts shall be shared between PARTIES in the same ratio(s) as were their contributions and subject to the maximum amount of each party's contribution as set forth herein. 12. Employment Status This Agreement shall not change the employment status of any employees of PARTIES. No party shall have the right to control or direct the activities of any employees of another related to this Agreement. 13. Appropriations Notwithstanding any other term, condition, or provision herein, each and every obligation of the PARTIES stated in this Agreement is subject to the requirement of a prior appropriation of funds therefore by the appropriate governing body of such PARTY. \dc m\agnnnt\ 13\130704 3 14. No Third Party Beneficiaries It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to PARTIES, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of PARTIES that any person or party other than any one of PARTIES receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 15. Govemmentallmmunities PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by either PARTY of any rights. limitations, or protections afforded to them under the Colorado Governmental Immunity Act (Section 24-10-1-1, C.R.S., et seq.) as now or hereafter amended or otherwise available at law or equity. 16. Intent of Agreement Except as otherwise stated herein, this Agreement is intended to describe the rights and responsibilities of and between the PARTIES and is not intended to and shall not be deemed to confer rights upon any person or entities not named as PARTIES. nor to limit in any way the powers and responsibi I ities of the PAR TIES or any other entity not a party hereto. 17. Execution in Counterparts This Agreement shall be executed by PARTIES in counterparts and only upon execution of the responsible counterparts by everyone listed herein shall this Agreement be treated as executed by PARTIES. 8. All other terms and conditions of Intergovernmental Agreement. as previously amended. shall remain in full force and effect. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year first above written. (SEAL) ATTEST: \dcm\agrmnt\ 13\13 0704 4 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By ________________________ __ Title Executive Director Date ______________ _ (SEAL) ATTEST: APPROVED AS TO FORM: City Attorney \dcm\agrmnt\ 13\130704 CITY OF WHEAT RIDGE By __________________________ _ Title _____________ _ Date ____________ _ 5 (SEAL) ATTEST: Margy Greer, City Clerk APPROVED AS TO FORM: Tim Cox, City Attorney APPROVED AS TO CONTENT: Jay N. Hutchison. Director of Public Works Larry Dorr, Director of Finance \dcm\ag rmnt \13 \ 130 704 CITY OF LAKEWOOD By ________________________ __ Title City Manager Date ____________ _ 6 JEFFERSON COUNTY (SEAL) By: ________________________ _ ATTEST: Title: Donald Rosier, Chairman Board of County Commissioners Date. _______________________ _ By: Deputy Clerk APPROVED AS TO FORM: Assistant County Attorney \dcm\agrmnt \ 13\130704 7 .· .. . EXHIBIT 1 AMENDMENT to INTERGOVERNMENTAL AGREEMENT (Maple Grove Reservoir Improvements) THIS AMENDMENT, made and entered into this /IJ-t/L day of ~J 197~ by and among . the URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (hereinafter called "DISTRICT"); the CITY OF WHEAT RIDGE (hereinafter called "WHEAT RIDGE"); the CITY OF LAKEWOOD (here ina fte r ca 11 ed "LAKEWOOD") ; and the COUNTY OF JEFFERSON (hereinafter called "JEFFERSON"); WITNESSETH: WHEREAS, DISTRICT, WHEAT RIDGE, LAKEWOOD, and JEFFERSON entered into an agreement dated July 14, 197~, concerning improvements to the Maple Grove Reservoir Dam, under which the parties to this Amendment agreed to contribute $66,000 toward the cost of making improvements to the spillway of the dam, said amount being the estimated excess of the cost of spillway improvements at said dam desired by the parties to this Amendment over costs necessarily to be •, '•' 1ncurre by the Consolidated Mutual Water Company, owners of the Dam, in ··i · . d ~ ~ complying with directions issued by the Colorado Division of Water ResouJ~s~ · , .... requiring changes in the spillway; and ~:_-: ; : WHEREAS, improvements to the Maple Grove Reservoir Dam and spillwa:;: ~ ' hm ""' bm oo,.lot•d to th• ""'''"'o" of th• Colo<Odo Di>i•io" o~~ ·: Resources, and in accordance with fi na 1 design criteria approved by the ~t : to this Amendment; and WHEREAS, the actual costs of all improvements are now known, and the engineer in charge of the work ha ·s determined that the cost of spillway improvements made on behalf of the parties to this Amendment is $85,137.~9 more than Consolidated Mutual Water Company would have had to spend to comply with the directions of the Colorado Division of ~later Resources, as compared to the original estimate of $66,000; and WHEREAS, the parties to this Amendment have agreed to share the originally estimated cost of spillway improvements of S66,000 made on behalf of same in accordance with the following allocations: .· :: ·. Party lakewood Wheat Ridge Jefferson District -2 - Allocated Share 12:.1/2% 18-3/4% 18-3/4% 50% 100% NOW, THEREFORE, in consideration of the mutual promises set forth 1n the agreement between the parties, dated July 14, 1976 and the conditions therein set forth, the parties hereby agree to amend Item 3, ALLOCATION OF COST of said agreement as follows: ALLOCATION OF COST: 3. LAKEWOOD, WHEAT RIDGE, and JEFFERSON shall grant, contribute, and pay over to the DISTRICT for the purpose set forth above, respective amounts not to exceed the follaNing: Party Lakewood Wheat Ridge Jefferson Allocation 12-1/2% 18-3/4% 18-3/4% Maximum Contribution $8,259 $10,642.19 $l2,a~5 $15,963.28 $l2,375 $15,963.28 The DISTRICT shall, in addition to completing the project set forth above, contribute fifty (50%) percent of the total cost not to exceed lhirty-lhFee lheY!a"6-f$33,999r991-Be~~ars Forty Two Thousand five Hundred Sixty-eight Dollars and Seventy-four cents ($42,568.74). All other terms and conditions of the July 14, 1976 agreement shall remain in full force and effect. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment the day, month, and year first above written. (SEAL) THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT ~:1~ ~ tL_ b¥J By___.._re ........ rutt:~~ --~v't~uL=-- Title s~,~~u .. 4b:J oate_--"'y..-tJ...,ay/~-.o~7~3,__ ____ _ .. '· I .. .. .. .~ (SEAL) AffiST: ~..nJll~ (SEAL) AITEST: APPROVED AS TO FORM: ~~ APPROVED AS TO CONTENT: v~ Director of Community Services - 3 - JEFFERSON COUNTY B~£d:'~- T1tle~ CITY OF LAKEWOOD fUNDS 1\\'N L;.;;l.E 1-i(:] (SEAl) AnEST: ~~ APPROVED AS TO FORM ~~ CITY OF WHEAT RIDGE ay~~--~v~.~ Title~~ Date 3-;' ~ -7 8 I !' ( INTERGOVERNMENTAL AGREEMENT (M.:tple Grove Reservoir Improvements) TillS AGREEMENT, made und entered into this Jlft_b_ day ·Of ~~< 1 1976, by and among the URDAN DIU\IN/\GE AND FLOOD CO,lTHOL DIS '~'RICT (hc.ceinufl:er called "DIS'riUCT") ; the CI'l'Y OF l'll!EJ\T RIDGE (hereinafter called "WHEAT RIDGE"); the CITY OF LAKJ':l·iOOD (hereina.fter called "L/\KEIWOD") ; and the COUNTY OF JEFFERSON (hereinafter called "JEFFERSON") IH'l'NESSETH: \'JJJEREAS, Naple Grove Reservoir Has cons t1:ucted by the Con- solidated 1'1utual Nater Com,p.:tny in 1955 as e1. \>later supply reservoir; and t'llJEREAS, Maple Grove Reservoir now provides substantial down- streum pr.otection during storms of 100-year frequency or less by reducing 100-year peak flows from approximately 3,830 cfs to appro- ximately 1,490 cfs; and I·IIIEiillAS, the Consolidated Mutual \·later Company, owner of Nuple Grove Reservoir, was directed by Lhe Colorado Division of WHier •! Resources to upgrade the spillway to poss the Standard ProjPcl: Flood estimated to approximate 13,900 cfs, as dete1:mined by the U.S. coJps of Enginners; and \'lllEREAS, Consolitlul:ed Hutual t-.ater Company, in ordc:>r to meet the requirements or the Colorado Division of lv.:tter Resource:s plans to enlarge the Naple Grove Reservoir Daz~ spi ll1-1ay to p.:1ss the Standard Project Flood and the most economical solution to Consolid~tcd would increase the 100-year floH potential from the reservoir spillway from approxim.:ttcly 1,490 cfs to approximately 2,1\70 c[s; and 1·/IIE!ml\S, such increases in spilli~.JY outflo\~ 1voulcl ilCJ<Jruvntc \:he- alreudy serious downulrcam 1\IIEf<El\S, the Di~;t~:ict flooding p~:oblem; .Jn~J)./ dcuircs t-o~~uch spil·llv<~y ou Lf lOivS from uppro:d;~ill:ely 2,t170 cfs to .llPtn-o:dm,,tely 1,700 cfs in vielv of its uo•.vnHtl·cam ch,Jilne.l improvcme11t clc!dgn in uccordancc \·d th Lhc hydrogrilph contained in the r,cn.:l Gt1lch Dr"inilCJC Study dillccl ,Junf', 197!:i; ancl . •' ·. I . ( \'IIIEREJI.S, Y.:lt:AT IU DGE, LI\KENOOD and JEFFF.HSON have i ncJ ica ted their interest in participating in th~ cost that the DISTRICT will incur in order to achieve the desired 100-ycar spillway outflow of approximately 1,100 cfs; and I~IIEREAS, CONSOLIDI\'l'ED l-IUTUAL has agreed to penni t DIS'l'!UCT to construct a Forty Foot (40') fabridnm in addition to CONSOLlDI\TED's Thirty Foot (30') fabridam and to permit DISTRICT to own such fabri- dam, all as is set forth in an Agreement between DISTRIC'I' and CONSOLIDATED, a copy of which is attached hereto as EXHIBIT "A"; and NON, 'I'IIEREfo'ORE, in consideration of the mutual promises con- tained herein, the Parties agree as follows: PURPOSE: 1. The purpose of the improvements set forth herein and the expenditure of public moneys is to provide dmmstream prqtection from Maple Grove Reservoir Dam during storms of 100-year frequency or less. 40 I FABlUDAM 2. The l-laple Grove R~servoir Dam and Seillway Project shall include the construction of one thirty (30') foot fabridam to be m~ned by CONSOLIDATED MUTUAL \•lATER COI·lPANY and one forty ( 4 0 ') foot fabridam to be 01med by DISTRICT, including all design and other necessary work for such construction. The object and purpose of .such construction shall be to reduce the ma.xi111um spill1~ay outflo1~ for the 100-year storm to approximately 1,700 cfs. Such outflow will be further reduced, if reasonably possible, during the final design phase. ALLOCATION OF COST: 3. LAKEI·IOOD, 1-l!IEJ\T RIDGE and JEFFEHSON shall grant, contri- bute, and p~y over to the DISTR I CT for the purrosc set forth obove, respective amounts not to exceed the following: Pi1rty Allocation Maximum Contributio•• Lt~kcwood 12-1/2% 0,250 \~heot Ridge; ·' 18-3/4% 12,375 Jefferson 18-3/4% 12,375 -2- The DISTRICT shall, in uddi tion to completing the project se.t forth above, contribute fifty (SO%) per cen~ of the total cost not to exceed Thirty-three Thous.and ($33,000.00) Dollars. REPLACEMENT FUND: 4·. Ll\.KEIVOOD, IVJIEJ\T RIDGE and JEFFERSON shall grnnt, contri- bute, and pay over to DISTRICT on an annual basis for the purpose of establishing a «Replacement Fund« for the eventual replacement of the 40 foot fabridam and appurtenances ~1ich are to be owned by DJSTRICT, the following respective amounts: Allocation J\nnual Contribution $ 665 Party Lilkewood ~fueat Ridge Jefferson 99 7. 50 997.50 $2,660.00 DIS'l.'RICT shall contribute fifty (50%) per cent of the annual 12-1/2% 18-3/4% 18-3/H Replacement Fund cost. DISTRICT's annual contribution for this pur- pose shull be T~1o Thousand Six Hundred and Sixty ($2,660.00) Dollars. The funds thus collected by DISTRICT shall be held in the Replacement Fund established by DISTRICT and shall be used solely and exclusively for the purpose of replacing and/or modifying the 40 foot fabridam to be owned by DISTRICT. DISTRICT shall request the respective shares for a calendar year from LAKEI~OOD, 1•/llEJ\'r JUDGE and JEFFEHSON annually no later than 11arch 1 of that calendar year. Such request shall be accompanied by an account i ng of the funds held in the fund. Any and all interest earned by the Replacement Fund shall rem.1in in the Fund and be used for the exclusive purposes as set forth above. LJ\KEI·lOOD, WIEJ\T RIDGE and JE,•'FERSON shall remit to DISTRICT within 60 days of DISTRICT's request their respective shares as defined above. NJ\INTENJ\NCE: 5. LAKEIWOD, WIEJ\T RIDGE and JEFFI.::R.SON ~hall grant, contri- bute, ilnd pay over to DlSTlUCT, on <1n annual basis, their respective shares ·of maintenance co5t,s of the <10 foot fubridam and apput:l:cnances for cnch calcnd~r year the 40 foot fnbridam is owned and operated by DIS'l'IUC'r. The <~nnu<ll maintcnnncc costs i'lre estimated to be upproxi- miltcly $500.00 per year as is set fot:th in EXI!JIH'l' "/\". DJ.S'J'HlCT -3- r .· ·. ·: ·. shall request reimbursement by March 1 for actual maintenance costs paid by DISTRICT to the CONSOLIDATED MUTUAL WATER COMPANY pursuant to EXIIIDIT "A" attached hereto. LAI<EWOOD, ~~IIEA'f RIDGE and JEFFI>RSON are responsible for the following portions of annual . m,intenance costs: Part;y: Allocation Estimated Annual Contribution Lakei,OOd 25% $125.00 Nheat Ridge 37-1/2% 187.50 ~f 37-1/2% 1!.17. 50 d ~ 1 .o c-l"tk D $500.00 rnuofZ Jefferson CONSTRUCTION: 6. Ll\.KEI·IOOD, I~HEAT RIDGE and JEFFERSON shall be commit ted to payment of their respective shares as set forth in this Agree- ment to the DISTRICT upon execution of this Agreement. Actual payment shall be made to the DISTRICT upon request of the DISTRICT, but no sooner than the awarding of a firm contract for the comple- tion of t~e previously described project. The DISTRICT agrees to submit a final report to LAKEWOOD, ~nJEAT RIDGE and JEFFERSON upon the completion of said same project Hhich shall summarize the improvements actually made. 7. It is mutually agreed by the Parties hereto that this Agreement shall also constitute notice to any and all parties that the DIS'fRICT, l'll!EAT RIDGE, LAKEI-JOOD ~md JEPFERSON COUNTY, or any officer, agent, or employee thereof, shall not be liable for any flood damage that may result from reliance on the tarms and condi- tions of this Agreement. IN WITNESS \•111ElU:OP, Agreement this 1 L} -f~ {SJ ·;/,L) the Parties hereto have executed this day of ~~ 1976. 'l'IIE URI3AN DHliiNliGE liND FLOOD CONTROL DISTRICT . :.: ·· . .. l. .. . ... ·. (SEAL) IITTES'.L': c . ~. /, J.f.. .... -. ~ •. ( SEJ\L) A1'TEST: (S£1\L) 1\T'l'EST: .,, /j . ,J /.1 / . :; JEFFERSON COUNTY, COLORADO By ~ .-.~-· '•' '><:. !f.~T ...... 1 . I · Chair1nan, Titl~ Board of County Commissioners Date June 22, 1976 /,~ •. I .. .c; . ~ TH.E CITY OF LJ\KENOOD, COLORADO ::tlo= Date J/;-!/16 .,.-- By __ ~~--~··....:....· ~·"~"·.&....j~·:=..d.~t;L.:.:t.~ ... ··,.,.__ __ _ Mayor Title. __ ~CAit~y~g~r~Wh~e~aut~R~idwQ~e~---------- Date June 30, 1976 -5- ·. .1\PP lmVED .1\S TO FOnM; 7~.1'~··n t....:t.l.:.~ ~iJnp_Y for URBAN,.,DRJ\I.NAG.E 1\l'lO F:LOOO CONTROL DIS'l'RlCT COUNTY 1\'l"l'()nNl~Y 1 S OF1~ICE -ti- .. ~ ', .. ~ .-City of • ?WheatRi_dge ITEMNO:l DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINT ELECTED OFFICIALS TO OUTSIDE AGENCIES D PUBLIC HEARING 1:8) BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES Vacancies exist on various Outside Agency Committees due to the 2013 Election. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: City representatives are appointed to the various agencies at a regular City Council Meeting by motion. RECOMMENDATIONS: Per Mayor Jay the following vacancies will be appointed: Colorado Municipal League , Policy Committee Member -Council Member Bud Starker, with Council Member Zachary Urban appointed as alternate DRCOG , Council Representative-Mayor Joyce Jay , with Council Member Bud Starker appointed as alternate Council Action Form January 13 ,2014 Page 2 Community Development Advisory Committee -City staff member Sally Payne, with Council Member Bud Starker as alternate Jefferson Economic Council Member-Council Member Bud Starker Jefferson County Transportation Action and Advocacy Group -Council Member George Pond Police Seizure Fund -Mayor Joyce Jay Applewood Business Association/West Chamber -Council Member Genevieve Wooden Jefferson County School Liaison-Council Member Genevieve Wooden Wheat Ridge Business District -Mayor Joyce Jay and Council Member Tim Fitzgerald RECOMMENDED MOTIONS: "I move to appoint Council Member Bud Starker to the Colorado Municipal League, Policy Committee Member, with Council Member Zachary Urban appointed as alternate. I move to appoint Mayor Joyce Jay to DRCOG, Council Representative, with Council Member Bud Starker as alternate. I move to appoint staff member Sally Payne to the Community Development Advisory Committee with Council Member George Pond as alternate. I move to appoint Council Member Bud Starker to Jefferson Economic Council. I move to appoint George Pond to the Jefferson County Transportation Action and Advocacy Group. I move to appoint Mayor Joyce Jay to the Police Seizure Fund. I move to appoint Council Member Genevieve Wooden to the Applewood Business Association!W est Chamber. I move to appoint Council Member Genevieve Wooden as the Jefferson County School Liaison. 1 move to appoint Mayor Joyce Jay and Council Member Tim Fitzgerald to the Wheat Ridge Business District." Or Council Action Form January 13 ,2014 Page 3 "I move to deny the appointment of ____________ for the following reason(s) _________________ " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENT: 1. Special Committees/Council Appointments List effective January 13, 2014 SPECIAL COMMITTEES/COUNCIL APPOINTMENTS CITY OF WHEAT RIDGE UPDATED JANUARY 13,2014 BOARDS AND COMMISSIONS AUTHORIZED BY SECTION 2-15 THROUGH 2-26 OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE POLICE PENSION FUND BOARD OF TRUSTEES Joyce Jay Mayor 303-235-2800 Janelle Shaver City Clerk 303-235-2823 Larry Schulz Treasurer 303-235-2810 COLORADO MUNICIPAL LEAGUE (CML) Council Member Council Member Alternate DRCOG Joyce Jay Mayor William "Bud" Starker Council Member Alternate JEFFERSON COUNTY COMMUNITY CORRECTIONS BOARD I Janelle Shaver I City Clerk COMMUNITY DEVELOPMENT ADVISORY COMMITTEE JEFFERSON ECONOMIC COUNCIL I William "Bud" Starker I Council Member JEFFCO TRANSPORTATION ACTION AND ADVOCACY GROUP I George Pond I Council Member POLICE SEIZURE FUND I Joyce Jay I Mayor/Council Member I HOUSING AUTHORITY I Tracy Langworthy I Council Member Attachment 1 RENEWAL WHEAT RIDGE I Kristi Davis I Council Member APPLEWOOD BUSINESS ASSOC/WEST CHAMBER I Genevieve Wooden I Council Member JEFFERSON COUNTY SCHOOL LIAISON I Genevieve Wooden I Council Member WHEAT RIDGE BUSINESS DISTRICT Joyce Jay I Mayor I Tim Fitzgerald I Council Member I ~ "~ ..... _ ,. City of • :P'WheatRi_dge ITEM NO:~ DATE: January 13 ,2014 REQUEST FOR CITY COUNCIL ACTION t)~~ TITLE: MOTION TO RATIFY THE MAYORAL APPOINTMENT OF CHAD HARR TO THE WHEAT RIDGE HOUSING AUTHORITY 0 PUBLIC HEARING (gJ BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: D ORDINANCES FOR 1ST READING D ORDINANCES FOR 2 DREADING D YES City Manager Zachary Urban has served on the Housing Authority representing District II since 2013. When Mr. Urban was elected to City Council his seat was vacated on the Housing Authority. Mr. Urban's current term expires March 2 , 2014 . One application was received for the vacant position and that applicant is Chad Harr, resident of District II. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Members of the Housing Authority are appointed by the Mayor and ratified by City Council. RECOMMENDATIONS: Mayor Jay is recommending that Chad Harr be appointed to the Housing Authority representing District II. Council Action Form January 13 ,2014 Page2 RECOMMENDED MOTION: "I move to ratify the District II Mayoral appointment of Chad Harr to the Housing Authority, tem1 to expire March 2, 2014." Or "I move to table indefinitely the appointment of Chad Harr to the Housing Authority for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk ATTACHMENTS: 1. Application -Chad Harr ' : ity 0 JP'Wh a Board and Co~missio DT:Jt~C,-/2 Dl TRJ HOWLO GR 0 BEE ARE JD OF WHEAT RIDG : _/ 0 J~M S ARE YOU A REGJ TERED VOTER? ____ )'_IZ_S_ WHY RE 0 EE G TH1 APPO,.., ... ,..... .... to,..J"W"? iJ..JUftJI;'J f f!)f- 111A.ft4 ),fy. AN¥? 10 Co,vh'Nv(£ Mv zf{.&llid ro rtf& C / · ~() l?e vi trt c;.u~-ht~.,u t? r-Ne!f71r1 <J/f llr3a o s , DO · EEXP C ~ A? -::c ~A/ A-N &I'Vv //) ~ Mc.A/ M t.... tli~"'iP.--s,"t""'y~,v-:--::Cd,~wt.~~,.,..,...wo:-.y~r I III"Jvc 1/lSo· tZt::.sl-g.A,.£0 f!l'o 9o+ }'£A& oW ibM/if?· .k t/l'tv£. tU:JI"lJ:=.t.:::o "#\/ rHG CcN frt,_.c;../-;wt:, }~~l.-1.?. 0 VER R ED,ORA.Itt YO C L 0 RD J 0 Ml I I 0 TIEE D IF HJ R 0 ? DO ........ ,.~? PRI T YCO FUCT WHI A TTE DE CE OR DUT c WITH ADDR _ _ 7190 vU '18 tH lfl{lt!.. ? -C,S(Cj-5? yg' PHO £, ____________________________ _, Attachment 1 ~~·~ .. ~ ~ City of • JP'"WheatRl_dge ITEM NO:~ DATE: January 13 , 2014 REQUEST FOR CITY COUNCIL ACTION ~-~ TITLE: MOTION TO RATIFY MAYORAL APPOINTMENT OF TRACY LANGWORTHY TO THE WHEAT RIDGE HOUSING AUTHORITY 0 PUBLIC HEARING [gl BIDS/MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: City Clerk ISSUE: 0 ORDINANCES FOR 1sT READING 0 ORDINANCES FOR 2ND READING 0 YES There is a vacancy on the Housing Authority representing City Council. Mayor Jay has asked that Tracy Langworthy be appointed to this position. PRIOR ACTION: None FINANCIAL IMPACT: None BACKGROUND: Members of the Housing Authority are appointed by the Mayor and ratified by City Council. Applications were received from Tracy Langworthy and Jerry DiTullio. RECOMMENDATIONS: Mayor Jay is recommending that Council Member Langworthy be appointed to the Housing Authority , term expiring March 2, 2016. RECOMMENDED MOTION: "I move to ratify the Council Member Mayoral appointment of Tracy Langworthy to the Wheat Ridge Housing Authority, term to expire March 2 , 2016 ." Council Action Form January 13,2014 Page2 Or "I move to postpone indefinitely the appointment of Tracy Langworthy to the Housing Authority for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Tracy Langworthy Application 2. Jerry DiTullio Application ·~ ..-City of r WlieatRi_dge Board and Commission Application APPLICATION FOR APPOINTMENT TO THE: Wheat Ridge Housing Authority-Council Appointment (Board/Commission/Committee) DATE: 12/11/13 DISTRICT: IV ---------------- HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 14 ARE YOU A REGISTERED VOTER?_Y_e_s ______ _ WHY ARE YOU SEEKING TIDS APPOINTMENT? _______ _ See attached 2nd page DO YOU HAVE EXPERIENCE IN THIS AREA? _____________ _ See attached 2nd page HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WIDCH ONE? HOW LONG? Cultural Commission-two years and the Budget Advisory Board-one year ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDENCE OR DUTIES?_No _________ _ SIGNATURE __________________ _ PRINT NAME Tracy Langworthy ADDREss 10945 W 44th Ave HOME PHONE 720-364-0358 BUSINESS PHONE 303-238-1332 E-MAIL ADDRESS davidg0 126@peoplepc. COm APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR City Clerk's Office, 7500 W. 29 16 Ave., Wheat Ridge CO 80033 Attachment 1 Why are you seeking this appointment? I am seeking this appointment because I have a passion for helping those citizens in our community that can use some assistance. I am on the Wheat Ridge Feed the Future Board to help those students that wouldn 't have a meal over the weekend . I am on the Wheat Ridge Optimist Board so I can help serve those people in our community with needs. I help organize the meals that we prepare at the Ronald McDonald House and other events . Do you have experience in this area? My experience in this area is my field of knowledge in Accounting. It takes many different types of people to help run the Boards and Commission appoints. My strength with finances will be a benefit especially with regards to using the available funds for the best possible outcome . I also bring to the table a strong ability to listen to what others have to say, weigh their knowledge with the facts and work towards a reasonable conclusion. I will also questions when items are brought up that I might not be as knowledgeable about. I have been brought up to date with what is going on currently with the Board . Board & Commi sion Application City of Whe t Ridge P, EASE APPLY ONLY FOR ONE BOABD OB COMMISSION APPLICATION FOR APPOINTMENT TO THE : O.ISTRICT .. __ 1...__ ____ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE : 30+ YUrt ARE YOU A REGISTERED VOTER?_Y;:.;;E::o:~S~-- 00 YOU 'HAVE EXPERIENCE IN THIS AREA? __ VE::.=.:S.__ ______ _ HAVE YOU EVER SERVED. OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? YES-A-C r R ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES?_..:.NO=-------::::--------- SIG TURE * t2:zi?d..· PLEASE PRINT OR TYPE NAME :._.-~J=:.:e.:.:.rrv ... ·.:D=.=IT.:u::..:DI.:.o ________ _ ADDRESS : 3250 N nd t.. Whyt Bielat. CO 10033 HOME PHONE : On file BUSINESS PHONE :_--=O~n.:.:.file~--------------- E-~LADORESS :. ____ ~O~n~fi·~--------------------------- FORONEY Attachment 2