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HomeMy WebLinkAboutCity Council Agenda Packet 08/12/20136 :45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING August12,2013 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 m participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF July 22,2013 PROCLAMATIONS AND CEREMONIES Police Department Citizen Award Presentation -Ron Kiefel 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 . PUBLIC INPUT ON THE 2014 BUDGET APPROVALOFAGENDA PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .L Council Bill N o. 11-2013 -amending Sections 4-1 , 4-8 and 4 -3 1 of the Wheat Ridge Municipal Code concern ing the licensing of dogs and cats 2 . Council Bill No . 10-2013-adopting by reference the 2011 Edition of the National Electrical Code, providing penalties f or violations thereof and amending portions of Chapter 5 of the Wheat Ridge Code of Laws co ncern ing Electrical Inspections CITY COUNCIL AGENDA: August 12, 2013 Page -2- ORDINANCES ON FIRST READING ~ Council Bill 12-2013-An Ordinance submitting a ballot question to the voters of the City at the November 5 , 2013 Election , concerning an increase in the Sales and Use Tax Rate . DECISIONS, RESOLUTIONS AND MOTIONS 4 . Motion to approve the award of RFP-13-11 to RMC Consultants Incorporated for Environmental Consulting Services related to an EPA Brownfields Assessment Grant for a Not-to-Exceed amount of $280,000 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MA TIERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING July 22, 2013 Mayor DiTullio called the Regular City Council Meeting to order at 7 :00 p .m. ROLL CALL OF MEMBERS Joyce Jay Davis Reinhart Joseph DeMott Tracy Langworthy Absent: Mike Stites, Kristi Davis Bud Starker George Pond Also present: City Clerk, Janelle Shaver; City Treasurer, Larry Schulz ; City Attorney, Gerald Dahl; City Manager Patrick Goff; Police Chief Dan Brennan; Administrative Services Director, Heather Geyer; Community Development Director, Ken Johnstone; Commander Joe Cassa; other staff, guests and interested citizens. APPROVAL OF MINUTES OF July 8, 2013 Motion by Councilmember Starker for approval of the Minutes of July 8, 2013; seconded by Councilmember Pond ; carried 6-0. PROCLAMATIONS AND CEREMONIES Mayor DiTullio read and handed out the following proclamations: Parks & Recreation Month Proclamation Parks Director Joyce Manwaring, staff member Julie Brisson and Parks Commissioner Christine Taraskiewicz were on hand to receive the proclamation designating July as Parks & Recreation Month. Christine thanked the City for the Anderson Pool that she frequents regularly, and for maintaining the trails. Joyce thanked the City Council, other departments in the City that support the Parks Department, and the Parks staff for the opportunity to provide services in the field of parks and recreation. Mayor DiTullio thanked the Parks Commission and all of the Parks Department, top to bottom, for all the work they do keep our parks nice . National Night out Proclamation Chief Brennan received the proclamation designating August 6 as National Night Out and spoke on behalf of the Police Department for their efforts to lower the crime rate . City Council Minutes July 22, 2013 Page2 Our crime prevention unit has had some good successes, but we aren't crime free . He invited folks to come for National Night Out at the park at the Rec Center. They will have lots of things designed for kids. There will be good information on a wide range of things -everything from making your car and home safe to emergency management ideas , lots of giveaways, and tips and tools. It's always a lot of fun. And for the right price you can dunk the Police Chief in the dunk tank! The Chief also said he is proud to be the police chief in Wheat Ridge because of the sense of partnership his department has with businesses, the hospital, elected officials and the office of the Mayor in terms of getting information out to people about how to be good neighbors, how to make the community safer, how to do the right thing . He knows that not all police chiefs have the leve l of trust that he and his department feel for the support of their efforts to make a safer community . CITIZENS' RIGHT TO SPEAK No one was present to speak . APPROVAL OF AGENDA 1. CONSENT AGENDA a . Resolution No . 25-2013 -approving a lease agreement with Jefferson County for the purpose of managing certain real property for recreational gold panning (This lease w ill all ow the C ity to manage gold panning (i.e . prohibit destructive operations) a long Clear Creek, west of 1-70.) b . Resolution No . 27 -2013 -approving an Intergovernmental Agreement between the cities of Arvada, Golden , Lakewood , Wheat Ridge and the County of Jefferson to establish the Jefferson County Regional Crime Laboratory (This reg ional lab will provide swifter service in processing forensic evidence .) c. Motion to approve the second amendment to the Site Lease Agreement with New Singular Wireless PCS , LLC , for a five-year extension (The City will receive $25,000/year in rent for tower space unti l 2019 , with a 4% increase annually .) 9.:, Motion to approve payment to Gordon Sign , Denver, Colorado, in the amount of $102 ,945 for construction and installation of park signs (For eighteen park signs) e. Resolution No. 28-2013-amending the Fisca l Year 2013 General Fund Budget to approve a supplemental budget appropriation in the amount of $5,900 to remit to Rainguet and Associates , LLC for the design and administration of a Promotiona l Assessment Process City Council Minutes July 22, 2013 Page 3 (These funds are for the promotional assessment process for filling two vacant police sergeant positions that were not anticipated for this year's budget.) f:. Resolution No. 26-2013 -approving a Collaborative Lumen Trial Agreement between the City of Wheat Ridge, Colorado and the Numerica Corporation for the development of a Crime Analysis Software System (Pilot project with Arvada and Lakewood in developing a sophisticated crime analysis software system. No cost to the City.) Councilmember Pond introduced and read the Consent Agenda. Councilmember Starker and Jay pulled Items 1a and 1e. Motion by Councilmember Pond to approve consent agenda items 1(b), 1(c), 1(d), and 1 (f); seconded by Mr. DeMott; carried 6-0 Item 1 (a) Regarding the lease of Clear Creek land from the County, Mr. Starker asked for clarification on the language about indemnification and release in paragraph 6. Mr. Dahl agreed that indemnification provisions survive the termination of the lease and it appears the limiting language was inadvertently omitted from paragraph 6. The appropriate language does appear in paragraph 7. He suggested taking a motion to approve the lease, with the addition of language to paragraph 6 that it similar to the language in paragraph 7, line 7, "during the term of this Lease". Motion by Mr. Starker to approve Resolution No. 25-2013, a resolution approving a lease agreement with Jefferson County for the purpose of managing certain real property for recreational gold panning, with the provision that the words "during the term of this Lease" be added to paragraph 6, page 4; seconded by Mr. DeMott; carried 6-0. Item 1 (e) Mrs. Jay asked if Chief Brennan could explain why we are using an outside source rather than our own personnel for this promotional process. Chief Brennan explained that the promotional process requires a good bit of knowledge about employment law. He doesn't know of a law enforcement agency that doesn't outsource this process, and we don't have the staff to do the in-depth analysis that's required. We want to be as fair and objective as possible by removing the risk of partiality. The bids ranged from $3,500 to $25,000 to run a 1 - 1 %day assessment center for 6-8 candidates, and while $5,900 might cause some angst, in the long run it keeps us out of legal predicaments if the validity of the testing is challenged. City Council Minutes July 22, 2013 Page4 Mr. Goff noted that the resolution was missing the specific phrase "and amending the revenues accordingly." He asked that the motion provide for the addition of those words at the end of Section A. Motion by Mrs. Jay to approve Resolution No. 26-2013, a resolution amending the fiscal year 2013 general fund budget to approve a supplemental budget appropriation in the amount of $5,900 to remit to Rainguet and Associates, LLC for the design and administration of a promotional assessment process, with the addition of the words "and amending the revenues accordingly" at the end of Section A; seconded by Mr. Reinhart; carried 6-0. ORDINANCES ON FIRST READING £. Council Bill No . 11-2013 -amending Sections 4-1, 4-8 and 4-31 of the Wheat Ridge Municipal Code concerning the licensing of dogs and cats Councilmember DeMott introduced Council Bill 11-2013. To comply with our 2012 Intergovernmental Agreement (IGA) with Jefferson County for operation of Foothills Animal Shelter this ordinance amends pertinent sections of the City Code to (1) delegate the authority to issue dog licenses to a common licensing administrator; and (2) adopt dog licensing requirements that are consistent with the County's dog licensing requirements. Motion by Councilmember DeMott to approve Council Bill No . 11-2013, an ordinance amending Sections 4-1, 4-8 and 4-31 of the Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats, on first reading, order it published, public hearing set for Monday, August 12, 2013 at 7:00 p.m. in City Council Chambers, and that it take effect 15 days after final publication; seconded by Councilmember Starker; carried 6-0. ~ Council Bill No. 10-2013 -adopting by reference the 2011 edition of the National Electrical Code (NEC), providing penalties for violations thereof and amending portions of Chapter 5 of the Wheat Ridge Code of Laws concerning Electrical Inspections Councilmember Starker introduced Council Bill 10-2013. This ordinance adopts the 2011 NEC to bring the City's electrical system requirements and regulations closer to uniformity with the state and other jurisdictions that have adopted the most-recent edition of the NEC. The ordinance also consolidates all Code provisions concerning electrical requirements (substantive requirements, inspection requirements and the authorization of fees) into Code Section 5-77 . Currently, such requirements are located throughout Chapter 5 of the Code, in Sections 5-56 through 5-75 and 5-77. City Council Minutes July 22, 2013 Page 5 Motion by Councilmember Starker to approve Council Bill No. 10-2013, an ordinance adopting by reference the 2011 edition of the National Electrical Code, providing penalties for violations thereof and amending portions of Chapter 5 of the Wheat Ridge Code of Laws concerning electrical inspections, on first reading, order it published, set the public hearing for Monday, August 12, 2013 at 7 p.m. in the City Hall Council Chambers, and that it take effect November 1, 2013; seconded by Councilmember Pond; carried 6-0. DECISIONS, RESOLUTIONS AND MOTIONS 4 . Motion to accept the 2012 Comprehensive Annual Financial Report (CAFR) from Swanhorst & Company, LLC Councilmember Langworthy introduced Agenda Item #4. The CPA firm of Swanhorst & Company performed the independent audit of the City's financial statements for the year ending December 31, 2012 that is required by Charter. The following conclusions were reported: • No transactions found that were both significant and unusual under professional standards, or transactions that lacked authoritative guidance or consensus; • Key factors and assumptions used to develop financial estimates are determined to be reasonable; • Management has determined that a significant adjustment to the Wheat Ridge Urban Renewal Authority's accounts records should be made to report the land held for resale at estimated market value; • No disagreements with City management during the course of the audit; and • No significant difficulties were encountered while performing the audit. Wendy Swanhorst was present and spoke briefly. She informed Council that the City's financial controls and accounting records are in good condition. Other than a few minor recommendations, the controls are good. Mrs. Langworthy made a clarification about journal entries under "Internal Controls". - Mr. Reinhart asked why the change in the Urban Renewal Authority's statement of values is in the City's audit. Ms. Swanhorst explained that adjustment was made last year, and while legally Urban Renewal's assets and debts are not the City's, from an accounting perspective they are. It's included because it's an accounting requirement. Motion by Councilmember Langworthy to accept the 2012 Comprehensive Annual Financial Report from Swanhorst & Company, LLC; seconded by Councilmember Reinhart; carried 6-0. City Council Minutes July 22, 2013 Page 6 CITY MANAGER'S MATTERS Mr. Goff referenced the 2013 Edward Byrne Memorial JAG grant (federal) of $15,422 the City has received. Chief Brennan explained the specific uses of the grant money as outlined in the provided memo: 1) $7 ,000 for night vision for the SWAT team, 2) $250 for a digital camera for the Public Information Officer, and 3) $8,172 for the East Wheat Ridge Community Policing Project, including another series of community meetings . CITY ATTORNEY'S MATTERS CITY CLERK'S MATTERS Clerk Shaver reminded everyone that election season is upon us . Some candidates have already come in to fill out paperwork. She reminded those candidates who have already filed, and those who may become candidates, that if they receive money for their campaign they have 10 days to come in and register their campaign organization . She also announced that Tuesday, August 6 is the first day to come in and pick up nomination petitions. Candidates have 20 days to get signatures and must turn them in by August 26. She recommended turning petitions in a few days early in case some of their signatures are not good and have to be cured. The time is very short to get the names of qualified candidates to the County to be placed on the ballot, so it is in a candidate's best interest to make sure his/her petition is sufficient and in on time. ELECTED OFFICIALS' MATTERS Bud Starker thanked those who attended the Feed the Future event. It was a nice event and successful in raising money for a good cause. Tracy Langworthy thanked Mr. Starker for hosting the event. Everyone had a good time. A lovely duet sang and there were great door prizes. George Pond reminded folks of the District 3 & 4 Town Hall Meeting next Monday, July 29, at the Rec Center at 6:30PM. Discussion will include the budget, revenue issues and other hot topics. He encouraged people to come. Joyce Jay said she found out the Feed the Future fundraiser raised close to $4,000. Over 100 people showed up. She thanked the Wheat Ridge Business Association for putting it on-specifically Mandy Fulton, Cheryl Brungardt, and Loretta DiTirro. Mayor DiTullio asked Mr. Goff if we could have our economic developer talk to the owner of the Taste of Home Cooking about the ESTIP program.-Mr. Goff said they City Council Minutes July 22, 2013 Page 7 have reached out to them several times about incentives . -Mr. DeMott said he's been in the building; they've put a ton of money into the project and have had to push the opening back twice . They hope to open in August. He relayed that the owner doesn't understand how the program works . It is late in the process , so Council would have to consider it. -The Mayor's said it's another one of those projects where people are upgrading old buildings and it becomes very expensive . His concern is whether Council has any problem with economic development talking to the owner at this point. -Mr. Reinhart spoke in support of it. Mr. Goff said they would reach out again . -The Mayor also thanked West 29th for hosting the Backpack Fundraiser. Meeting adjourned at 7 :52 pm . APPROVED BY CITY COUNCIL ON August 12, 2013 BY A VOTE OF __ to __ Davis Reinhart , Mayor pro tem 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 • ?WheatR!9ge ITEM NO: I, DATE: August 12,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 11-2013 AN ORDINANCE AMENDING SECTIONS 4-1, 4-8 AND 4-31 OF THE WHEAT RIDGE MUNICIPAL CODE CONCERNING THE LICENSING OF DOGS AND CATS 0 PUBLIC HEARING D BIDS /MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (07/22/2013) ~ ORDINANCES FOR 2ND READING (08/12/2013) QUASI-JUDICIAL: D YES c /J:::fc~ ISSUE: Pursuant to a 2012 Intergovemmental Agreement (IGA), the City partnered with Jefferson County and other area municipalities to fund and operate the Foothills Animal Shelter as a centralized animal shelter resource for the region. The IGA requires each party to: (1) delegate its authority to issue dog licenses to a common licensing administrator; and (2) adopt dog licensing requirements that are consistent with the County's dog licensing requirements. This Ordinance amends the pertinent sections of the City Code to comply with these two IGA requirements. PRIOR ACTION: This ordinance was reviewed and recommended for approval by the Animal Welfare and Control Commission (A WCC) on July 1, 2013. FINANCIAL IMPACT: There is no projected financial impact to the City. The County already administers the dog licensing program. Amending Dog and Cat Licensing Code Au gust 12, 20 13 Page 2 BACKGROUND: In August of2012 , the City entered into an IGA with Arvada, Lakewood , Golden , Edgewater, Westminster and Jefferson County (the "County"), concerning the funding and operation of the Foothills Animal Shelter (the "Shelter"). Under th.e tenns of the Agreement, each party agreed to delegate its authority to issue dog licenses and to collect license fees to be used to fund the Shelter, to a common licensing authority. That common licensing authority is currently Jefferson County, although it could become another entity in the future. In the interest of pro viding the licensing authority with one licensing procedure to implement, the IGA further requires that each party adopt dog licensing requirements that are consistent with the County 's requirements. The County recently undertook a review and amendment of its Animal Control Regulation Policy, known as Regulatory Policy 3.5.1 (Part 3 Regulations , Chapter 5 Animals , Section 1 Animal Control ). As a part of that process , the County reviewed the dog licen s ing ordinances of the parties to the IGA and made re commendations. Thi s Ordinance reflects the recommendations of the County, as reviewed by both City staff and the A WCC, to make the following changes to the City Code : 1) Amend all references from "Jefferson County" to the "Licensing Administrator," defined as the person or entity delegated the authority to issue dog licenses and collect fees ; 2) Delete the reference to the cat vaccination requirement being triggered by the appearance of the eat 's first permanent teeth , a s this method ofverification should only be conducted by a licensed veterinarian ; 3) Amend the age at which dog vaccination and licensing is required from six months to four months , making this requirement consistent with the current recommendations of federal , state and county agencies ; and 4) Delete references to "a current U.S.D .A. licensed rabies vaccine", as it is mmecessary; licensed v eterinarians will only use licensed vaccines. RECOMMENDATIONS: Staff recommends approving the ordinance as presented , on second reading. RECOMMENDED MOTION: "I move to approve Council Bill No. 11-2013 , an ordinance amending Sections 4-1 , 4-8 and 4-31 of the Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats , on second reading and that it take effect 15 days after final publication. Or, Amending Dog and Cat Licensing Code August 12 , 2013 Page 3 "I move to postpone indefinitely Council Bill No. 11-2013 , an ordinance amending Sections 4-1 , 4-8 and 4-31 of the Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats, for the following reason(s) " REPORT PREPARED BY; Carmen Beery, City Attorney's Office Mary McKenna, Police Community Services Team Supervisor Daniel Bre1man , Chief of Police Patrick Goff, City Manager ATTACHMENTS: 1. Ordinance Amending the Licensing of Dogs and Cats 2. StaffRepott from July 15 ,2013 3. 2012 IGA Concerning the Licensing of Dogs and Cats CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER DeMott Council Bill No.1! Ordinance No. ___ _ Series of 2013 TITLE: AN ORDINANCE AMENDING SECTIONS 4-1, 4-8 AND 4-31 OF THE WHEAT RIDGE MUNICIPAL CODE CONCERNING THE LICENSING OF DOGS AND CATS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to its home rule authority and C.R.S. § 31-15-401(1)(m), the City, acting through its City Council (the "Council"), is authorized to regulate the keeping of animals within the City; and WHEREAS, pursuant to this authority, the Council has adopted regulations concerning the mandatory licensing of dogs within the City, codified in Chapter 4 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS, by an Intergovernmental Agreement dated August 15,2012, the City agreed to cooperate with the cities of Arvada, Lakewood, Golden, Edgewater, and Westminster and with Jefferson County (the "County") to fund and operate a centralized animal shelter, known as the Foothills Animal Shelter (the "Shelter"), for the use and benefit of all parties to the agreement (the "Intergovernmental Agreement"); and WHEREAS, under the terms of the Intergovernmental Agreement, each party delegated its authority to issue dog licenses and to collect license fees, to be used to fund the Shelter, to a common licensing authority, currently the County; and WHEREAS, the Intergovernmental Agreement further requires each party to adopt dog licensing requirements that are consistent with the County ordinance concerning the licensing of dogs; and WHEREAS, the County is in the process of updating and amending its Animal Control Regulation Policy, known as Regulatory Policy 3.5.1 (Part 3 Regulations, Chapter 5 Animals, Section 1 Animal Control); and WHEREAS, the Council finds and determines that certain amendments to the Code are necessary to render the City's dog licensing program consistent with the new County regulations concerning the same, as required by the Intergovernmental Agreement. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Attachment 1 Section 1. Section 4-1 of the Wheat Ridge Code of Laws , establishing defined terms for purposes of Chapter 4 of the Code , is hereby amended by the addition of the following new defined term, to be inserted alphabetically into the list of terms , as follows: Licensing Administrator means the person or entity delegated the authority by the City from time to time to issue dog licenses and collect fees for such licenses. Section 2. Paragraph 4-8(c)(4) of the Wheat Ridge Code of Laws , concerning off-leash dog park rules and regulations , is hereby amended as follows: (4) All dogs belonging to city residents must display a current Jefferson County dog license ISSUED BY THE LICENSING ADMINISTRATOR as required by section 4- 31 (c). Section 3. Paragraph 4-8(c)(1 0) of the Wheat Ridge Code of Laws , concerning off-leash dog park rules and regulations , is hereby amended as follows: (1 0) The following dogs are not permitted within off-leash dog parks : a. Aggressive dogs, as defined by section 4-1 . b. Female dogs in heat. c. Dogs without a current rabies tag affixed to the collar or without a current Jefferson County dog license ISSUED BY THE LICENSING ADMINISTRATOR , as applicable. d . Dogs under the age of four (4) months. e . Dogs exhibiting visible signs of illness or known by the owner or handler to be ill. f . Dogs that do not respond to and obey their owners ' or handlers ' sight or voice commands. Section 4. Section 4-31 of the Wheat Ridge Code of Laws , concerning dog and cat licenses , is hereby amended as follows: Sec. 4-31. Dog and cat licenses. (a) Territorial application . The provisions of this section shall apply to all dogs and cats, and all owners of all dogs and cats present within the jurisdictional boundaries of the city regardless of whether the owner or keeper of the dog or cat resides within the city . (b) Violations and penalty. Any dog or cat owner who violates any of the provisions of this section shall be guilty of a misdemeanor and , upon conviction thereof, shall be subject to a fine of not more than one thousand dollars ($1 ,000.00). 2 (c) Required; described. A license is required for all dogs 9f AND cats in this city as follows: A valid cat license shall be a current Mile-Hi rabies tag and registration certificate. A valid dog license shall be a dog license issued by the LICENSING ADMINISTRATOR Jefferson County animal oontrol division or suoh other agent as may be designated by Jefferson County from time to time. A cat or dog owner may request an exemption to this requirement if, for medical reasons, his/her cat or dog cannot be vaccinated. In this event, a cat or dog owner must submit an affidavit from a licensed veterinarian stating the reasons why the cat or dog is unable to be vaccinated. (d) Wearing of tag; availability of certificate. A current and valid Mile-Hi rabies tag shall be worn on a collar or harness by the dog at all times, unless a current and valid tag from the LICENSING ADMINISTRATOR Jefferson County animal oontrol division, which requires proof of current rabies vaccination for its issuance, is worn on a collar or harness by the dog at all times. A current and valid registration certificate, as above- described, shall be kept in the possession of the owner of any dog or cat within the city, and such registration certificate or a copy of it shall be produced or producible by the owner as proof of current registration in the event of loss or the correspondingly numbered tag. (e) When to obtain license -Initially. A cat owner shall obtain a license as above-described for his cat within ten (1 0) days after the cat reaches four (4) months of age, or within ten (1 0) days after the oat's first permanent teeth appear, V<'hiohever somes first. A dog owner shall obtain a license as above-described for his dog on or before the date the dog reaches the age of FOUR (4) six (6) months, or within thirty days of acquisition of said dog, whichever occurs last. (f) Same-Renewal. The owner of any dog or cat shall have his dog or cat relicensed, as such licensing is required in subsection (c), above, annually. Such license shall be considered current for a twelve-month period from the date of issue. (g) Obtainment from licensed veterinarian. Mile-Hi rabies tags and registration certificates are only to be issued by and obtained from veterinarians currently licensed to practice veterinary medicine in the state after vaooination of the oat with a U.S. D./\. lioensed rabies vaooine. (h) New residents. New residents of the city may be issued a current Mile-Hi rabies tag and registration certificate for their cat OR DOG by a veterinarian licensed to practice in the state, upon proof of having had the cat OR DOG vaccinated for rabies by a licensed veterinarian with a ourrent U.S.D.A. lioensed rabies vaooine. (i) Nontransferability. No person shall affix to the collar or harness of any dog or cat, or permit to remain affixed, a tag evidencing licensing and vaccination except for the specific dog or cat for which the tag was assigned at the time the tag was issued. Section 5. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public 3 and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained . Section 6. Severability; Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections , subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Section 7. Effective Date. This Ordinance shall take effect 15 days after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 22nd day of July, 2013 , ordered published in full in a newspaper of general circulat ion in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 12 , 2013 , at 7:00 o 'clock p.m., in the Council Chambers , 7500 West 29th Avenue , Wheat Ridge , Colorado . READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2013. SIGNED by the Mayor on this ____ day of _________ , 2013 . Jerry DiTullio, Mayor ATIEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl , City Attorney 4 First Publication : July 25 , 2013 Second Publication: Wheat Ridge Transcript Effective Date: 5 ~~A~ ~ ~ r-City of • ... rur WheatRl_dge ~OLICE DEPARTMENT Memorandum TO: Mayor DiTullio and City Council THROUGH: Daniel Brennan , Chief of Police FROM: Mary McKenna, Community Services Team Supervisor DATE: July15,2013 SUBJECT: Ordinance Amending Subsection 4-1, 4-8 and 4-31 of the Wheat Ridge Municipal Code Concerning the Licensing of Dogs and Cats On August 15 ,2012 the City of Wheat Ridge entered into an Intergovernmental Agreement (IGA) concerning the funding of operations at the Foothills Animal Shelter. The City, along with the municipalities of Arvada, Lakewood , Golden , Edgewater, Westminster and Jefferson County, agreed to allocate revenue from the county-wide dog licensing program to fund the operations of the Foothills Animal Shelter. Under the tenns of the IGA, participating agencies agreed to a centralized administrator, which is currently Jefferson County, and to adopt the same requirements for licensing as the administrator. Jefferson County has recently amended its ordinance and policy pertaining to licensing, and has shifted the administrative duties from the County to the Foothills Animal Shelter. During this process, the County reviewed participating agencies' ordinances and made the recommendation that each participating agency remove all reference of, "Jefferson County" as the administrator, and replace it with a new definition of, "Licensing Administrator" in their ordinances. Therefore, staff is recommending the City amend Chapter 4-1 , to include the definition of, "Licensing Administrator", as well as amend Chapter 4-8 , to remove all reference of Jefferson County as the dog license administrator. Staff is also recommending the City amend Chapter 4-31 (e), requiring a dog owner to obtain a dog license at the age of six (6) months. To remain consistent with the county requirements , dog owners should be required to obtain a dog license at the age of four ( 4) months. Also in Chapter 4-31 (e), staff is recommending the removal of the information that refers to licensing of cats when a cat is at the age of four (4) months "by examining its mouth to identify the first adult teeth". Community Service Officers would rely on a licensed veterinarian to verify the age of a cat. There is no financial impact associated with these proposed changes. A draft of the proposed amendment of Chapter 4 is attached. Attachment 2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 39 Series of 2012 TITLE: A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN JEFFERSON COUNTY, THE CITY OF ARVADA, THE CITY OF LAKEWOOD, THE CITY OF WHEAT RIDGE, THE CITY OF GOLDEN, THE CITY OF WESTMINSTER AND THE CITY OF EDGEWATER ANIMAL SHELTER/DOG LICENSING /FUNDING WHEREAS, by Resolution 1567-1996, the City of Wheat Ridge (Wheat Ridge) entered into an Intergovernmental Agreement (IGA) that added Wheat Ridge as a party to the establishment and operation of the Table Mountain Animal Center (TMAC); and WHEREAS, by Resolution 17-2007 , Wheat Ridge entered into an IGA for the implementation of a Countywide Dog Licensing Program ; and WHEREAS, TMAC has since moved to a new location is operating under the name of Foothills Animal Shelter (the Shelter}; and WHEREAS, Wheat Ridge is currently assessed an annual fee to help cover the cost of the operations of the Shelter; and WHEREAS, revenues from the Dog Licensing Program are used to pay the debt service of the Shelter's new facility ; and WHEREAS , the revenue from the Dog Licensing Program exceeds the annual debt service requirements; and WHEREAS, the Parties to the IGA wish to better match the revenue streams to expenses by allocating the assessments to the annual debt service and allocating the Dog Licensing revenue to operations of the Shetter, and also take advantage of the increased revenue potential of the Dog Licensing Program to cover future operating costs of the Shelter. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A . The Intergovernmental Agreement Between Jefferson County, the City of Arvada , the City of Lakewood , the City of Wheat Ridge , the City of Golden , the City of Westminster and the City of Edgewater Animal Shelter/Dog Licensing/Funding attached to this Resolution as Exhibit A and incorporated herein by reference, is hereby approved . The Mayor and City Clerk are authorized and directed to execute the same. B. This Resolution shall be effective upon adoption . Attachment 3 DONE AND RESOLVED this 23rd day of July, 2 ATIEST: THI AGREEME IT, dated fo r reference purposes only this 15th da of AugusL 2012. is made and entered int o b) and berween the CO T OF JEFFER 0 , STATE OF OLORADO, a body politic and corporal (the •· ounty .. ); the CIT 0 AR ADA, a municipal corporation (''Arvada .. ); the ITY OF LAKEWOOD, a municipal corporation (''Lakewood .. ); the I Y OF WHEAT RJDG , a municipal corporation ("Wheat Ridge'); and the CITY OF GOLDEN, a municipal corporation ( .. Golden .. ); and the IT\' OF WE TMJNSTER, a municipal corporation ("Westminster''). ETH WHEREA , C.R .. ection 30-15-101( I) authorizes th board of county commissioners of each county to tablish an animal holding fa ility and engage personnel to operate it, pro ide for the impoundment of animals. and to establi h term and conditions for the release or other disposition of impounded animals : and WHEREA • .R. . ection 30-15-10 I (2) authorizes counties and municipalities to enter into an intergovernmental agreement to provide for the control. licensing. impounding, or disposition of pet animals or to provide forth accompli hment of any other a pect of a county or municipal dog control or pet animal control licensing resolution or ordinance ; and WHERE .R. . ection 3 J-15-401 (m)(l) authorizes municipalities to regulate and control animals within the municipality including. but not limited to , licensing impoundment and disposition of impounded animals ; and WHEREA , Part2 of Article I ofTitle 29, C.R.S. permits and encourages governments to make the most efficient and effecti e usc of their powers and responsibilities by cooperating and contracting with other governments ; and WHERE , Part 2 of Article I of itle 29 . C.R .. authorize go emments to contract with one another to pro ide an y function. ervice , or facility lawfully authorized to each of Lhe contracting units through the establishment of a eparate legal entity: and WBEREA , pursuant to C.R.S. ection 30-11-1 07( I) the parties are authorized to enter into agreements for the joint use and occupation of public buildings; and WHEREA , some of the parties entered into an lntergo emmental Agreemenl forming the separate legal entity called the Jefferson Animal he Iter on March 15, J 975 and thi Intergovernmental Agreement' as amended se eral time to modify the terms and add panics to the agreement: and WHEREA , the Town of Morri on and Mountain View are no longer participating in the operation or funding of the Jefferson Animal heher; and W H E R EA , the partie entered into an Intergovernmental Agreement crea ting a County- Wide Dog Licensing Program (''Dog Licensing Program'') which provided that the revenue from the Dog Licen ing Program would be u ed to on truct a new animal hclter facility due to the deterioration f the prior facility: and W HE R A , the ount_ funded the con . t ruction of a ne'' animal helter facilit) ( .. Facility .. ) b) I )i uing Certificate of Participation ( .. COPs'') which included the amount of 5.2 million dollars for construction of the Animal hcher Facility: 2) contributing.., million dollars: and 3) con t riburing an addi t ional 1.5 million dollars pursuant to the term of an Intergovernmental Agreement be tween some of the parties (t he ''Faci lity Funding IGA ··} which provided that the participating cities would repay the ou nt y(unless the Count is repaid by the Foothills Animal Foundation)atthe end of a fi e year period ending on January I, 2015: and W H E R E , the partie s desire to amend the prior agreement for formation of the he her and the Dog Li ensing Program to pro ide for the parties to no longer pay annual asse sment for the peration of the Sheller. to in tead u e there enuc from the Dog icen ing Program for the operation of the Shelter and to pro ide for repayment of the OP and the 1.5 million dollar contribution; and WH EREA . the parties agree that each party and its residents should co ntribute toward the funding for the co 1 of capital construction of the Facilit and the operation of a central animal helter in equal proportion to Lhe e timated number of dogs in their jurisdiction: and W H E REA , it continue to be in the be t intere t of all of the abo e-referenced parties to participate in t he. organization. administration. and common use of a central animal shelter and to amend the prior agreements for continued operation of the central animal he her and the Dog Licensing Program and the Facili ty Funding IGA a set forth herein: and WH E REAS the City of Edgewa ter(" dgcwa ter .. ) may desire to become a party to thi Agreement after adoption of a dog licensing ordinance in compliance with the tenm of this Agreement. NOW, T H EREFORE, in con ideration ofthe mutual co\enant and agreement ofthe partie hereinafter contained. the receipt and sufficiency of \1 hich are hereby confe sed, it i under tood and agreed a follows : PART 1. FOOT HI L L S A' IMAL SH E LTE R FORMATION AND OPE RAT ION I. G E NERAL PROVl IONS A. E ABU HME T OF FOOTH ILL A IMA HE T R. The parties previously established a eparate legal entit) called the Jefferson Animal helter and then 2 renamed the entity the Table Mountain Animal Center. The panie hereby reaffirm lhe e tablishment oflhe parate legal emit which shall be known as the ''Foothills Animal helter" (the ·· helter") and which shall be responsible for the administration and operation of the heller and the Facility. B. LEA E OF HEL TER. The he Iter entered into a lease with U1e County for the new Facility located at 580 Mcintyre treet, Golden CO 80401 pursuant to a Lease Agreement effecti con August 9, 20 I 0 (the "Lea c Agreement'"). The he her, for the purpo e of. organizing. administering. and operating the central animal facility on the land so I ased. will improve. maintain, and operate the Facility as pro ided herein and as provided in the Lease Agrcemenl. A. GE ERAL POWER . The panies hereto agree the helter shall be empowered with the authority to improve. construct, maintain. repair. ontrol. regulate, and operate the Facility \J ·ithin Jefferson ounty, Colorado, a a complete animal shelter for lhe use and benefit of the parties to this Agreemenl and their constituents. B. POWER TO HEL TER A IMALS A D PROVIDE EDUCATIONAL PROGRAM . The principal purpose of the helter are (I) to retain in temporary custody and to provide for the subsequent adoption or disposition of animal taken into possession by the respective governing bodie or animals tendered lo the helter by residenlS of the respective governing bodies. and (2)Lo provide educational, olunteer and related programs to indi iduals and the community to promote responsible pet ownership. As used herein. the term "animals"' shall include, but is not necessarily limited to. dogs, cats, cattle. horses, and all other domestic or wild animals of any kind or de cription. The helter shall have the power to contract with other governing bodies who are not partie to this Agreement to provide the ame temporary custody, adoption or di position services provided for the panie . D. POWER TO ESTABLI H LJNICS FOR A I MAL WELFARE PURPO E . In addition to providing temporary custody for said animals, 1he he Iter shall have the authority to establish a clinic for the purpose of spaying and neutering animal . or any other animal welfare related purposes a deemed appropriate by the go eming Board of Ojrectors (the ··shelter Board''). E. POWER T MAKE CO TRAC . HIRE. A D FIRE. The parties hereto further agree the helter shalt ha e the authority to contract and purchase all necessary supplies. equipmenl, material , and services. including professional services. and funher to hire and discharge employees a deemed necessary to operate the heJter. f. POWER TO ET FEE . The fees to be charged for services shall be established by the helter Board, shall be uniform and rea onable, and hall supersede any fee pre iously 3 established by the respecti c go emmental bodies. ees for service provided to governing bodie ' ho are not panics lo 1hi Agreement and their resident hall be et by lhe helter Board and shall be et to include the costs for operation and maintenance of the helter and capital costs of the Facility. G. POWER TO LEA E PROPERTY . The parties herelo agree the helter is empowered to negotiate and enter into a lease of the Facility .., hich i suitable for an animal facility and addilional property ifnece sary. Ill. BOARD OF DIRECTOR A. POWER . All power . privileges and duties vested in the helter shall be exercised and perfom1ed by and 1hrough 1he hcher Board. Only parties to thi s Agreement shall be entitled to appoint a Director to erve on the hcltcr Board . B. APPOI TM TS . Each part. shall de igna1e and appoint one Director to serve on the Shelter board . Each Director shall be in regular attendance and participate in helter meetings and acti ities . Each Director shall serve in accordance' irh the terms and condition set forth by the part that appointed the Director . Each pany may also appoint an alternate board member. The current Director for the existing animal shelter appointed by the parties shall continue to erve as Directors on the Foothills Animal helter Board after execution of this Agreement unless any Director is remo ed b. the party who appointed the Director . C. EL E TIO OF OFFIC R . At the annual meeting ofrhe heher Board. the helter Board shall elect from its membership a President. a Vice Pre ident (and President pro tern). a ecretary and a Treasurer,' ho will assume their office at the annual meeting. These officers shall serve until their succes ors ha e been elected . The officers shall be eJected by an affirmative vote of at least a majority of the he Iter Board. D. BYLAW AND POLICIE AND PROCEDURE . The helter Board shall ha e the power to promulgate bylaws and policies and procedures which shall establish the organizational rules and policies and procedures for the management and op ration of the he Iter . IV. CAPITAL I.MPROVEMENT FUND The he Iter shall establish a capital impro ement fund equal to a minimum of Five Hundred Thousand Dollars ( 500 ,000) ("Minimum Threshold-) using the surplu revenues generated b either the operation of the he Iter or the Dog Licensing Program or by funds transferred from the Foothills Animal oundation, a olorado non-profit corporation (the ·'Foundation"). The uses to which said fund may be put include, but are not ncce sarily limited Lo , replacement of capital equipment, procurement of new capital equipment. and impro ement or expan ion of the Facilit}. If funds are used from the capital impro ement fund. the capital improvement fund shall be returned to the Minimum Threshold as soon as funds become available but\ ithin no more than a r\\>o year period fr om the date the fund fell belo~ the 4 Minimum Thre hold. The heher Board ma adjust th 1injmum Thre hold above 500.000 on an annual basi if appro ed by a two-third vote of the Director . Any adju tment of the Minimum Threshold heiO\ $500.000 shall only occur by amendment to thi Agreement. The he Iter hall e tablish a contingency/emergency fund\! ith a minimum of three months of operating expenses a calculated from the prior year (''Minimum Balance"). The money for said fund may be generated from transfer from impoundment. boarding and adoption fee , inve tment inc me , donations, grants or other incidental source of revenue . aid contingency fund hall be u ed to defray the co ts of unanticipated operating e>.pen e shortfall. If funds are used from the contingenc emergency fund , the contingency/emergency fund hall be retumed to the Minimum Balance as soon as funds become available but~ ithin no more than a two year period from the date the fund fell below the Minimum Balance. J. B DGET A. B DG T PRO E . Each ~ear. the Shelter shall prepare a preliminary budget and submit said budget to the he Iter Board. The budget shall contain detailed estimates of the operating costs of the sub equent year. The preliminar) budget shall be approved by the helter Board on or before eptember 30th of each year. The appro ed preliminary budget shall be submitted to each of the governing bodies ofthe parties hereto a oon thereafter a possible . B. he final budget shall then be appro ed by the he her Board and certified by the ecretary and treasurer of the he her Board . A final budget shall be submitted to each of the go eming bodies of the partie no later than December I 5th of each year that thi Agreement is in effect. A. D NATION OF FUND . The he Iter and parties agree that the various monies paid to the hclter from the Dog Licensing Program or any other ource. and any monie generated by the heher, shall be placed into a de ignated fund. and any expenses incurred by reason of operation of the h Iter shall be paid from said fund. B. HOI E 0 DEPO I TORY. All monies belonging to the he Iter or designated for use by the helter shall be deposited in the name and to the credit of the helter '"iLh such depositories a the he her hall from time to time designate. C. DISBUR EMENT OF FUND . The hclter Board will e tablish a wrinen policy for the internal control and monitoring of the expenditure of fund by the helter and the type or method of payment u ed by the helter. The ~ritten policy established by the helter Board hall ensure that the h Iter Board is able to monitor all expenditure b. the helter. 5 D. Fl C L RE PO 1 IBILITY . The helter shall not borrow money nor shall it appro e any claims or incur any obligation ' for expenditures unless there is ufficient unencumbered ca h in the appropriate fund. credited to the hellcr, with which to pay the arne. The provi ion and tcm1 et forth in Part 3 ofthis Agreement shall n t be considered debt of the he Iter. A. R C RD K EPI G. The heller shall maintain adequate and correct accounts of it fund , propertie • and bu ine tran actions. which account hall be open to inspection at any reasonable time by the parties hereto. their attorneys. or their agent . B. A N ALA DIT. The helter shall cause to be conducted an annual audit "ithin 90 days afler the end of the fiscal year . The he her fiscal year . hall be from January I )t to December 31 ". uch audit hall be conducted b) an independent certified public accountant. registered accountam. or partnership. or ertificd public accountants, or regi tered accountants licensed to practice in the tate of Colorado . The hclter shall tender a cop) of aid audit to the go eming bodie of the respecti e partie hereto . IX. REPORT A. ANN AL REPORT . By June 1 ~1 of each year the hcller hall prepare a comprehensi c annual report of the heller's activities and finance during the preceding year and tender a copy of the annual report to th go eming bodies of the respecti e partie hereto. B. REPORT REQ IRED BY AW, REGULATIO OR 0 TRACT. The Shelter shall also prepare and present uch report as may be required by law. regulation. or contract to any authorized federal. state. and/or local officials to whom such report i required to be made in the cour e and operation of the helter. C. REPORT REQUESTED BY THE PARTIE . The helter shall al o render to the parties heret . at rea onable intervals, such reports and accountings a the parties hereto may from time to time reque t. A. ORDI · ADOPTIO . Each party shall adopt or has already adopted an ordinance which establi h a dog licensing program and penalties within it jurisdiction. The dog licensing ordinance adopted by the parties shall be consistent with the County ordinance concerning licensing of dog and licen e fee :however, each party has discretion to adopt its O\ n penalties. 6 B. ENF R M · T. Each party shall be respon ible for enforcement of the penalties for its dog licen ing ordinance within their own jurisdiction. Each party agrees to actively pursue enforcement of said ordinance. C. L1 EN lNG ADMIN I TRA OR DEFINED. The Licensing Administrator is the entity delegated the authority b) the partie 1 issue licenses and collect fees for said dog licen es on behalf of all parties. D. 0 ~L ·GATIO OF AUTHORITY . The parties hereby have delegated authority to the County to be the Licensing Administrator to issue license and collect ~ es for said dog licenses on behalf of all parties. A ne\ Licen ing Administrator may be appointed by written approval of Lhe helter Board. If the Licensing Administrator appointed is not a party. the he Iter Board shall enter into an agreement with the entity chosen to be the Licensing Administrator to bind the new Licensing Administrator to the term of this Agreement and any other terms deemed necessary by the helter Board. E. DOG LIC N E . The dog licen e hall all be identified as ··county Dog Licenses." A. DE IGNA 10 OF FUND . The Licensing Administrator agrees that all monies paid to the Lie nsing Administrntor for the licen ing of dogs within the juri dictions of all parties. shall be placed into a designated fund (the ''Dog Licensing Fund") except the funds due to the Licensing Administrator as provid d in Part 2, Article II. ection and the funds v ithdrawn or retained by the County pursuant to Pan 2. Article II, ection C. B. LJC I G ADMINI TRATOR' ADMTNI TRATJVECO T . On August I"' of each year this Agreement is in effect, the Licensing Administrator shall provide each party with a statement of the icensing Administrator's administrati e costs directly attributable to th operation of the Dog Licen ing Program from July I 1 through June 30th of each year. and the projected administrati e costs for the upcoming year. The Licensing Administrator shall retain the amount of the Licensing Administrator' administrative costs from the Dog Licensing Program revenue on a monthly basis. The ic nsing Administrator shall be entitled to payment for the cost of, at a maximum. two full time employee including salary. benefits and overhead. The Licensing Administrator employee positions shall be Administtati e pccialist J or II positions as currently defined by the County or equi alent positions. Any future taffing needs, beyond those currently listed abo e. require appro al of the heher Board. The Licensing Administrator hall also b entitled to the cost of tags. mailers (for new tags and renewals). postage, printing. maintenance/updates of dog licensing software and miscellaneous office supplies, and any other co ts directly attributable to the operation of the Dog Licensing Program. C. OJ B R EMENT OFF 0 FOR 2012 . The parties have each paid an asse smentto the helter for the 2012 Budget Year as a contribution to the operating cost and capital impro ement co ts of the heher. The County as the current Licensing Administrator 7 ·hall v. ithdra" fund _ from the Dog Liccn ing Fund to pa) that portion of the debt ervice on the OPs for 2012 attributable to the portion of tho e proceeds used to fund the construction of the Facilit . The Count . as the current Licensing Administrator. shall retain fund in the Dog Licen ing Fund to pay the County· e timated admini trative co t and expcn e for acting as the Licensing Admini trator through Decemb r 31. 2012. The remainder of the fund in the Dog Licen ing Fund shall be paid over to the helter to be u ed first to meet the requirements for funding the Capital lmpro\ ements Fund and ontingency/Emergenc Fund and the remainder ·hall be allocated a determined by the helter Board . D. Dl B R EMENT OFF D AFTER 2012. Except for the funds retained b. the Licensing Administrator each month for it administrati e cost and expenses as provided in Part 2. Article II, Section B, the funds contained in the Dog Licen in~ Fund shall be paid to the he her by the Liccn ing Administrator on a monthly ba i on the I 01 of the following month as a contribution from the partie to\ ard the operating costs of the hclter or capital impro emems or maintenance co t of the he Iter as approved by the heher Board. RECORD KE -pf G. The Licensing Administrator shall maintain adequate and correct accounts of the funds." hich account shall be open to inspection at an} rea onable time by the parties hereto. their attorneys. or their agents . IV. REPORTS A. DEFI ITI N . I . Reporting Period hall mean the period between July I ll to June 30 1h of each ubsequent year . 2. .Jurisdiction -The Jurisdiction of each party who is a city shall mean the area within its municipal boundaries . For We tmin ter and Arvada Juri diction shall include the area within their municipal boundarie that i ' ithin Adam County and .lefferson County. The Juri diction for the ount) hall be the unincorporated area of the Count . 3 . Estimated Dog Population for a party shall mean : a . the estimated percentage of Colorado hou ehold harboring one or more dogs. obtained from the most current data publi hed by the American Veterinary Medical A ociation (the·· ourcc .. ); multiplied by b. the number ofhou eholds in a party's Juri diction, as reported in the most current publication by the tate Demographer's Office: multiplied b c. the a erage number of dogs per household for each household with a dog. obtained from the mo t current ource using the data for olorado. 8 4. Compliance Rale shall mean the rate calculated by di iding a . the number of Jicen es is ued for dogs residing in a party· Jurisdiction during a one year Reporting Period b b. theE timated Dog Population in each party"s Juri diction for the ame Reporting Period . B. A AL REPORT . B August 1 1 of each year. the Licensing Administrator hall prepare and present to the helter Board an annual report of the number of dogs licen ed during the prior year in each party's Jurisdiction. the estimated household population of each party's Juri diction as reported in the most current publication by the tate Demographer's Office. the Compliance Rate for each party's Juri diction and the funds collected during the prior year . A sample of the report format is anached as xhibit A. C. R PORT REQUESTED BY THE PARTI . The Licensing Administrator hall also render to the parties hereto. at reasonable inter als. such report and accountings as the parties hereto may from time to time request. COMPLIA _CE A. R VIEW 0 REVENUE ANDCOMPLIA CE BY J Rl DICTION. Jfduring the reponing period ending June 30, 2012. there i Jess than twen ty per cent (20%) compliance by the residents in a pany·s Jurisdiction. the respective party shall pay to the Licensing Administrator for placement in the Dog Licensing Fund an amount equal to the difference between the funds that the Dog Licensing Fund w<luld have recei ed if there was twenty per cent (20%) compliance at the payed dog licensing rat and the amount of dog license fees actually collected from the residents of that party 's Jurisdiction . The twenty percent (20%) Compliance Rates set fonh abo e shall be defined as the Minimum Compliance Rate for the reponing period ending June 30 2012. When the annual report is distributed at the end of the next reporting period and every year thereafter. a new Minimum Compliance Rate hall be set for the following year if the Minimum Compliance Rate was exceeded by all the parties. If all the parties' Jurisdictions exceed the Minimum Compliance Rate according to the annual report, the nev Minimum ompliance Rate for the following year shall be the Compliance Rate of the party' ith the lowest Compliance Rate. If any party's Jurisdiction fails to meet the Minimum Compliance Rate et for a reporting period. the party shall pay to the Licensing Administrator for placement in the Dog Licen ing und an amount equall.o the difference between the funds that the Dog Licensing Fund would have received if the Minimum ompliance Rate was met at the spayed dog licensing rate , and the amount of dog license fees actually collected from the residents of that party's Jurisdiction. B. APPROPRIATION AND PAYMENT OF FUND . The parties agree to pay the amounts et forth in Part 2. Article V. Section A, to lhe Licensing Administrator for placcmen1 in the Dog Licens ing Fund by January 31 st of the year following which the Annual Repon detennined a party failed to meet the Minimum ompliance Rate, pro ided . however. that all pa yments by the partie to the Dog Licensing Fund pursuant to this Agreement are subject to 9 annual appropriation b) the partie hereto in the manner required by tatute. It is the intention of the parties that no multiple-year fiscal debt or other obligation be created b thi Agreement. PART 3. REPAYME T OF DEBT ERVJCE FOR CONSTRUCTION OF FACILITY I. BA I FOR DOG PO PULA TJON A. BA I FOR DOG POPULATIO . The basis for the dog population calculation shall be ba ed upon the Colorado data from the most current Source. Whene er the dog population is needed for computations under this Agreement. the figure used shall be the most recent available at the time such figure is needed, unless otherwi e pecitied herein. B. DEFINITIONS. The definitions for Jurisdiction, Reporting Period and Estimated Dog Population are set forth in Part 2. Article IV. II. CONTRIBUTION TO DEBT ERVICE FOR COST OF CON TRUCTING FACILITY A. CONTRJBUTJO S OF THE PARTIE rOR DEBT ERVICE ON COP . 5.2 million dollars of the proceeds from the COPs issued by the County' ere used to partiall pay the cost for construction of the Facility. 1l1e parties agree that each municipal party shall annually pay an as e smentlo the ounty to repa that portion of the debt ervice on the COPs attributable to the portion of the proceeds used to fund the construction of the Facilit (the ··Facility Debt ervice .. ) until the COPs are defeased. The Facility Debt ervice chedule is attached hereto as Exhibit A but such schedule may be modified if the COP are rel1nanced a provided herein. Each party" annual repa, ment will be dctennined as follows: I. Calculation for the Annual Assessment a. Determine the Estimated Dog Population for each party's Jurisdiction as of June 30th of each year. c. b. Add the Estimated Dog Population for all the parties together to detennine the Total Dog Population. Determine what percentage each party's stimated Dog Population is compared to the Total Dog Population for all of the parties· Jurisdictions combined ("'Dog Population Percentag ··). Each municipal part shall pay the Count a portion of the Facility Debt ervice equal to that municipal party' Dog Population Percentage. B. A AL DEBT ERVICE TAT-ME T AND INVOICE FOR COP . By August I 51 of each year, the County shall prepare and present to the he Iter Board and the governing bodies of the partie a statement and invoice of the Facility Debt Service due from January I to December 3 I for the upcoming year. each party's Dog Population Percentage and the total dollar amount due from eac,h party for its portion of the Facilit Debt ervice. C. PAYMENT FOR FA ILITY F Dl G JGA. Pursuant to the terms of the Facility Funding IGA, the ounty shall pro ide the partie " ith a report each year stating the 10 amount received each year and the balance owing. Section I.D. of the Facility Funding IGA shall be amended to provide that the final payment on the remaining balance is due on January I. 2015 and shall be divided equally ber.veen Arvada. Lakewood. Wheat Ridge. Golden and Westminster (collectively the "Cities'"). The Cities shall make their final payments to the County no later than January 31. 2015. To the extent the Facility Funding IGA provides that the County is solely responsible for the Facility Debt Service on COPs. the Facility Funding IGA is amended in this Agreement to require participation of all the municipal parties and the County in the payment of the Facility Debt Service in the manner provided herein. D. APPROPRIATION AND PAYMENT OF FUNDS. The parties agree to consider for appropriation the amounts computed as set forth above by the first day of January of the year during which said monies are to be paid to the County. The parties agree to pay the amounts for the Facility Debt Service to the County by January 31st of the year during which said monies are to be paid by the County for the debt service. All payments to the County pursuant to this Agreement are subject to annual appropriation by both the County and each municipal party hereto in the manner required by statute. lt is the intention of the parties that no multiple-year fiscal debt or other obligation be created by this Agreement. E. REPORT REQUESTED BY THE PARTIES. The County shall also render to the other parties hereto. at reasonable intervals, such reports and accountings as the parties hereto ma.y from time to time request. F. REFINANCING. The County shall have the right to refinance the debt on the COPs if deemed beneficial to the County so long as the amount owed by the municipal parties for debt service does not increase due to the refinancing. PART 4. GENERAL CONTRACT TERMS J. DEFAULT IN PERFORMANCE A. In the event any party fails to make the payments to the Licensing Administrator when due as provided by Part 2. Article V or payments to the County as pro ided in Pan 3 or t.o perform any of its covenants and undertakings u.nder this Agreement, the County or any other party shall cause written notice to be given to the governing body ofthe defaulting party of the tennination of the party"s participation in the Agreement unless such default is cured within thirty (30) days from the date of such notice. Upon failure to cure said default within said thirty (30) day period, membership in the Shelter of the defaulting party shall thereupon terminate, and said defaulting party shall thereafter have no voting rights as a member of the helter at any regular or special meeting thereto. nor be entitled to representation on the Shelter Board. and said defaulting party shall thereaft.er be denied service by the Shelter. Further, the Licensing Administrator shall no longer provide licensing services to said defaulting party. The defaulting party whose participation is terminated under this section of this Agreement shall forfeit all right. title, and interest in and to any funds in the Dog Licensing Fund or any right. title or interest in and to any property of the Shelter to which said party may otherwise be entitled upon the dissolution of this Agreement. If a party is in default of this Agreement for any reason other than 11 nonappropriation of funds for payment of an as e sment to the Count or payment to the Licen ing Administrator for placement in the Dog Licensing Fund. termination of the defaulting pany·s participation in the Agr cmem hall not relic c the defaulting party of the obligation to make the pa ment to the Count) a pro ided in Part 3 or the Licensing Admini trator for placement in the Dog Licen ing Fund as provided in Part 2, Article V that ' ere due prior to the defaulting party's termination. This ection is not intended to limit the right of any party under thi Agreement 1 pur uc any or all other remedies it ma have for breach of this Agreement. A party who fail t make the payment required by Pan 2 or 3 for any reason other than nonappropriation of funds shall be obligated to pa all costs of collection of aid payment. including reasonable attorneys' fees. A municipal party who fails to make the payments for any rea on other than nonappropriation of fund hall be obligated to pay interest at a default rate of I 0% plus all co 1 of collection of aid payment. including rea onable attorneys· fees. B. PA YMEN DEFA L T/ COPs. In the event any municipal party fails to make the payment to the County" hen due other than for non appropriation as et forth in Part 3 ection D that municipal party shall be in default. In the event of a payment default or non appropriation b an. of the municipal parties. the remaining municipal partie and ount) shall be responsible for the debt service amount owed by the defaulting or non appropriating municipal pany or parties in the same ratio calculation set forth in Pan 3 except the ratio shall be calculated without the defaulting party or parties inclusion in the ratio. C. PAYMENT D FA LT / $1.5 MILLIO . In the event Arvada, Lakewood. Wheat Ridge. Golden or Westmin ter fails to make the payments to the Count when due other than for non-appropriation as et forth in Part. 3 ection C the municipal party who fail!. to make a timel) payment hall be in default In the event of a payment default or non appropriation by Arvada. Lakewood. Wheat Ridge. Golden or Westminster. the remaining municipal parties shall be responsible for the debt ser ice amount owed by the defaulting or non appropriating municipal partie as provided in the Facility Funding IGA. II. TERM, RENEWAL AND TERMINATION OF AGREEMENT A. T RM A DR ·NEWAL OF AGRE -M T. This Agreement shall be in full force and effect for a term of 50 year from July I. 2012 or until ooner terminated by two-third of the partie hereto. and the panics entering into this Agreement hall have the option to extend this Agreement b amending this Agreement pursuant to Part 4. ection Ill. B. CONTIN ATIO OF IIELTER OPERATION/FEE FOR ON-PARTIE . All property and animals shall remain in the helter under the terms of this new Agreement. Entities not parties to this Agreement who ha e animals at the Shelter that were placed at the helter b. the entity or re idents living within the boundaries of the entity on effective date of this Agreement shall pay a fee as et by the he Iter Board which rna be per animal per da as long as .aid animal remain at the helter . C. TERM I ATJO BY WRITIEN OTI E. Thi Agreement. or any party's participation in thi Agreement. may be terminated effecti e b v.ritten notice from the party or 12 parties to the helter at least 180 days prior to January I st of any gi en year . Any party tenninating its participation pursuant to this provi ion shall not be entitled to any reimbursement for said parties ' contributions to the County. the helter or the Licensing Administrator for capital costs , assessments or any operating costs pre iously paid by said party or any dog licensing fees previously paid by its residents. uch party shall be entitled to be readmined Lo the membership of the helter if appro ed by the helter Board and ifthe terminated party has paid all dollar amounts the terminated party is in arrears under the terms of this Agreement. D. TERMINATION WITHOU REQUIRED NOTrCE. In thee ent that any party hereto elects to terminate its participation in this Agreement prior to the end of any period of this Agreement and not in accordance with subsection C of this section. such party shall be considered in default of this Agreement and accordingly shall forfeit its entire contribution to the helter. Upon default. the defaulting party shall forfeit all privileges and property that such party obtained as a result of its membership in this helter. Should a defaulting party , at some later date, seek readmission to the membership of the helter. such part shall be required to meet the requirements and contribution of any new party seeking membership pur uant to the terms of this Agreement. E. POWERS OF SHELTER UPO TERMINATIO BY TWO-THIRD . Upon tennination by mutual agreement of two-thirds of the parties to this Agreement. the powers granted to the hclter under this Agreement shall continue to thee tent necessary to make an effective disposition of the property, equipment. and animals under this Agreement. If the Agreement is terminated the Shelter and the County shall cause the Lease Agreement with the County to be terminated . F. TATU OF LEA ED PREMI ES UPON TERMINATION BY TWO-THIRD I PAYMENT OF HELTER LIABILITIES. Upon termination of this Agreement by mutual agreement oftwo-thirds ofthe parties hereto. the Lease Agreement shall terminate in accordance with its tenn and impr vements thereon located in Jefferson County, shall re ert to Jefferson County for its use and ownership. Any cost for liabilities incurred by the helter during the termination of this Agreement and as an expense of termination shall be borne by each party to the Agreement in the same proportion as it is required to contribute to the assessments in Part 3 Section II. whether such assessments have terminated or not except, if the debt service on the COPs is not fully paid, the County shall not pay any part of the remaining Shelter liability and the proportion of each municipal party shall be adjusted to pay the full amouni of the he her liability without the County participation . G. TERMINATION FOR REA ON OTHER THA ONAPPROPRLA TION. Termination of the Agreement for any reason other than nonappropriation of funds shall not relieve the terminating party of the obligation to make the payments to the Licensing Administrator as provided in Part 2 or pay the party 's assessment to the County as provided in Part 3. H. Of B RSEMENT OF FUND UPO TERMfNA TION. If this Agreement is terminated. the Licensing Administrator shall fir t pay the County an monies it holds from the 13 dog licensing revenue. except its cost of administration prior to termination of the Agreement. to pay the County for the cost of any remaining debt ·cr ice on the P i sued to pa_ for the ost of constructing the Facility. The Shelter shall pay any funds it hold beyond it expenses incurred pr ior to the termination ofthi Agreement to the Cou nty lO cover any remaining cos t of the debt ervice on the OP . Thi pro i ion and the provisions of Pan 2. Article II. ection B: Part 2. Article V: Part J. Article II; Pan 4. rticle I. ·cction A. Band and Article II .. shall survive tem1ination ofthi Agreement . Ill. AME _ D MENT This Agreement rna) be amended at any time in writing by agreement of all the partie to thi Agreement except thnt the Agreement may also be amended as set for the in Pan 4. Section X. IV. EVERABI LITV CLAUSE If any pro ision of this Agreement or the application thereofto any party or circumstances are held im alid. uch invalidity shall not affect other pr i ion , or applications of the Agreement which can be gi en effect without the in alid pro ision or application. and to thi end. the pro isions of the Agreement are declared to be se erable. V. C O UNTER PA RTS This Agreement ma) be signed in counterparts, and each counterpart shall be deemed an original. and all the counterparts taken as a whole shall constitute one and the same instrument. TI1e Agreement hall not be efTecti e unril executed b all parties . VI. 0 TH IRD P A RTY BE E FI C JARJ E Except as otherwise stated herein. this Agreement is intended to describe the rights and responsibili t ies of and between the parties and i not intended to, and shall not be deemed to. confer rights upon any persons or entities not named as parties. limit in any way go emmental immunity and other limiled liability statutes for the protection of the parties. nor limit the powers and responsibilities of an) other entit. not a party hereto. othing contained herein shall be deemed to create a partnership or joint venture between the panic with rc pect to the subject matter hereof. vn. This Agreement supersedes and replaces all prior agreements dealing with fonnation of the helter including but not limited to the lntergo emmental Agreement dated for reference purposes only January I. 1998. and the Intergovernmental Agreement for the County Wide Licensing Program dated for reference purpo e only June 20. 2007 and any amendments to those agreements . The Fa ility Funding IGA shall remain in full force and effect except as amended herein . To the extent Facility Funding IGA says the Count. is solely responsible for 14 the Facilit) Debt crvice for the COPs the Facility Funding IGA is amended by Pan 3 Anicle II(C). The Shelter shall make its services . facilitie . and programs a ailable to all person regardless of race. color. age , creed, national origin. sex. or disability . Because this Agreement ~ill extend beyond the current fiscal. ear. the parties understand and intend that the obligation ofthe parties to pay any costs hereunder constitutes a current expense of the parties payable exclusively from the parties funds and shall not in any way be construed to be a general obligation indebtedness of the parties within the meaning ofany provision of Article XI of the Colorado Constitution, or any other constitutional or statutory indebtedness . one o f the parties has pledged the full faith and credit of the tale, or the parties to the payment of the charges hereunder. and this Agreement shall not directly or contingent!. obligate the parties to apply money from , or levy or pledge any fonn of taxation to, the payment of an. costs. X .. JOINDER OF THE CJTY OF EDGEWATER All parties agree that the City of Edgewarer ("Edgewater,..) ma become a party to this agreement by adopting a dog license ordinance in compliance with lhe tenns of this Agreement and Edgewater' properly executing this Agreement in counterpart . Upon dgewater·s execution of a counterpart ofthis Agreement the parties and Edgewater agree lhatthis Agreement shall be deemed amended with Edgewat.er being deemed a party 10 this Agreement and Edgewater being ubject to all the terms and provisions of this Agreement except Edgewater shall not be responsible for payment under the tenn of Lhe Facility Funding IGA without amendment LO the Facility Funding IGA as provided therein. Calculation for the Compliance Rate for Edgewater shall be prorated for the first year from the date Edgewater executes the Agreement until tJ1e following June 30th. 15 I 'WITNE WHEREOF the partie ha e executed this Agreement. A JEFFER 0 0 TY. DepUt) Jerk and Recorder APPROVED AS TO FORM: Gay mmel A sistant ounty AUome) TATE OF OLORADO By ______________________ __ Donald Rosier. Chairman Board of Count Commi ioner Date: -------------------- 16 ~~J~ -~ "' City of • :rwheatRi_dge ITEM NO :~ DATE: August 12 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 10-2013 AN ORDINANCE ADOPTING BY REFERENCE THE 2011 EDITION OF THE NATIONAL ELECTRICAL CODE, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND AMENDING PORTIONS OF CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTRICAL INSPECTIONS 0 PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (07/22 /2013) 1:8] ORDINANCES FOR 2N° READING (08 /12/2013) QUASI-JUDICIAL: D YES M77tv6- community Development Director ISSUE: 1:8] NO ~ The 2005 edition of the National Electrical Code (NEC) was previously adopted by the City to govern electrical system safety . The agency that promulgates the NEC , the National Fire Protection Association, has published a 2011 edition of the NEC which contains updated regulations and requirements . This ordinance adopts the 2011 NEC to bring the City 's electrical system requirements and regulations closer to uniformity with the state and with other jurisdictions that have adopted the most recent edition of the NEC. The ordinance also consolidates all Code provisions concerning electrical requirements (substantive requirements , inspection requirements and the authorization of fees), into Code Section 5-77. Currently, such requirements are located throughout Chapter 5 of the Code, in Sections 5-56 through 5-75 and 5-77. PRIOR ACTION: City Council approved the ordinance on first reading on July 22 , 2013 , setting the public hearing for August 12 , 2013. Council Action Fom1 August I2 , 2013 Page 2 FINANCIAL IMPACT: None. Staff does not recommend an amendment to electrical inspection or permit fees as a part of this ordinance. Current fees have proved adequate to cover the City's costs of performing inspection and permitting work. BACKGROUND: The City adopted and has been enforcing the 2005 edition of the National Electrical Code for approximately eight years , in which time two newer versions of the code have been promulgated by the National Fire Protection Association and adopted by the State of Colorado and most of the neighboring municipalities. The NEC is not a part of the intemational code family and therefore was not included in the code adoption process that occurred in 2010. The City currently enforces a version of the code that is outdated and inconsistent with the version used by contractors and homeowners in neighboring jurisdictions. RECOMMENDATIONS: Staff recommends approval of the ordinance. RECOMMENDED MOTION: "I move to approve Council Bill No. I 0-2013 , an ordinance adopting by reference the 20II edition of theN a tiona) Electrical Code, providing penalties for violations thereof and amending portions of Chapter 5 ofthe Wheat Ridge Code of Laws conceming electrical inspections , on second reading, and that it takes effect Nov ember 1, 2013 ." Or, I move to postpone indefinitely Council Bill No. I 0-20I3 , an ordinance adopting by reference the 20I1 edition of the National Electrical Code, providing penalties for violations thereof and amending portions of Chapter 5 of the Wheat Ridge Code of Law s for the following reason(s) ________________ _ REPORT PREPARED/REVIEWED BY: John Schumacher, Chief Building Official Carmen Beery, City Attomey's Office Kenneth Johnstone, Community Development Director Patrick Goff, City Manager ATTACHMENTS: I. Council Bill No . 1 0-20I3 TITLE: CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER STARKER Council Bill No. 10 Ordinance No. ----- Series of 2013 AN ORDINANCE ADOPTING BY REFERENCE THE 2011 EDITION OF THE NATIONAL ELECTRICAL CODE, PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND AMENDING PORTIONS OF CHAPTER 5 OF THE WHEAT RIDGE CODE OF LAWS CONCERNING ELECTRICAL INSPECTIONS WHEREAS, the City of Wheat Ridge, Colorado (the "City"), is a Colorado home rule municipality, duly organized and existing pursuant to Section 6 of Article XX of the Colorado Constitution; and WHEREAS, pursuant to Section 5.16 of the Wheat Ridge Home Rule Charter ("Charter'') and Part 2 of Article 16 of Title 31 of the Colorado Revised Statutes , the City, acting through its City Council (the "Council"), possesses the authority to adopt standard codes by reference; and WHEREAS, pursuant to this authority, the City previously adopted the 2005 edition of the National Electrical Code ("NEC"), as promulgated and published by the National Fire Protection Association, codified as Section 5-77 of the Wheat Ridge Code of Laws ("Code"); and WHEREAS , the National Fire Protection Association has promulgated and published a 2011 edition of the NEC which contains updated regulations and requirements; and WHEREAS, the Council recognizes the value of the NEC in providing minimum standards to safeguard life or limb, health, property, and public welfare by regulating and controlling the design , construction , quality of materials, use and occupancy, location and maintenance of buildings, structures, utilities and certain equipment; and WHEREAS, the Council also previously adopted certain requirements concerning electrical inspections, which relate to NEC requirements, codified as Division 3 of Article II of Chapter 5 of the Code , also known as Sections 5-56 through 5-75; and WHEREAS, City staff has recommended updating said Code provisions concerning electrical inspections and relocating the same to Code Section 5-77 in order to congregate all local provisions regarding electrical code requirements and inspections in one Code section ; and WHEREAS, a public hearing on this Ordinance was conducted and proper notice thereof given in accordance with C.R.S . § 31-16-203; and WHEREAS, a certified copy of the 2011 edition of the NEC was filed with the City Clerk at least fifteen (15) days prior to public hearing on this Ordinance in accordance with C.R.S . § 31-16-206 and Charter Section 5.16 and such code remains open to public inspection and purchase from the Clerk 's office ; and Attachment 1 WHEREAS, the City wishes to adopt by reference the 2011 edition of the NEC, provide penalties for NEC violations and to update and relocate Code provis ions concerning electrical inspections to Code Section 5-77 , all as further set forth herein . NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Section 5-77 of the Wheat Ridge Code of Laws, concerning the National Electrical Code, is hereby amended as follows Sec. 5-77. National Electrical Code; ELECTRICAL INSPECTIONS. (a) Adopted. The National Electrical Code , 2GGa 2011 Edition , copyright by the National Fire Protection Association , Batterymarch Park, Quincy, Massachusetts, 01269-7471 , is hereby adopted by reference thereto and incorporated into this chapter as though fully set out herein as the electrical code of the city . Except as otherw ise provided in this chapter , such code is adopted in full , including the index contained there in. One copy of said National Electrical Code shall be filed in the office of the city clerk and may be inspected during regular business hours. (b) Amendments. The National Electrical Code , adopted by this section is hereby amended as follows (section numbers refer to section numbers of the National Electrical Code): Article 310.2(b} is amended by adding a new sentence to read : "Aluminum conductors under size 8 are not allowed." Purpose . The purpose of this section is to provide minimum standards to safeguard life or limb , health , property, and publ ic welfare by regulating and controlling the design, construction , quality of materials , use and occupancy, location and maintenance of all buildings , structures and utilities and certa in equipment specifically regulated herein. (d C) Electrical permit fees. Electrical permit fees shall be as follows: All fees shall be computed BASED on the dollar value of the electrical installation, including time and material (total cost to the customer) ESTIMATED PROJECT VALUATION AT THE TIME OF APPLICATION . PROJECT VALUATION SHALL INCLUDE THE VALUE OF ALL WORK , INCLUDING ALL COSTS OF LABOR AND MATERIALS RELATED TO THE PROJECT. PROJECT VALUATION SHALL BE CALCULATED BY THE BUILDING DIVISION BASED ON DATA PUBLISHED ON THE CITY WEBSITE OR OTHER REASONABLE MEANS , AND THE HIGHER OF THE APPLICANT'S STATED VALUATION AND THE DIVISION 'S CALCULATED VALUATION SHALL BE USED TO DETERMINE PERMIT FEES . afHi StleR-f Fees shall be computed based upon Table 1-A OF THE CITY'S FEE SCHEDULE, AS ADOPTED FROM TIME TO TIME BY CITY 2 COUNCIL RESOLUTION ("TABLE 1-A"), at time of obtaining the permit. (e D) FEES FOR WORK WITHOUT A PERMIT. Items of work for which a permit is required under this SECTION chapter which are commenced before a permit is secured shall be assessed A FEE foes for permits in triple tho amounts AS SET FORTH IN TABLE 1-A proscribed in tho permit's foe schedule. This FEE penalty shall be in addition to the PERMIT investigation fee REQUIRED FOR SUCH WORK PURSUANT TO referenced in Table 1-A, City of Wheat Ridge building permit fees. (E) ELECTRICAL INSPECTIONS. (1) GENERAL. ALL CONSTRUCTION AND WORK FOR WHICH A PERMIT IS REQUIRED BY THE CODE ADOPTED BY THIS SECTION 5-77 SHALL BE SUBJECT TO INSPECTION BY THE BUILDING OFFICIAL TO ENSURE COMPLIANCE WITH SAID CODE AND SUCH CONSTRUCTION OR WORK SHALL REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION PURPOSES UNTIL APPROVED. APPROVAL AS A RESULT OF AN INSPECTION SHALL NOT BE CONSTRUED TO BE AN APPROVAL OF A VIOLATION OF THE PROVISIONS OF THE CODE ADOPTED BY THIS SECTION OR OF OTHER ORDINANCES OF THE CITY. INSPECTIONS PRESUMING TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF THE CODE ADOPTED BY THIS SECTION OR OF OTHER ORDINANCES OF THE CITY SHALL NOT BE VALID. IT SHALL BE THE DUTY OF THE PERMIT APPLICANT TO CAUSE THE WORK TO REMAIN ACCESSIBLE AND EXPOSED FOR INSPECTION PURPOSES. NEITHER THE BUILDING OFFICIAL NOR THE CITY SHALL BE LIABLE FOR EXPENSE ENTAILED IN THE REMOVAL OR REPLACEMENT OF ANY MATERIAL REQUIRED TO ALLOW INSPECTION. APPROVAL OF ONE PORTION OF WORK UPON INSPECTION SHALL NOT CONSTITUTE APPROVAL OF ANY OTHER PORTION OF WORK REQUIRING INSPECTION. (2) INSPECTION AGENCIES. THE BUILDING OFFICIAL IS AUTHORIZED TO ACCEPT REPORTS OF INSPECTION AGENCIES, PROVIDED SUCH AGENCIES SATISFY THE BUILDING OFFICIAL 'S REQUIREMENTS AS TO QUALIFICATIONS AND RELIABILITY. (3) PERMIT POSTED; INSPECTION RECORDS AVAILABLE. NO CONSTRUCTION OR WORK FOR WHICH A PERMIT IS REQUIRED BY THE CODE ADOPTED BY THIS SECTION SHALL BE COMMENCED UNTIL SUCH REQUIRED PERMIT IS POSTED AT THE WORK SITE. ADDITIONALLY, ALL INSPECTION RECORDS FOR A WORK SITE SHALL BE 3 MAINTAINED AND MADE AVAILABLE FOR INSPECTION BY THE CITY ON-SITE AT ALL TIMES THAT WORK IS OCCURRING AT SUCH SITE. Section 2. Division 3 of Article II of Chapter 5 of the Wheat Ridge Code of Laws , concerning electrical inspections, is hereby repealed and Sections 5-56 through 5-75 of the Code are hereby designated as "Reserved ." Section 3. Penalties. Penalties for violating the 2011 Edition of the NEC , as adopted by reference by this Ordinance, are set forth in Code Sections 1-5 and 5-5 , which read , in their respective entireties, as follows : Sec. 1-5. General penalty. Unless otherwise specifically provided, whenever in this Code or any other ordinance of the city or any section or an order, rule or regulation promulgated under the provisions of this Code or other ordinance of the city any act is prohibited , made or declared to be unlawful , an offense , nuisance or misdemeanor, where no specific penalty is provided therefor, any person who shall be convicted of the violation of any such provision of this Code or other ordinance of the city or of such orders , rules or regulations shall be punished by a fine of not more than one thousand dollars ($1 ,000.00), or by imprisonment for a period not exceeding one year , or both such fine and imprisonment ; provided , however, that no person under the age of eighteen (18) years shall be subjected to imprisonment for violation of any provision of this Code . Sec. 5-5. Enforcement and remedies. (a) Civil actions. When an alleged violation of this chapter has not been voluntarily abated within the time specified in the notice issued pursuant to section 2-34 : (1) The city may bring a civil action in the municipal court to have the violation declared as such by the court and to have the court enjoin the violation or to authorize its restraint , removal , term ination or abatement by the owner, agent, occupant or person who caused the violation or the person who allowed the violation to continue , or by the mayor, the director of community development, director of public works or the chief of police or their designated representatives . (2) The civil action to declare and abate a violation of this chapter shall be brought in the name of the City of Wheat Ridge by filing a complaint , which shall be verified or supported by an affidavit. Summonses and subpoenas shall be issued and served as in civil cases. Any employee or agent of the City of Wheat Ridge who is over the age of eighteen (18) may serve a summons and verified complaint upon the owner, agent, occupant or the person who caused or allowed the violation 4 (hereinafter "respondent"), or a subpoena upon any witness to the violation. Trial shall be to the court. (3) A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty- one (21) days from the date of service of the summons and complaint. The respondent shall file a response or answer on or before the appearance date specified in the notice of appearance. The trial shall be held upon the appearance date, unless the court grants a continuance for good cause shown. No case shall be continued for more than sixty (60) days after the appearance date. ( 4) Upon the date and time specified for appearance and trial, if the respondent has filed no response and fails to appear, and if the city proves that proper service was made on respondent at least twenty-one (21) days prior to the appearance date, the court may grant such orders as are requested by the city; except that, the court shall order the enforcement by the city be stayed for ten (10) days and that a copy of the court's order be mailed to the respondent at his last known address. Failure to appear on any date set for hearing and trial shall be grounds for entering a default and default judgment against the nonappearing party. Prior to enforcement, and upon good cause shown, the court may set aside an entry of default and default judgment entered thereon. (5) Any disobedience to or interference with any injunction or order issued by the municipal court in an action to abate a violation of this chapter of the Wheat Ridge Code of Laws may be punished as a contempt of court or by a fine of not more than one thousand dollars ($1 ,000.00). Each day's failure to comply with an injunction or order to abate shall constitute a separate act of contempt for which an additional penalty may be imposed. (6) In order to facilitate just, speedy, informal and inexpensive determinations of claims, the court shall follow the rules of county court civil procedure, as presently adopted and as amended hereafter from time to time, excepting Rules 302, 313, 338, 339, 347, 348, 350, 351, 351.1, 359(c)(2), 365, 383, 398, 402, 403, 404 and 406 thereof, and shall further utilize and follow the provisions of Rule 65 of the Colorado Rules of Civil Procedure in all cases wherein civil enforcement of the provisions of chapter 5 is sought. In the event of any discrepancy between any of the provisions of chapter 5 and those applicable rules of county court civil procedure, or Rule 65 of the Colorado Rules of Civil Procedure adopted hereby, the provisions of chapter 5 shall prevail and be applied. The right is expressly reserved and delegated to the presiding judge of the Wheat Ridge Municipal Court to adopt rules of 5 procedure for the Wheat Ridge Municipal Court, which rules shall be applicable in any civil enforcement action brought by the city; provided , however, that said rules of procedure adopted and promulgated by the presiding judge of the municipal court shall not conflict with or contradict the authority of the city to pursue civil enforcement for violations of the provisions of this chapter 5. (7) In any case in which the city prevails in a civil action initiated pursuant to this subsection (a), the city may recover its reasonable costs of abating the violation , including reasonable costs of litigation , plus fifteen (15) percent in administrative costs ; plus costs may be assessed against the subject property pursuant to paragraphs 16-13-313 and 16-13-314, C .R.S., (as amended). The remedies specified in this subsection (a) shall be in addition to all other remedies provided by law . (b) Cumulative remedies . The remedies set forth herein are cumulative. In the event any building, structure or utility is erected, constructed, reconstructed , altered , repaired, converted, demolished, moved or maintained, or any building, structure or utility is used in violation of this chapter, the city or any proper city official may institute any other appropriate action or proceedings to prevent such unlawful erection , construction, reconstruction, alteration , repair, conversion , maintenance or occupancy to restrain , correct or abate such violation or to prevent the occupancy of such building , structure or land. The initiation of any action or the imposition of any penalty hereunder shall not preclude the city or any proper person from instituting any other appropriate action or proceeding to require compliance with the provisions of this chapter and with administrative orders and determinations made hereunder. Section 4. Safety Clause . The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge , that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 5. Severability; Conflicting Ordinances Repealed. If any section, subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed . Section 6. Effective Date. This Ordinance shall take November 1, 2013 , as authorized by Section 5.11 of the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 6 to 0 on this 22nd day of July, 2013, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for August 121h, 2013, 6 at 7:00 o'clock p.m ., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading, after public hearing, by a vote of to , this day of ________ _ 2013. SIGNED by the Mayor on this ___ day of _________ , 2013. ATTEST: Janelle Shaver, City Clerk First Publication : July 25 , 2013 Second Publication : Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor Approved As To Form Gerald E. Dahl, City Attorney 7 .... ~~~ ... ~ . City of JP'WheatRgge ITEMNO:l DATE: August 12 ,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 12-2013 AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2013 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX RATE D PUBLIC HEARlNG D BIDS/MOTIONS 0 RESOLUTIONS ISSUE: [8J ORDINANCES FOR 1ST READING (08 /12/2013) 0 ORDINANCES FOR 2N° READING (08/26/2013) YES [8J NO City Council directed staff to move forward with a ballot question requesting a 1% increase to the City sales and use tax rate. To include this question on the 2013 ballot, the City Council must set the final ballot language and submit to the Jefferson County Clerk and Recorder by September 6th. Setting the ballot language by ordinance requires a first reading on August 1ih and a second reading and public hearing on August 26th to meet this deadline. PRIOR ACTION: The Mayor and City Council held their annual strategic planning retreat on May 1 ih and 18th. The primary focus of the retreat was to review the City's current financial status and to discuss strategies for improving the City's long-term financial situation. Council agreed to move forward with a ballot question at the November 2013 election to ask voters for an increase in the City's sales and use tax rate by I%. The Mayor and Council reviewed and finalized ballot language at the July 15th and August 5111 study sessions. Sales and Use Tax Increase Ballot Language August 12, 2 013 Page 2 FINANCIAL IMPACT: Based on estimated sales and use tax revenues for fiscal year 2013 , a one percent increase in the tax rate would generate approximately $6.5 million in 2014. BACKGROUND: The City 's primary revenue source is sales and use tax , equating to approximately 70 % of total General Fund revenues. The City 's current tax rate is 3% which is equal to or lower than most Denver metro area cities . In addition, Wheat Ridge has one of the lowest property tax mill levy rates in the state at 1.830 mills. On a house valued at $250 ,000, the City receives only $36 a year in property taxes. Most other Denver metro area cities also impose other fees on their residents such as a stormwater fee to fund stormwater drainage issues. The City of Wheat Ridge does not impose this fee or many other types of fees that are common in other cities to help fund maintenance and construction projects. The City of Wheat Ridge is responsible for an extensive list of assets totaling over $55 million . These assets include land , buildings , vehicles , machinery and equipment, infrastructure and software. The City has over 133 miles of streets to repave , re-strip , sweep and plow on a regular basis and 36 miles of stonn water drainage infrastructure to unclog and clean regularly . Over 200 vehicles and large pieces of equipment, such as police patrol cars and snowplows , must be maintained adequately to ensure City staff can provide a safe community for our residents. The Parks and Recreation Department is responsible for over 42 sites that include parks , open space, recreation centers , and other visual green space totaling approximately 430 acres. When funding is limited , the list of postponed repairs and maintenance of these assets can become very long -very fast. Projects that are put on hold , repairs that are neglected and preventative maintenance that is ignored add up to a costly and complex problem. Unfortunately, in the City of Wheat Ridge we currently have approximately $5 .0 million in deferred maintenance that is considered critical. This total includes over $4.0 in street pavement rehabilitation , $500 ,000 in Americans with Disabilities Act (ADA) sidewalk deficiencies and $320 ,000 in bridge deficiencies. In addition to the City 's unfunded deferred maintenance backlog, staff has identified over $267 million in community investments that are essential to the quality of life of Wheat Ridge residents and to the long-term fiscal and environmental sustainability of the community. These needs include investments in street reconstruction, bicycle and pedestrian trails , storm water drainage improvements, park improvements , undergrounding of utility lines , and improvements to municipal operating facilities. Residents also request on a regular basis additional or new investments in the City 's assets to improve their quality of life. With the recent heavy rains , the lack of an adequate storm water drainage system has prompted many residents to contact the City after their garages or lawns were flooded. Speeding vehicles through neighborhoods prompt citizens to ask for more police patrol or traffic calming infrastructure to slow down drivers. Our environmentally and health conscious culture has encouraged residents to find alternatives to the car and the City is Sales and Use Tax Increase Ballot Language A ugust 12,20 13 P age 3 continuing to receive many requests for additional mobility options such as sidewalks and bike lanes. These investments take a considerable amount of resources to fund and complete. For the City to construct and maintain a modern day storm water drainage system, City staff estimates the City needs approximately $1 .0 million per year for such a system. The City would need over $500,000 a year to address neighborhood safety concerns caused by speeding vehicles. Similarly, to fund and address the recommendations in the City's Pedestrian and Bicycle Master Plan , to construct additional sidewalks and bike lanes throughout the community, an additional $500,000 per year would be required. City expenses continue to increase at a faster rate than revenues. City Council has taken a hard look at the City budget and has determined that in order to provide a base level of service to its residents , additional budget cuts are not possible. To continue to provide services and programs to the residents of Wheat Ridge, City Council has had to use reserve funds to balance the budget. The City's policy is to maintain a minimum reserve level of 17 % of General Fund expenditures which equates to approximately $5.0 million today. It is estimated that the City will spend down its reserves to 17% by 2014 and therefore adequate funding for critical repairs and maintenance of the City 's assets will no longer be available. RECOMMENDATIONS: Staff recommends approving the council bill as presented, on first reading. RECOMMENDED MOTION: "I move to approve Council Bill No. 12-2013 , an ordinance submitting a ballot question to the voters of the City at the November 5 , 2013 election , concerning an increase in the sales and use tax rate, on first reading, order it published , public hearing set for Monday, August 26 , 2013 at 7:00p.m. in City Council Chambers, and that it take effect immediately upon adoption." Or, "I move to postpone indefinitely Council Bill No. 12-2013 , an ordinance submitting a ballot question to the voters of the City at the November 5 , 2013 election , concerning an increase in the sales and use tax rate , for the following reason(s) " REPORT PREPARED BY; Patrick Goff, City Manager ATTACHMENTS: I. Council Bill 12-2013 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 12 Ordinance No. ----Series of 2013 TITLE: AN ORDINANCE SUBMITTING A BALLOT QUESTION TO THE VOTERS OF THE CITY AT THE NOVEMBER 5, 2013 ELECTION, CONCERNING AN INCREASE IN THE SALES AND USE TAX RATE WHEREAS, the City Council of the City of Wheat Ridge, Colorado has the authority to refer ballot questions to the electorate pursuant to Section 6.3 of the Home Rule Charter and CRS 31-11-111; and WHEREAS , the Council wishes to refer a ballot question concerning an increase in the City's sales and use tax rate. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Ballot question referred. The following ballot question is hereby referred to the electorate of the City at the November 5, 2013 election: SHALL CITY OF WHEAT RIDGE TAXES BE INCREASED $6.5 MILLION IN CALENDAR YEAR 2014 THROUGH AN INCREASE IN THE CITY 'S SALES AND USE TAX RATE OF ONE CENT (1%) ON EACH ONE DOLLAR, AND BY WHATEVER ADDITIONAL AMOUNTS ARE RAISED ANNUALLY IN EACH SUBSEQUENT YEAR, WHICH REVENUES SHALL BE INVESTED IN THE COMMUNITY TO IMPROVE AND ENHANCE THE SAFETY AND QUALITY OF LIFE OF WHEAT RIDGE RESIDENTS AND SECURE THE CITY'S FINANCIAL FUTURE THROUGH, BUT NOT LIMITED TO THE FOLLOWING: • ROAD AND BRIDGE CONSTRUCTION; STORMWATER DRAINAGE CONSTRUCTION AND MAINTENANCE; AND CAPITAL MAINTENANCE TO PROVIDE A SAFE AND EFFECTIVE CITY INFRASTRUCTURE SYSTEM • INVESTING IN CAPITAL PROJECTS THAT SUPPORT THE BUSINESS GROWTH OF OUR COMMUNITY AND SHALL THE CITY BE PERMITTED TO COLLECT, RETAIN AND SPEND THE REVENUES FROM SUCH INCREASE, INCLUDING ALL INTEREST DERIVED THEREFROM, WITHOUT REGARD TO THE REVENUE RAISING, DEBT LIMITATION OR OTHER RESTRICTIONS OF ARTICLE X, SECTION 20 OF THE COLORADO CONSTITUTION? Attachment 1 Section 2. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained. Section 3. Severability: Conflicting Ordinances Repealed. If any section , subsection or clause of this Ordinance shall be deemed to be unconstitutional or otherwise invalid , the validity of the remaining sections, subsections and clauses shall not be affected thereby . All other ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed Section 4. Effective Date. This Ordinance shall take effect immediately upon adoption at second reading , as permitted by the Charter INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this _ day of , 2013, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for , 2013, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge , Colorado. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2013. SIGNED by the Mayor on this ____ day of _________ , 2013. ATTEST: Janelle Shaver, City Clerk Approved As To Form Gerald E. Dahl , City Attorney First Publication: Second Publication : Wheat Ridge Transcript Effective Date: Jerry DiTullio, Mayor 2 ... ~ ~ ~ ... _ .. City of • r wheatRi__dge ITEM NO:~ DATE: August 12,2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE AWARD OF RFP-13-11 TO RMC CONSULTANTS INCORPORATED FOR ENVIRONMENTAL CONSULTING SERVICES RELATED TO AN EPA BROWNFIELDS ASSESSMENT GRANT FOR A NOT-TO- EXCEED AMOUNT OF $280,000 0 PUBLIC HEARING [2) BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING D YES [2) NO ~ /1-C.-TliVCr- JC(;mmunity Development Director Ci ~ ISSUE: The Community Development Department applied for and received a $400,000 Brownfields Assessment Grant from the Environmental Protection Agency (EPA) in 2012. The purpose of the grant is to undertake environmental assessments on potentially contaminated properties within the City of Wheat Ridge. The City entered into a Cooperative Agreement with EPA in September of last year concerning the expenditure of the grant funds. Per the Cooperative Agreement, the City released a Request for Proposal in March 2013 for solicitation of an environmental consultant to undertake the preparation of the environmental assessments as outlined in the grant. In April 2013 , 15 firms submitted proposals. After a thorough review of all proposals, interviews were conducted with six firms. Based on the experience ofthe consulting team , qualifications of the firm, the project approach , references and fee schedule, the selection committee recommends award to RMC Consultants Incorporated in an amount not to exceed $280,000. RMC was established in 1990 to provide environmental services including site assessment /characterization, cultural resource and technical / administrative support to federal , state, and local government clients. The firm is a highly-respected , small minority-owned business (MBE) located in Wheat Ridge that employs more than 50 technically diverse professionals and support Council Action Form -Brownfields April 12 , 2013 Page2 personnel. The staff offers the City expertise in program/project management; environmental science and engineering; geology ; natural resource management; cost estimating; pennitting, auditing and regulatory compliance; waste management; and administrative and technical support. RMC has successfully completed more than 450 projects in compliance with federal environmental regulations and acts. They have extensive experience executing contracts for federal, state, and local agencies. PRIOR ACTION: City Council was notified of the grant award in June oflast year when EPA announced the recipients of the 2013 Brown fields Assessment Grant funding. In October 2012 , Council approved a Cooperative Agreement with the EPA for acceptance of the $400 ,000 grant. At that time Council also amended the fiscal year 2012 general fund budget to reflect a supplemental budget appropriation in the amount of $50 ,000 for grant funds anticipated to be spent on brownfield environmental assessment activities approved by the EPA in 2012. FINANCIAL IMPACT: No matching funds are required for the grant. BACKGROUND: Brownfields are vacant or underutilized industrial or commercial properties that have the potential to be environmentally contaminated by current or previous uses. Since the City of Wheat Ridge is primarily built out with little opportunity for greenfield development, the City is focused on redevelopment of existing properties including brownfields sites. A challenge to the redevelopment of these properties is the potential for environmental contamination due to land uses at the site. Many potential developers and property owners do not want to take the risk of redeveloping properties where environmental contamination could be present. The grant will allow the City to perform Phase I and II environmental assessments to determine if environmental contamination is present, thereby eliminating any uncertainty associated with redeveloping existing properties. An important community revitalization strategy is working with private property owners to understand brownfield issues on their sites. The presence of contamination impedes a property's ability to be resold or redeveloped. Working to resolve these issues benefits both the owner and the community at-large. The grant funds will help defray the costs of identifying contamination and will lead to strategies to clean up sites and eliminate one barrier to revitalization. The grant will assist with removing hurdles for new businesses to locate in the City. While the funds can be used on public or private property anywhere within the City limits , the target area for use of the grant funds is the Wadsworth Boulevard urban renewal area. WR2020 has prepared an inventory of 75 properties in the urban renewal area which will be used as the basis for detennining which properties assessments will be pursued . Depending on the response from property owners on Wadsworth and the amount of grant funds expended there , the City will move to other sites to provide the grant funds; such as along Kipling St. and at the RTD Gold Line commuter rail station located off of Ward Rd. and 50'h Ave. Council Action Form -Bro wn fi eld s April 12 , 2013 Page 3 Community outreach will be undertaken as part of the project. Notification will be sent to property owners informing them of the availability of the grant funds. A Phase I assessment involves a record search of current and previous uses of the property and does not require property owner permission. Phase II assessments are undertaken when the Phase I assessment indicates there could be environmental contamination based on land uses at the site. Phase II assessments involve soil and groundwater testing and do require permission of the property owner. The southwest comer of381h Ave. and Wadsworth Blvd. is currently being looked at for potential redevelopment. Given the history of uses at this site, including an automotive dealership , gas station and dry cleaners, there is the potential for contamination to be present. The EPA approved use of grant funds last fall at this site to assist the property owners in determining if environmental contamination is an issue. To date, approximately $43 ,000 of the $400,000 grant has been spent at the site on Phase I and II assessments and clean-up planning. There is need for further environmental testing of this site, and contiguous properties. The additional anticipated cost is estimated at up to $38 ,000. In addition to the $43 ,000 expended on assessment work at the 38 1h and Wadsworth Blvd. site to date , there are other expenses that have been or will be incurred from the grant. WR2020 has undertaken environmental assessment work using grant funds on properties on Wadsworth Blvd. in the past few years. Given their previous experience with brownfields assessments and development of the inventory of Wadsworth Blvd. properties , they have been retained to assist City staff with the administration of the EPA grant. Their time is an eligible grant expense. EPA also encourages grantees to attend their annual National Brownfields Conference using the awarded grant funds. Staff attended the 2013 National Brownfields Conference and will attend another national conference next year. These expenses have been deducted from the $400,000 grant total to arrive at the recommended not-to-exceed $280 ,000 contract award amount. Based on staff resources for administering the grant, as well as the potential for multiple sites utilizing these funds , the evaluation committee ultimately determined that it is in the best interest of the City to make the award to one firm , rather than multiple firms. Negotiations were conducted with RMC Consultants Inc., the top-ranked firm following the interview phase, in consideration ofboth proposal and interview information and references , resulting in competitive unit pricing. As an RFP process , pricing is an element of the decision process , but is not the primary basis ; qualifications, references , experience, certifications , availability, fit , and other subjective and non-subjective criteria have been considered in this recommendation . RECOMMENDATIONS: Staff recommends the City Council approve the award of$280,000 to RMC Consultants Incorporated for environmental consulting services related to the EPA Brownfields Assessment Grant. Council Action Form-Brownfields April 12, 2013 Page4 RECOMMENDED MOTION: "I move to approve the award ofRFP-13-11 to RMC Consultants for environmental consulting services related to the EPA Brown fields Assessment Grant for a not-to-exceed amount of $280 ,000 . Or, "I move to deny award ofRFP-13-11 to RMC Consultants Incorporated for environmental consulting services related to the EPA Brownfields Assessment Grant for a not-to-exceed amount of$280,000 for the following reason(s) ____________ _ REPORT PREPARED/REVIEWED BY: Sally Payne, Senior Planner Jennifer Nellis , Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. RMC fee schedule using a defined scenario , not specific to an actual project RMC Consultants, Inc., 12295 W. 48th Avenue -Unit A, Wheat Ridge, CO 80033 (303) 98o-4101 Fax (303) 98o-4107 -·~·-Cost Estimate CONSULTANTS Worksheet No. 1 08-06-2013 INCXllti'OlAnD City of Wheat Ridge Brownfield Phase I and II ESA T a s k s Direct Labor Total Cost %Cost Number Description Hours Cost Other Direct Costs 0001 Individual Property Phase I ESA 18 $ 1,093 $ 406 $ 1,499 4.8% 0002 Phase II H&SP 5.5 $ 350 $ 9 $ 359 1.2% 0003 Phase II UFP QAPP 7 $ 505 $ 9 $ 514 1.7% 0004 Phase II FSP 7 $ 505 $ 9 $ 514 1.7% 0005 Phase II Execution & Reporting 88 $ 5,956 $ 7,832 $ 13,789 44.6% 0006 Community Meeting Support 9 $ 736 $ 84 $ 820 2.6% 0007 Property Owner Meetings 1.75 $ 131 $ 8 $ 139 0.4% 0008 Phase II Site Cleanup Plan 108 $ 8,517 $ 173 $ 8,690 28.1% 0009 Asbestos & LBP Survey 19 $ 1,356 $ 693 $ 2,050 6.6% 0010 Cost to Update Phase I ESA 15 $ 940 $ 431 $ 1,371 4.4% 0011 Website Support $ 1,200 $ 1,200 3.9% Subtotal 278.25 $ 20 088 $ 10 855 $ 30 944 100.0% Total 278.25 $ 20,088 $ 10,855 $ 30,944 Attachment 1