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HomeMy WebLinkAboutCity Council Agenda Packet 12/09/20136:45-Pre-Meeting CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING December 9, 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 in participating and need inclusion assistance. CALL TO ORDER PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES OF November 18, 2013 ROLLCALL OF MEMBERS PROCLAMATIONS AND CEREMONIES Civic Academy Graduation Rotary Club Donation Presentation CITIZENS' RIGHT TO SPEAK a . Citizens, who wish , may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. b. Citizens who wish to speak on Agenda Items, please sign the GENERAL AGENDA ROSTER or appropriate PUBLIC HEARING ROSTER before the item is called to be heard. APPROVAL OF AGENDA ORDINANCES ON FIRST READING .1. Council Bill14-2013-Revising Chapter 26 Article VIII of the Wheat Ridge Code of Laws concerning Floodplain Control DECISIONS, RESOLUTIONS AND MOTIONS 2. Motion to award ITB-13-26, for the construction of a park at 44th and Kendall, to Goodland Construction, Inc. of Golden , CO in the amount of $901 ,405 .90 with an additional contingency amount of $90 ,000 CITY COUNCIL AGENDA: December 9, 2013 Page -2- DECISIONS, RESOLUTIONS AND MOTIONS (con't) 3. Motion to approve payment to ESRIInc. in the amount of $38 ,000 for the annual license renewal for the Graphical Information System (GIS) 4 . Motion to approve City Sponsorship of the 2014 Kite Flite Festival providing a financial contribution of $3 ,000 ~ Motion to reappoint Wanda Sang and Michael Snow as members of the Election Commission 6. Motion to appoint Silke Popp to the Planning Commission as a Representative of District IV, term to expire March 2 , 2015 7. Motion to adopt the 2014 Regular City Council Meeting Calendar §.,_ Resolution No . 47-2013-designating the City Hall Lobby as the Official Public Notice Posting location and the Wheat Ridge Transcript as the Official Newspaper of General Circulation for the City Publications in 2014 CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING November 18, 2013 Mayor DiTullio called the Regular City Council Meeting to order at 7:00 p.m. APPROVAL OF MINUTES OF October 28, 2013 Motion by Councilmember Stites for approval of the Minutes of October 28, 2013; seconded by Councilmember Starker; carried 7-0. SWEARING IN CEREMONY Oath of Office for newly elected Mayor and Council Members by Judge Christopher Randall. ROLL CALL OF MEMBERS Jerry DiTullio Bud Starker Zachary Urban Kristi Davis Tim Fitzgerald Tracy Langworthy Genevieve Wooden Absent: George Pond Also present: Mayor, Joyce Jay; City Clerk, Janelle Shaver; City Treasurer, Larry Sct1ulz; City Attorney, Gerald Dahl; City Manager, Patrick Goff; Police Chief, Daniel Brennan; Administrative Services Director, Heather Geyer; Community Development Director, Ken Johnstone; other staff, guests and interested citizens. PROCLAMATIONS AND CEREMONIES Recognition of outgoing Mayor and Council Members CITIZENS' RIGHT TO SPEAK Eric Wilson (Wheat Ridge) invited the public to a Live Local Harvest event this Thursday evening entitled Sharing Food and Stories. It will be at 6PM at the Wheat Ridge Grange. Tara Jahn (Wheat Ridge) congratulated the new Council members. She thanked Councilmembers Davis, Starker, Reinhart and Mayor Jay who sponsored a team for the Farmers 5000. Ms. Jahn announced a big family bowling event this Sunday afternoon at Wheat Ridge Lanes from 2-4 pm with music and crafts. Wheat Ridge 2020 has City Council Minutes November 18, 2013 repurposed the 'Ridge at 38' banners into shopping bags that they will sell at the upcoming events . Page 2 Eileen Kratzer (Wheat Ridge) thanked the councilmembers who voted to approve the budget appropriation for bike lanes on Pierce. Karen Thaler (Wheat Ridge) thanked the folks who took the time to visit with her in her recent campaign for a District 1 Council seat. She thanked the folks who informed her of an unkind email that was circulated about her during the campaign. APPROVAL OF AGENDA Motion to approve the agenda by Councilmember Starker; seconded by Council member Davis; carried 7-0 . PUBLIC HEARINGS AND ORDINANCES ON SECOND READING .1. Resolution 45-2013 -Approving a 26-Lot Subdivision Plat for property zoned Mixed Use -Neighborhood (MU-N) located at 5670 W. 38th Ave. (Case No. WS- 13-02/Perrin's Row) Mayor Jay opened the public hearing . Councilmember Starker introduced Resolution 45-2013 . Mayor Jay swore in the parties who would testify on the case. Staff presentation: Senior Planner, Meredith Reckert entered into the record the case file and packet material also stating that posting and publishing requirements have been met. She went through the packet material including photos and documents . Wheat Ridge Fire Protection District, Wheat Ridge Water/Sewer, Xcel Energy, City of Wheat Ridge Police and Public Works can serve the property. The applicant is requesting approval of a 26-lot subdivision plat for property zoned Mixed-Use Neighborhood (MU-N) located at 5670 W . 38th Avenue. The purpose of the subdivision is to prepare the property for development of a new residential subdivision. A plat was recorded for development of the property in 2003. At that time a fee in lieu of park land was established at $13,800. That development was never built, but staff has agreed to honor the 2003 amount even though it is considerably less than what would be required at today's rates . Since the plan has changed to 26 units versus the original 20 the developer has agreed to increase his payment to $17,000. City Council Minutes November 18, 2013 Page 3 Applicant comment: Richard Onslager (Lakewood) spoke briefly on his history with the property. Kevin Puccio (Denver) of Newtown Builders is the builder who will do the development. He spoke about his company's attraction to the project as part of a walkable community . Citizen comment: William Lang (Wheat Ridge) lives nearby. He handed out a map of the nearby land uses. He doesn't think this particular plan is compatible with the area. He feels this plan further segments the area and doesn't honor the Mixed Use philosophy. Since this property is the last major piece of vacant ground on this portion of 38 1h Avenue he believes it should be developed for commercial use . Council discussion: Councilmember DiTullio brought out that this property is being developed with Tax Increment Financing using about $400 ,000 of taxpayer money. If developed as residential it will generate only property tax. This property is zoned for Mixed Use and he feels it should be developed as such with commercial/mixed use because that would generate much more revenue for the City. Councilmember Starker had questions about the driveway. It will be an internal one- way drive. Councilmember Davis likes the diverse type of housing this project offers and hopes the additional residential will help pull in some of the retail that is wanted . Councilmember Langworthy noted how this project services walkability . Councilmember Fitzgerald inquired about the width of the units and the pricing. Mr. Puccio reported a mix of sizes will include six 15 ' wide units and the remainder will be 20' or 22 ' wide units . The units are estimated to sell from the mid $200,000 to mid $300,000 range. Mayor Jay c losed the public hearing . Motion by Councilmember Starker to approve Resolution No . 45-2013 , a resolution approving a 26-lot subdivision ~lat for property zoned Mixed Use -Neighborhood (MU-N) located at 5670 W . 381 Avenue, for the following reasons: 1. City Council has conducted a proper public hearing , meeting all public notice requirements as required by Section 26-109 and 26-407 of the Code of Laws. 2. The requested subdivision has been reviewed by the Planning Commission , which has forwarded its recommendation . 3. The subd ivision plat has been found in compliance with Article IV of Chapter 26 of the Code of Laws. City Council Minutes November 18, 2013 Page4 With the following conditions : 4 . The developer pay parks fees at the time of plat recording in the amount of $17,000. 5. A note with a signature block be added onto Sheet #1 as requested by the Wheat Ridge Sanitation District. 6 . The Homeowners' Association covenants be reviewed and approved by Staff prior to the issuance of building permit. Seconded by Councilmember Davis; Councilmember DiTullio stated that he had no problems with Newtown Builders, but he will be voting no due to the 20-year debt this project will put on the City, the fact that there is no sales tax or commercial component, and he believes this part of town has enough 2br/1 bath single family homes; this adds nothing unique to our housing stock. Motion carried 6-1, with Councilmember DiTullio voting no . DECISIONS, RESOLUTIONS AND MOTIONS £. Motion to elect the Election of Mayor Pro Tempore Motion by Councilmember Langworthy to appoint Kristi Davis as Mayor Pro Tern, effective immediately, term to expire upon election of their successor; seconded by Councilmember Fitzgerald; carried 6-1 , with Councilmember DiTullio voting no. CITY MANAGER'S MATTERS Mr. Goff welcomed the three new Council members. CITY ATTORNEY'S MATTERS Mr. Dahl echoed Mr. Goff's sentiments . CITY CLERK'S MATTERS Clerk Shaver congratulated and welcomed the new councilmembers and mayor. She also noted she would be out of town the rest of the week for the fall municipal clerks' conference. Deputy City Clerk Bruce Roome can be contacted if they need anything. ELECTED OFFICIALS' MATTERS Genevieve Wooden is happy to be on Council. City Council Minutes November 18, 2013 Page 5 Tracy Langworthy wished everyone a safe and happy Thanksgiving. She noted the tree lighting ceremony on December 8th from 3-7pm at the Ridge at 38 and encouraged all to come join the festivities. Tim Fitzgerald is happy to be on Council and hopes to work harmoniously with the other Council members. Zachary Urban congratulated the other new Council members and looks forward to working with City Staff and Council to make Wheat Ridge a great place to live and if you can, find it and buy it in Wheat Ridge. Happy Thanksgiving to all . Kristi Davis thanked outgoing councilmembers. They were very helpful to her when she came on Council. She welcomed the new Councilors and thanked Council for the appointment to be Mayor Pro Tern . Happy Thanksgiving to all. Bud Starker congratulated the new Councilmember, thanked their opponents for their participation in the election process. He thanked the outgoing councilmembers and thanked the voters for taking the time to vote. He looks forward to working the next 2 years as there are lots of challenges to address in this City. Happy Thanksgiving to all. Jerry DiTullio congratulated the Mayor and other new councilmembers and thanked the voters of District 1 for trusting him to represent them. Happy Thanksgiving to all. Mayor Jay is pleased to be the City's new Mayor. Mayor Jay is very excited to bring the City forward with this new Council. Motion by Councilmember DiTullio to adjourn; seconded by Councilmember Starker; carried 7-0. Meeting adjourned to Study Session at 8:20pm APPROVED BY CITY COUNCIL ON December 9, 2013 BY A VOTE OF __ to __ Kristi Davis, Mayor pro tern The preceding Minutes were prepared according to §47 of Robert's Rules of Order, i.e. they contain a record of what was done at the meeting, not what was said by the members. Recordings and DVD's of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions. ~~·~ .. ~ .,. City of • :rwheatRi_dge ITEM NO: DATE: December 9 , 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: COUNCIL BILL NO. 14-2013 -AN ORDINANCE REVISING CHAPTER 26 ARTICLE VIII OF THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOODPLAIN CONTROL D PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS ISSUE: 1:8] ORDINANCES FOR 1ST READING (12/9/2013) 0 ORDINANCES FOR 2ND READING (1 /13/2014) D YES The Colorado Water Conservation Board (CWCB) has adopted revised rules and regulations pertaining to floodplain for the State of Colorado. Staff is proposing several revisions to the existing floodplain ordinance for the City. These changes involve adopting new state regulations and new floodplain maps and updating the language to match current industry standards . This requires amending Chapter 26 Article VIII of the Wheat Ridge Code of Laws pertaining to Floodplain Control. PRIOR ACTION: Proposed changes to the floodplain ordinance were reviewed by City Council at the September 23 ,2013 and November 18 ,2013 Study Sessions. FINANCIAL IMPACT: None BACKGROUND: In late 2010, the CWCB adopted a revised version ofFloodplain Rules and Regulations for Colorado (Rules), effective January 14 , 2011. The Rules provide stricter floodplain management standards to help communities reduce the risks to people and property caused by flooding . A Council Action Form December 9 , 2013 Page 2 three-year transition period was established and Colorado communities have until January 14, 2014 , to adopt floodplain regulations consistent with the Rules. Below is the framework detailing the changes and staff-assessed potential impacts to the City: 1. The freeboard requirement, which is the minimum height above the flood elevation for most buildings , was raised to one foot. The City has already been using this standard and therefore no change is required. 2. The freeboard requirement for critical facilities has been set at two feet. Critical facilities Include, but are not limited to , essential public facilities , nursing homes, above-ground gasoline or propane storage or sales areas , and government operations facilities. Overall , there could be some impact to businesses or group facilities that are located in the 1 00-year floodplain . 3 . Certain areas that are removed from the floodplain by using fill materials would still be regulated as if they are in a floodplain with respect to freeboard . This basically means that basements would not be allowed in those areas. 4. Any new flood studies that are done after January 14 ,2011 , are required to be done with a half-foot floodway rather than the one-foot floodway that we currently regulate. The result is that the floodway would be wider. However, since the floodplains within the City were mapped in 2007 , remapping is not expected for many years. It is staffs understanding that failure to adopt floodplain regulations consistent with the Rules , as well as any updates necessary to bring local regulations into compliance with minimum National Flood Insurance Program (NFIP) criteria , could lead to severe sanctions as outlined below. The City is currently in compliance with the NFIP criteria. Non-compliance with the Rules may result in either NFIP suspension or probation and a reclassification under the Community Rating System (CRS). Certain CWCB flood and watershed grant funding would also be at risk . Staff was aware of the need to adopt the new state regulations but was waiting for FEMA to adopt the new floodplain maps so a single, comprehensive update on floodplain issues could be completed . Staff originally expected the new maps to be adopted as early as June 2011. However, the adoption of the maps was delayed by the conversion of the mapping to a digital fonnat by FEMA. If the City were placed on NFIP probation , a $50 surcharge would be added to property owners' flood insurance policy rates. The community would then need to correct the identified deficiencies and adopt the new Rules, or be subject to NFIP suspension . In addition , the City participates in the CRS , which provides flood insurance premium discounts for communities exceeding the NFIP minimum standards. Currently, Wheat Ridge property owners receive a 20% discount. If the City is suspended from the NFIP , flood insurance policies and discounts would Council Action Form December 9, 2013 Page 3 no longer be available to property owners and existing policies would not be renewed. Federally- backed loans , grants , and other financial assistance for activities within the floodplain would not be available. If a presidential disaster declaration were made due to flooding , property owners would be ineligible for most forms of disaster assistance. Staff has assessed the changes and prepared the revised floodplain ordinance to reflect these new regulations as listed above . RECOMMENDATIONS: Staff recommends that the proposed changes to the Floodplain Ordinance be enacted. RECOMMENDED MOTION: "I move to approve Council Bill No. 14-2013 , an ordinance revising Chapter 26 Article VIII of the Wheat Ridge Code of Laws Concerning Floodplain Control , on first reading, order it published , public hearing set for Monday, January 13 , 2014 , at 7:00p.m. in City Council Chambers , and that it take effect 15 days after final publication." Or, "I move to postpone indefinitely Council Bill No. 14-2013 , an ordinance revising Chapter 26 Article VIII of the Wheat Ridge Code of Laws Concerning Floodplain Control , for the following reason(s) " REPORT PREPARED BY; Mark Westberg, Project Supervisor Steve Nguyen , Engineering Manager Scott Brink , Director of Public Works Patrick Goff, City Manager ATTACHMENTS: 1. Council Bill No . 14-2013 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER------ Council Bill No. 14 Ordinance No. ____ _ Series of 2013 TITLE: AN ORDINANCE REVISING CHAPTER 26 ARTICLE VIII OF THE WHEAT RIDGE CODE OF LAWS CONCERNING FLOOD- PLAIN CONTROL WHEREAS, the City of Wheat Ridge ("City") is a Colorado municipal home rule corporation vested with powers under the Colorado constitution and statutes; and WHEREAS, In late 2010, the Colorado Water Conservation Board (CWCB) adopted revised Floodplain Rules and Regulations for Colorado (Rules), effective January 14, 2011 to provide stricter floodplain management standards that will help communities to reduce the risks to people and property caused by flooding; and WHEREAS, It is determined that failure to adopt floodplain regulations consistent with the Rules, as well as any updates necessary to bring local regulations into compliance with minimum National Flood Insurance Program (NFIP) criteria, could lead to severe sanctions; and WHEREAS, non-compliance with the Rules may result in either NFIP suspension or probation and a reclassification under the Community Rating System (CRS) and the City may not be eligible for certain CWCB flood and watershed grant funding; and WHEREAS, it is deemed to be in the best interest of the public health and welfare of the residents of the City for the City to comply with the proposed changes; and WHEREAS, to this end, the City Council desires to revise Chapter 26 Article VIII of the Wheat Ridge Code of Laws, concerning flood plain control. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Chapter 26 of the Code, concerning floodplain control, is hereby repealed and reenacted to read in its entirety as follows: ARTICLE VIII. FLOODPLAIN CONTROL Sec. 26-801. Authorization; findings, objectives. A. Statutory authorization. The Legislature of the State of Colorado has in C.R.S . § 31-23-301 , delegated the responsibility to local governmental units to adopt regulations designed to promote the public health , safety, and general welfare of its citizenry. Therefore, the city council of Wheat Ridge, WRPW 011 .1 Attachment 1 Colorado, acting pursuant to its powers and authorities granted and reserved in Title 29, of the Colorado Revised Statues under Article 20 of the Constitution of the State of Colorado and the Home Rule Charter adopted thereunder, does hereby ordain following as its floodplain zoning provisions. B. Findings of fact. The city council hereby finds that: 1. The flood hazard areas of Wheat Ridge are subject to periodic inundation which results in loss of life and property , health and safety hazards, disruption of commerce and governmental services , extraordinary public expenditures for flood protection and relief, and impairment of the tax base , all of which adversely affect the public health, safety and general welfare. 2. These flood losses are caused by the cumulative effect of obstructions in areas of special flood hazards which increase flood heights and/or velocities and when inadequately anchored damage uses in other areas . Flood losses are also caused by uses that are inadequately floodproofed, inadequately elevated or otherwise protected from flood damage . C . Public objectives to be achieved. The city council hereby finds it in the public interest, and in the furtherance of the public health , safety and welfare , that the following objectives be fulfilled: 1. To promote the public health , safety and general welfare , to minimize flood losses in areas subject to flood hazards , and to promote wise use of the special flood hazard area by: a. Prohibiting certain uses which are dangerous to life or property in time of flood . b. Restricting uses which would be hazardous to the public health in time of flood. c. Restricting uses which are so particularly susceptible to flood damage , so as to alleviate hardship and reduce demands for public expenditures for relief and protection . d. Restricting permitted special flood hazard area uses, including public facilities which serve such uses , to be protected against floods by providing floodproofing and general flood protection at the time of initial construction. 2. To protect occupants of the special flood hazard area from a flood which is or may be caused by their own, or other , land use and which is or may be undertaken without full realization of the danger through: a . Regulating the manner in which structures designed for human occupancy may be constructed so as to prevent danger to human life within such structures. b. Regulating the method of construction of water supply and sanitation systems so as to prevent disease , contamination , and unsanitary conditions . c . Delineating and describing areas that could be inundated by floods so as to protect individuals from purchasing lands for purposes which are not in fact suitable. d. Ensuring that potential buyers are notified that property is in an area of special flood hazard. e . Ensuring that those who occupy the areas of special flood hazards assume responsibility for their actions. 3. To protect the public from the burden of extraordinary financial expenditures for flood control and relief . a. Regulating all uses within the special flood hazard area so as to produce a method of construction and a pattern of development which will minimize the probability of damage to property and loss of life or injury to the inhabitants of the flood hazard areas . b. Minimizing the need for rescue and relief efforts associated with flooding which are generally undertaken at the expense of the general public . c . Minimizing prolonged business interruptions . d . Minimizing damage to public facilities and utilities , such as water and gas mains ; electric , telephone and sewer lines; streets and bridges located in areas of special flood hazard . e. Helping maintain a stable tax base by providing for sound use and development of areas of special flood hazard so as to minimize future flood-blight areas. f. Participating in the National Flood Insurance Program to assist property owners in obtaining adequate insurance coverage . 4. To protect the hydraulic characteristics and storage capacity of the special flood hazard area and small watercourses, including the gulches, sloughs, and artificial water channels, used for conveying floodwaters so as to promote retention of sufficient floodway area to convey flood flows which can reasonably be expected to occur by: a. Regulating filling, dumping, dredging, and alteration of channels by deepening, widening or relocating, so as to maintain natural storage capacity and slow flow characteristics. b. Prohibiting unnecessary encroachments . c. Encouraging uses such as agriculture, open space, recreation , greenbelt, trails, and intermittent parking. d . Preventing or regulating the construction of flood barriers which will unnaturally divert floodwaters or which may increase flood hazards in other areas. e. Restricting or prohibiting uses which are dangerous to health, safety and property due to water or erosion hazards or which result in damaging increases in erosion or in flood heights or velocities. f . Requiring that uses vulnerable to floods, including facilities which serve such uses , be protected against flood damage at the time of initial construction. Sec. 26-802. Definitions. Unless specifically defined below, words or phrases used in these regulations shall be interpreted so as to give them the meaning they have in common usage, so as to be consistent with the definition given the term in other portions of this zoning code , and to give these regulations their most reasonable application . 100-year flood. A flood that has a statistical frequency of occurring once in one hundred years . This is determined from an analysis of floods on a particular watercourse and other watercourses in the same general region. It has about a one (1) percent chance of being equaled or exceeded during any given year. 100-year floodplain . The area of land susceptible to being inundated as a result of the occurrence of a 1 00-year flood . Appeal. A request for a review by the board of adjustment of any interpretation made by the floodplain administrator (or his representative) of any provision of these regulations . Area of shallow flooding. A designated AO or AH zone on the current digital flood insurance rate map (DFIRM) with a one percent chance or greater annual chance of flooding. The base flood depths range from one (1) to three (3) feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may or may not be evident. Such flooding is characterized by pending or sheet flow. Base flood . The flood having a one (1) percent chance of being equaled or exceeded in any given year . Base Flood Elevation (BFE). The elevation show on the current DFIRM for various A zones that indicates the water surface elevation resulting from a flood that has a one (1) percent chance of equaling or exceeding that level in any given year. Basement. Any area of a building having its floor sub-grade (below ground level) on all sides. Channel. That area of a watercourse where water normally flows. Crawl space. An unfinished , enclosed area beneath a habitable floor or a building that is uninhabitable because of its shallow height of four (4) feet or less , but can be utilized for storage. Critical Facility. A structure or related infrastructure , but not the land on which it is situated , as specified in Section 26-8??, that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before , during , and after a flood . Development. Any manmade change to improved or unimproved real estate, including, but not limited to , buildings or other structures , mining, dredging, filling, grading , paving, excavation , or drilling operations or storage of equipment or materials located within the special flood hazard area . Digital flood insurance rate map (DFIRM). FEMA digital floodplain map . These digital maps serve as "regulatory floodplain maps" for insurance and floodplain management purposes. Equal degree of encroachment. Established by considering the effect of encroachments on the hydraulic efficiency of the floodplain along a significant reach of the stream on both sides . Elevated building. A non-basement building built to have the top of the elevated floor above the ground level by means of pilings , columns (posts and piers), shear walls parallel to the flow of the water , fill , or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of flood waters and adequately anchored so as not to impair the structural integrity of the building during a flood of up to the magnitude of the base flood . FEMA. Federal emergency management agency, the agency responsible for administering the National Flood Insurance Program. Flood or flooding. A general and temporary condition of partial or complete inundation of normally dry land areas from the unusual and rapid accumulation of runoff or surface waters from any source including the overflow of water from channels and reservoir spillways . Flood insurance rate map (FIRM). The official map on which FEMA has delineated both the special flood hazards areas and the risk premium zones applicable to the community . Flood insurance study. The official report provided by FEMA that includes flood profiles , the flood boundary-floodway map, and the water surface elevation of the base flood . Floodplain. Any land area susceptible to being inundated as the result of a flood , including the area of land over which floodwater would flow from the spillway of a reservoir. Floodplain administrator. The director of public works or designee who is assigned the responsibility to coordinate and deal with all aspects of these regulations. Floodplain permit. A permit required before construction or development begins within any special flood hazard area (SFHA). Permits are required to ensure that proposed development projects meet the requirements of the NFIP and this section . Floodplain variance. A grant of relief from the requirements of these regulations , when approved by the board of adjustments under Section 26-808 . D. when specific enforcement would result in unnecessary hardship, which permits construction in a manner that would otherwise be prohibited by these regulations . Flood profile . A graph or longitudinal profile showing the relationship of the water surface elevation of a flood event to existing ground surface along a stream or river. Floodproofing . A combination of structural provisions , changes, or adjustments to properties and structures subject to flooding primarily for the reduction or elimination of flood damages to properties , water and sanitary facilities , structures and contents of buildings. Flood protection elevation. An elevation one (1) foot above the base flood elevation. Floodway. The portion of the SFHA required for the reasonable passage or conveyance of the 100- year flood , which is characterized by hazardous and significant depths and velocities , without cumulatively increasing the water surface elevation more than than a designated height. The current height to be used in the city is one (1) foot ; however, the Colorado statewide standard for the designated height to be used for all newly studied reaches shall be one-half foot (six inches). Letters of Map Revision to existing floodway delineations may continue to use the floodway criteria in place at the time of the existing floodway delineation . Lowest floor. The lowest enclosed area of a bu ilding including basement. However, a crawl space usable solely for storage is not considered a building's lowest floor ; provided , that the crawl space is built in conformance with section 26-806F . Manufactured home . For the purposes of this Section , a structure that is transportable in one (1) or more sections , built on a permanent chassis , and designed to be used with or without a permanent foundation when connected to the required utilities. This term also includes park trailers, travel trailers and other sim ilar vehicles placed on a site for greater than one hundred eighty (180) consecutive days .. Manufactured home park or subdivision . A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale. Mean sea level. For purposes of the National Flood Insurance Program , the National American Vertical Datum (NAVD) of 1988 or other datum to which base flood elevations shown on the community's flood insurance rate map are referenced . New construction . Structures for which the start of construction commences on or after the effective date of these regulations. New manufactured home park or manufactured home subdivision. A parcel or contiguous parcels of land divided into two (2) or more manufactured home lots for rent or sale for which the construction of facilities for servicing the lot (including , at a minimum , the installation of utilities, final site grading , the construction of concrete pads , or the construction of streets) is completed on or after the effective date of these regulations. Special flood hazard area (SFHA). The land in the floodplain subject to a one percent or greater chance of flooding in any given year . Start of construction . The date the building permit was issued for any improvement; provided, that the actual start of construction , repair , reconstruction , placement, or other improvement was within one hundred and eighty (180) days of the permit date . The actual start means the first placement of permanent construction of a structure on a site , such as the pouring of slab or footings , the installation of piles , the construction of columns , or any work beyond the stage of excavation , or the placement of a manufactured home on a foundation . Permanent construction does not include land preparation , such as clearing , grading and filling , installation of streets and/or walkways ; nor does it include the installation on the property of accessory buildings , such as garages or sheds not occupied as dwelling units or not part of the main structure . Structure . Anything constructed or erected , the use of which requires a more or less permanent location on or in the ground . Includes , but is not limited to , objects such as buildings , factories , sheds, cabins , manufactured housing , and fences . This term does not include signs , utility or light poles . Substantial improvement. Any addition , repair , reconstruction , or improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the fair market value of the structure either before the improvement or repair is started or , if the structure has been damaged and is being restored, before the damage occurred . For the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any wall , ceiling , floor or other structural part of the building commences , whether or not the alteration affects the external dimensions of the structure . The term does not , however , include either: 1. Any project for improvement of a structure to comply with existing state or local health , sanitary, or safety code specifications which are solely necessary to assume safe living conditions ; or 2 . Any alteration of a structure listed on the National Register of Historic Places or a state inventory of historic places at the effective date of these regulations . Violation. The failure of a structure or other development to be fully compliant with these regulations . Water surface elevation . The height above mean sea level of floods of various magnitudes and frequencies in the floodplain . Sec. 26-803. General provisions. A. Jurisdiction . The provisions of this article shall apply to all lands within the SFHA as defined on the official maps and engineering reports of the City of Wheat Ridge, Colorado and areas removed from the floodplain by the issuance of a LOMR-F. B. Establishment of Floodplain Permit. A floodplain permit , either class I or class II shall be required to ensure conformance with the provisions of these regulations. C . Compliance . No structure or land shall hereafter be located , altered , or have its use changed within the SFHA without full compliance with these regulations and other applicable regulations . Nothing herein shall prevent the City of Wheat Ridge from taking such lawful action as is necessary to prevent or remedy any violation . These regulations meet the minimum requirements as set forth by the National Flood Insurance Program . D. Boundaries . The boundaries of the SFHA have been defined by computing the 100-year flood limits under existing channel and floodplain conditions as shown on the official maps and engineering reports . The boundaries of the SFHA shall be as they appear on the official maps and engineering reports kept on file in the office of the floodplain administrator. The boundary lines on the map shall be determined by the use of the scale and other surface features appearing on the map . When there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the dispute shall be settled according to Section 26-808. E. Interpretation. In the interpretation and application of these floodplain regulations , these provisions shall be held to be minimum requirements , shall be liberally construed in favor of the governing body, and shall not be deemed a limitation or repeal of any other powers granted by Colorado Statutes or the Charter or ordinances of the City of Wheat Ridge . F. Warning and disclaimer of liability. The degree of flood protection intended to be provided by these floodplain regulations is considered reasonable for regulatory purposes and is based on nationally recognized and/or published engineering and scientific methods of study . Larger floods may occur on occasions or the flood height may be increased by manmade or natural causes , such as ice jams and bridge openings restricted by debris . These regulations do not imply that areas outside SFHA boundaries or land uses permitted within such districts will always be totally free from flooding or flood damage. Anyone constructing new structures within the SFHA is accepting complete responsibility for non-regulated events . These regulations shall not create a liability on the part of or a cause of action against the City of Wheat Ridge or any official or employee thereof for any flood damages that may result from reliance on these regulations . G. Official maps and engineering reports . The location and boundaries of the SFHA shall be as identified by the Federal Emergency Management Agency in "The Flood Insurance Study for Jefferson County, Colorado and Incorporated Areas," dated February 5, 2014 , and any amendments or revisions thereto are hereby adopted by reference and declared to be a part of this article. The location and boundaries of the SFHA shall be as shown in the following engineering reports and accompanying maps : 1. Digital Flood Insurance Rate Map (DFIRM) panels dated February 5, 2014 for portions of the City of Wheat Ridge. The DFIRM constitute the current flood insurance study for the City of Wheat Ridge and is fully incorporated herein by this. The DFIRM which constitute the flood insurance study is on file at the Wheat Ridge Municipal Building , 7500 West 29th Avenue , Wheat Ridge, Colorado. H. Severability. These regulations and various parts thereof are hereby declared to be severable. Should any section of these regulations be declared by a court of competent jurisdiction to be unconstitutional or invalid , such decision shall not affect the validity of these regulations as a whole, or any portion thereof other than the section so declared to be unconstitutional or invalid . Sec. 26-804. Special Flood Hazard Area. A. Application and description . 1. The SFHA includes all lands that are inundated by the 1 00-year flood as shown on the official maps and engineering reports for the City of Wheat Ridge . Figure 26-804.1-Special Flood Hazard Area 2. Based upon the official maps and engineering reports for the City of Wheat Ridge , the SFHA contains several elements . (see Figure 26-804 .1 above). 3. The respective regulations of section 26-805 and section 26-806 shall regulate all lands within the SFHA. Sec. 26-805. Floodway Regulations. A. Application and description. These regulations shall apply to all properties designated as within the Floodway . Floodways are administrative limits and tools used to regulate existing and future floodplain development. The State of Colorado has adopted floodway standards that are more stringent than the FEMA min imum standard (see definition of floodway in Section 26-802). Located within SFHA established in Sec . 26-804, are areas designated as floodways . Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris , potential projectiles and erosion potential , the following provisions shall apply : 1. Encroachments are prohibited , including fill, new construction , substantial improvements and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed by a registered professional engineer and in accordance with standard engineering practice that the proposed encroachment would not result in any increase (requires a No-Rise Certification) in flood levels within the community during the occurrence of the base flood discharge . 2. If Sec. 26-805 . A. 1. above is satisfied , all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 26-806. 3. Under the provisions of 44 CFR Chapter 1, Section 65 .12 , of the National Flood Insurance Regulations , a community may permit encroachments within the adopted regulatory floodway that would result in an increase in Base Flood Elevations, provided that the community first applies for a CLOMR and floodway revision through FEMA. B. Permitted uses. The following open uses shall be permitted within the floodway to the extent that they are not prohibited in a particular area by any underlying zoning and do not include any structures , filling or deposition of materials , and do not cause any increase in the base flood elevation of the floodway . 1. Agricultural uses such as general farming , pasture , forestry , and urban gardens ; 2. Public and private recreational uses not requiring permanent or temporary structures such as parks , swimming areas , picnic grounds , wildlife and nature preserves , and fishing and hiking areas ; 3. Utility facilities such as ditches , transmission lines , pipelines , water monitoring devices , roadways , and bridges ; 4 . Uses very similar in nature to these permitted uses may be allowed , provided that they are consistent with the provisions of these regulations . Except for the agricultural uses , the other uses shall require a class 1 floodplain permit in accordance with Section 26-808 . C . Special exceptions . The following uses are permitted in the floodway subject to special requirements as noted : 1. Structures for human occupancy which were in existence as of February 26 , 2001 , subject to section 26-807 (nonconforming uses) and the requirements of section 26-806.D ., E. and F., provided , however, that a floodplain permit shall not be required . D. Prohibited uses. 1. Structures , fill , or deposition of materials shall be prohibited in the floodway . 2 . The storage or processing of materials that are buoyant , flammable, or explosive , or any hazardous liquid or soluble matter which in times of flooding could be injurious to human , animal or plant life shall be prohibited within the floodway . Sec. 26-806. Special Flood Hazard Area Regulations. A. Application and description . These regulations shall apply to all properties designated as within the SFHA. B. Permitted uses. The permitted uses in the SFHA are the same as those uses permitted in section 26- 805B. However, in the SFHA, floodplain permits may be applied for as specified in paragraphs C . and D. C . Prohibited uses hazardous materials. The storage or processing of materials that are buoyant, flammable , or explosive , or any hazardous liquid or soluble matter which in times of flooding could be injurious to human , animal, or plant life shall be prohibited within the SFHA. D . Development standards . The following regulations shall apply to all permitted development and uses within the SFHA: 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation . 2. All development shall be evaluated based on any analysis of an equal degree of encroachment based on conveyance of the 1 00-year flood extending for a sign ificant reach on both sides . 3. No SFHA uses shall adversely affect the efficiency of or unduly restrict the capacity of the channels or floodways of any tributaries to the main stream , drainage ditches , or any other drainage facilities or systems. 4 . All new construction and substantial improvements shall be anchored to prevent flotation , collapse , or lateral movement of the structure and to withstand hydrodynamic loads . 5. All new construction , substantial improvements , and fences shall be constructed with materials and utility equipment resistant to flood damage . 6 . All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage . 7. Electr ical, heating , ventilation , plumbing , and air conditioning equipment and other service fac ilit ies shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. 8. All development proposals shall have adequate drainage provided to reduce exposure to flood damage . 9. All new and replacement water supply, sanitary sewage , or onsite disposal systems shall be designed and located so as to minimize or eliminate infiltration of floodwaters into them and discharge from the systems into floodwaters . 10 . All subdivision proposals shall be consistent w ith the need to minimize flood damage . 11 . All development proposals shall have public utilities and facilities , such as sewer , gas , electrical , and water systems , located and constructed to minimize flood damage. 12 . All manufactured homes to be placed within the SFHA must be elevated and anchored to resist flotation , collapse , or lateral movement and capable of resisting the hydrostatic and hydrodynamic loads created by the 100-year flood. Methods of anchoring may include , but are not limited to , use of over-the-top and frame ties to ground anchors . Specific requirements may be: a. Over-the-top ties shall be provided at each of the four (4) corners of the manufactured home , with two (2) additional ties per side at intermediate locations and manufactured homes less than fifty (50) feet long requiring one (1) additional tie per side ; b. Frame ties shall be provided at each corner of the home , with five (5) additional ties per side at intermediate points and manufactured homes less than fifty (50) feet long requiring four (4) additional ties per side ; c . All components of the anchoring system shall be capable of carrying a force of four thousand eight hundred (4 ,800) pounds ; and d. Any additions to the manufactured home shall be similarly anchored . 13 . Any fill or deposition of materials must be shown to have some beneficial purpose and the amount thereof will not be greater than is necessary to achieve that purpose , as demonstrated by a plan submitted by the owner showing the final dimensions of the proposed fill or other material and the use to which the filled land will be put. 14 . Any fill or deposition that does reduce hydraulic capacity shall requ ire appropriate hydraulic studies including an equal degree of encroachment analysis and a review of the urban impact of such reduction . 15. Any fill or deposition will be protected against erosion by riprap , strong vegetative cover, bulkheading , or other accepted means of erosion protection . 16. Enclosures. New construction and substantial improvements , with fully enclosed areas below the lowest floor that are usable solely for parking of vehicles , building access, or storage in an area other than a basement and which are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters . Designs for meeting this requirement must either be certified by a registered Colorado Professional Engineer or architect or meet or exceed the following minimum criteria : a . A minimum of two openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided . b. The bottom of all openings shall be no higher than one foot above grade . c . Openings may be equipped with screens , louvers , valves , or other coverings or devices provided that they permit the automatic entry and exit of floodwaters . E. Properties removed from the floodplain by fill. The following regulations shall apply to all permitted development and uses within the properties that have been removed from the floodplain by the issuance of a FEMA Letter of Map revision Based on Fill (LOMR-F) to at least one (1) foot above the base flood level that existed prior to the placement of fill : 1. All new structures which are walled and roofed and greater than one hundred twenty (120) square feet in size must be elevated one (1) foot above the base flood elevation that existed prior to the placement of fill . 2 . All new construction and substantial improvements shall be constructed with materials and utility equipment resistant to flood damage . 3. All new construction and substantial improvements shall be constructed by methods and practices that minimize flood damage . 4 . Electrical , heating , ventilation , plumbing , and air conditioning equipment and other service facilities shall be designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. F. Critical facilities . A critical facility is a structure or related infrastructure, but not the land on which it is situated , as specified in Rule 6 of the Rules and Regulations for Regulatory Floodplains in Colorado , that if flooded may result in significant hazards to public health and safety or interrupt essential services and operations for the community at any time before , during and after a flood . 1. CLASSIFICATION OF CRITICAL FACILITIES . It is the responsibility of the city council to identify and confirm that specific structures in their community meet the following criteria : Critical facilities are classified under the following categories: (a) Essential Services ; (b) Hazardous Materials ; (c) At-risk Populations ; and (d) Vital to Restoring Normal Services. a. Essential services facilities include public safety , emergency response , emergency medical , designated emergency shelters , communications , public utility plant facilities , and transportation lifelines . These facilities consist of: (1) Public safety (police stations, fire and rescue stations , emergency vehicle and equipment storage , and , emergency operation centers); (2) Emergency medical (hospitals , ambulance service centers , urgent care centers having emergency treatment functions , and non-ambulatory surgical structures but excluding clinics , doctors offices , and non-urgent care medical structures that do not provide these functions); (3) Designated emergency shelters ; (4) Communications (main hubs for telephone , broadcasting equipment for cable systems , satellite dish systems, cellular systems , television, radio , and other emergency warning systems , but excluding towers , poles , lines , cables , and conduits); (5) Public utility plant facilities for generation and distribution ( hubs , treatment plants, substations and pumping stations for water, power and gas , but not including towers , poles , power lines , buried pipel ines , transmission lines , distribution lines , and service lines); and (6) A ir Transportation lifelines (airports (municipal and larger), helicopter pads and structures serving emergency functions , and associated infrastructure (aviation control towers , air traffic control centers , and emergency equipment aircraft hangars). Specific exemptions to this category include wastewater treatment plants (WWTP), non- potable water treatment and distribution systems , and hydroelectric power generating plants and related appurtenances . Public utility plant facil ities may be exempted if it can be demonstrated to the satisfaction of the city council that the facility is an element of a redundant system for which service will not be interrupted dur ing a flood . At a minimum , it shall be demonstrated that redundant facilities are available (e ither owned by the same utility or available through an intergovernmental agreement or other contract) and connected , the alternative facilities are either located outside of the 100- year floodplain or are compliant with the provisions of this Section , and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a flood. Evidence of ongoing redundancy shall be provided to the city council on an as-needed basis upon request. b. Hazardous materials facilities include facilities that produce or store highly volatile , flammable , explosive , toxic and/or water-reactive materia ls. These facilities may include: (1) Chemical and pharmaceut ical plants (chemical plant, pharmaceutical manufacturing); (2) Laboratories containing highly volatile , flammable , explosive , toxic and/or water-reactive materials ; (3) Refineries ; (4) Hazardous waste storage and disposal sites ; and (5) Above ground gasoline or propane storage or sales centers. Facilities shall be determined to be critical facilities if they produce or store materials in excess of threshold limits . If the owner of a facility is required by the Occupational Safety and Health Administration (OSHA) to keep a Material Safety Data Sheet (MSDS) on file for any chemicals stored or used in the work place and the chemical(s) is stored in quantities equal to or greater than the Threshold Planning Quantity (TPQ) for that chemical , then that facility shall be considered to be a critical facility. The TPQ for these chemicals is: either 500 pounds or the TPQ listed (whichever is lower) for the 356 chemicals listed under 40 C .F.R. § 302 (2010), also known as Extremely Hazardous Substances (EHS); or 10,000 pounds for any other chemical. This threshold is consistent with the requirements for reportable chemicals established by the Colorado Department of Health and Environment. OSHA requirements for MSDS can be found in 29 C .F.R. § 1910 (2010). The Environmental Protection Agency (EPA) regulation "Designation , Reportable Quantit ies , and Notification ," 40 C .F.R. § 302 (2010) and OSHA regulation "Occupational Safety and Health Standards ," 29 C.F .R. § 1910 (2010) are incorporated here in by reference and include the regulations in existence at the time of the promulgation this ordinance , but exclude later amendments to or editions of the regulations Specific exemptions to th is category include : (1) Finished consumer products within retail centers and households containing hazardous materials intended for household use , and agricultural products intended for agricultural use . (2) Buildings and other structures containing hazardous materials for which it can be demonstrated to the satisfaction of the local authority having jurisdiction by hazard assessment and certification by a qualified professional (as determined by the local jurisdiction having land use authority) that a release of the subject hazardous material does not pose a major threat to the public . (3) Pharmaceutical sales , use , storage , and distribution centers that do not manufacture pharmaceutical products . These exemptions shall not apply to buildings or other structures that also function as critical facilities under another category outlined in this Section . c . At-risk population facilities include medical care , congregate care , and schools . These facilities consist of: (1) Elder care (nursing homes); (2) Congregate care serving 12 or more individuals ( day care and assisted living); (3) Public and private schools (pre-schools , K-12 schools), before-school and after-school care serving 12 or more children); d. Facilities vital to restoring normal services including government operations . These facilities consist of: (1) Essential government operations (public records , courts , jails , building permitting and inspection services , community administration and management , maintenance and equipment centers); (2) Essential structures for public colleges and universities (dormitories , offices , and classrooms only). These facilities may be exempted if it is demonstrated to the city council that the facility is an element of a redundant system for which service will not be interrupted during a flood . At a minimum , it shall be demonstrated that redundant facilities are available (either owned by the same entity or available through an intergovernmental agreement or other contract), the alternative facilities are either located outside of the 1 00-year floodplain or are compliant with this ordinance , and an operations plan is in effect that states how redundant facilities will provide service to the affected area in the event of a flood . Evidence of ongoing redundancy shall be provided to the city council on an as-needed basis upon request. 2. PROTECTION FOR CRITICAL FACILITIES . All new and substantially improved critical facilities and new additions to critical facilities located within the SFHA shall be regulated to a higher standard than structures not determined to be critical facilities . For the purposes of this Section , protection shall include one of the following: a. Location outside the SFHA ; or b. Elevation of the lowest floor or floodproofing of the structure , together with attendant utility and sanitary facilities , to at least two feet above the base flood elevation . 3. INGRESS AND EGRESS FOR NEW CRITICAL FACILITIES New critical facilities shall , when practicable as determined by the city council , have continuous non-inundated access (ingress and egress for evacuation and emergency services) during a1 00-year flood event. Sec. 26-807. Nonconforming uses and structures. The existing lawful use of a structure or premises which is not in conformity with the provisions of these regulations may be continued subject to the following conditions : A. No such use shall expand or enlarge the nonconformity except in compliance with the provisions of these regulations. B. No substantial improvement to any nonconforming structure over the life of the structure shall be allowed unless the nonconforming structure is permanently changed to a conforming structure. C. If such use is discontinued for two (2) consecutive years , any future use of the building and premises shall conform to these regulations . D. Uses or adjuncts thereof which are nuisances shall not be permitted to continue as nonconforming uses . E. Any alteration, addition , or repair to any nonconforming structure permitted pursuant to subsection B ., above , shall be protected by floodproofing measures pursuant to section 26-808C.4.a . Sec. 26-808. Administration. A. Floodplain administrator. The director of public works of the City of Wheat Ridge or designee shall be the floodplain administrator . The duties of the administrator shall include , but not be limited to: 1. Coordination between departments and divisions : a . Coordinate the application, permit, review, appeal, certification, and enforcement processes between the office of the floodplain administrator and other departments and divisions as appropriate to ensure compliance with these regulations and an efficient use of staff. b. All applications and certifications shall be submitted to the department of public works from which further routing to other departments and divisions and utility companies shall occur . c. All administrative decisions require the property to be posted for fifteen (15) days. If no protests are filed , the permit may be issued by the floodplain administrator. If a protest is filed , then a public hearing before the board of adjustment will be scheduled following the applicable noticing and other requirements of section 26-109 . 2. Development permit review: a. Review all development permits , which include building permits , to determine whether a property is within the SFHA and that the applicable requirements of these regulations have been satisfied. b. Rev iew all development permits to determine that all necessary permits have been obtained from federal , state , or local governmental agencies from which prior approval is required. 3 . Information to be obtained and maintained: a. Obta in certification from applicant's engineer and record the actual elevation (in relation to mean sea level) of the lowest floor (including basement) of all new or substantially improved structures. b. Maintain for public inspection all records pertaining to the provisions of these regulations . c. All records required by these regulations shall be maintained with the associated development permits in the department of public works . 4 . Use of other base flood data. When base flood elevation data has not been provided by the applicant or his representative , the floodplain administrator may obtain , review, and reasonably utilize any base flood and floodway elevation data available from federal , state, or other sources as criteria for requiring that new construction , substantial improvements, or other development in the SFHA in order to administer subsections 26-806C ., D . and F . 5 . Alteration or relocation of watercourses: a. No alteration or relocation of a watercourse shall occur without the approval of the floodplain administrator . Consideration of gravel extraction operations shall be in accordance with state law (C .R.S . § 3-4-1-301 ). b. Upon receiving approval, the applicant shall notify adjacent communities and the Colorado Water Conservation Board prior to any alteration or relocation of a watercourse and submit evidence of such notification to FEMA. The applicant shall provide all data required by FEMA for a letter of map revision . c . The carrying capacity of an altered or relocated watercourse shall be maintained. 6. Interpretation of digital flood insurance rate map (DFIRM) boundaries . The floodplain administrator shall make interpretations, where needed , as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). Any person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in subsection B., below. B. Mapping disputes. The following procedure shall be used by the floodplain administrator in deciding contested cases in which the location of a district boundary is disputed : 1. In all cases , the person contesting the location of the district boundary shall be given a reasonable opportunity to submit his own technical evidence if he so desires . The floodplain administrator shall not allow deviations from the boundary line as mapped . If the evidence clearly and conclusively establishes that the mapped location of the line is incorrect , a FEMA letter of map revision must be completed by the applicant prior to the issuance of a development permit. 2 . The administrator shall render a written opinion within thirty (30) days following receipt of the applicant's technical evidence setting forth the findings of fact and the reasons for the decision . 3. Applicants shall have the right to appeal such decisions to the board of adjustment. Application for appeal must be made within thirty (30) days. C . Floodplain permits : 1. Application. There shall be two (2) types of floodplain permits : Class I and Class II. The approval of either floodplain permit does not substitute for any other permit that may be required by city ordinance , such as building permits . 2 . Floodplain permit-Class I. Any use enumerated in this paragraph may be permitted only upon the issuance of a Class I floodplain permit by the floodplain administrator and in compliance with section 26-806 . D. a. Structures for non-human occupancy. Fences , sheds , signs , and accessory buildings may be permitted only upon a finding that the structures do not create a negative impact on the base flood elevation or flow velocity. b. Structures for human occupancy. Improvements to existing structures may be permitted only upon a finding that the improvements proposed are not substantial improvements, as defined in section 26-802 c . Fill or deposition of material. Fills or deposition of materials may be permitted only upon a finding that the proposed plan will comply with section 26-806 . D. 3. Floodplain permit-Class II . Any use enumerated in this paragraph may be permitted only upon the issuance of a Class II floodplain permit by the board of adjustment after a public hearing and in compliance with section 26-806 . D. a . Structures for human occupancy. New construction or substantial improvement of any residential, commercial, industrial, or other nonresidential structure may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that the lowest floor, including basement, is elevated to one (1) foot or more above the base flood elevation. b. Manufactured homes. New manufactured home parks and manufactured home subdivisions , expansions of existing manufactured home parks and manufactured home subdivisions , and existing manufactured home parks and manufactured home subdivisions where the repair, reconstruction or improvement of the street utilities exceeds fifty (50) percent of the fair market value of the streets, utilities, and pads before the repair, reconstruction , or improvement has commenced, and for manufactured homes not placed in a manufactured home park or manufactured home subdivision, may be permitted only upon a certification by a registered professional engineer to the floodplain administrator that: (1) All manufactured homes or those to be substantially improved shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated one (1) foot or more above the base flood elevation and is securely anchored to an adequately anchored foundation system . Manufactured homes shall be anchored in accordance with subsection F .12. of this section; and (2). Adequate surface drainage and access for a hauler will be provided. 4 . Submittal requirements . The applicant for a floodplain permit shall provide the following information as a part of the application , unless waived by the administrator: a. Completed application form and required application fee , b. A plan certified by a registered engineer, competent in open-channel hydraulics , which accurately locates the applicant's property with respect to the SFHA limits , channel of stream , existing developments , together with all pertinent information such as : the nature of the proposal; legal description of the property; fill limits and elevations ; building's lowest floor elevations in relation to the datum used on the FEMA map and study; floodproofing measures and elevation in relation to mean sea level to which any structure has been floodproofed; a report covering the effects of equal degree of encroachment of other nearby properties of the SFHA ; and a description to the extent to which any watercourse will be altered or relocated as a result of the proposed development. c. In addition, all subdivision proposals and other proposed new developments which are located in any SFHA shall include within such proposals base flood elevations. d. As much of the following additional information as is deemed necessary by the floodplain administrator for the evaluation of the effects of the proposal upon flood flows and the floodplain and to render a decision on the floodplain permit: (1) A typical cross-section showing the channel of the stream, the floodplain adjoining each side of the channel, cross-sectional area to be occupied by the proposed development, and high-water information . (2) Plan (surface view) showing elevations or contours of the ground ; pertinent structure, fill, or storage elevations ; size, location , and spatial arrangement of all proposed and existing structures on the site; location and elevations of streets, water supply, and sanitary facilities; soil types; and other pertinent information. (3) Profile showing the slope of the 1 00-year flood and the bottom of the channel or thalweg of the stream. (4) Specifications for building construction and materials , floodproofing, filling, dredging, grading, channel improvement , storage of materials, water supply, and sanitary facilities . (5) Hydraulic calculations for all proposed channelization . 5. Factors upon which the decision shall be based. The determination of the floodplain administrator or the board of adjustment on each floodplain permit shall be based on the effects of the proposed project with respect to the objectives and purpose of these regulations as stated in section 26-801 6. Conditions attached to floodplain permits. Upon consideration of the factors listed above and purposes of these regulations , the floodplain administrator or board of adjustment may attach such conditions as deemed necessary in furthering the purposes of these regulations . A copy of these conditions shall be presented to the applicant and a copy of these conditions shall be transmitted to the chief building official , which shall be kept on file. Such conditions may include specifications for , without limitation because of specific enumeration, modification of sewage disposal and water supply facilities , modification of other waste disposal methods and facilities , landscaping periods of operation, operational controls , sureties , deed restrictions , and adequate floodproofing . a . Floodproofing : Floodplain permits requiring floodproofing measures such as the following shall be designed consistent with the flood protection elevation for the particular area and flood velocities , forces , and other factors associated with the flood protection elevation. The floodplain administrator shall require that the applicant submit a plan or document certified by a registered professional engineer that the floodproofing measures are consistent with the flood protection elevation for the particular area. Flood proofing measures may include the following : (1) Anchorage to resist flotation and lateral movement. (2) Installation of watertight doors , bulkheads , and shutters. (3) Reinforcement of walls to resist water pressures . (4) Use of paints , membranes , or mortars to reduce seepage of water through walls. (5) Addition of mass or weight to structures to resist flotation . (6) Installation of pumps to lower water levels in structures . (7) Construction of water supply and waste treatment systems to prevent the entrance of floodwaters . (8) Pumping facilities for subsurface drainage systems for buildings to relieve external foundation wall and basement floor pressures . (9) Construction to resist rupture or collapse caused by water pressure or floating debris. (1 O)Cutoff valves on sewer lines or the elimination of gravity flow basement drains. Furthermore, measures must be taken to ensure that the construction does not in any way cause the 1 00-year flood to become more damaging to other residents within the SFHA. 7. Class I floodplain permits ; timeliness of decision . The floodplain administrator shall render a written decision granting or denying the floodplain permit application . If a denial is made , the decision shall set forth the floodplain administrator's findings of fact and reasons for the denial. Applicants shall have the right to appeal any adverse decision to the board of adjustment. Such appeal must be filed with the board of adjustment within thirty (30) days from the date of the floodplain administrator's decision. D. Review by the board of adjustment. 1 . The board of adjustment of the City of Wheat Ridge shall hear and decide appeals of Class I floodplain perm its which have been denied or conditionally approved by the floodplain administrator and requests for Class II floodplain permits as provided within these regulations. 2. The board of adjustment shall hear and decide appeals of Class I floodplain permits when it is alleged there is an error in any requirement , decision , or determination made by the floodplain administrator in the enforcement or admin istration of these regulations . Any decision in favor of the applicant shall be considered a variance . 3. Those aggrieved by the decision of the board of adjustment may appeal such decisions to the Jefferson County District Court, as provided by the Wheat Ridge Code of Laws . 4. In passing upon such application , the board of adjustment shall consider all technical evaluation , all relevant factors , standards specified in other sections of these regulations , and : a . The danger that materials may be swept into other lands to the injury of others ; b. The danger to life and property due to flooding or erosion damage ; c . The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the indiv idual owner; d. The importance of the services provided by the proposed facility to the community ; e. The necessity to the facility of a waterfront location , where applicable ; f. The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage ; g. The compatibility of the proposed use with the existing and ant icipated development; h . The relationship of the proposed use to the comprehensive development plan and floodpla in management program for the area ; i. The safety of access to the property during t imes of flood for ordinary and emergency vehicles ; j. The expected he ights , velocity, duration , rate of rise , and sediment transport of the floodwaters expected at the site ; k . The costs of providing governmental services during and after flood conditions , including maintenance and repair of public utilities and facilities , such as sewer, gas, electrical , and water systems , streets , and bridges. 5. Upon consideration of the factors of subsection 0.4 ., above , the board of adjustment shall affirm or reverse , in whole or in part , the decision of the floodplain admin istrator (with respect to Class I floodplain permits), and may attach such conditions to the granting of floodplain permits or variance as it deems necessary to further the purposes of these regulations . 6. The floodplain administrator shall maintain the records of all appeal actions , including technical information , and report any variance to FEMA, upon request. E. Conditions for class 1 floodplain permit variances . 1. Variances may be issued for the reconstruction , rehabilitation , or restoration of structures listed on the National Register of Historic Places or the state inventory of historic places , upon a determination that the proposed repair or rehabilitation will not preclude the structure's continued designation as a historic structure and the variance is the min imum necessary to preserve the historic character and design of the structure .. 2. Variances shall not be issued within any designated floodway. 3. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard , to afford relief. 4. Variances shall only be issued upon: a. A showing of good and sufficient cause; b. A determination that failure to grant the variance would result in exceptional hardship to the applicant ; and c . A determination that the granting of a variance will not result in increased flood heights , additional threats to public safety, extraordinary public expense, or create nuisances , cause fraud on , or victimization of the public as identified in section 26-801 (c), or conflict with existing local laws or ordinances . Sec. 26-809. Certificate of compliance. A. No vacant land shall be occupied or used, and no building hereafter erected, altered , or moved into the SFHA until a floodplain permit has been issued by the floodplain administrator or the board of adjustment indicating that the use or proposed use or structure complies with the provisions herein . B. A certificate of compliance shall be requested for upon completion of any project , construction, or use for which a floodplain permit was granted . The use permitted by the project shall not commence until a certificate of compliance is issued . C. Issuance of a certificate of compliance by the floodplain administrator shall be required before a certificate of occupancy or completion may be issued by the department of community development. The certificate of compliance shall indicate that there has been compliance with these SFHA regulations and any conditions attached to a floodplain permit. D. The floodplain administrator shall require the applicant, when required by Section 26-808. C. 2., to submit a certification by a registered professional engineer that the finished fill and building floor elevations , floodproofing measures , or other flood protection factors were accomplished in compliance with the provisions of these regulations and any conditions attached to a floodplain permit. The floodplain administrator shall within ten (1 0) days after receipt of such certification from the applicant issue a certificate of compliance only if the building or premises and the proposed use thereof conform with all the requirements of these regulations and any conditions attached to a floodplain permit . Said submitted certification , along with a copy of the certificate of compliance , shall be kept on record in the department of public works . Sec. 26-810 . Enforcement and penalties. Every structure , building , fill , or development placed or maintained within the SFHA in violation of these regulations is a public nu isance and the creation thereof may be enjoined and maintenance thereof may be abated by action at suit of the City of Wheat Ridge , the state , or any citizen thereof. Any person who places or maintains any structure , building , fill , or development within the SFHA in violation of these regulations shall be guilty of a misdemeanor and , upon conviction thereof , shall be fined not more than one thousand dollars ($1 ,000 .00) or imprisoned not more than one (1) year or both. Each day during which such violation exists is a separate offense. In the event it becomes necessary for the city to bring action to enjoin or abate any such violation of this section , the city shall be entitled to recover , in addition to any fine or penalty imposed hereby, its cost of bringing said action and/or abating any such structure , building , fill , or development placed or maintained within the SFHA , which costs shall include attorneys' fees as well as the actual costs incurred by the city. Sees. 26-811-26-900. Reserved. INTRODUCED, READ, AND ADOPTED on first reading by a vote of to ___ on this gth day of December, 2013, ordered published with Public Hearing and consideration on final passage set for January 13th, 2014, at 7:00p.m., in the Council Chambers, 7500 W . 29 1 h, Wheat Ridge, CO, and that it take effect 15 day after final publication. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this 13th day of January, 2014. SIGNED by the Mayor on this ____ day of _________ , 2014. ATIEST: Janelle Shaver, City Clerk First Publication: Second Publication: Wheat Ridge Transcript Effective Date: Joyce Jay, Mayor Approved As To Form Gerald E. Dahl, City Attorney -~., City of :?WheatR.i_dge ITEMN0:_2_ DATE: December 9 , 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO AWARD ITB-13-26, FOR THE CONSTRUCTION OF A PARK AT 44™ AND KENDALL, TO GOODLAND CONSTRUCTION, INC. OF GOLDEN, COLORADO, IN THE AMOUNT OF $901,405.90, WITH AN ADDITIONAL CONTINGENCY AMOUNT OF $90,000 D PUBLIC HEARING C8] BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES C8] NO ~ ~t7Df u flll~ u nd Recreation Director ISSUE: The 1992 and 2006 Parks and Recreation Master Plans identified the northeastern quadrant of Wheat Ridge as an area underserved in neighborhood parks. The City acquired a two-and-one- half acre site with Jefferson County Open Space funds for the purpose of constructing a neighborhood park. This site is located on the north side of 44th A venue at approximately Kendall Street in Council District II. This award includes the base bid amount of$877,420.90 and Add Alternate #10 in the amount of $23,985 for a total of$901 ,405.90. Alternate #10 includes a second shade shelter, picnic tables and grill. PRIOR ACTION: City Council approved appropriations for the design and construction of this park in the 2013 Open Space and Conservation Trust Fund budgets. A contract was awarded to DHM Design for park design services at the January 14, 2013 City Council meeting. Council Action Item December 9 , 2013 Page2 Three public input design meetings were held on February 20, March 6, and March 13 at the Active Adult Center. Approximately 500 postcards were sent to residents in the radius of the area and approximately 50 individuals participated over the course of the three meetings. A final master plan for the park was recommended by the Parks and Recreation Commission for approval by City Council. City Council approved the master plan for the park on April 1, 2013. FINANCIAL IMPACT: Funding for all components of the project is appropriated from three sources : 1) The Conservation Trust Fund (lottery dollars) 2) The City's attributable share of Jefferson County Open Space Funds , and 3) Jefferson County Open Space Local Government grant award in the amount of $211 ,000. The amount of$901 ,405 .90 is to be charged to the following accounts : #54-601-800-861 in the amount of$250,000 #54-60 1-800-872 in the amount of $90,000 #32-601-800-864 in the amount of$561 ,405.90 #32-60 1-800-864 contingency amount of $90,000 BACKGROUND: The public process for gathering input for the park design was received through three neighborhood meetings, Parks and Recreation Commission meetings, and a City Council Study Session. The 2006 Parks and Recreation Master Plan was referenced as a resource for recommended park amenities in the design development process. The design consultant developed three conceptual designs for the park. Through the public input process , a final master plan was developed incorporating the ideas received from the meetings. The bid award does not include Add Alternates 1-9 as listed on the master plan due to budget restraints. These amenities as listed in the add alternates will be added into the project with contingency funds as the construction progresses and contingency funds are not used for unexpected items. Bids for construction ofthe park were solicited through a formal process. ITB-13-26 was advertised in mid-October and resulted in submittal and acceptance often bid responses on November 19 , 2013. Two of the ten base bids were within budget. Goodland Construction, Inc. provided the lowest responsive and responsible bid and they are also the low bidder when including Add Alternate #1 0. Council Action Item December 9, 2013 Page 3 RECOMMENDATIONS: Staff recommends award of the construction contract for the future park at 44th and Kendall Street to meet the recommendations of the Parks and Recreation Master Plan for this underserved area. RECOMMENDED MOTION: "I move to award ITB-13-26 , for the construction of a park at 44th and Kendall , to Goodland Construction, Inc. for $901 ,405 .90, with an additional contingency runow1t of$90,000. Or, "I move to deny award ofiTB-13-26, for the construction of a park at 44th and Kendall , to Goodland Construction, Construction , Inc., Golden, Colorado in the runount of $901 ,405 .90, with an additional contingency runount of$90,000 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Joyce Manwaring, Parks and Recreation Director Jennifer Nellis, Purchasing Agent Patrick Goff, City Manager ATTACHMENTS: 1. 44th and Kendall Master Plan 2. Bid Tabulation Sheet ADA ACCI IBLI PORTABLE U .ITI.OOW WITH I!NCLOSUitli w . CONCRETE MU L TI·USE SPORTS COURT --------------------------- ORHAWINTAL TaU, 1TP·ICAL -------------l TIWPOU.Rl\.Y IARIOAT&O NATIVIIUD, TTI .. C.u----------------lio\-1 OECIDUOUIIHADE Tlt'U, n••oc.,L----------~ IVUC&UN TAll. TTI"C•U------------- 44th & Kendall Neighborhood Park Whea t Ridge, Colorado Attachment 1 .••., TIWPOAA&ILY IAII.IOATID JoiATIVI SUO, TYPICAL !YIIOUitf TaU, TYPICAL DICIDUOUI IHADE Tall, TYPICAL I RRIG ATED BLUEGRASS TU RF OPEN PL AY FIELD O&HAWINTAL TRill, TYPICAL TIWPOitAitiLY IIAIOAT!D NATIVI! liED, TYPICAL PLAYGROUND INTERM ED I ATE PLAYGROUND TIWPOUAILY lltAIOATIO JoiATIVI SUD, TYPICAL OATIWAY FIATU&E.II!T WITHIN THI LANOICAPL TYPICAL IN LAWN FOR Jf.ATINO DECOAAn\'1: FINCINO fOR A&CHITICTUilAL INTIEUIT ASPH ALT PARKING LOT !TOTAL Of 6 SPA CES) DlCIDUOUI IKADIITRUT nus. n ·-o· oN CINnR ~ ~~ IIMIUIU E. NORT H I"' • JO'.O"' OJ,IJ.IJ As read at bid opening, subject to revi ew for completeness and accuracy. PROJECT: ITB-13·26 Park Construction 44th and Kendall City of D -i....l,. Wlieat,~e REQUESTED BY: Mark Ruote, Parks, Forestry and Open Space . DUE DATE/TIME: TUESDAY, November 19,2013 BY 1 P.M. LOCAL TIME OPENED BY: Jennifer Nellis, Purchasing Agent 4#f) WITNESSED BY: Karen Picariello , PURCHASING TECHNIOAN ~~ American Civil Colorado Goodland VENDOR Constructors Calahan Construction Designscapes ECt Construction, Inc LOCATION littleton, CO Denver,CO Centennial, CO loveland, CO Golden, CO BIDDER ACKNOWLEDGEMENT FORM Yes Yes Yes Yes Yes ACKNOWLEDGE ADDENDUM (3) Yes Yes Yes Yes Yes CONTRACTOR'S QUALIFICATION FORM Yes Yes Yes Yes Yes NON-OISCRIMINATfON ASSURANCE FORM Yes Yes Yes Yes Yes IllEGAl AUEN COMPUANCE Yes Yes Yes Yes Yes LIST OF SUB-CONTRACTORS Yes Yes Yes Yes Yes NON -COLLUSION AFFADAVIT Yes Yes Yes Yes Yes BID BOND -5% Yes Yes Yes Yes Yes BASE BID, TOTAL: $964,899.50 $959,725.00 $880,222 $1,040,316.17 $877,420.90 BID ALTERNATE #1 14,625 .00 5 ,807.00 11 ,425.00 11 ,132.00 15,400.00 ,BID AL TERNA fE #2 11.700.00 6 ,192.00 14,400.00 11 ,088.00 16.020.00 BID ALTERNATE~ 11 ,750 .00 2 ,083.00 11 ,500.00 6,500.00 3,250.00 BID Al.. TERNATE #4 13,200 .00 s.1n.oo 3 ,090.00 5 ,790 .00 4 ,710 .00 BID AlTERNATE #5 2 ,100.00 4.820.00 750 .00 702 .00 3 ,250 .00 BID ALTERNATE #6 . 8 ,950.00 3,686.00 11 .030 .00 16,902.00 17,200 .00 BID ALTERNATE #7 21,525.00 18 ,848.00 22 ,140.00 19,065.00 12,915 .00 BID ALTERNATE #8 5,250.00 4,597 .00 5,400.00 4.950 .00 3,150.00 BID AlTERNATE #9 17,750.00 8,324 .00 750.00 6.763.00 4 ,100.00 BID ALTERNATE #1 0 20,395 .00 21 ,252 .00 21 ,600.00 16,825.00 23 ,985.00 pagel of2 Attachment 2 As read at bid opening, subject to review for completeness and accuracy. . City of WheatRi_dge PROJECT: ITB-13-16 Park Construction 44th and Kendall DUE DATE/TIME: TUESDAY, November 19,2013 BY 1 P.M. LOCAL TIME VENDOR Growling Bear Co. Richdell Construction LOCATION Greeley, CO Commerce City, CO SIGNATURE PAGE Yes Yes ACKNOWLEDGE ADDENDUM 3) Yes Yes CONTRACTOR 'S QUALIFICATION FORM Yes Yes NON -DISCRIMINATION ASSURANCE FORM Yes Yes ILLEGAL ALIEN COMPLIANCE Yes Yes LIST Of SUB -CONTRACTORS Yes Yes NON-COLLUSION AFFADAVIT Yes Yes BID BOND -5% Yes Yes BASE BID, TOTAL : $1,115,729.48 $972,327.00 BID ALTERNATE #1 63,112 .00 16,500 .00 BID ALTERNATE #2 138,000.00 15.600.00 BID AlTERNATE #3 143,750 .00 13 ,000.00 BID AlTERNATE #4 5,004 .00 4 ,320.00 BID ALTERNATE #5 69,000 .00 2,130.00 BID ALTERNATE #6 57 ,500 .00 15.000.00 BID ALTERNATE #7 17,220.00 19 ,680.00 BID ALTERNATE #8 4 ,200 .00 4,995 .00 BID AlTERNATE #9 18 .055 .00 9,000 .00 BID ALTERNATE #10 17 ,707 .00 18 ,427 .00 page 2o/ 2 REQUESTED BY: Mark Ruote, Parks, Forest. ry and Open Space .d. .. OPENED BY: Jennifer Nellis, Purchasing Agent c:J I'' l WITNESSED BY: Karen Picariello , PURCHASING TECHNICIAN ~ Schultz Industries T2 Construction Taylor Kohrs Golden, CO Arvada, CO Denver, CO Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes $1,063,942 .00 $1,024,010.20 $918,178.06 13 ,170 .00 11 ,500 .00 4 ,847 .02 23,370 .00 12 ,756 .00 9,420 .06 6 ,750.00 5,610.00 4 ,825 .90 4 ,350.00 3 ,384.00 1,685 .92 2.070 .00 3 ,186.00 2 ,231 .70 5 ,840 .00 5,300 .00 8,296 .82 23,677.50 22,755.00 11 ,826 .45 5.ns.oo 5,550.00 2 ,884 .50 7,504 .00 9,500.00 6 ,064 .04 19,902 .00 20 ,400 .00 18 ,537.74 ... ~·~ ... ~ r City of • ?WheatRi_dge ITEM NO : 3 . DATE: December 9 , 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE PAYMENT TO ESRI INC. IN THE AMOUNT OF $38,000 FOR THE ANNUAL LICENSE RENEWAL FOR THE GRAPHICAL INFORMATION SYSTEM (GIS) 0 PUBLIC HEARING [gj BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL : D YES [gj NO A~irector ~ ISSUE: The Environmental Systems Research Institute, Inc. (ESRI) is a sole provider of licensing and support of the City's existing Graphical Information System (GIS). Although the company requires a three-year license agreement to receive favorable pricing, the agreement does include a "termination for lack of funds" clause as outlined in Article 5.2 . The annual cost of the licensing and support is $38 ,000 which was approved in the 2013 IT Budget. PRIOR ACTION: Appro ved by Council in 2011 & 2012. FINANCIAL IMPACT: $38 ,000 was approved in the 2013 Budget BACKGROUND: The proposed annual renewal of licensing and support of the ESRI GIS is necessary to maintain engineering, planning, land and parcel data for the City ofWheat Ridge. The City of Wheat Ridge data is survey quality and allows for accurate planning and development of land. The annual renewal of licensing and support will cost $38 ,000 as approved in the Council Act ion Form December 9 , 2013 Page 2 2013 Budget. This package is all-inclusive for licensing and technical support services. It includes software upgrades and bug fixes and patches, plus technical support to implement these software enhancements and fixes . ESRI is the sole source for this software. The continued renewal of the annual licensing and support contract will maintain and keep GIS software up to date and provide the proper licenses to utilize the software. This will be advantageous to the City's Information Technology Division allowing for proactive support and maintenance . RECOMMENDATIONS: Staff recommends approval of the renewal of the ESRI three-year agreement and annual payment for the GIS software and licenses and support. RECOMMENDED MOTION: "I move to approve payment to ESRI , Inc. in the amount of $38 ,000 for the annual renewal of the Graphical Information System." Or, "I move to deny payment to ESRI , Inc. in the amount of$38,000 for the annual renewal of the Graphical Information System for the following reason(s) " REPORT PREPARED/REVIEWED BY: Michael Steinke, IT Manager Heather Geyer, Administrative Services Director Patrick Goff, City Manager ATTACHMENTS: 1. ESRI Quote Quotation# 20429164 Date: June 27 , 2013 ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC. 380 New York St Redlands, California 92373 Customer # 10602 Contract # City of Wheat Ridge IT Dept 7500 W 29th Ave Wheat Ridge , CO 80033-8001 Phone: 18004479778 Fax: 909-307-3049 DUNS Number: 06-313-4175 CAGE Code: OAMS3 To expedite your order, please attach a copy of this quotation to your purchase order. ATTENTION : Michael Steinke PHONE : (303) 235-2824 FAX: 303-234-2824 Quote Is valid from: 0612712013 To: 1212412013 Material 0!): Description Unit Price 110036 1 Populations of 25 ,001 to 50,000 Small Government Term Enterprise 35 ,000.00 License Agreement-Year 1 110036 1 Populations of 25,001 to 50,000 Small Government Term Enterprise 35,000.00 License Agreement-Year 2 110036 1 Populations of 25,001 to 50 ,000 Small Government Term Enterprise 35 ,000.00 License Agreement-Year 3 115572 1 ArcPad Populations of 25 ,001 to 50,000 Small Government Enterprise 750.00 License Agreement-Year 1 115572 1 ArcPad Populations of 25,001 to 50,000 Small Government Enterprise 750.00 License Agreement-Year 2 115572 1 ArcPad Populations of 25,001 to 50,000 Small Government Enterprise 750.00 License Agreement-Year 3 114402 1 ArcGIS Data lnteroperability for Desktop and Server Populations of 25 ,001 2 ,250.00 to 50 ,000 Small Government Enterprise License Agreement-Year 1 114402 1 ArcGIS Data lnteroperability for Desktop and Server Populations of 25 ,001 2 ,250.00 to 50 ,000 Small Government Enterprise License Agreement -Year 2 114402 1 ArcGIS Data lnteroperability for Desktop and Server Populations of 25 ,001 2 ,250 .00 to 50 ,000 Small Government Enterprise License Agreement-Year 3 Item Total : Subtotal: Sales Tax : Estimated Shipping & Handling(2 Day Delivery) : Total 35 ,000.00 35 ,000 .00 35 ,000.00 750 .00 750 .00 750 .00 2 ,250.00 2 ,250.00 2 ,250.00 114,000.00 114,000.00 0.00 0.00 Contract Pricing Adjust: 0.00 Total : $114 ,000 .00 fOr 3jP()(j *3~. wo /year Attachment 1 • Please 1-on you: po6Chase order K this purdlase is fw>ded hough the~ R.......y rod Reinvestment Act. rod-Elri is • Prime Recipient. SuiH'eciplenl. or Vendor lor reporting purposes. Elri tn8Y ch8rge • 1M to «Ner expenses rel81ed to 8nY OJS-requAmenl ID use • specific:-~ ~ or lnvoic8 program. For questions contact: Michael Seybert Email: mseybert@es ri com Phone: 18004479778 x5221 Acceptance of th is quotation is limited to the Esri Ucense Agreement and the Quotation Terms and Conditions This Quotat ion is made in confidence for your review . It may not be disclosed to third parties , except as required by law. If sending remittance, please address to: Esri, File No. 54630, Los Angeles, Ca 9007 4-4630 SEYBERTM This offer Is limited to the terms and conditions Incorporated and attached herein. • esrr SMALL MUNICIPAL AND COUNTY ENTERPRISE LICENSE AGREEMENT Esri , 380 New York St., Redlands , CA 92373-8100 USA • TEL 909-793-2853 • FAX 909-793-5953 This Small Municipal and County Enterprise License Agreement ("ELA") is by and between the organization identified in the ELA Quotation ("Licensee") and Environmental Systems Research Institute, Inc. ("Esri"), with offices at 380 New York Street , Redlands , California 92373-8100 . Unless otherwise agreed to by the parties , the Effective Date of this ELA is the date of the signature below or, if no date is provided with the signature , the date of Esri's receipt of Licensee's Order citing this ELA . This ELA grants Licensee certain rights to use specific Esri Products for a limited , fixed period beginning from the Effective Date and provides tailored maintenance subject to payment of fees and the terms of this ELA . This ELA incorporates the ELA Quotation by reference and comprises (i) this signature page , (ii) the ELA Terms and Conditions , (iii) Exhibit 1-Scope of Use (E300), (iv) Exhibit 2-Training Addendum (E207SET), and (v) the ELA Quotation , which together constitute the sole and entire agreement of the parties as to the subject matter set forth herein . Should there be any conflict between the terms and conditions of the documents that comprise this ELA, the order of precedence for the documents shall be as follows : (i) this signature page , (ii) the ELA Terms and Conditions , (iii) Exhibit 1-Scope of Use (E300), (iv) Exhibit 2-Training Addendum (E207SET), and (v) the ELA Quotation . In the event Licensee orders training courses. the terms and conditions of the Training Addendum will take precedence over the provision of th is ELA with respect to the training courses . Licensee agrees that additional terms and conditions in any Licensee Order or addendum will not apply , and the terms of this ELA will govern. ENTERPRISE PRODUCTS SCHEDULE Unlimited Quantities Desktop Software and Extensions ArcGIS for Desktop Advanced ArcGIS for Desktop Standard ArcGIS for Desktop Basic ArcGIS for Desktop Extensions : ArcGIS 30 Analyst , ArcGIS Spatial Analyst , ArcGIS Geostatistical Analyst , ArcGIS Publisher , ArcGIS Network Analyst , ArcGIS Schematics, ArcGIS Workflow Manager , ArcGIS Data Reviewer Server Software and Extensions ArcGIS for Server Workgroup and Enterprise (Advanced , Standard , and Basic) ArcGIS for Server Extensions : ArcGIS 30 Analyst , ArcGIS Spatial Analyst , ArcGIS Geostatistical Analyst , ArcGIS Network Analyst , ArcGIS Schematics . ArcGIS Workflow Manager , ArcGIS Image Developer Tools ArcGIS Engine ArcGIS Engine Extensions : ArcGIS 3D Analyst , ArcGIS Spatial Analyst, ArcGIS Geodatabase Update , ArcGIS Network Analyst , ArcGIS Schematics ArcGIS Runtime Standard ArcGIS Runtime Standard Extensions: ArcGIS 30 Analyst , ArcGIS Spatial Analyst , ArcGIS Network Analyst Limited quantities One (1) Annual Subscription to Esri Developer Network (EON) Standard• One (1) Esri CityEngine Advanced Single Use License One (1) Esri CityEngine Advanced Concurrent Use License One (1) ArcGIS Online Subscription· as provided in Other Benefits section OTHER BENEFITS One (1) ArcGIS Online Subscription with specified named users and credits as determined in the program description Level3 Number of Esri International User Conference Registrations provided annually 3 Number of Tier 1 Help Desk Individuals authorized to call Esri 3 Maximum number of sets of backup media , if requested .. 2 Virtual Campus Annual User License allowance 7,500 Five percent (5%) discount on all individual commercially available instructor-led training classes at Esri facilities purchased outside of this Agreement (Discount does not apply to Small Enterprise Training Package .) •ELA Maintenance is not provided for these items . .. Additional sets of backup media may be purchased for a fee . This ELA supersedes any previous agreements, proposals, presentations, understandings , and arrangements between the parties relating to such subject matter, which is the licensing of the Enterprise Products listed on the schedule above . Except as provided in Section 9.1 Future Updates, any modifications or amendments to this ELA must be in writing and signed by an authorized representative of each party . Licensee may accept this ELA by signing and returning it to Attn .: Esri Customer Service , 380 New York Street , Redlands , CA 92373-8100 ; e-mailing it to service@esri .com or faxing it to 909-307-3083. ADDITIONAL OR CONFLICTING TERMS IN LICENSEE'S ORDER WILL NOT APPLY, AND THE TERMS OF THIS ELA WILL GOVERN. E214-2 Page I of8 0 8/27/20 12 ACCEPTED AND AGREED : (Licensee) By :~--~------------------------------Signature Printed Name :----------------- Title :------------------- Date :-------------------- Esri EIN Number : 95-2775732 Licensee Contact lnfonnatlon Contact Name :---------------- Address :------------------ City, State , ZIP :--------------- Te~phone : ________________ __ Fax: ___________________ _ E-mail:------------------- ELA Quotation Number:------------- Esri Contract Number:-------------- E214 -2 Page 2 of8 08127/2012 ... ~"# .... 6 ~ City of • _rWheatRi_dge ITEM NO: Lf, DATE: December 9, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPROVE CITY SPONSORSHIP OF THE 2014 KITE FLITE FESTIVAL PROVIDING A FINANCIAL CONTRIBUTION OF $3,000 D PUBLIC HEARING 1:8] BIDS/MOTIONS 0 RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2N° READING QUASI-JUDICIAL: D YES 1:8] NO £~ ISSUE: The Kite Flite Festival Committee is requesting a $3,000 sponsorship from the City for the April 26 , 2014 event. PRIOR ACTION: Festival Chairperson Margie Seyfer presented a business plan to the City Council at the August 19 , 2013 Study Session requesting waiver of fees for an October "preview" festival and outlined the request for the main event in April. Councilmember Jay called for consensus to waive the October event fees and place the request for the April Kite Flite Festival on the agenda of a future Council meeting. There were no objections. FINANCIAL IMPACT: The Council conference and meeting line item (01-1 02-700-702) has $3,000 remaining in the 2013 budget that will not be used for meetings this year. With Council approval , this amount could be transferred to the Community Outreach line item (01-1 02-700-780) and used to sponsor the April event. Council Action Form December 9, 2013 Page2 BACKGROUND: The Kite Flite Festival is modeled after a previous community festival that was organized by Don Eafanti, an active Wheat Ridge citizen. The goal is to link neighbors and people of all ages in a family environment while flying kites , providing exercise, education and engaging in a community activity. The Committee conducted a smaller-scale event "preview" in October to test the waters for the larger festival in April 2014. The City waived fees for that event and agreed to consider sponsorship for the April Festival. The committee has requested that the City sponsor the Kids Crafted Kite Competition and provide kites to give away at the event. The City logo would appear on entrants runner bibs , be featured on informational easels , and the sponsorship announced three times per hour as names are drawn to win free kites. RECOMMENDATIONS: Staff recommends approval ofthe sponsorship of the 2014 Kite Flite Festival. RECOMMENDED MOTION: "I move to approve City sponsorship of the 2014 Kite Flite Festival , providing a financial contribution of$3 ,000." Or, "I move to postpone indefinitely City sponsorship of the 2014 Kite Flite Festival , providing a financial contribution of $3 ,000 for the following reason(s) " REPORT PREPARED/REVIEWED BY: Patrick Goff, City Manager ATTACHMENTS: 1. Request letter from festival committee, dated December 2 , 2013 December 2, 2013 Margie Seyfer, Chairperson Wheat Ridge Kite Flite Festival 3405 Ward Road Wheat Ridge CO 80033 Patrick Goff, City Manager City of Wheat Ridge 7500 W. 29 1h Avenue Wheat Ridge CO 80033 Dear Patrick, I am writing to you on behalf of the Wheat Ridge Kite Flite Festival Committee, a group of twelve motivated volunteers, who is creating the first annual Kite Flite Festival to be held at Anderson Park on Saturday, April 26, 2014 from llAM to 4 PM. Our goal is to link neighbors, young and old, in an environment where they can have fun with other families living in Wheat Ridge while flying kites; use kites as a way to educate children as to the history, science and math related to kites; encourage art and outdoor exercise; encourage participation by those with physical and mental challenges; engage students from our Title One schools and encourage leadership opportunities for kids with their peers. We offer the following sponsor package for the City of Wheat Ridge: Major Sponsor -Kids Crafted Kite Competition & kite giveaways This competition is for kids who attended scheduled kite-crafting classes through WR Parks and Recreation. Your logo appears on all entrant runner bibs and will be featured on informational easels placed on each kite assembly table at five kite crafting classes. Your business name will be announced by emcee three times hourly as names are drawn to win a free kite. (Fifteen kites included in this sponsorship.) You provide three judges who select winners, in two age groups, of the highest, best overall design, best use of color and budding artist categories. Kid's pictures with prizes, taken in front of your banner, will be posted to our website. Prominent banner placement guaranteed at event/logo on website and in publicity. Our community is clearly excited and eager to see the Kite Festival succeed . You can be a part of that excitement by supporting our youth and families with a $3,000 donation . Even though we have many expenses our first year, our goal is to reduce the need for financial support as we move forward. We thank you for considering this opportunity to partner with us. For more information visit our website at www.kiteflitefestival.com The Wheat Ridge Kite Festival is incorporated and tax deductible checks can be made payable to the Wheat Ridge Foundation. Thank you, Attachment 1 ~~'~ .._ # or City of • ?Wheat~dge ITEM NO:~ DATE: December 9 , 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO REAPPOINT WANDA SANG AND MICHAEL SNOW AS MEMBERS OF THE ELECTION COMMISSION D PUBLIC HEARING (gl BIDS /MOTIONS 0 RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING D YES ~·~ Clerk ISSUE: The Charter creates an Election Commission whose charge it is to establish election procedures in certain circumstances. Charter Sec. 2.4 provides for the appointment of an Election Commission. The Charter directs that the Election Commission be appointed at the first meeting in December following a regular City election. PRIOR ACTION: Wanda Sang was appointed December 12, 2011 to the Election Commission , her term expires December 12, 2013. Michael Snow was appointed February 25, 2013 to the vacancy left by Lloyd Levy when he resigned. His term also expires December 12, 2013. Both Ms. Sang and Mr. Snow were sent letters asking them if they would like to reapply to another two-year term. They both chose to reapply. FINANCIAL IMPACT: None BACKGROUND: It is appropriate for the Council to appoint two registered electors of the City to serve on the Election Commission. The Election Commission is comprised of the City Clerk and two registered electors of the City (Charter sec. 2.4 (a). The two appointees may not be elected City V:\Forms\CAFtemplate Council Action Form December 9, 2013 Page2 officers, employees, candidates or nominees for elective City office (Charter sec. 2.4 (a)). Also, a member of the Election Commission may not serve as an election judge (Charter sec. 2.4 (e)). The Election Commission has a broad charge as follows: "In any case where election procedure is in doubt, the election commission shall prescribe the procedure to be followed." (Charter sec. 2.4 (b)). The Election Commission also has other duties which are more explicitly defined: • Provide procedures to establish proof of residency qualification where residency is in question. Charter sec. 2.4 (c). • Provide for ballots, sample ballots and any vo ting methods as approved by state statutes. Charter sec. 2.4 (d). • Determination of winner by lot in the event of a tie vote. Charter sec. 2.4 (d). • Canvass of returns. Charter sec. 2.4 (d). • Issuance of appropriate certificates. Charter sec. 2.4 (d). RECOMMENDATIONS: Reappoint Wanda Sang and Michael Snow to the Election Commission RECOMMENDED MOTION: "I move to appoint Wanda Sang and Michael Snow as members of the Election Commission, terms ending December 31, 2015." Or: "I move to deny appointment of Wanda Sang and Michael Snow to the Election Commission for the following reason(s) " REPORT PREPARED BY; Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Wanda Sang Application 2. Michael Snow Application City of Wheat Ridge Board & Commis ion Application for Reappointment P~lease c.ircle one of the following! Yes, I would like to reapply for another Two-year term (Go to Section A) No , I do not wish to serve another term (Go to Section B) A. APPLICATION FOR REAPPOINTMENT TO THE: E:t...~C..Do f.J CDmrn,s.s/oN (BOARD/COMMISSION/COMMITTEE) IDA TE : I 0 /_; s I I .3 DISTRICT __;q:::= ~} ARE THERE ANY CONFLICTS_V)IHICH WOULD INTERFERE WITH REGULAR A TIENDANCE OR DUTIES?_.N ............ iO""'----------------- B. INFORMATION-PLEASE COMPLETE TO UPDATE RECORDS NAME: )fr ,A~hA-sA~G ADDRESS: S ~I.D~ p 1 f;e-C ~ HOME PHONE : ~3 o.3 -'-f3t-K3-tt::> BUSINESS PHONE: _ __,/0~1,4~--------------- e .. MAJL ADDRESS: ..S ~L£m;r. s+ , A lep APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Attachment 1 City of Wheat Ridge Board & Commission Application for Reappointment Please circle one of the following: Yes, I would like to reapply for another Two-year term (Go to Section A) No, I do not wish to serve another term (Go to Section B) A. APPLICATION FOR REAPPOINTMENT TO THE: ili~~ui~ } ... J. (BOARD/COMMISSIONICOMMITIEE) DATE: 10/2.7 t3 DISTRICT 2.... . ------------- ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES?_&..;;,~~,. _______________________ _ B. INFORMATION-PLEASE COMPLETE TO UPDATE RECORDS NAME: IY?~~L' ,~ ADDRESS: 38!:i) &c< ~­ HOME PHONE: 72!)-~g ... Q(3) .,.,_,., .. u::::c s PHONE : i z.o -335 -06 IS ( rlll._~~D E-MAIL ADDRESS: ll\SI).b 0~ \\ ~ C'I\O..i \ • ~ SIGNATURE d~ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Attachment 2 ... ~·~ ... ~ ~ City of • :rwheat:Ri_dge ITEM NO: DATE: December 9, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO APPOINTMENT SILKE POPP TO THE PLANNING COMMISSION AS A REPRESENTATIVE OF DISTRICT IV, TERM TO EXPIRE MARCH 2, 2015 D PUBLIC HEARING (8] BIDS/MOTIONS D RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR I ST READING 0 ORDINANCES FOR 2N° READING D YES rfig<~ Clerk ISSUE: On November 6 , 2013 Monica Duran resigned her position as Planning Commission member for District IV. FINANCIAL IMPACT: None BACKGROUND: On October 22 , 2013 the City Clerk's Office received an application from Silke Popp, who resides at 9099 W. 38th Avenue in District IV , requesting appointment to the Planning Commission. RECOMMENDATIONS: Council Members Langworthy and Wooden have requested that Silke Popp be appointed to fill the vacancy, term ending 3/2/15. RECOMMENDED MOTION: "I move to appoint Silke Popp to the Planning Commission, representing District IV , term to expire March 2, 2015." Council Action Form December 9 , 2013 Page2 Or "I move to deny the appointment of Silke Popp to the Planning Commission for the following reason(s) " REPORT PREPARED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: I . Silke Popp Application Board & Commission Application City of Wheat Ridge PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION APPLICATION FOR APPOINTMENT TO THE : Planning Commission-(District IV) (BOARD/COMMISSION/COMMITIEE) DATE: __ ....:.1~0/~2=2/~2.:..01..:..:3::..__ __ DISTRICT ___ I:....:.V ___ _ HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: 1.5 yrs ARE YOU A REGISTERED VOTER?_....:...Ye;:;.;:s'----- WHY ARE YOU SEEKING THIS APPOINTMENT? I am seeking to engage more actively in the community, and as resident of Wheat Ridge and a transactional attorney whose practice involves real property transactions. I have a strong interest in the long-term development and sustainable growth of the City and its neighborhoods. DO YOU HAVE EXPERIENCE IN THIS AREA? As a real estate attorney I have general experience with subdivisions. zoning. land use. and regulatory agencies. HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITIEE AND IF SO, WHICH ONE? HOW LONG? No. ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATIENDANCE OR DUTIES? No. I work as an attorney downtown but have a relatively flexible schedule. SIGNATURE. ______________ _ PLEASE PRINT OR TYPE NAME : __ S=i=lk=e...:..P-=o=ppc....._ __________ _ ADDRESS : 9099 W 38th Ave. Wheat Ridge, CO 80033 HOME PHONE : 720-320-9605 BUSINESS PHONE : __ =30:.::3:....:-8:.::3:.:..7...:::-6~3..:...71.:...,_ _____________ _ E-MAIL ADDRESS: __ .....;s=il=ke:.~p=o~p=plo;::@:o.;:lgL.:.!m..:.:a=il:.::.c.:..om:..:.:.... ___________ _ APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR Attachment 1 ~A~ ~,. ~ r' City of • ?Wheat:Rl_dge ITEM NO:~ DATE: December 9, 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: MOTION TO ADOPT THE 2014 REGULAR CITY COUNCIL MEETING CALENDAR D PUBLIC HEARING [8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING 0 ORDINANCES FOR 2ND READING QUASI-JUDICIAL: D YES [8J NO ~~/ ~ ISSUE: The calendar of City Council Meetings is adopted by the City Council yearly. Adopting the regular meeting calendar for the year is more efficient and enables the Mayor, Council and staff to schedule other events and travel in advance. The Council will be able to amend the schedule by motion throughout the year, if necessary. The proposed 2014 City Council Calendar includes Study Sessions on the first and third Monday of each month and Regular Council Meetings on the second and fourth Monday of each month. It is recommended that certain City Council meetings that conflict with observed City holidays or other known events during the year be canceled . Included in the attached calendar, for your convenience, are the regularly scheduled Board & Commission Meetings and all observed City holidays. These events , however, are not adopted or changed by this Council motion. PRIOR ACTION: None FINANCIAL IMPACT: None Council Action Fonn December 9, 2013 Page 2 BACKGROUND: The regular meetings of the Wheat Ridge City Council are based on the City Council Rules and the City Charter. It should be noted that three Study Sessions and one Regular Meeting fall on holidays when the City is closed and are recommended for cancellation. The following meetings are recommended for cancellation in 2014: Study Session, January 20th, Martin Luther King, Jr. Day Study Session, February 1 ih, President's Day Regular Council Meeting, May 26t11 , Memorial Day Study Session, September 1 5 ', Labor Day RECOMMENDATIONS: None RECOMMENDED MOTION: "I move to adopt the 2014 City Council Regular Meeting Calendar as presented." Or, "I move to postpone the adoption of the 2014 City Council Regular Meeting Calendar for the following reason(s) " REPORT PREPARED/REVIEWED BY: Bruce Roome, Deputy City Clerk Patrick Goff, City Manager ATTACHMENTS: 1. Proposed 2014 City Council Regular Meeting Calendar January 20 14 Sun Mon Tue Wed Thu Fri Sat 1 New Years Day 2 3 4 6 pm-Planning Commission ' 5 6 7 8 9 10 11 6:30--Study Session 7:30-Building Code 9 am-Liquor License Advisory Board Authority 12 13 /4 15 /6 17 18 7 pm -City Council 5:30-Anima/ Welfare 6 pm-Planning and Control Comm . Commission 6 pm-Renewal Wheat Ridge 19 20 MLK JR . DAY 21 22 23 24 25 Study Session Can-4 pm-Housing 9 am-Liquor License celled Authority Authority 7 pm-Board of Adjustment 26 27 28 29 30 3/ 7 pm -City Council Attac hment 1 -- February 2014 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 6:30--Study Session 6 pm-Renewal 6 pm-Pianning Wheat Ridge Commission 9 10 11 12 13 14 15 7 pm -City Council 7:30--Bui/ding Code 9 am -Liquor License Advisory Board Authority 16 17 PRESIDEN TS 18 19 20 21 22 DAY 5:30--Anima/ Welfare 6 pm-Planning Study Session Can-and Control Comm . Commission celed 6 pm -Renewal Wheat Ridge 23 24 25 26 27 28 7 pm -City Council 4 pm-Housing 9 am -Liquor License Authority Authority 7 pm-Board of Adjustment March 2014 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 6:30---Study Session 6 pm-Renewal 6 pm-Planning Wheat Ridge Commission 9 10 11 12 13 14 15 7 pm -City Council 7:30-Building Code 9 am-Liquor License Advisory Board Authority 16 17 18 19 20 21 22 6:30-Study Session 5:30-Anima/ Welfare 6 pm-Planning and Control Comm . Commission 6 pm-Renewa/ WR 23 24 25 26 27 28 29 7 pm -City Council 4 pm-Housing 9 am -Liquor License Authority Authority 7 pm-Board of Adj. 30 31 -------- April2014 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 pm-Renewal 6 pm-Planning Wheat Ridge Commission 6 7 8 9 10 II 12 6:30---Study Session 7:30-Bui/ding Code 9 am -Liquor License Advisory Board Authority 13 14 15 16 17 18 /9 7 pm -City Council 5:30-Anima/ Welfare 6 pm-Planning and Control Comm. Commission 6 pm -Renewal Wheat Ridge 20 21 22 23 24 25 26 6:30-Study Session 4 pm-Housing 9 am -Liquor License Authority Authority 7 pm-Board of Adjustment 27 28 29 30 7 pm -City Council '---~ May 2014 Sun Mon Tue Wed Thu Fri Sat 1 2 3 I 6 pm-Planning Commission 4 5 6 7 8 9 10 6:30---Study Session 6 pm-Renewal 7:30-Building Code 9 am-Liquor License Wheat Ridge Advisory Board Authority 11 12 13 14 15 16 17 7 pm -City Council 6 pm-Planning Commission 18 19 20 21 22 23 24 6:30---Study Session 5:30-Anima/ Welfare 9 am -Liquor License and Control Comm. Authority 6 pm-Renewal 7 pm-Board of Wheat Ridge Adjustment 25 26 MEMORIAL DAY 27 28 29 30 31 City Council Can -4 pm-Housing celed Authority June 2014 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 7 6:30-Study Session 6 pm-Renewal 6 pm-Pianning Wheat Ridge Commis sion 8 9 10 11 12 13 14 7 pm -City Council 7:30-Building Code 9 am -Liquor License Advisory Board Authority 15 16 17 18 19 20 21 6:30-Study Session 5 :30-Animal Welfare 6 pm-Pianning and Control Comm . Commission 6 pm-Renewal Wheat Ridge 22 23 24 25 26 27 28 7 pm -City Council 4 pm-Housing 9 am -Liquor License Authority Authority 7 pm-Board of Adjustment 29 30 --- -·- July 2014 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 CITY HOLIDAY 5 6 pm-Renewal Wheat Ridge 6 7 8 9 10 II 12 6:30-Study Session 7:30-Building Code 9 am -Liquor License Advisory Board Authority 13 14 15 16 17 18 19 7 pm -City Council 5 :30-Animal Welfare 6 pm-Planning and Control Comm . Commission 6 pm-Renewal Wheat Ridge 20 21 22 23 24 25 26 I 6:30-Study Session 4 pm-Housing 9 am -Liquor License I ! Authority Authority 7 pm-Board of Adjustment 27 28 29 30 31 7 pm -City Council -------·--··---- August 2014 Sun Mon Tue Wed Thu Fri Sat 1 2 3 4 5 6 7 8 9 6 :30-Study Session 6 pm-Renewal 6 pm-Pianning Wheat Ridge Commission 10 11 12 13 14 15 16 7 pm -City Council 9 am -Liquor License Authority 17 18 19 20 21 22 23 6:30-Study Session 5:30-Anima/ Welfare 7:30-Bui/ding Code 6 pm-Pianning and Control Comm. Advis01y Board Commission 6 pm-Renewal WR 24 25 26 27 28 29 30 7 pm -City Council 4 pm-Housing 9 am -Liquor License Authority Authority 7 pm-Board of Adj. 31 ---- September 20 14 Sun Mon Tue Wed Thu Fri Sat 1 LABOR DAY 2 3 4 5 6 I Study Session Can-6 pm-Renewal 6 pm-Planning ce/ed Wheat Ridge Commission 7 8 9 10 11 12 13 7 pm -City Council 7:30-Bui/ding Code 9 am-Liquor License Advisory Board Authority 14 15 16 17 18 19 20 6: 30---Study Session 5:30-Anima/ Welfare 6 pm-Pianning and Control Comm. Commission 6 pm-Renewal Wheat Ridge 21 22 23 24 25 26 27 7 pm -City Council 4 pm-Housing 9 am-Liquor License Authority Authority 7 pm-Board of Adjustment 28 29 30 --------- October 2014 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 6 pm-Pianning Commission 5 6 7 8 9 10 11 6:30-Study Session 6 pm-Renewal 7:30-Bui/ding Code 9 am -Liquor License Wheat Ridge Advisory Board Authority 12 13 14 15 16 17 18 7 pm -City Council 7pm-BOARD& 6 pm-Planning COMMISSION Commission APPRECIATION DINNER 19 20 21 22 23 24 25 6:30-Study Session 5:30-Animal Welfare 9 am -Liquor License and Control Comm. Authority 6 pm-Renewal 7 pm-Board of Wheat Ridge Adjustment 26 27 28 29 30 31 7 pm -City Council 4 pm-Housing Authority I I I November 2014 Sun Mon Tue Wed Thu Fri Sat 1 ! 2 3 4 ELECTION DAY 5 6 7 8 6 :30-Study Session 6 pm-Renewal 6 pm-Planning Wheat Ridge Commission 9 10 11 Veteran 's Day 12 13 14 15 7 pm -City Council 7:30---Bui/ding Code 9 am -Liquor License Advisory Board Authority 16 17 18 19 20 21 22 6 :3 0-Study Session 5:30---Anima/ Welfare 6 pm -Pianning and Control Comm . Commission 6 pm-Renewal WR 23 24 25 26 2 7 CITY HOL/DA Y 28 CITY HOLIDAY 29 7 pm -City Council 4 pm-Housing Authority 30 December 20 14 Sun Mon Tue Wed Thu Fri Sat I 2 3 4 5 6 6:30-Study Session 6 pm-Renewa/ 6 pm-Pianning Wheat Ridge Commission 7 8 9 10 11 12 13 7 pm -City Council 7:30-Bui/ding Code 9 am -Liquor License Adviso1y Board Authority 14 15 16 17 18 19 20 6:30-Study Session 5:30-Anima/ Welfare 6 pm-Planning and Control Comm. Commission 6 pm-Renewal Wheat Ridge 21 22 23 24 25 CITY HOLIDAY 26 27 7 pm -City Council 4 pm-Housing Authority 28 29 30 31 .... ~'~ -~ .,. City of • :rwheatRLdge ITEM NO:~ DATE: December 9 , 2013 REQUEST FOR CITY COUNCIL ACTION TITLE: RESOLUTION NO. 47-2013 A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY PUBLICATIONS IN 2014 D PUBLIC HEARING D BIDS/MOTIONS [gi RESOLUTIONS QUASI-JUDICIAL: D ORDINANCES FOR 1 ST READING 0 ORDINANCES FOR 2 N D READING D YES ~dl.t ~L i Clerk ISSUE: State statute requires that each municipality annually establish the location for posting public notices, as well as the newspaper in which the notices will be published. PRIOR ACTION: In previous years , the Wheat Ridge Transcript has been utilized as the City's official newspaper for publications ; official posting location has been the City Hall Lobby. FINANCIAL IMPACT: None BACKGROUND: None RECOMMENDATIONS: It is recommended the City continue to use the same newspaper and posting location a s in previous years. Counci l Action Form December 9 , 2013 Page 2 RECOMMENDED MOTION: "I move to approve Resolution No. 47-2013 , a resolution designating the City Hall Lobby as the official public notice location and the Wheat Ridge Transcript as the official newspaper of general circulation for City publications in 2014." Or, "I move to postpone indefinitely Resolution No . 47-2013 , a resolution designating the City Hall Lobby as the official public notice location and the Wheat Ridge Transctipt as the official newspaper of general circulation for City publications for the following reason(s) " REPORT PREPARED/REVIEWED BY; Bruce Room e, D eputy C ity C lerk Patrick G off, City M anager ATTACHMEN TS: 1. R eso lutio n No . 47-2013 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 47 Series of 2013 TITLE: A RESOLUTION DESIGNATING THE CITY HALL LOBBY AS THE OFFICIAL PUBLIC NOTICE POSTING LOCATION AND THE WHEAT RIDGE TRANSCRIPT AS THE OFFICIAL NEWSPAPER OF GENERAL CIRCULATION FOR THE CITY PUBLICATIONS IN 2014 WHEREAS, the Colorado Revised Statutes require municipalities to designate official public notice and publication locations for legal notices; and WHEREAS, such locations must be approved by the governing body of the municipality annually; and WHEREAS, the City is required by Charter, Ordinance and State Law to publish certain notices. NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. Public notice of public meetings of the City Council, Planning Commission, Board of Adjustment, and all other Board, Commission, Committee, and advisory board meetings for which public notice is required, shall be posted on the first floor at the Municipal Building, 7500 West 29th Avenue, Wheat Ridge, Colorado, which location shall be deemed the official posting location for the City. Section 2. Except as otherwise permitted by Sections 5.2 and 5.12 of the Charter, notices and other information required to be published in a newspaper of general circulation within the City, shall be made in the Wheat Ridge Transcript; except that, where circumstance makes publication ineffective or otherwise undesirable, the City may publish official notice on the City's website. Section 3. This resolution shall be effective upon adoption. DONE AND RESOLVED this gth day of December 2013. Joyce Jay, Mayor ATTEST: Janelle Shaver, City Clerk Attachment 1