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Home My WebLink About04/11/2005 6:30 p.m. Pre-Meeting ~\~:il~~\ CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 WEST 29TH AVENUE, MUNICIPAL BUILDING April 11, 2005 7:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL OF MEMBERS APPROVAL OF MINUTES OF March 28, 2005 PROCLAMATIONS AND CEREMONIES Crime Victims' Rights Week - April 10-16, 2005 Wilmore-Davis Elementary School 50th Anniversary Celebration CITIZENS' RIGHT TO SPEAK 1 Citizens, who wish, may speak on any matter not on the Agenda for a maximum of 3 Minutes and sign the Public Comment Roster. 2 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 Item 1. Consent AQenda: , )--vv'v6 A. Award ITB-05-13 2005 Miscellaneous Drainage Improvement Project in an amount not to exceed $97,625,22 (including contingency) B RESOLUTION 17-2005 A RESOLUTION APPROVING THE PIERCE STREET UTILITY UNDER-GROUNDING PROJECT, APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $180,000 FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $80,000 CITY COUNCIL AGENDA. April 11, 2005 Page -2- C RESOLUTION 18-2005 A RESOLUTION APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR CLEAR CREEK, ALONG WITH APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $35,000 FOR THE PROJECT D. Approval of a contract for services with C4i Design Group for the design of HVAC, roof and electrical improvements at City Hall in an amount not to exceed $55,292 (including contingency) PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. V '0f1 COUNCIL BILL 04-2005 AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICITATION ORDINANCES ON FIRST READING Item 3. ..-,./ / \i-'0 V\\~ COUNCIL BILL 05-2005 AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (Case No WCA-05-01) DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. y () ''I \~Ifem 5. RESOLUTION 19-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE PURCHASE OF A REPLACEMENT VAN FOR THE SENIOR PROGRAM Planning Commission Appointment, District rr CITY MANAGER'S MATTERS CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ADJOURNMENT ~ ::?- 6 1'01' 0.."" ~ Z- @~LrV @@M~@~[1 ~~~MIJ~@ <: /'p(/__t CITY OF WHEAT RIDGE, COLORADO J ' '\ \ j \\.L- -" \ ./'/0 March 28, 2005 ',';--J \ / r - "~---... ,--,I \~)vl'./ ---- --1 \J.-.'-\ ( \ v J' ~ C(..CV..c C \..C \\C ~ _ . J I Mayor pro tem Schulz called the Regular City Council MeetinJ to order at\? 00 g m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Mayor Cerveny was absent. Also present: City Clerk, Pamela Anderson; City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF March 14, 2005 Motion by Mr DiTullio for the approval of the Minutes of March 14, 2005, seconded by Mrs Sang, carried 8-0. PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for National Kite Week, April 18 through April 23, 2005 Don Eafanti accepted the proclamation, CITIZENS' RIGHT TO SPEAK Mayor pro tem Schulz read the following statement into record "The City of Wheat Ridge has received numerous complaints from residents about an intrusive telephone survey, also being referred to as a push poll, regarding the proposed Cabela's store off of 1-70 and SH 58 Some residents have complained to the City of being repeatedly called to finish the push poll while others say the survey questions are biased and provide misleading or false information Others have called the City because they say the screeners told them the poll was sponsored by Wheat Ridge, which it was not. The proposed Cabela's development is of great interest to the citizens of Wheat Ridge and the push poll is contributing to the rumors, tensions and misinformation surrounding this proposed project. This is counterproductive to the open, public process the City of Wheat Ridge is facilitating City Council - on behalf of the citizens of Wheat Ridge and in the spirit of openness and fairness - calls upon the firm conducting the push poll, Research Data Design of Portland, to immediately do the following' CITY COUNCIL MINUTES March 28, 2005 Page -2- 1 Publicly disclose who is paying for the poll, 2 Publicly release the polling instrument/questions, the sample size and scope, and the actual number of people who participated in the survey; and, 3 Release the full results of the poll - including cross-tabs - to the public Due to the apparently tali8 :ind misleading information in the push poll, .f3UEn Sf; cl:.iliA'lC tt:lat thg City ef V',11::19at RigSl~ ii prQ\lidir:lQ il.lb€igi~lii tG tho J3r9jpr-t'!'; rlo\lol~s, City Council intends to pursue this matter until the survey's sponsor or sponsors are identified " Item 1. Consent AQenda: A. RESOLUTION 05-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $1,000 FOR THE PURCHASE OF WHEAT RIDGE RECREATION CENTER PUNCH CARDS FOR THE WHEAT RIDGE FIRE DEPARTMENT B RESOLUTION 16-2005 A RESOLUTION AWARDING RFP-05-14 2005 RIGHT-OF-WAY MAINTENANCE PROJECT AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION C City Contributions to Outside Agencies D RESOLUTION 15-2005 A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO 0703-294, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITOL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION Consent Agenda was introduced and read by Mrs Rotola. Mr DiTullio asked to pull Item 1 B Mr Gokey asked to pull Item 1A. and 10 Motion by Mrs. Rotola to approve Item 1 C, seconded by Mr DiTullio, carried 8-0 Item 1 A. RESOLUTION 05-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $1,000 FOR THE PURCHASE OF WHEAT RIDGE RECREATION CENTER PUNCH CARDS FOR THE V.HEAT RIJGE FIRE DEPARTMENT Mr Gokey introduced the item @~uu @@~~@~[b ~~~~lf@@ CITY OF WHEAT RIDGE, COLORADO March 28. 2005 Mayor pro tem Schulz called the Regular City Council Meeting to order at 7 00 P m Councilmembers present: Karen Adams, Karen Berry, Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, and Mike Stites Mayor Cerveny was absent. Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens APPROVAL OF MINUTES OF March 14, 2005 Motion by Mr DiTullio for the approval of the Minutes of March 14, 2005, seconded by Mrs Sang, carried 8-0 PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamation for National Kite Week, April 18 through April 23, 2005 Don Eafanti accepted the proclamation CITIZENS' RIGHT TO SPEAK Mayor pro tem Schulz read the following statement into record "The City of Wheat Ridge has received numerous complaints from residents about an intrusive telephone survey, also being referred to as a push poll, regarding the proposed Cabela's store off of 1-70 and SH 58 Some residents have complained to the City of being repeatedly called to finish the push poll while others say the survey questions are biased and provide misleading or false information Others have called the City because they say the screeners told them the poll was sponsored by Wheat Ridge, which it was not. The proposed Cabela's development is of great interest to the citizens of Wheat Ridge and the push poll is contributing to the rumors, tensions and misinformation surrounding this proposed project. This is counterproductive to the open, public process the City of Wheat Ridge is facilitating City Council - on behalf of the citizens of Wheat Ridge and in the spirit of openness and fairness - calls upon the firm conducting the push poll, Research Data Design of Portland, to immediately do the following CITY COUNCIL MINUTES March 28, 2005 Page -2- 1 Publicly disclose who is paying for the poll, 2 Publicly release the polling instrument/questions, the sample size and scope, and the actual number of people who participated in the survey; and, 3 Release the full results of the poll - including cross-tabs - to the public Due to the apparently false and misleading information in the push poll, such as claims that the City of Wheat Ridge is providing subsidies to the project's developers, City Council intends to pursue this matter until the survey's sponsor or sponsors are identified" Item 1, Consent Agenda: A. RESOLUTION 05-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $1,000 FOR THE PURCHASE OF WHEAT RIDGE RECREATION CENTER PUNCH CARDS FOR THE WHEAT RIDGE FIRE DEPARTMENT B RESOLUTION 16-2005 A RESOLUTION AWARDING RFP-05-14 2005 RIGHT-OF-WAY MAINTENANCE PROJECT AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION C City Contributions to Outside Agencies D RESOLUTION 15-2005 A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO 0703-294, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITOL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION Consent Agenda was introduced and read by Mrs Rotola Mr DiTullio asked to pull Item 1 B Mr Gokey asked to pull Item 1A. and 1 D Motion by Mrs Rotola to approve Item 1 C, seconded by Mr DiTullio, carried 8-0 Item 1 A. RESOLUTION 05-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $1,000 FOR THE PURCHASE OF WHEAT RIDGE RECREATION CENTER PUNCH CARDS FOR THE WHEAT RI.JGE FIRE DEPARTMENT Mr Gokey introduced the item CITY COUNCIL MINUTES March 28, 2005 Page -3- Motion by Mr Gokey to approve Resolution 05-2005 amending the Fiscal Year 2005 Budget to reflect the approval of a supplemental budget appropriation of $1 ,00000 for the purchase of Wheat Ridge Recreation Center Punch Cards for the Wheat Ridge Fire Department; seconded by Mr DiTullio Mr Gokey stated that he will be donating his Recreation Center pass for the remainder of his term and any future terms he may serve Motion carried 8-0 Item 1 B. RESOLUTION 16-2005 A RESOLUTION AWARDING RFP-05-14 2005 RIGHT-OF-WAY MAINTENANCE PROJECT AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION Mr DiTullio introduced the item City Clerk Pam Anderson read the title and executive summary Motion by Mr DiTullio to approve Resolution 16-2005 awarding RFP-05-14 2005 Right- of-Way Maintenance Project and in connection therewith, approving the expenditure of funds for the project, along with amending the Fiscal Year 2005 General Fund Budget to reflect the approval of a Supplemental Budget Appropriation in the amount of $50,00000, seconded by Mrs Sang Motion for an amendment by Mr Gokey to add $25,000 00 for Noxious Weed Management in accordance with the Noxious Weed Management Plan This $25,000 00 shall be a supplement to the 2005 Parks Department Noxious Weed Management Budget, in addition to the $18,000 00; seconded by Mr DiTullio, carried 8-0 Original motion as amended carried 8-0 Item 1 D. RESOLUTION 15-2005 A RESOLUTION APPROVING A CONTRACT WITH THE COLORADO DEPARTMENT OF TRANSPORTATION, AND IN CONNECTION THEREWITH, APPROVING THE EXPENDITURE OF FUNDS FOR PROJECT NO 0703-294, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITOL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION Mr Gokey introduced the item CITY COUNCIL MINUTES March 28, 2005 Page -4- Motion by Mr Gokey to approve Resolution 15-2005 approving a contract with the Colorad.o Department of Transportation, and in connection therewith, approving the Expenditure of Funds for Project No 0703-294, along with amending the Fiscal Year 2005 Capital Investment Program Budget to reflect the approval of a Supplemental Budget Appropriation of $120,000, seconded by Mrs Adams, carried 8-0 PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2, COUNCIL BILL 03-2005 AN ORDINANCE PROVIDING FOR THE APPROVAL OF AN AMENDED OUTLINE DEVELOPMENT PLAN FOR PROPERTY ZONED PLANNED COMMERCIAL DEVELOPMENT LOCATED AT 3230 YOUNGFIELD SERVICE ROAD, 3270 YOUNGFIELD SERVICE ROAD, 3291 YOUNGFIELD SERVICE ROAD, 3300 YOUNGFIELD SERVICE ROAD, 13001 WEST 32ND AVENUE, AND 13501 WEST 32ND AVENUE (CASE NO WZ-04-06170 WBC, LLC) Council Bill 03-2005 was introduced on second reading by Mr Stites Meredith Reckert, Community Development Planner, was sworn in and presented the staff report. Mrs Reckert entered the comprehensive plan, zoning ordinance, subdivision regulations, case file and packet materials, and digital presentation into the record Dwaine Richter, applicant, was sworn in and testified He submitted five (5) documents into the record He asked for approval of his applications Arthur Wise, Arthur Wise Architects AlA, Architect and Land Planner for 70 West Business Center, was sworn in and asked for approval of the car wash and additional uses in the zoning district. There will be 4 self service bays and 2 automatic bays, as well as a small office Carl Packer, Kraiger and Associates, was sworn in and testified on behalf of the applicant regarding traffic impacts of the proposed development. Diane Davies, Faegre and Benson, LLP, an attorney representing the applicant, was sworn in and testified regarding land use issues She requested that there be no continuance of this hearing because the issues that have been presented are not new and to the extent that there is anything new or different, such as some of the traffic information, that information relates to conditions that are not related to this development, but are related to Cabela's and shouldn't be used to delay the applicant's ability to develop the property -~ ,- CITY COUNCIL MINUTES March 28, 2005 Page -5- Connie Mauldin, was sworn in and testified in opposition to this item There are 3 car washes In the immediate area and a similar car wash as the one proposed, 2 miles away She asked that Council think about if they would want a carwash across the street from them Steve Schaller, was sworn in and stated that he is opposed to moving the sign over to the west side because the light would shine right into his living room Renee Pribyl, was sworn in and reiterated what Mr Schaller had to say about the sign She has no problems with the carwash proposal as long as there is no servicing of vehicles Alan White, Director of Community Development, was sworn in and spoke to some of the issues that were brought up during the applicant presentations He asked that Council approve the Outline Development Plan, but postpone approval of the Final Development Plan to allow staff and the applicant to work out details and review the traffic study Tim Paranto, Director of Public Works, was sworn in and answered questions from Council Outline Development Plan Motion by Mr Stites to approve Case No WZ-04-06, a request for approval of an amended Outline Development Plan for properties zoned Planned Commercial Development at 3230 Youngfield Service Road, 3270 Youngfield Service Road, 3291 Youngfield Service Road, 3300 Youngfield Service Road, 13001 W 32nd Avenue, and 13501 w 32nd Avenue for the following reasons 1 The proposed amendment is consistent with uses in the C-1 zone district. 2 All requirements for an Outline Development Plan have been met. With the following conditions 1 Eliminate the use of temporary uses such as produce and bedding plant sales, 2 Remove light vehicle maintenance and repair as a permitted use in Areas D and E, seconded by Mrs Sang and Mrs Rotola Motion to amend by Ms Berry to add that the sign location shown on the ODP shall only be allowed if the existing 70 West Business Center sign is removed, seconded by Mr Gokey; carried 8-0 Original motion as amended carried 5-3 with Mrs. Rotola, Mr Gokey, and Mr DiTullio voting no _ Mr c;okey feels that there will be a minimal benefit to the community as well as the additional SOCial and recreational, physical and economic benefits do not meet the needs of the community CITY COUNCIL MINUTES March 28, 2005 Page -6- Final Development Plan Motion by Mr Stites to continue to April 25, 2005 Case No WZ-04-06, a request for approval of a Final Development Plan for properties located at 3270 Youngfield Service Road, 3291 Youngfield Service Road, 13001 W 32nd Avenue, and 13501 W 32nd Avenue for the following reasons In order for the applicant and staff to work out issues on access and easements and notes for the final development plan, seconded by Mr DiTullio, carried 8-0 Item 3. COUNCIL BILL 25-2004' AN ORDINANCE ESTABLISHING A STORMWATER MANAGEMENT UTILITY, SETTING SERVICE CHARGES RELATED THERETO, AND PROVIDING FOR THE MANAGEMENT THEREOF, INCLUDING USE OF REVENUES, ADMINISTRATION OF PROGRAMS, APPEALS, AND ENFORCEMENT Council Bill 25-2004 was introduced by Mrs Sang on second reading Motion by Mrs Sang to continue the public hearing for Council Bill 25-2004 to Monday, June 27, 2005 in City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Adams and Mrs Rotola, carried 7-1 with Mr Gokey voting no Mr Gokey has no doubt that we need to address storm water in this community This process takes longer than what was provided in the guidelines By June 27 we will not have all the information we need to do this correctly ORDINANCES ON FIRST READING Item 4, COUNCIL BILL 04-2005 AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICITATION Council Bill 04-2005 was introduced on first reading by Mrs Rotola Motion by Mrs Rotola to approve Council Bill 04-2005 on first reading, order it published, public hearing set for Monday, April 11, 2005 at 7 00 P m in City Council Chambers, and that it take effect 15 days after final publication, seconded by Mrs Sang. Motion to amend by Mr Gokey to remove the 15 days and make the Council Bill effective immediately; seconded by Mrs Sang, carried 8-0 Original motion as amended carried 8-0 CITY COUNCIL MINUTES March 28 2005 , Page -7- Meeting adjourned at 9'53 p m APPROVED BY CITY COUNCIL ON APRIL 11, 2005 BY A VOTE OF to Lena Rotola, Council President 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 Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions PROCLAMA TION CRIME VICTIMS' RIGHTS WEEK APRIL 10 - 16, 2005 WHEREAS, President Ronald W Reagan first declared "National Crime Victims' Rights Week in 1981 to focus our Nation's attention on the plight of crime victims, and WHEREAS, this Silver Anniversary of National Crime Victim's Rights Week provides a national opportunity to reflect on the devastating impact of crime and terrorism on victims and our entire Nation, and to strengthen our national resolve to ensure that victims' needs are identified and addressed, and WHEREAS, America as a Nation, and we as individuals and communities, recognize that justice isn't served until crime victims are, that crime and violence in America affects us all, and that victims' rights are a critical component of "justice for all," and WHEREAS, justice isn't served until all crime victims and those hurt by crime - our mothers and fathers, sons and daughters, sisters and brothers, neighbors and friends - are provided support and assistance in the aftermath of victimization; and WHEREAS, America as a Nation recognizes that we serve justice by serving victims of crime and that by helping victims and survivors of crime, we help make our homes and neighborhoods, :ommunities, and Nation stronger, safer and more secure, and WHEREAS, America has joined together annually for the past 25 years to recognize the needs and rights of crime victims and survivors during National Crime Victims' Rights Week each April, therefore, be it RESOL VED, that the City of Wheat Ridge proclaims the week of April 10 to 16,2005, to be Crime Victims' Rights Week, and honors crime victims and those who serve them during this week and throughout the year; and be it further RESOL VED, that as individuals, communities and a Nation, we value justice in America that includes and involves crime victims, and seek to serve justice by serving victims of crime, and be it further RESOL VED, that a suitably prepared copy of this proclamation be presented to Victim Outreach Information, Inc. IN WITNESS THEREOF on this I Y PROCLAMATION WILMORE-DAVIS ELEMENTARY 50TH ANNIVERSARY CELEBRATION WHEREAS, Wilmore-Davis Elementary School has, for the past fifty years, served the commumty and the students of Wheat Ridge; WHEREAS, Wilmore-Davis Elementary School was designed by the famous architect, Temple Buell, WHEREAS, the school was named for the Wilmore and Davis families whose generosity lives on to thIS day through the transfer of their fanner nursery property to buIld a school to meet the educational needs of a growmg Wheat Rldge area; WHEREAS, several generations of families have sent thelr children to Wilmore-DavIs Elementary; WHEREAS, the small slze of the school, the qUIet, residential neighborhood and frIendly staff have been cited as reasons why parents choose Wilmore-Davis, NOW, THEREFORE, on behalf of the Mayor and City Council do hereby deem it an honor and pleasure to extend this Proclamation to Wilmore-Davis Elementary School, celebrating fifty years of growing great kids! IN WITNESS WHEREOF, I do hereby set my hand and Seal of the City of Wheat Ridge this 11th day of April, 2005. ITEM NO' ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April II, 2005 TITLE: A WARD ITB-05-13 2005 MISCELLNEOUS DRAINAGE IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $97,625.22 (INCLUDING CONTINGENCY) o PUBLIC HEARING [2J BIDS/MOTIONS o RESOLUTIONS o ORDINANCES FOR 1ST READING (Date _) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes [2J No ~(f!~ EXECUTIVE SUMMARY: The 2005 Drainage Improvement Project will provide a new storm sewer on Pierson Street from 43rd Avenue to Clear Creek and improve the overall drainage in the immediate area. On March 29, 2005, eight (8) bids were received. Scott Contracting, Golden, CO was the apparent low bidder in the total amount of $86,835.20, Their bid met all of the bid reqUirements. References and expenence were investigated by the Public Works Staff Scott Contracting has sucessfully completed a City project and is currently performing the 2005 Concrete Rehab project. Staff recommends award of Bid Alternate 1 in the amount 01'$1,915, which provides for construction ofa temporary irrigation ditch relocation to allow construction of the storm sewer while the ditch is in operation. Staff recommends award of the project to the lowest responSlVe bidder, Scott Contracting, in the amount 01'$88,750.20, COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: Bids for the 2005 Drainage Improvement Project, #D-OI-05, were opened on Tuesday, March 29, 2005, with eight (8) bids received. The bids were comprised ofa base bid and alternate 1. The base bid provided the construction of the storm sewer. Alternate 1 will allow the contruction of a pipe diverSIOn to allow operation of the Oulette Ditch during construction. The base bids ranged from $86,835.20 to $118,932,00 and alternate I were from $1,550,00 to $4,310.00. The Engineer's EstImate for the base bid and alternate I were $ 10 1,780.00 and $1,105 00, respectively, The lowest responsible and responsive bidder, Scott Contracting, Golden, CO has met the bid and qualification requirements. Based upon the contractor's demonstrated capabilities and expenence, Staff recommends award to Scott Contracting. A standard 10% contingency amount of $8,875 02 IS requested for the project. AL TERNA TIVES CONSIDERED: No award and the 2005 Drainage Improvement Projects will not be accomplished. FINANCIAL IMPACT: Fundmg for this project has been approved as thc Miscellaneous Drainage Improvements Project line Item of the 2005 Capital Improvement Program budget in the amount of$105,000 00. RECOMMENDED MOTION: "I move to award ITB-05-13, 2005 Drainage Improvement Projcct, #D-OI-05 to Scott Contractmg, Golden, CO m the amount of$88,750.20, I further move that a contingency amount 01'$8,87502 be approved. I further move that the director of Public Works be authorized to Issue change orders up to a total contract and contmgency amount 01'$97,625.22. I further move that all costs associated with thiS contract be paid from account number 30-302-800- 833, and that thesc funds be encumbered for the length of the project m accordance with Ordinance #787, 1989 Senes." or, "I move to deny award oflTB-05-13 2005 Dramage Improvement Project for the followmg reason(s) " Initiated bY' Report Prepared by' ReViewed by' Steve Nguyen, Engineering Manager Tim Paranto, Director of Public Works Linda Trimble, Purchasing Agent Attachments: I 2005 Capital Improvement Program Descnption 2. Project Location Map 3 Bid Tabulation Capital Investment Program ~ DPW DRAINAGE 1. Local Drainage Projects 2005 Budgct: $105,000 Description: The project will correct Isolated dramage problems at various locations throughout thc City The corrective work pertormed under this project IS limited to ehmmating street drainage conditlOns which cause unsafe conditions tor vehicular and pedestrian traffic, damage to structures and property and potentml damage to the public street system. Work at specific locations is pnoritized according to the magnitude ofthe problem and as many problems as possible will be corrected withm the project budget. Project(s) scheduled tor 2005 are as follows. 1. Pierson Street, south ofW. 44th Avenue Justification: Isolated street drainage problems, which are causing unsafe conditions for vehicular and pedestrian traffic, damage to structures and property and potential damage to the public street system, have been identified by property owners and the Department of Public Works. These problems occur as a result of mad equate drainage conditions withm the public nght-of-way, which are the responsibility ofthe City 2. Clear Creek Study Update 2005 Budget: $45,000 Description: The existing 1979 Clear Creek t100d plain study will be updated to ret1ect changes that have occurred along Clear Creek that may impact t100d t1ows. Justification: Local governmental entities along Clear Creek requested that the Urban Dramage and Flood Control District update the t100d plain studies along Clear Creek to incorporate changes that have occurred along the stream. The study currently used in Wheat Ridge was wntten m 1979. All local governments are providing the matching fundmg for the project. DPW STREETS 1. Minor Street Improvement Projects 2005 Budget: $350,000 Description: This budget line item reserves funds for improvement ofthe intersectlOn of 44th Avenue and Wadsworth by constructmg a nght-turn lane for westbound traffic on 44th Avenue. Justification: This project will address the excessive stackmg of vehicles on 44th Avenue in the westbound lanes ofthe intersection, The Improvement will also allow greater access to 44th Avenue from the properties m the northeast quadrant of the intersection. 188 ATTACHMENT 1 I 47TH AVE In i ~DI ~ ~ 46TH Pl I ~ I;; ~ 46TH AVE " I 0 z :J ~ i' 45TH A\If.. 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'0(\ --:i- ~ ~ ~':::J-.-(', t.\ ~ ':3 ~ ~~ ~ I:-- ~ --;::.- 7-\--;:::' /-"7-./ ~ ~ N I<A- <A \~- t{\ u ~ Ul (/) (/) o o o C( 'Z o 5 ~ ~ SUlUl(( o ~ S ~ OlllUlUl Jl-PD ~ ~ W ~ ~ l : ~ ~ ~ ~ l i~ ~ '5 ~ ~ , l ~ ~ ~ ~ ~ ~ , ~ ~ ~ ~ . ~ w ~ ~ w 'J <( :r: I- '% ..J <( I- o I- ITEM NO: \,13 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' April 11, 2005 TITLE: RESOLUTION 17-2005 - A RESOLUTION APPROVING THE PIERCE STREET UTILITY UNDER-GROUNDING PROJECT, APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $180,000 FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT AL BUDGET APPROPRIATION OF $80,000 o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date' _) o ORDINANCES FOR 2ND READING Quasi-Judicial: 0 ~ ~~ Director of Public Works Cit~C1 EXECUTIVE SUMMARY: The 2005 Capital Investment Program included under-grounding utility lines along Pierce Street from 32nd Avenue to 38th Avenue. Estimates have been provided by Xcel Energy, Qwest Communications and Comcast for relocatmg their utilities to underground facilities, The costs to relocate the telephone and cable lines exceed the budget approved for the work. Staff recommends that $80,000 be transferred from Capital Investment Program undesignated reserves to the Utilities Undergrounding Expenditures, #30-306-800-806, to proceed with the Pierce Street improvements. COMMISSIONIBOARD RECOMMENDA nON: N/A ST A TEMENT OF THE ISSUES: The construction estimates for under-grounding utihties along Pierce Street, between 32nd Avenue and 38th A venue exceed the fundmg budgeted in 2005 for thiS project. Additional funds were programmed for the 2006 Budget ($200,000) to insure completion of the project. A budget transfer of $80,000 from Capital Investment Program undesignated reserves to Utilities Undergrounding Expenditures, # 30-306-800-806, IS reqUired to proceed With the approval of the Pierce Street Utility Under-Groundmg Project. AL TERNA TIVES CONSIDERED: Not authorize the project. FINANCIAL IMP ACT: The costs required to remove the power lines and poles, approxImately $600,000, will be paid from Xcel Energy's Wheat RIdge under-grounding fund. The remainder of the project costs of approximately $180,000 will be paId from the City Capital Investment Program budget. $100,000 was budgeted m 2005 for the PIerce Street under-groundmg project. $80,000 of the fundmg programmed for 2006 ($200,000) would be moved forward to 2005. RECOMMENDED MOTION: "I move to approve Resolution 17-2005 - A Resolution Approving the Pierce Street Utility Under- Groundmg Project, Approving the ExpendIture of Funds m the Amount of $180,000 for the ProJect, Along wIth Amending the Fiscal Year 2005 CapItal Investment Program (CIP) Budget to Reflect the Approval of a Supplemental Budget Appropnation of $80,000 " or, "I move to deny Resolution 17-2005 - A Resolution Approvmg the PIerce Street Utility Under- Grounding Project, Approving the Expenditure of Funds m the Amount of$180,000 for the Project, Along with Amendmg the Fiscal Year 2005 Capital Investment Program (CIP) Budget to Reflect the Approval of a Supplemental Budget Appropriation of$80,000 for the following reason(s) Report Prepared by' ReViewed by' Tim Paranto, Director of Public Works Randy Young, City Manager Patrick Goff: Deputy City Manager Attachments: I Apnl 4, 2005 Pierce Street UtilIty Under-Groundmg Memorandum 2. ResolutIOn 17-2005 - ~1'tIL .-~- ..-.-- ~ ~-&,-. -- ~ City 01 \Vhp.at Ridge Deparlment 01 Public Wurks MEMORANDUM FROM: Randy Young, City Manager Tim Paranto, Director of Public Works TO: DATE: April 4, 2005 SUBJECT: Pierce Street Utility Under-grounding Staff has been working with the utility companies to arrange for removal of the utility poles and lines along Pierce Street from 32nd Avenue to 38th Avenue Formal estimates for the work have been obtained and a summary of project costs has been prepared. UTILITY RELOCATION CURRENT 2005 2006 CIP COST EXCEL 1% BUDGET PROGRAM FUND * Xcel EnerQY $590,032 $764,682 Qwest $135,304 $60,000 $150,000 Comcast $23,019 $20,000 $50,000 Easements, $20,000 $20,000 misc. Total $768,355 $764,682 $100,000 $200,000 *Includes 3-yr borrowing As shown above, estimated project costs exceed currently available funding Project funding options include 1 Amend the 2005 Budget to move the $80,000 CIP Program monies forward to finance the shortfall in the 2005 Budget. 2 Delay the project to early 2006 and re-budget the $100,000 available in the 2005 Budget. I am available to discuss this project at your convenience ATTACHMENT 1 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 17 Series of 2005 TITLE: A RESOLUTION APPROVING THE PIERCE STREET UTILITY UNDER-GROUNDING PROJECT, APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $180,000 FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $80,000 WHEREAS, line item #30-306-800-806 of the Capital Investment Program budget is identified as Utilities Undergrounding Expenditures, and WHEREAS, the 2005 Capital Investment Program includes funding for under- grounding utility lines along Pierce Street from 32nd Avenue to 38th Avenue, and WHEREAS, the construction estimates to relocate the telephone and cable lines exceed the funding budgeted in 2005 for Pierce Street Utility Under-Grounding Project, and, WHEREAS, additional funds are programmed for 2006 ($200,000) to insure completion of the project, and NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1, Proiect Approved. The Pierce Street Utility Under-Grounding Project be approved, Section 2.Budget Amended The following amendments to the 2005 CIP Fund budget are hereby approved (a) A transfer from CIP undesignated reserves in the amount of $80,000 to account #30-306-800-806 Section 3. Expenditure Approved The expenditure of not to exceed $180,000 is hereby approved from CIP account #30-306-800-806, for the purpose of the Pierce Street Utility Under-Grounding Project. ATTACHMENT 2 Section 4.Effective Date This Resolution shall be effective immediately upon adoption, DONE AND RESOLVED this day of ,2005, Gretchen Cerveny, Mayor ATTEST Pamela Anderson, City Clerk RESO 001 2 ITEM NO: L C, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' April 11, 2005 TITLE: RESOLUTION 18-2005 - A RESOLUTION APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEW A Y PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR CLEAR CREEK, ALONG WITH APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $35,000 FOR THE PROJECT o PUBLIC HEARING o BIDS/MOTIONS I:8J RESOLUTIONS o ORDINANCES FOR 1ST READING (Date' _) o ORDINANCES FOR 2ND READING (:~~~ City Mana ' EXECUTIVE SUMMARY: The 1981 Lower Clear Creek DraInageway Plan IS utilized in the regulation of flood plain matters along the reach of Clear Creek through the City of Wheat Ridge. Many changes have occurred in the Clear Creek drainage basin since 1981, making the existing plan obsolete. The Clear Creek Master Planmng and Flood Hazard Area Delmeation Project will update and replace the 1981 Improvement plan for the lower reach of Clear Creek, This project will be admimstered by Urban Drainage and Flood Control District (DIstrict), with participatIOn by five local government agencies. A standard agreement has been prepared by the DIstrict to address participation by the local agencies in the project. The estimated cost of the study is $240,000, with the District financing 50% of the total project. The City is responsible for a proportIOnate share ofthe study determmed by the length of the Clear Creek segment traversing the CIty The City's share ofthe project wIll be $35,000. Staff and the CIty Attorney have reviewed the project scope and agreement and recommend approval by the City CouncIl. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: The new Clear Creek master plan will include segments of Clear Creek in unincorporated Jefferson County, Golden, Wheat Ridge, Denver and unincorporated Adams County. These five agencies have requested and agreed to participate in this update of existing plans. Each agency IS responsible for its share of the cost, as determined by creek length traverses through it jurisdiction, Urban Drainage will bear half of the cost for the study, which is typical for master planning and capital projects. Remapping of the Clear Creek drainageway will be the major component of the study, ALTERNATIVES CONSIDERED: Not approve agreement and 2005 Clear Creek Master Plan Update will not be accomplished, FINANCIAL IMPACT: Fundmg for this program has been budgeted as the Clear Creek Update with UD&FCD line item ofthe 2005 Capital Investment Program budget m the amount of$45,000,OO, The $35,000 cost IS within the amount budgeted. RECOMMENDED MOTION: "I move to Approve Resolution No 18-2005 - A Resolution Approving an Agreement Regarding Fundmg of Major Dramageway Planning Update and Flood Hazard Area Delineation for Clear Creek, Along with Approvmg Expenditure of Funds in the Amount of$35,000 for the Project. I further move to authorize payment to the Urban Dramage and Flood Control Dlstnct in the not to exceed amount of$35,000 I further move that all costs associated with this contract be paid from account #30-302-800-849, and that these funds be encumbered for the length of the project m accordance with Ordmance #787, 1989 Senes. " or, "I move to deny the authonzation to proceed with the study with Urban Dramage and Flood Control District for the following reason( s) " 1m hated by' Report Prepared by: Reviewed by: Steve Nguyen, Engmeenng Manager Tim Paranto, Director of Public Works Randy Young, City Manager Patrick Goff, Deputy City Manager Attachments: 1 Project Agreement with UD&FCD 2, 2005 Capital Improvement Program Description 3. ResolutIOn 18-2005 AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEW A Y PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR CLEAR CREEK Agreement No 05-02.08 THIS AGREEMENT, made thIs day of ,2005, by and between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT (heremafter called "DISTRICT"), ADAMS COUNTY (heremafter called "ADAMS"), CITY OF WHEAT RIDGE (heremafter called "WHEAT RIDGE"), JEFFERSON COUNTY (heremafter called "JEFFERSON"), CITY AND COUNTY OF DENVER (herem after called "DENVER" and CITY OF GOLDEN (heremafter called "GOLDEN"), (heremafter ADAMS, WHEAT RIDGE, JEFFERSON, GOLDEN, AND DENVER shall be collectively known as "LOCAL SPONSORS" and DISTRICT and LOCAL SPONSORS shall be collectIvely known as "PARTIES"), WITNESSETH THAT WHEREAS, DISTRICT m a pohcy statement prevIOusly adopted (Resolution No 14, Series of 1970), expressed an mtent to assIst pubhc bodIes whIch have heretofore enacted floodplam zonmg measures, and WHEREAS, DISTRICT has preVIOusly estabhshed a Work Program for 2005 (Resolution No 88, Senes of 2004) which includes master planmng; and WHEREAS, PARTIES now deSlTe to proceed WIth development of an updated dramageway master plan for Clear Creek and an updated flood hazard area delineation report covering reaches of Clear Creek traversmg LOCAL SPONSOR upstream of ADAMS (heremafter called "PROJECT"); and WHEREAS, PARTIES deSlTe to acqUire mappmg needed to conduct the engmeenng studIes for PROJECT; and WHEREAS, PARTIES deSIre to engage an engmeer to render certam techmcal and profeSSIOnal advice and to compile mformatlon, evaluate, study, and recommend deSIgn solutIOns to such dramage problems for PROJECT whIch are m the best mterest of PARTIES NOW, THEREFORE, m conSIderation of the mutual promises contamed herem, PARTIES hereto agree as follows SCOPE OF AGREEMENT ThIs Agreement defines the responsibihtles and finanCIal commitments of PARTIES WIth respect to PROJECT, 2, PROJECT AREA DISTRICT shall engage an engineer and obtam mappmg as needed to perform or supply necessary seTVIces m connectIOn WIth and respectmg the plannmg of a dramageway master plan for the area and watershed shown on the attached ExhibIt A dated February 2005, (heremafter called "AREA") plan\mpagrm\050208 ATTACI;tMENT 1 MASTER PLANNING FHAD Percentage MaxImum MaxImum Share ContributlOn ContributlOn DISTRICT 5000% $120,000 $50,000 ADAMS 1875% $ 45,000 $ -0- WHEAT RIDGE 14.58% $ 35,000 $ -0- JEFFERSON 2.08% $ 5,000 $ -0- DE1','VER 6,25% $ 15,000 $ -0- GOLDEN 8.34% $ 20,000 $ -0- TOTALS 100 00% $240,000 $50,000 7, MANAGEMENT OF FINANCES Payment by DISTRICT of $170,000, whIch mcludes Its contribution of the preparatlOn of the FHAD report, by ADAMS of $45,000, by WHEAT RIDGE of $35,000, by JEFFERSON of $5,000, by DENVER of $15,000 and by GOLDEN of $20,000 shall be made to DISTRICT subsequent to executlOn of thIs Agreement and wlthm forty five (45) calendar days ofrequest for payment by DISTRICT The payments by PARTIES shall be held by DISTRICT m a specIal fund to pay for mcrements of PROJECT as authonzed by PARTIES, and as defined herem, DISTRICT shall prOVIde a penodlc accountmg of PROJECT funds as well as a penodlc notlficatlOn to LOCAL SPONSORS of any unpaId oblIgatlOns, Any mterest earned by the momes contributed by PARTIES shall be accrued to the specIal fund establIshed by DISTRICT for PROJECT and such mterest shall be used only for PROJECT and will not reqUlre an amendment to thIS Agreement. In the event that It becomes necessary and adVIsable to change the scope of work to be performed, the need for such changes shall first be dIscussed WIth PARTIES, and theIr general concurrence received before Issuance of any amendments or addenda. No changes shall be approved that mcrease the costs beyond the funds available in the PROJECT fund unless and until the addItional funds needed are commItted by PARTIES by an amendment to thIS Agreement. Wlthm one year of completIOn of PROJECT If there are momes mcludmg mterest earned remammg whIch are not c01TIll1ltted, oblIgated, or dIspersed, each party sha11 receIve a share of such monies, whIch shares shall be computed as were the ongmal shares. 8 PROJECT MAPPING Upon executIOn of this Agreement DISTRICT will soliCIt pnced proposals for mappmg semces and engage the mapping firm submlttmg the lowest priced proposal that IS also judged by DISTRICT to be responsible and qualified to perform the work. DISTRICT reserves the nght to reject any proposal and to waive any formal reqUlrements dunng the evaluation of the proposals, DISTRICT will adrrumster the contract WIth the mappmg firm, The mappmg semces contracted by DISTRICT will proVlde for topographic mappmg at a 2-foot contour interval and a scale of 1- mch = 100- feet. plan\mpagm1l050208 3 14 RESPONSIBILITIES OF DISTRlCT Notwlthstandmg any of the provIsIOns of the Agreement, the ExecutIve DIrector ofDISTRlCT, after coordmatIon wIth LOCAL SPONSORS, shall be the only mdlvldual authonzed to dIrect or redIrect the effort funded under thIs Agreement. DISTRlCT may appomt a Project DIrector who shall represent the ExecutIve Dlfector m matters related to PROJECT DISTRlCT shall be responsible for coordmatmg WIth LOCAL SPONSORS the mformat1On developed by the vanous consultants hIred by DISTRlCT and for obtammg all concurrences from LOCAL SPONSORS needed to complete PROJECT m a tImely manner 15 AMENDMENTS ThIs Agreement contams all of the terms agreed upon by and among PARTIES Any amendments to this Agreement shall be m wntmg and executed by PARTIES hereto to be valid and bmdmg, 16 SEVERABILITY If any clause or provlSlon herem contamed shall be adjudged to be mvalid or unenforceable by a court of competent Jurisdict10n or by operat1On of any applicable law, such invalid or unenforceable clause or prOVIsion shall not affect the validIty of the Agreement as a whole and all other clauses or proVISIOns shall be gIven full force and effect. 17 APPLICABLE LAWS Tb1s Agreement shall be governed by and construed m accordance WIth the laws of the State of Colorado Venue for any and all legal act10ns ansmg under the Agreement shall lie m the Dlstnct Court m and for the County of Denver, State of Colorado l8 ASSIGNABILITY No party to thIS Agreement shall aSSIgn or transfer any of ItS nghts or obligatIOns hereunder WIthout the pnor wntten consent of the nonasslgning party or partIes to thIS Agreement. 19 BINDING EFFECT The proviSIOns of thIS Agreement shall bmd and shall mure to the benefit of PARTIES hereto and to theIr respectIve successors and permItted assigns, 20 ENFORCEABILITY PARTIES hereto agree and acknowledge that thIS Agreement may be enforced m law or III eqUlty, by decree of speCIfic performance or damages, or such other legal or eqUltable relief as may be available subject to the prOVISIOns of the laws of the State of Colorado, 21 TERMINATION OF AGREEMENT TIns Agreement may be termmated upon thirty (30) days wntten nonce by any party to thIS Agreement, but only If there are no contmgent, outstandmg contracts. If there are contmgent, outstandmg contracts, this Agreement may only be tenmnated upon the cancellation of all contmgent, outstandmg contracts, All costs assocIated WIth the cancellatIOn of the contmgent contracts shall be shared between PARTIES III the same rat1O(s) as were theIr contribut1Ons and subject to the maxImum amount of each party's contribut1On as set forth herem. plan\mpagrrn\050208 5 (SEAL) ATTEST APPROVED' plan\mpagrm\050208 CITY OF ~~iAT RIDGE By Title Mavor Date 7 I f\" ~ ~~, ,"+-'e,')o , r'''':;;;;:' -J- ~ -.~~,.'~ 'is;l ..j ..... fJf/it':. '~~"~-J,.. "']"~J ~"Fc-"::} ;;:~, ki1~ .~~~~ I.:~~~:,!!::\?-~~- :. :7 ~ '; II :. f-~', :-i~~ :~1l1~ ~ )>'"""J.:':..~,~ '.','J ~,.: ,," (.) ~~~:;-r\:---_ ....---.-~" f ~ .- , -r; ~~) , I J , , , r -,- :I'T\lj' :- ,+~, , -~>u -: ''':l'''' ...., ~ <,.~ '" . ; .:.... ;,~.. . ~~,~ ! ... , '~" .:'IIt . ,>~.. .. -- ~ t6 . '. , .-\MH ,.." \~X' ....."- '::~. : V ...;.... t': j :i :t ~." A~C\ ~ ; :S;1l '''.."7:~:;'f c <C ::I: u.. oll 0'1 C ~ c: It) W c: 0 <t 0 w C'Cl N a::: 0.. ~ I- () >. m a::: C'Cl C'Cl ::l ::I: <C ~ ... >< w Q) .0 W ..J Ol Q) () C'Cl u.. c: 'n; ... 0 ... 0 .- C'Cl :E Capital Investment Program ~ DPW DRAINAGE 1. Local Drainage Projects 2005 Budget: $105,000 Description: The project will correct isolated drainage problems at various locatIons throughout the City The corrective work performed under thiS project IS limited to elImmating street dramage conditions which cause unsafe conditIons for vehicular and pedestnan traffic, damage to structures and property and potentIal damage to the public street system. Work at specific locations IS pnontized according to the magmtude ofthe problem and as many problems as possible will be corrected withm the project budget. ProJect(s) scheduled for 2005 are as follows. 1. Pierson Street, south ofW. 44'h Avenue Justification: Isolated street dramage problems, which are causing unsafe conditions for vehicular and pedestrian traffic, damage to structures and property and potential damage to the public street system, have been Identified by property owners and the Department of Public Works. These problems occur as a result of inadequate dramage conditions withIn the public nght-of-way, which are the responsibility of the City 2. Clear Creek Study Update 2005 Budget: $45,000 Description: The eXistIng 1979 Clear Creek flood plain study will be updated to reflect changes that have occurred along Clear Creek that may impact flood flows. Justification: Local governmental entities along Clear Creek requested that the Urban Drainage and Flood Control Dlstnct update the flood plain studies along Clear Creek to Incorporate changes that have occurred along the stream. The study currently used in Wheat Ridge was written in 1979 All local governments are providing the matchIng funding for the project. DPW STREETS 1. Minor Street Improvement Projects 2005 Budget: $350,000 Description: This budget line item reserves funds for improvement ofthe intersectIOn of 44tl, Avenue and Wadsworth by constructing a right-turn lane for westbound traffic on 44th Avenue. Justification: This project will address the excessive stackIng of vehicles on 44th Avenue In the westbound lanes of the intersection. The Improvement will also allow greater access to 44th Avenue trom the properties m the northeast quadrant of the intersection, 188 ATTACHMENT 2 CITY OF WHEAT RIDGE, COLORADO RESOLUTION NO. 18 Series of 2005 TITLE: A RESOLUTION APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR CLEAR CREEK, ALONG WITH APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $35,000 FOR THE PROJECT WHEREAS, a standard agreement between Urban Drainage and Flood Control District, Adams County, City of Wheat Ridge, Jefferson County, City and County of Denver and City of Golden has been prepared regarding funding of Major Drainageway Planning Update and Flood Hazard Area Delineation for Clear Creek, and WHEREAS, the estimated cost of the study is $240,000, with the District financing 50% of the total project; and WHEREAS, the City of Wheat Ridge is responsible for a proportionate share of the study determined by the length of Clear Creek segment traversing the City, and; WHEREAS, the City's share of the project will be $35,000, and NOW, THEREFORE, BE IT RESOLVED by the Wheat Ridge City Council, that: Section 1. AQreement Approved The Agreement Regarding Funding of Major Drainageway Planning Update and Flood Hazard Area Delineation for Clear Creek be approved, Section 2. Expenditure Approved. The expenditure of not to exceed $35,000 is hereby approved from CIP account #30-302-800-849, for the purpose of the Major Drainageway Planning Update and Flood Hazard Area Delineation for Clear Creek, Section 3,Effective Date This Resolution shall be effective immediately upon adoption ATTACHMENT 3 DONE AND RESOLVED this ATTEST Pamela Anderson, City Clerk RESO 001 day of ,2005. Gretchen Cerveny, Mayor 2 ITEM NO' ~ \ D, REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 11, 2005 TITLE: APPROVAL OF A CONTRACT FOR SERVICES WITH C4i DESIGN GROUP FOR THE DESIGN OF HV AC, ROOF AND ELECTRICAL IMPROVEMENTS AT CITY HALL IN AN AMOUNT NOT TO EXCEED $55,292.00 (INCLUDING CONTINGENCY) D PUBLIC HEARING I:8J BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date' _) D ORDINANCES FOR 2ND READING QuasI-JudiCial D Yes I:8J No D~YU .fOr City Manager I' EXECUTIVE SUMMARY: C4i Design Group prepared plans m 2002 for up-grading the HV AC systems at City Hall. Budget constraints precluded implementation of the planned improvements and a phasmg plan was developed for the project. In 2004 the control system was replaced and the chilled water system is budgeted for action this year Additionally, replacement ofthe flat portIOn of roof and electrical Improvements in the Police Department was budgeted for 2005 and would be mcluded in the City Hall Improvement Project. Staff IS requesting approval to hire C4i Group to up-date the plans and specifications to current standards and assist the Staff in the selection of a contractor to build the City Hall Improvements, COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The 2005 ClP Budget mcludes the second phase of City Hall HV AC Improvements, replacement of the roof in the south portion of the building and installation of electncal equipment for lightning/surge protectIOn and uninterrupted power supply in the Pohce Department. A design engineer must be employed to prepare the design drawmgs and specifications for the project. Staff recommends that the plans prepared in 2002 be utilized, requmng the use of the original engmeer, C4i Design Group. ALTERNATIVES CONSIDERED: Sohcit proposals for a new design for the Improvements planned for this year. FINANCIAL IMPACT: Funds for this project were budgeted in the 2005 Capital Investment Program budget, account number 30-610-800-811, CIty Hall Improvements/Maintenance. Having the eXisting HV AC improvement plans up-dated is much less expensIve than preparing new plans for the work. RECOMMENDED MOTION: "I move to approve a contract for services with C4i Design Group for the design of improvements at City Hall in the amount of $50,266 00 I further move that a contingency amount of$5,026 00 be estabhshed to accomodate any additional desIgn servIce beyond the specified portIOn. I further move that the Director of Pubhc Works be authorized to Issue change orders up to a total contract and contingency amount of $55,292.00 I further move that all costs associated with this contract be paid from account number 30-610-800- 811, and that these funds be encumbered for the length of the project in accordance with Ordinance #787, 1989 Series." or, "I move to deny approval of a contract for services WIth C4i Design Group for the follOWing reason(s) Report Prepared by: Reviewed by' Tim Paranto, Director of Pubhc Works Linda Trimble, Purchasing Patrick GofT, Deputy CIty Manager Attachments: I 2005 Capital Improvement Program Description 2 March 30, 2005 C4i Design Group, Inc. Letter Capital Investment Program - Crack sealing area: Southeast area of the City by priority $200,000 Justification: Preventative street maintenance work is required to replace defective concrete, replace or add to pavement surface by an asphalt overlay, patch Isolated structural failures in existing asphalt streets, waterproof and improve the texture of asphalt wearing surfaces by a slurry seal coat and reduce water infiltration under pavements by sealing cracks. Preventative maintenance prolongs the useful life of streets and sidewalks and reduces the costly alternative of reconstructing streets. DPWTRAFFIC 1. Traffic Signal Improvements 2005 Budget: $200,000 Description: Existing traffic signal installations require upgrade to include new signal heads and detectors. Justification: The scheduled replacement work IS necessary for the proper maintenance of existing equipment and facilitIes. ECONONUCDEVELOPMENT 1. 38th Avenue Business District 2005 Budget: $40,000 Description: Financial assIstance for the operation of the 38th Avenue Business DIstrict. Justification: Assist in the re-vitalizatlOn of this commercial section of the City MUNICIPAL CAPITAL PROJECTS 1. City Hall Improvements 2005 Budget: $630,000 Description: The HV AC chilled water system IS scheduled for replacement. A portion ofthe roof is leakmg and will be replaced. Police Communications Bureau improvements to the electrical system lightening protectIOn and umnterrupted power supply are programmed, Security upgrades to the building will also be installed, Additional undetermined maintenance projects as determined. Justification: The heating and air conditioning system at City Hall is essentially the original equipment installed when the building was constructed, The controls for the equipment were replaced as a 2004 CIPprojectas phase I ofa HVAC replacement plan. Phase 2 will replace the chiller system in 2005, 190 ATTACHMENT 1 Capital Investment Program 1. An evaluation of the mechanical and electrical systems associated with the Police Communications Bureau was conducted in 2003. The recommended improvements dealing WIth the electrical system are scheduled for constructIon in 2005. The Police Department is also recommending installation of additional secunty systems in the pubhc areas and entrances to the building. GIS Updates 2005 Budget: $50,000 Description: The first phase ofthe development of a fully operational geograpmcal mformation system is programmed for 2005, The needs and project outline will be developed in the initial work on thiS project. Justification: There is great need to develop a GIS for use by all departments in the City, The GIS will be a valuable aid in advancing work and responding to requests for information from the public. 191 C4i DESIGN GROUP, INC. ARCHITECTS / ENGINEERS / CONSTRUCTION MANAGEMENT 8035 West 44" Avenue, Suite 200, Wheat Ridge, Colorado 80033 Phone 303-987-3881 Fax 303-987-8202 Email: c4idesign@qwest.net March 30, 2005 Mr Tun Paranto, PE Director of PublIc Works City of Wheat Ridge 7500 West 29th Avenue Wheat Ridge, CO 80215 RE HV AC Retrofit / Renovation Project Dear Tim, The C41 DesIgn Group, Inc. IS pleased to submit our proposal for design changes and supplemental services to meet the approved project goals and review and update the existing documents which C4i provided to the City on 10/17/02, as well as provide the City WIth an Owner's RepresentalIve to complete the installation of the project. As you are aware, the existmg documents are over 3 years old and were designed per the relevant codes; 1997 UBC, 1997 UPC, 1997 UMC, 2002 NEC and the 1997 NLSC. It IS our understanding the City requires we follow the 2003 mc, the 2003 Mechanical Code and the 2003 International Conservation Energy Code or the City of Wheat Ridge Prescnptive 2003 Energy Code. Per your request I have also added the roof replacement into this project as well as supplemental design that we will prOVIde documents for bidding concerning the UPS and mechanical HV AC systems that service their space. Prior to making changes to the existing documents it would be important to plan a kickoff meetmg with the City Departments and Personnel (especially the IT and Computer Center individuals) to review the existing documents to determine the extent of changes that have taken place in the past 3 years. We will then be able to detennine the upgrades that will be necessary to accommodate the present day requirements. During this process we will also be looking at the heating side of the system even though the boiler and domestic heating renovation is scheduled for Phase 3, it is important we review this phase due to the changes that have taken place in the new 2003 energy and building codes. Secondly, as we may be increasing the heating loads due to the increase in ventilation requirements, no,," is the time to verIfy piping any air handling systems that will remam, The actual heating renovation will remain in Phase 3 A. Phase I 1 2, 3 4 5 6. Planning and Programming Upgrades to the Architectural, Mechanical, Electrical and Structural Conduct meetings with the City appointed personneL Analyze present day operatIOnal issues and final equipment needs. Provide plan changes to 10/17/02 existing drawings to meet the approach and budget. Provide a new adjusted set of sealed construction documents (approximately 40 sheets); also provide electronic files of construction documents in AutoCAD 2005 fonnat. Provide a new set of sealed construction documents for the flat roof replacement; also provide electronic files of construction documents in AutoCAD 2005 fonnat. Provide a new set of sealed construction documents for the mechanical and UPS systems per the recommendations provided to the City by RMH Group dated January 30, 2003 (C4i has reviewed these recommendatIons and may provide the City with alternate solutions in order to ensure these are the most cost effective systems within the major HVAC replacement program.) 7 Conduct meetings with bidding contractors, ATTACHMENT 2 8 Provide the City wIth their approved General Conditions documentation for bidding contractors. 9 Approve shop drawings from contractors. 10 Provide on-site periodic project observation. B ProfessIOnal Services Fee Opinion Provide sealed documents on plan changes to the 10/17/ 02 documents to meet 2003 mc, Energy, NEC and 2002 Mechanical codes and present day issues and equipment needs: Architect Engineer Mechamcal & Electrical Engineer. Structural Soils Survey, Concrete & Steel Inspections 42 hours @ $90 per hour 112 hours @ $80 per hour 10 hours @ $80 per hour SUBTOTAL 2 Scope of Work Changes to 10/17/02 documents: Arc!>jtect Engineer Mechanical & Electrical Engineer Structural 10 hours @ $ 90 per hour 22 hours @ $80 per hour 4 hours @ $80 per hour SUBTOTAL 3 CADD Technician Changes to 10/1 7/02 documents Architectural Draftsman Engineenng Draftsman MEP Engineer Draftsman Structural 2 I hours @ $46 per hour 36 hours @ $46 per hour 6 hours @ $46 per hour SUBTOTAL $3,78000 $8,960 00 $ 800 00 $1,80000 $15.34000 $ 900 00 $1,76000 $ 32000 $2,980 00 $ 966 00 $1,656,00 $ 27600 $2,898 00 4 Provide sealed documents within same package (including specifications) for new flat roof for approximately 6240 SF main building at 7500 West 29th Avenue. Architect Engineer Mechanical & Electrical CADD Technician 18 hours @ $90 per hour 4 hours @ $80 per hour 20 hours @ $46 per hour SUBTOTAL $1,62000 $ 320,00 $ 920 00 $2,860 00 5 ProVIde sealed documents within same package for new Mechanical and UPS Systems per RMH Group recommendations dated 1/30/03 Approximate cost $94,000 for equipment and material. Architect Engineer' Mechanical & Electrical Engineer' Structural CADD Technician 18 hours @ $90 per hour 118 hours @ $80 per hour 4 hours @ $80 per hour 49 hours @ $46 per hour SUBTOTAL $1,62000 $8,99000 $ 320,00 $2,254 00 $13,18400 6 Construction Observation: Conduct on-site observation of work in progress and review shop drawings (project anticipated to take 8 months) and attend meetings: Architect Engineer Structural Engineer Adnunistrativel Accounting Prehnunary Search for Grants 42 hours @ $90 per hour 62 hours @ $80 per hour 10 hours @ 80 per hour 32 hours @ $42 per hour 4 hours @ $80 per hour $3,78000 $4,960.00 $ 800 00 $1,34400 $ 320 00 SUBTOTAL $11,20400 7 Reimbursable Expenses (estimate only): Meetmg Minutes, Maps, CADD drawings, all Division Specifications, $1,80000 SUMMARY OF ESTIMATED FEES: 1) Professional Services $15,34000 2) Scope of Work $ 2,98000 3) Ci'oDD $ 2,89800 4) Roof Replacement $ 2,860.00 5) Mechanical & UPS Systems $13,18400 6) Construction Observation $11,204 00 7) Reimbursable Expenses $ 1,800.00 GRAND TOTAL OF SERVICES $50,266.00 (NOT TO EXCEED) On behalf of the C4i Design Group, Inc. we appreciate the opportunity to continue to provide professional services to the City of Wheat Ridge, I will provide the overall Project Management and shall act as the primary contact for this project. If there are any questions or additional infonnatJOn you may require in your evaluation of this proposal, please feel free to contact me directly Sincerely, For the C4i Design Group, Inc, ~~~ Steve Kotris, SE Pnnclpal ~~ WHEAt '" " / ~ 0 - " " ~ C'QLORf,>:VO ITEM NO' Q., REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE- April 11, 2005 TITLE: COUNCIL BILL 04-2005 - AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICTIA TION 1ZI PUBLIC HEARING D BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR 1ST READING (Date.) 1ZI ORDINANCES FOR 2ND READING (Date: April 11, 2005) Quasi-Judicial. D Ycs 1ZI No C<~ fo( City Manager ' 1l:11~~ I'olice C ie EXECUTIVE SUMMARY: ThiS ordmance creates SectIOn 16-113 Sales and SoliCitation m Certain Places Prohibited to address concerns of pubhc safety caused by persons SohcIting for various purposes from occupants of vehicles traveling on streets and highways with the CIty; and Section 16-114 Aggressive Solicitation Prohibited that addresses the reasonable expectations of the public to prohibit aggressIve solicitation, sales and solicitations in certain places. COMMISSION/BOARD RECOMMENDATION: None. STATEMENT OF THE ISSUES: The City continues to experience solicitations, sales and aggressive solicitations in certain areas of the City, especially along the 1-70 corridor Allowmg this behaVIOr causes several public safety concerns pertaming to traffic safety, cnminal activity, public nuisances and property damage, SoliCItation and aggressIve solicitations in these areas has resulted in thirteen (13) incidents in the last SIX (6) months of 2004 requiring a police response to address crimmal activities assocIated WIth soliCItors. In addition, allowing people to solicit within the City limits causes citizens and viSItors to our community to feel victimized and fearful of crime as a result of the begging and aggressive behavior of these solicitors, These ordmances are similar to laws enacted by the cities of Arvada, Denver, Lakewood and Jefferson County These ordinances would allow the police department to be proactive in respondmg to soliCItation and aggressive solicitation m the CIty, as opposed to be being reactive in responding to criminal or traffic related Issues caused by the current situation, AL TERNA TIVES CONSIDERED: This Issue has been brought to City Council before, the last time In July of 2004. At that time the former Police Chief determined that the police department did not have the personnel resources to enforce a new ordinance prohibIting solicitation, and would respond to deal with the specIfic issues InvolvIng subjects who beg for money, food, jobs, etc" as they occurred. In the last SIX (6) months of 2004, this approach resulted in the department responding to thIrteen (13) mcidents of assaults, menacing, disorderly conduct, indecent exposure and possessIOn of alcohol. FINANCIAL IMPACT: The financial impact to the PolIce Department and Municipal Court should be mimmal. RECOMMENDED MOTION: "I move to approve Council Bill 04-2005 An Ordmance Prohibitmg Sales and SolicItations in CertaIn Places, and ProhibIting Aggressive SolicItatIOn on second readIng, and that it take effect upon adoption." or, "I move to table indefimtely Council Bill 04-2005 for the following rcason(s) Report Prepared by' Daniel Brennan, ChIef of Police (303 )235-2911 Reviewed by' Randy Young, City Manager (303) 235-2804 Attachments: I Council Bill 04-2005 CITY OF WHEAT RIDGE, COLORADO INTRODUCED BY COUNCIL MEMBER ROTOLA Council Bill No, 04 Ordinance No, Series of 2005 TITLE. AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICITATION WHEREAS, The City Council of the City of Wheat Ridge Colorado is vested with all power and authority to adopt ordinances for the protection of the public health, safety and welfare; and WHEREAS, the City Council finds that persons soliciting for various purposes from occupants of vehicles traveling on streets or highways within the City pose a threat to safety of those persons, the occupants of vehicles, and the traveling public; and WHEREAS, City Council finds that aggressive solicitation is occurring within the City in a manner not consistent the reasonable expectations of the public; and WHEREAS, city council desires to prohibit sales and solicitations in certain places and also to prohibit aggressive solicitation. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1. Article V of Chapter 16 of the Code of Laws is amended by the addition of a new section 16-113, to read: Sec. 16-113 Sales and Solicitation in Certain Places Prohibited. (a) It shall be unlawful for any person to solicit employment, business, contributions, or sales of any kind, or collect monies for same, from the occupant of any vehicle traveling upon any street or highway within the city when such solicitation or collection' (1 ) Causes the person performing the activity to enter onto the traveled portion of a street or highway; or (2) Involves the person performing the activity to be located upon any median area which separates traffic lanes for vehicular travel in opposite directions; or ATTACHMENT 1 (3) The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the transaction (b) It shall be unlawful for any person to solicit or attempt to solicit employment, business, or contributions of any kind from the occupant of any vehicle on any highway included in the interstate system including any entrance to or exit from such highway, (c) No person shall solicit on private property if the owner, tenant, or person in lawful control of the property has asked the person to leave or has asked the person to refrain from soliciting on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property (d) No person shall solicit when either the solicitor or the person being solicited is located within twenty (20) feet of any automated teller machine, Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the facility. (e) No person shall beg in any public parking lot or public parking structure to which the public or substantial number of the public has access, (f) No person shall solicit within six (6) feet of an entrance to a building to which the public has access, (g) No person shall solicit when the person being solicited is located within the patio or sidewalk area of a retail business establishment that serves food and/or beverages. (h) No person shall solicit in a public place during the night. (i) No person shall beg when either the solicitor or the person being solicited is located within twenty (20) feet of a public toilet. (j) No person shall solicit when either the solicitor or the person being solicited is located within twenty (20) feet of any pay telephone provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility. (k) No person shall solicit when the person being solicited is waiting in line for tickets, for entry into a building or for another purpose, (I) The words and phrases used herein, unless the context otherwise indicates, shall have the following meaning: 2 (1) Automated teller machine shall mean a device, linked to financial institutions' account record which is able to carry out transactions, including, but not limited to account transfers, deposits, cash withdrawals, balance inquiries, and mortgage and loan payments. (2) Automated teller machine facility shall mean the area comprised of one (1) or more automatic teller machine and any adjacent space, which is made available to banking customers after regular banking hours. (3) Financial institution shall mean any bank, industrial bank, credit union, or savings and loan as defined in Title 11 of the Colorado Revised Statutes, (4) Night shall mean one-half hour after sunset until one-half hour before sunrise. (5) Public place shall mean a place to which the public or a substantial number of the public has access, and includes but is not limited to any street, sidewalk, highway, parking lot, plaza, transportation facility, school, place of amusement, park, or playground. (6) Soliciting shall mean any solicitation made in person requesting an immediate donation of money or other thing of value. Purchase of an item for an amount far exceeding its value, under circumstances where a reasonable person would understand that the purchase is in substance a donation, is a donation for the purpose of this section, (7) Traveled portion of the street or highway shall mean that portion of the road normally used by moving motor vehicle traffic, Section 2. Article V of Chapter 16 of the Code of Laws is amended by the addition of a new section 16-114, to read: Sec. 16-114 Aggressive Solicitation Prohibited. No person shall engage in aggressive solicitation in any public place. Aggressive solicitation shall mean begging or soliciting accompanied by or followed immediately by one or more of the following: (a) Intentionally continuing to solicit from a person after the person has given a negative response to such solicitation. 3 (b) Intentionally making any physical contact with or touching another person in the course of the solicitation without that person's consent. (c) Intentionally blocking or interfering with the safe or free passage of a pedestrian or vehicle operator to take evasive action to avoid physical contact in the course of soliciting. (d) Intentionally using violent or threatening gestures toward a person solicited which would cause a reasonable person to be fearful for his or her safety, (e) Persisting in closely following behind or alongside, or walking immediately ahead of a person who has been solicited with the intent of asking that person for money or other things of value, after the person solicited has informed the solicitor by words or conduct that such person does not want to be solicited or does not want to give money or anything of value to the solicitor (f) Intentionally using profane, threatening, or abusive language, either during the solicitation or following a refusal to make a donation, which tends to invite an immediate breach of peace. (g) Approaching or following a person for solicitation as part of a group of two (2) or more persons, in a manner and with conduct, words, or gestures intended or likely to cause a reasonable person to fear imminent bodily harm or damage or loss of property or otherwise to be intimidated into giving money or other things of value. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be attained, Section 4. Effective Date, This Ordinance shall take effect upon adoption at second reading, as permitted by the Charter. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 8 to 0 on this 28th day of March, 2005, ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 11, 2005, at 7:00 o'clock p,m" in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of to , this day of , 2005. 4 SIGNED by the Mayor on this ATTEST. Pamela Anderson, City Clerk First Publication: Karch 31. 2005 Second Publication: Wheat Ridge Transcript Effective Date. day of ,2005 Gretchen Cerveny, Mayor Approved As To Form Gerald E. Dahl, City Attorney 5 ITEM NO' 3 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE' Apnl 11, 2005 TITLE: COUNCIL BILL 05-2005 - AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (CASE NO. WCA 05-01) o PUBLIC HEARING o BIDS/MOTIONS o RESOLUTIONS ~ ORDINANCES FOR 1 ST READING (Date: April 11, 2005) o ORDINANCES FOR 2ND READING Quasi-Judicial. o Yes ~ No 4~ ~~(~ City Man er Community Development Director EXECUTIVE SUMMARY: ThIS ordmance changes the number of votes needed for the Board of Adjustment to approve an action, Currently a three-fourths majority vote is required for the Board to approve the requests It hears. The ordmance changes this reqUIrement to a simple majority vote. COMMISSION/BOARD RECOMMENDATION: No other Board or Commission recommendation is required; however, at Council's direction, this change was discussed with the Board of Adjustment at their meeting on March 24, 2005. The Board unanimously favored not changing the voting requirement. STATEMENT OF THE ISSUES: While this voting requirement may have been needed in the past to make It more difficult to gain approval of what could be termed use variances, the amendments to the Code adopted in 2001 do not allow the City to grant a vanance to anything that IS prohibited, nor to anything other than development standards or items specifically set out for variances, In other words, someone in an R -1 zone district cannot request a variance to build a car wash on their residential lot. The Community Development Department has had variance cases in front of the Board of Adjustment where the vote is 5-3 in favor of a motion to approve the request, but because of the voting requirement, the request IS denied because It takes 6 affirmative votes to approve. If only 7 members are present, an application can be denied with a vote of 5-2 because 6 votes are reqUIred to approve the action. There are other actIons taken by the Planning Commission or City Council WIth far greater impact than a variance, such as a rezoning or speCial use, which require only a simple m~ority vote AL TERNA TIVES CONSIDERED: Do not amend the votmg requirements, FINANCIAL IMPACT: There IS no financial Impact to adopting this ordinance. RECOMMENDED MOTION: "I move to approve Council Bill 05-2005 on first readmg, order it published, public hearing set for Monday, May 9, 2005 at 7:00 p.m, in City Council Chambers, and that it take effect 15 days after final publIcation." Or "1 move to table indefimte1y CouncIl Bill 05-2005 for the following reason(s) " Report Prepared by' Alan White, Community Development DIrector Attachments: 1 Council Bill No. 05-2005 050411 CAF 1st reading BOA Voting INTRODUCED BY COUNCIL MEMBER Council Bill No. 05 Ordinance No. Series of 2005 TITLE: AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. SectIOn 2-53 (d) of the Wheat Ridge Code of Laws IS hereby amended as follows. (d) NotwIthstandIng any other provision in this section, the following voting rules shall be In effect for all All matters requiring decision by the board of adjustment to grant any variance, waiver, temporary building or use permIt, any interpretation or floodplaIn special exception permit (or for any matter reqUIring deCIsion by the planning commission or the city council under SectIon 26-6 (D) ofthe Zoning Ordinance of the city}. }.umbers Present Veres Needed to Approve 8 7 6 5 6 6 5 1 All other actions shall be taken by majority vote of the members present. Section 2. Safety Clause. The City CouncIl hereby finds, determines, and declares that this ordinance IS promulgated under the general police power of the City of Wheat Ridge, that it IS promulgated for the health, safety,. and welfare of the public and that this ordinance is necessary for the preservation of health and safety and for the protection of publIc convenience and welfare. The City Council further determines that the ordmance bears a rational relation to the proper legislative object sought to be attained. Section 3. SeverabilIty; ConflictIng Ordinances Repealed. If any section, subsectIOn or clause of this ordmance shall be deemed to be unconstitutional or otherwise invalid, the validIty of the remaimng section, subsections and clauses shall not be affected thereby. All other ordinances or parts of ordinances in conflict with the provisions of this ordInance are hereby repealed. Section 4. Effective Date. This ordinance shall take effect 15 days after final publIcation. ATTACHMENT 1 INTRODUCED, READ, AND ADOPTED on first readmg by a vote of _ to _ on this _ day of , 2005, ordered pubhshed in full in a newspaper of general cIrculatIOn m the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 9, 2005, at 7:00 o'clock p.m., m the CouncIl Chambers, 7500 West 29th A venue, Wheat Ridge, Colorado READ, ADOPTED AND ORDERED PUBLISHED on second and final readmg by a vote of to , this day of , 2005 -- - SIGNED by the Mayor on thIS _ day of ,2005 GRETCHEN CERVENY, MAYOR ATTEST. Pamela Y Anderson APPROVED AS TO FORM BY CITY ATTORNEY GERALD DAHL, CITY ATTORNEY 1 st Publication. 2nd Pubhcation: Wheat RIdge Transcript Effective Date: ITEM NO: ~ REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE. April II, 2005 TITLE: RESOLUTION 19-2005 - A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE PURCHASE OF A REPLACEMENT VAN FOR THE SENIOR PROGRAM o PUBLIC HEARING o BIDS/MOTIONS C8J RESOLUTIONS o ORDINANCES FOR 1 ST READING (Date: _) o ORDINANCES FOR 2ND READING Quasi-Judicial: o Yes ~ No , , Cit~~~~ ;" /',. I ... .,.... I I 'L<..)~ ~,arks and Recreation Director \ '- EXECUTIVE SUMMARY: The City's 15 passenger van used for senior center trips and tours program was involved in an accident in Febmary 2005, The damaged van was evaluated by the insurance company and it was determmed that the van needed to be replaced, A new senior van was not budgeted in the 2005 budget. This van is one of two in the fleet used for the program. These trips are taken an average of four times per week. The estimated cost for a replacement vehicle IS approximately $55,000, The proposed replacement vehicle is similar to the bus purchased in 2004 for the same purpose and meets current safety standards for 15 passengers. COMMISSIONIBOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: The 15 passenger van in need of replacement IS one of two vehicles needed to operate the senior center tnps and tours program at the current level of service. If the van is not replaced in 2005 the program will need to be cut back by 50%. A smaller van assigned to the Recreation Center, as well as a car, have been used since the 15 passenger van has been out of service Staff is requesting that the van be replaced this year to mamtam programming and customer service levels. If the replacement is not appropriated until the 2006 budget, the time line for replacement would be approximately 12 months from now ALTERNATIVES CONSIDERED: Not amend the 2005 budget, and not replace the vehicle this year. FINANCIAL IMPACT: The replacement vehicle is currently estImated at $55,000 and is not to exceed $60,000, RECOMMENDED MOTION: "[ move to approve Resolution 19-2005 - A Resolution Amending the Fiscal Year 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$60,000 for the Purchase of a Replacement Van for the Semor Program." or, "I move to deny ResolutIOn 19-2005 - A Resolution Amendmg the Fiscal Year 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$60,000 for the Purchase ofa Replacement Van for the Semor Program for the following reason(s) " Report Prepared by: Joyce Manwanng, Parks and Recreation Director Reviewed by: Patnck Gotl Deputy City Manager Attachments: I. ResolutIon 19-2005 050411 CAF Budget Amendment van RESOLUTION NO. 19 Series of 2005 TITLE: A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE PURCHASE OF A REPLACEMENT VAN FOR THE SENIOR PROGRAM WHEREAS, the City of Wheat Ridge provides a trips and tours program through the Semor Center; and WHEREAS, the City of Wheat Ridge wishes to continue this program at the current level, and WHEREAS, the City Council supports Senior Recreation programs; WHEREAS, staff recommends the replacement of the van in 2005 to maintain this program; and WHEREAS, the Wheat Ridge Charter requires that amendments to the budget be effected by the City Council adopting a Resolution; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: The followmg amendment to the 2005 General Fund budget is hereby approved. (a) A supplemental budget appropnation from General Fund undesignated reserves m the amount of $60,000 to account #01-303-800-807 for the purpose of replacing the van for the Senior Program. This resolution shall be effective immediately upon adoption. DONE AND RESOLVED THIS DAY APRIL 11,2005. Gretchen Cerveny, Mayor ATTEST: Pam Anderson, City Clerk ATTACHMENT 1 lTEMNO 5 I REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE April II, 2005 TITLE: PLANNING COMMISSION APPOINTMENT, DISTRICT II D PUBLIC HEARING [gJ BIDS/MOTIONS D RESOLUTIONS D ORDINANCES FOR I ST READING (Date: _) D ORDINANCES FOR 2ND READING QuasI-Judicial: D Yes [gJ No ~,:" ~'1' '-', (> 1\,')--, ,,' -Ji.L1 v,"\_: City Clerk , \ , ~ Clt~~~ EXECUTIVE SUMMARY: The Planning Commission currently has a vacancy in District II, term ending 3/2/08 The City Clerk's Office has received two applications for this pOSition, Rachel Baldon and Cassandra Spaniel. COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: If an applicant IS not appointed to the Wheat Ridge Planmng CommissIOn a vacancy will remain. ALTERNATIVES CONSIDERED: Not appomt the applicant to fill the vacancy in the Planning Commission, District II. FINANCIAL IMP ACT: N/A RECOMMENDED MOTION: r . ,_ /') "I move to appoint l 0-- );>C'v~jv~c\. ')Y("~\..IZ~ to the Planning Commission, term to expire March 2, 2008, or, "I move to Attachments: }, Rachel Baldon application to Planning Commission 2 Cassandra M. Spaniel application to the Planmng Commission, rDI5tribu~l: -;J, Council: '6" Date: i'15 O~ Mayor: \..-- C'lty ClerK: i--"" City Mgr: ....-" City Treas: City Atty: <- Mer ^ iIv'Iu.1t Depl Heads: C.._ .___ ~ - - -. -- ...,' )~' .\ .- , i ~ .... 1- ~ ,. j OS NAR 25 PLEASE APPL YONL Y FOR ONE BOARD OR ~-- COMMISSION APPLICATION FOR APPOINTMENT TO THE. (J/<1N(v)N=i . (BOARD/COMMISSION/COMMITTEE) DATE. c:Sa '5! 0 S DISTRICT K HOW LONG HAVE YOU BEEN A RESIDENT OF WHEAT RIDGE: \.1. ARE YOU A REGISTERED VOTER? V-c- S I WHY ARE YOU SEEKING THIS APPOINTMENT? T' 0 '4 I' \/ l JbqC I::. 10 my COfhfr\()f\.),',)', DO YOU HAVE EXPERIENCE IN THIS AREA?-.-N 0 HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? NO ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? t\lO SIGNATURE ~ ~ PLEASE PRINT OR TYPE NAME G2qc- h'C-( dj91doN ADDRESS, ) Cj I 0 (;v 46/" fAu C HOME PHONE: '$ = ~ - 940-7SS'q BUSINESS PHONE. '=< <.:> ":s - i.fb~- r; (O~I (u?,< S...,. (PI" (C -(" r~q ch /iv: 'iT) E-MAIL ADDRESS: ~" ~ CB~i IJo"," DJ)(JiJ2( (' 0 GCJv." APPLICATION WILL BE KEPT ON FILE FOR ONE YEAR ATTACHMENT 1 PLEASE APPLY ONLY FOR ONE BOARD OR COMMISSION ~, q 1 ~ , , ;: ~ [ .\ Y 1-. 05 MAR - 9 Af11l:: APPLICATION FOR APPOINTMENT TO THE: Planning Commission (BOARD/COMM ISSION/COMMITTEE) DATE: 3/08/05 DISTRICT II HOW LONG HAVE YOU BEEN A RESIDENT OF Wl-fEAT RIDGE 22+ years ARE YOU A REGISTERED VOTER? Yes Wl-fY ARE YOU SEEKING THIS APPOINTMENT? To become involved with the future growth of Wheat Ridge. DO YOU HAVE EXPERIENCE IN THIS AREA? No HAVE YOU EVER SERVED, OR ARE YOU CURRENTLY ON A BOARD/COMMISSION/COMMITTEE AND IF SO, WHICH ONE? HOW LONG? Wheat Ridge Foundation ARE THERE ANY CONFLICTS WHICH WOULD INTERFERE WITH REGULAR ATTENDANCE OR DUTIES? No SIGNATURE (~~iJf~ PLEASE PRINT OR TYPE NAME Cassandra M. Spaniel ADDRESS: 7155 W. 42nd Ave. Wheat Ridge HOME PHONE. 303-424-6168 Distributed 8USINES~~ Dale:~ Mayor: V- City Clerk: '. City Treas: -MAIL A~~t Dept Heads: 303-607-3414 cspanielekmg.com ON WILL BE KEPT ON FILE FOR ONE YEAR ATTACHMENT 2 ITEM NO: ----0-- REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE: April 11, 2005 TITLE: RESOLUTION 20-2005 - A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT AL BUDGET APPROPRIA nON IN THE AMOUNT OF $157,690.96 FOR THOSE COSTS ASSOCIATED WITH THE RADIO REPLACEMENT PROJECT THAT ARE ABOVE THE U.A.S.I GRANT AWARD D PUBLIC HEARING D BIDS/MOTIONS ~ RESOLUTIONS D ORDINANCES FOR 1ST READING (Date:_) D ORDINANCES FOR 2ND READING Quasi-Judicial. D Yes ~ No Cit~~ EXECUTIVE SUMMARY: In 1996, the City purchased its current radio system (system infrastructure, radios, and consoles) for the Police, Public Works, and Parks and Recreation Departments, The Wheat Ridge Fire Protection District is also an end user of the current system and has purchased radios for the District's use. The current system provides approximately 67% coverage throughout the City and otfers limited interoperability to enable the police department to communicate with other public safety agencies. To increase officer safety and efficiencies in operations, it is recommended that the current radio system be replaced. In the past two years, local and national homeland security has become of paramount importance. Subsequently, the Federal Ot1ice for Domestic Preparedness (ODP) provided financial assistance to selected urban areas through the FY 2003 Urban Areas Security Initiative (U.A.S.l.) to assist local governments with their security needs. The Cities of Denver and Wheat Ridge are the recipients ofa 2003 U.A.S.1. grant award, Wheat Ridge's portion of this grant totals $1,553,52970 The purpose of the grant is twofold. (I) To improve radio coverage for the City of Wheat Ridge and (2) provide opportunities for radio system interoperability between the Denver metro area public safety communities. The grant award will cover all but $46,960 96 of the expenses directly related to this project. In addition, the grant will not cover the replacement of radios for those City operations that are not considered "first responders" which totals $110,730 00 It is also recommended that a contingency fund of $90,000 00 be established, from funds already budgeted in the 2005 Budget, to cover unanticipated costs that may be encountered as this project is implemented, COMMISSION/BOARD RECOMMENDATION: N/A STATEMENT OF THE ISSUES: There are two major issues with the City's current radio system, The first issue is that of radio coverage. The City has hired a consultant to assist with this project. The consultant, Pericle Communications Company, has conducted several drive tests throughout the City to determine radio coverage. This study shows that the City currently experiences approximately 67% radio coverage throughout the City This has resulted in morale and otl'icer safety issues within the police department, and was mentioned as a recommendation in the organizational assessment report. The second issue involves interoperability lnteroperability is the ability to communicate with other radio systems. The current radio system otTers limited interoperability with other agencies, Direct car to car radio interoperability with other law enforcement agencies does not exist on the current system. The new radio system offers more advantages for the following reasons, (I) Our bordering law enforcement agencies (Denver, Lakewood, and Arvada) operate on the same system, (2) regional direct car to car interoperability will be possible with other MIA-COM users (Stargate), and other vendors, such as Motorola (Network First), The third issue involves the purchase of radio equipment for the Parks and Recreation Department and the Public Works Department. The grant monies can only be spent on those city departments or portions of the department which are considered as "first responders" Therefore, City funds will have to be used to purchase this additional radio equipment for the Public Works and Parks and Recreation Departments to complete the radio replacement project. The final issue involves the grant award not covering the total cost of the new radio system. The reasons for the grant amount being exceeded are twofold. The first involves an increase in costs by the radio system vendor MIA-COM The pricing originally quoted was current as of2003 Secondly, the grant requires the APCO P25 common air interface, which has substantially increased in price from the original vendor quote, Intergovernmental Agreements (IGA's) with the West Metro Fire District and the Wheat Ridge Fire Protection District for this project are currently being developed and will be brought forward to City Council at a future meeting for approval. ALTERNATIVES CONSIDERED: The alternative is for the City to purchase a complete, stand alone, radio communications system, To purchase the system infrastructure and other equipment necessary to provide the City it's own, stand alone, system would exceed an additional $1.5 to $2.0 million dollars, FINANCIAL IMPACT: Proiected Grallt Revellues .,. Original Grant Amount: .,. Denver Grant Amount: .,. Wheat Ridge Grant Amount Adjustment: Wheat Ridge Grant Final Amount: $1,679,18500 $ 124,83319 $ 822.11 $1,553,529.70 Proiected Radio Reolacement Proiect Exoellses .,. Police Department: Ii' Municipal Court: $ 596,661 96 $ 16,13900 )... Public Works (First Responder) )... Accessories: y Administrative/Project Engineering: y Site Upgrade Costs: )... Wheat Ridge Fire Protection District: Total Expenses: $ 120,027 00 $ 48,16468 $ 173,756.02 $263,71100 $ 356,195.00 $1,574,654.66 Difference Between Projected Grant Revenues And Projected City Radio Replacement Project Expenses: -$ 20,080 96 Difference Between Projected Grant Revenues Aud Projected WRFPD Radio Replacement Project Expenses: -$ 1.044 00** ** Note' The Wheat Ridge Fire Protection District, through Fire Chief Jim Payne, has agreed to pay this cost. There are additional costs for the Police Department equipment and software feature that will be incurred in addition to the shortfall noted above. These costs are' .,. Upgrade of the logging recorder' ,. Replace police vehicle antennas, ,. Radio leather holsters. .,. Priority Scan, Total: $10,000 00 $ 3.00000 $ 2,520 00 $11.360,00 $26,880.00 Grant total additional grant related costs: $46,960.96 The non-grant costs to complete the radio replacement project include the following: .,. Public Works Engineering with P25 Interface: .,. Parks & Recreation Department with P25 Interface Total: $ 22,832.00 $ 87,898,00 $110,730.00 The costs to the City for this project are summarized as follows. ,. DitTerence between Grant Revenues & Project Expenses. .,. Additional Police Department Costs: .,. Non-grant costs to complete project: Total Project Costs in excess of grant award: $ 20,08096 $ 26,880 00 $110.730,00 $157,690.96 RECOMMENDED MOTION: "I move to approve Resolution 20-2005 - A Resolution Amending the General Fund 2005 Budget to Reflect the Approval of a Supplemental Budget Appropnation III the Amount of$157,690 96 for those Costs Associated with the Radio Replacement Project that are Above the U.A.S.I. Grant Award. I further move to authorize a contingency fund in the amount of$90,000 from 2005 budgeted funds for unanticipated expenditures related to this project and that these funds be encumbered for the length of this proJcct." or, "I move to deny Resolution 20-2005 - A Resolution Amending the General Fund 2005 Budget to Reflect the Approval of a Supplemental Budget Appropriation in the Amount of$157 ,690.96 for those Costs AssoClatcd with the RadlO Replacement Project that are Above the U.A.S.I. Grant Award for the following reason(s) Report Prepared by: ReViewed by' Joe Cas sa, Pohce Bureau Commander Dan Brennan, Police Chief Patrick Goft~ Deputy City Manager Attachments: 1 Resolution 20-2005 RESOLUTION NO. 20 Series of 2005 TITLE: A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENT AL BUDGET APPROPRIATION IN THE AMOUNT OF $157,690.96 FOR THOSE COSTS ASSOCIATED WITH THE RADIO REPLACEMENT PROJECT THAT ARE ABOVE THE U.A.S.1. GRANT AWARD WHEREAS, the City's current radio system provides only approximately 67 percent coverage throughout the City and offers lImited interoperability to enable the Policc Department to commumcate with other public safety agencies, WHEREAS, City Council IS committed to increasing officer safety and providmg quality public safety services to the reSidents of Wheat Ridge; WHEREAS, the Cities of Denver and Wheat Ridge are the recipients of a 2003 U.A.S I. grant to fund the Radio Replacement Project; WHEREAS, the U.A.S.1. grant will cover all but $157,690 96 of the expenses for the Radio Replacement Project; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge 2005 General Fund Budget be amended accordingly, specifically transferring $157,690.96 from General Fund undesignated reserves into account #01-204-800-805 and the funds to be encumbered for the length of thiS project. B. A contingency fund in the amount of $90,000 be established from funds already budgeted in the 2005 Budget and the funds to be encumbered for the length of thiS project. DONE AND RESOLVED THIS _ day of April, 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk ITEM NO It REQUEST FOR CITY COUNCIL ACTION COUNCIL MEETING DATE, Apnl 11, 2005 TITLE: RESOLUTION 21-2005 - A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $198,000 FOR A NEW PAY PLAN FOR CAREER-PATH SWORN POSITIONS IN THE POLICE DEPARTMENT o PUBLIC HEARING o BIDS/MOTIONS ~ RESOLUTIONS o ORDINANCES FOR 1 ST READlNG (Date. _) o ORDINANCES FOR 2ND READlNG QuasI-JudIcial. 0 (~ Deputy CIty Manager ~ No City~~~ EXECUTIVE SUMMARY: In 2004, a Police Department Organizational Assessment was conducted by an outside consultant in antiCipatIOn of the recrUitment for a new polIce chief. As part of the assessment tindings, several recommendatIOns were given, one of which mcluded reviewing Police Department compensation issues. In addition, the City Councilldentitied "Police Assessment. Implementation Actions" as a top pnority m their 2005 Strategic Plan. Hence, a comparison review ofthe pay systems uscd by those mumcIpal agencies the City considers to be in the same comparative market was conducted. Statl recommends creating a separate pay plan for "career-path sworn" positIOns m the PolIce Department. The pay plan would be implemented on July 2, 2005 at a cost of $198,000 for the remainder of the 2005 budget year COMMISSION/BOARD RECOMMENDATION: N/A ST A TEMENT OF THE ISSUES: In order to remam competitive with other sUlToundmg law enforcement agencies the City recommends a separate pay plan for all "career-path sworn" positions in the Police Department including Police Recruit, Police Ot1icer, PolIce Sergeant and Police Commander. The proposed pay plan includes the following changes: I Compression of the current "Step" pay system from nine (9) steps to sevcn (7) steps, 2, Combinmg the classification of Police Ot1icer I and Police Officer II, 3. Placing the mlmmums and maxlmims of each pay range at the 70th percentile of the market range, The proposed pay plan would become effective July 2, 2005 AL TERNATIVES CONSIDERED: Other alternatives reviewed: 1 Reclassification of the positions to a higher pay grade m our current pay plan; 2. Compression of our current pay system, 3 Development of a separate pay plan for these positIOns at the 651\ 701\ and 75th percentile, FINANCIAL IMPACT: Implementation of the proposed new pay plan on July 2, 2005 would mcrease Police Department salary and associated benefit expenditures by $198,000 in 2005 If approved, the new pay plan will mcrease the annual Police Department budget by $365,000, RECOMMENDED MOTION: "I move to approve Resolution 21-2005 - A Resolution Amendmg the 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropriation in the amount of$198,000 for a New CompensatIOn Plan for Career-Path Sworn Positions in the Police Department." or, "I move to deny Resolution 21-2005 - A Resolution Amending the 2005 General Fund Budget to Reflect the Approval of a Supplemental Budget Appropnation in the amount of $198,000 for a New Compensation Plan for Career-Path Sworn Positions in the Police Department for the followmg reason(s) " Initiated by: Karen M. Croom, Human Resources Manager Report Prepared by' Karen M. Croom, Human Resources Manager Reviewed by: Patrick Goft~ Deputy City Manager Attachments: I Proposed Pay Plan for Career-Path Sworn Positions 2. Resolutton 21-2005 cc: Request for City Council Action-report form 2005 Mid-Year "Career-Path" Sworn Positions Pay Plan PAY POSITION TITLE RANGE STEP STEP STEP STEP STEP RANGE GRADE MINIMUM 2 ~ 4 ~ 6 MAXIMUM P-1 Police Recruit annual $ 40,756 monthly $ 3,396 hourly $ 195944 P-2 Police Officer annual $ 43,047 $ 45,706 $ 48,530 $ 51,528 $ 54,711 $ 58,091 $ 61,680 monthty $ 3,587 $ 3,809 $ 4,044 $ 4,294 $ 4,559 $ 4,841 $ 5,140 hourly $ 20 6957 $ 21 9743 $ 233317 $ 247731 $ 26 3035 $ 27 9284 $ 29 6537 P-3 Police Sergeant annual $ 63,627 $ 65,730 $ 67,903 $ 70,147 $ 72,465 $ 74,861 $ 77 ,335 monthly $ 5,302 $ 5,478 $ 5.659 $ 5,846 $ 6,039 $ 6,238 $ 6,445 hourly $ 30 5900 $ 316010 $ 32.6455 $ 33 7245 $ 34 8392 $ 35 9907 $ 371802 P-4 Police Commander annual $ 79,872 $ 82,618 $ 85,458 $ 88,396 $ 91,434 $ 94,577 $ 97,829 monthly $ 6,656 $ 6,885 $ 7,121 $ 7,366 $ 7,620 $ 7,881 $ 8,152 hourly $ 38.4001 $ 397201 $ 410855 $ 42.4979 $ 43.9588 $ 45 4699 $ 470330 RESOLUTION NO. 21 Series of 2005 TITLE: A RESOLUTION AMENDING THE 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $198,000 FOR A NEW PAY PLAN FOR CAREER-PATH SWORN POSITIONS IN THE POLICE DEP ARTMENT WHEREAS, a Pollce Department Organizational Assessment was conducted in 2004 by an outside consultant; WHEREAS, the Assessment concluded that In order for the City to be competitive in hiring and retaining sworn police officers, the City should review its Police Department compensation plan; WHEREAS, the City IS In the process of hiring ten additional Police Department personnel with revenues from the increased sales tax rate; WHEREAS, the City Council IS committed to hiring and retaining quality Police Department personnel, NOW THEREFORE BE IT RESOLVED by the City Council of the City of Wheat Ridge, Colorado, as follows: A. The City of Wheat Ridge 2005 General Fund Budget be amended accordingly, specifically transferring $198,000 from General Fund undesignated reserves to the appropriate accounts in the General Fund. DONE AND RESOLVED THIS _ day of April, 2005. Gretchen Cerveny, Mayor ATTEST: Pamela Anderson, City Clerk Memorandum - Confidential City of Wheat Ridge TO: Mayor and City Council Members THROUGH Randy Young, City Manager FROM Daniel Brennan, Chief of Police Karen Croom, Human Resources Manager Patrick Goff, Deputy City Manager DATE: April 6, 2005 SUBJECT. Proposed Pay Plan/or "Career-Path Sworn" Positions OVERVIEW Through our joint efforts, the following information regarding a compensation plan for our sworn officers is presented for your consideration, In order to avoid some of the anxieties that result with impending change, this information has been kept confidential, with a few exceptions to include us, the City Manager and the Police Command staff. It is requested that this confidentiality remain intact through our review process and until such time that your final determinations are made As recommended by the consultants, Dr Jerry Williams and Rainguet & Associates, a market pay comparison was conducted for all "career-path sworn" positions as maintained in the City of Wheat Ridge This included Police Recruit, Police Officer, Police Sergeant, and Police Commander The pay study included the agencies considered to be our comparative market governmental organizations and encompassed the review of their Pay Plan designs: . Type of Plan, ("Step", Open Range, Pay for Performance); . If a "Step" Pay Plan, the number of Steps included; . The number of years to reach maximum of the pay ranges, · The positions included in the Pay Plan, (sworn only, sworn and civilian combined). AL TERNA TIVES The City looked at several options in the placement of the minimums and maximums of the pay range. The mitial research of comparative police pay plans showed the Wheat Ridge Police Department was at best m the lower 25% or last. Human Resources and the Police Department studied several alternatives including a compression of the pay plan, increase in salaries and developing a separate pay plan for "career-path sworn" positions, Our team conducted a comparative review that placed the Wheat Ridge police officer pay plan at the 65th, 70th, or 75th percentile, The cost figures for each of these plans are attached for your review. RECOMMENDATION In order to remain competitive with other surrounding law enforcement agencies, many of whom have recruited our officers, the pay plan for career police officers must be more competitive The City recommends a separate Pay Plan for all "career-path sworn" positions. This Pay Plan design would involve' . Compression of our current "Step" Play from nine (9) steps to seven (7), . 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HSlJ:<..ll::;HJ ..=L!;>.';I1J::;.';I::;;~ -fuh.d IhJJb }JfuJ::ld "::;...~'p.';IJJ:::'.';I:::;j :;; ~H:jJ~.0!J.:J.0 ~'1'J!J,1:l!)...!)U ;;-j:::i1jD:Jf.L:J!J r;,)lJll1Jj::l1Jsy jJj')J",;~ ;:~JJJ:Jj ;J:JfJ/.J!)!J.f)!j ;"111'1 'IJ ':1 ,I ir, -,I ) ; ,'.jJ!"iJ ;-' -,,'_ J J ~C:;'.,'Y) eJ'h:...!. ..D....,.. .) !~.l!.J~~-.!:J,:)lJ~-1 ~ /)4m An-/erson SPECIAL STUDY SESSION AGENDA CITY COUNCIL MEETING CITY OF WHEAT RIDGE, COLORADO 7500 W. 29TH Avenue, Municipal Building April 11 , 2005 5:30 P.M. DINNER APPROVAL OF STUDY SESSION MINUTES OF March 28, 2005 Item 1. &,\,\\vt; ,~.J :Jlf Police Department Radio System, . ,fl ~ ~- /' Police Department Compensation Plan ~'U'j, Ii ,~~V, f' <, \\J. Ll'c~/V ~J ~c:.il" ~{\V,,"e.fo'~' Of":;'i.}..,O \Lf.t~ 'V~" \ \; .A cJ<:'X~ 1PX'-' j-,). /1~\ APPROV AL OF AGENDA -- Item 2. STUDY SESSION MINUTES CITY OF WHEAT RIDGE, COLORADO March 28. 2005 Mayor Pro tem Larry Schulz called the meeting to order at 5 30 P m City Council members present: Wanda Sang, Dean Gokey, Karen Adams, Mike Stites, Lena Rotola, Mayor Cerveny and Councilors Jerry DiTullio and Karen Berry were absent. Also present: Randy Young, City Manager; Patrick Goff, Deputy City Manager; City Clerk Pam Anderson, Gerald Dahl, City Attorney; Alan White, Director of Community Development; Tim Paranto, Director of Public Works, staff APPROVAL OF STUDY SESSION MINUTES OF March 21, 2005 as printed. APPROVAL OF AGENDA Consensus was 6 in favor to amend the agenda to move Item 2 to Item 1 Item 1. Basic Land Use Procedures (Training Session) Gerald Dahl, City Attorney, and Alan White, Director of Community Development, conducted a training session on Basic Land Use Procedures The topic was Subdivisions (Article IV, Chapter 26) Item 2. Voucher Program - Spring Clean-Up Tim Paranto, Director of Public Works, presented the staff report detailing the proposed voucher program Councilor Berry entered at 6 08 P m Discussion followed Direction was given to staff to proceed with the Spring Clean-Up Program at the $10,000 00 level and bring back to Council depending on demand for the program Meeting adjourned at 6 14 P m APPROVED BY CITY COUNCIL ON APRIL 11, 2005 BY A VOTE OF to Lena Rotola, Council President WHEAT RIDGE POLICE DEPARTMENT MEMORANDUM TO: Mayor Gretchen Cerveny and City Council VIA: Randy Young, City Manager FROM: Daniel Brennan, Chief of Police DATE. April 6, 2005 SUBJECT: 2003 Homeland Security Grant: Radio Replacement Project BACKGROUND In 1996, the City purchased the current radio system (system infrastructure, radios, and consoles) for the police, public works, and parks and recreation departments. The Wheat Ridge Fire Protection District was also an end user of the new system, and purchased radios, The current radio system is a Motorola, 5-channel, 800 MHz analog, trunked communication system, At the present time there are two major vendors of public safety radio communications systems within the State of Colorado (1) Motorola (often referred to as the State System), and (2) M/A- COM (often referred to as the Enhanced Digital Access Communications System or EDAC S ) In the past two years, local and national homeland security has become of paramount importance Subsequently, the Federal Office for Domestic Preparedness (ODP) provided financial assistance to selected urban areas through the FY 2003 Urban Areas Security Initiative (UAS I) The Cities of Denver, Wheat Ridge, and the Wheat Ridge Fire Protection District were the recipient of a 2003 UAS I grant in the amount of $ 1,679,18500 to provide a MIA-COM radio system to the City of Wheat Ridge and the Wheat Ridge Fire Protection District. The purpose of the grant is twofold (1) To improve radio coverage for the City of Wheat Ridge, and the Wheat Ridge Fire Protection District, and (2) provide opportunities for radio system interoperability within the Denver Metro Public Safety communities most of whom use the MIA-COM system Included in the grant award was $124,833 19 for improvements of the Denver E.DAC S system As of today, the grant monies available to Wheat Ridge and the Wheat Ridge Fire Protection District is $1,553 529 70 OVERVIEW There are two major issues with the current radio system The first issue is that of radio coverage The City has hired a consultant to assist with this project. The consultant, Pericle Communications Company, has conducted several drive tests throughout the City to determine radio coverage This study shows that the City currently experiences approximately 67% radio coverage throughout the City This has resulted in morale and officer safety issues within the police department, and was mentioned as a recommendation in the organizational assessment report, Page 1 of 4 The second issue involves interoperability Interoperability is the ability to communicate with other public safety agencies The current radio system offers limited interoperability with other agencies Such interoperability involves the "patching" of radio transmissions through the communications center Direct car to car radio interoperability with other law enforcement agencies does not exist on the current system The new system offers more advantages for the following reasons. (1) Our bordering law enforcement agencies (Denver, Lakewood, and Arvada) operate on the MIA-COM system, (2) regional direct car to car interoperability will be possible with other MIA-COM users (Stargate), and other vendors, such as Motorola (Network First) An additional issue involves the purchase of radio equipment for the Parks and Recreation Department and the Engineering Department within Public Works The grant monies can only be spent on those city departments or portions of the department which are considered as "first responders" Therefore, City funds will have to be used to purchase this additional radio equipment for the public works and parks and recreation departments to complete the radio replacement project. ALTERNATIVES The original homeland security grant was submitted on behalf of the Cities of Denver and Wheat Ridge, and the Wheat Ridge Fire Protection District. The negotiations process with Denver was conducted by former Police Chief Jack Hurst. Interim Police Chief Joe Cassa was involved in the final stages of negotiations with Denver The West Metro Fire Protection District also identified an alternative radio system available to the City for consideration. As the proposed Inter-Governmental Agreement with Denver was being finalized, it was decided to re-examine the possibilities with West Metro Fire The City's consultant for this project was requested to conduct a study of these two alternatives, based upon the following factors. (1) Radio coverage, (2) cost, (3) operating relationship, and (4) support, The decision was made to partner with West Metro for the following reasons. .,.. Radio coverage is expected to be slightly better based upon the type of antenna and location of the antenna on Mt. Morrison. There will be two sites accessed by the City The Mt. Morrison site is expected to provide a minimum of 95% radio coverage, and the Green Mountain site is expected to provide a minimum of 85% radio coverage These estimates are based upon the drive tests completed by the Pericle Communications Company );- The recurring costs for the first five years, based upon the negotiated rates with Denver, are less, as are the fixed costs. o Recurring Costs, Denver @ $590 thousand, and West Metro @ $374 thousand, o Fixed Costs Denver @ $1 55 million and West Metro @ $1 53 million. ,. West Metro offers a 25 year IGA, with successive 10 year renewal periods, whereas Denver offers a 5 year IGA, with successive 5 year renewal periods, It is noted that both agencies offer excellent support, with a slight edge to Denver because of their size and scope of the Electronics Engineering Bureau. Page 2 of 4 The police department has been in the process of specifying and listing the necessary equipment for this project. Equipment costs have been listed as follows, Projected Grant Revenues y Original Grant Amount: y Denver Grant Amount: ,. Wheat Ridge Grant Amount Adjustment: Wheat Ridge Grant Final Amount: $1,679,18500 $ 124,83319 $ 822.11 $1,553,529.70 Projected Radio ReIJlacement Project EXIJenses y Police Department: y Municipal Court: y Public Works (First Responder) )i- Accessories ,. Administrative/Project Engineering: y Site Upgrade Costs, y Wheat Ridge Fire Protection District: Total Expenses: $ 596,661 96 $ 16,13900 $ 120,027 00 $ 48,16468 $ 173,75602 $ 263,711 00 $ 355,151.00 $1,573,610,66 Difference Between Projected Grant Revenues And Projected Radio Replacement Project Expenses -$ 20,08096 The reasons for the grant amount being exceeded are twofold. The first involves an increase in costs by the radio system vendor M/A-COM, The pricing originally quoted was current as of 2003 Secondly, the grant requires the APCO P25 common air interface which was not in the original vendor quote. There are additional costs for the police department equipment and software feature that will be incurred in addition to the shortfall noted above These costs are ,. Upgrade of the logging recorder' y Replace police vehicle antennas. y Radio leather holsters (police) y Priority Scan (police)' Total: $10,00000 $ 3,000 00 $ 2,520 00 $11,360,00 $26,88000 The total additional costs that are grant related is $46,960 96 The APCO P 25 common air interface is a software feature to provide radio interoperability between M/A-COM radio systems and Motorola radio systems, This feature provides for direct radio to radio communications between the systems of these two vendors, An upgrade to this feature allowing the direct communication with the dispatch consoles will have to be addressed by City Council at a future date. Page 3 of 4 There are alternatives to the funding of those radio project equipment costs that are not grant funded for the Parks and Recreation Department and the Engineering Section of the Public Works Department Alternatives have been developed for both departments, and are. ).. Fund the Engineering Section equipment costs, which include the P25 interface in the amount of $ 22,832.00 ,.. Fund the Engineering Section equipment costs without the P25 interface in the amount of $ 18,36600 ,.. Fund the Parks and Recreation Department equipment costs to include portable and mobile radios which include the P25 interface in the amount of $ 87,898 00 ).. Fund the Parks and Recreation Department equipment costs to include portable and mobile radios without the P25 interface in the amount of $ 59,502,00 RECOMMENDATION It is recommended that the City enter into an Inter-Governmental Agreement with the West Metro Fire District to provide radio communication services It is expected that the annual City budget for the agreement will be approximately $75,000 00 each year for the next five years. It is also recommended that the City enter into an Inter-Governmental Agreement with the Wheat Ridge Fire Protection District for the provision of radio communication services pertaining to the IGA with the West Metro Fire District The agreement with the Wheat Ridge Fire Protection District sets forth a one-third (1/3) sharing of the communications system cost as specified in the West Metro Fire District agreement With regards to the purchase of radio communications equipment for the City, the following recommendations are submitted for review and approval of the City Council ).. Fund the additional $46,960 96 as explained above due to the cost increases above the original grant costs, ).. Fund the option submitted for those radios in the Public Works Department Engineering Section including the P25 interface in the amount of $ 22,832.00 ).. Fund the option submitted for those radios in the Parks and Recreation Department which includes the purchase of portable and mobile radios to include the APCO P 25 common air interface in the amount of $ 87,898 00 Total recommended funding about grant award is $157,690.96. The inclusion of the APCO P25 feature throughout the City radio system will allow for the sharing of these resources by all City department personnel when the need arises. It is recommended that a contingency fund in the amount of $90,00000 be approved to cover unanticipated costs that may be encountered as this project is implemented This contingency fund is covered by monies approved by City Council in the 2005 budget In the near future, MIA-COM will be making additional upgrades to the APCO P25 feature At this time it is difficult to predict what this expenditure will be It is strongly recommended the City begin to set aside dollars, as we do for the Capital Improvement Project (CIP), speCifically for radio, CAD, and RMS upgrades The contents of this staff report represent the progress made to date with this project. The costs contained within this staff report are preliminary in nature and are subject to change. The City management staff and City Council will be kept informed of any changes. Page 4 of 4 CITY OF WHEAT RIDGE PUBLIC BEARING ROSTER AGENDA ITEM NO.2. PUBLIC BEARING BEFORE THE WHEAT RIDGE CI'l'Y COUNCIL CASE NO. COUNCIL BILL NO. 04-2005 TITLE: COUNCIL BILL 04-2005 AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING AGGRESSIVE SOLICITATION. PLEASB PRIIn YOUR NAME A1!ID ADDRESS CHECK IN FAVOR OPPOSED IF YOU NEED MORE ROOM PLEASE SIGN ON BACK OF PAGEl CITIZENS' RIGHT TO SPEAK DATE: April 11, 2005 ANY PERSON MAY SPEAK ON MATTERS O'l'HER THAN AGENDA ITEMS FOR A MAXIMUM OF THREE MINUTES, UNLESS ADDITIONAL TIME IS GRANTED BY AGREEMENT OF COUNCIL. EACH SUCH PERSON MUST SIGN THE PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AlIDTOPICOF COMMENT. RI"'....PB.l:JI'1'4IUU U.. NAME ADDRESS TOPIC DATE: April 11, 2005 GENERAL AGENDA ITEM COMMENT ROSTER ANY PERSON MAY SPEAK CONCERNING EACH SUCH PERSON MUST SIGN THIS ROSTER. STATING NAME. ADDRESS. AND AGENDA ITEM NUMBER. THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF. OR IN OPPOSITION TO. A PUBLIC HEARING, MUST SIGN THE APPLICABLE PUBLIC HEARING ROSTER. - v"'~ - NAME ADDRESS AGENDA ITEM NO. D' f ) . ..... 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[MJtmlfIS CITY OF WHEAT RIDGE, COLORADO \, Q I ~,'. ::;\..; April 11. 2005 VJ~ " '\'~, ~ , ",,;, "J ,(' \\.o'--,it ;:r C" '\, ",, '<oW Mayor C~ ed the Regular Ci!y Council Me3l~ng to order ~'OO p m gpuncilmemb~rY' present: are Adam Karen,;3errf," Jerry DiTullio, Dean Gokey, Lena Rotola, Wanda Sang, Larry Schulz, an I e Stites' Also present: City Clerk, Pamela Anderson, City Manager, Randy Young, City Attorney, Gerald Dahl, Director of Community Development, Alan White, Director of Public Works, Tim Paranto, staff; and interested citizens, r'" ~" f ...,~~ ~'" 4Jr1r r APPROVAL OF MINUTES OF March 28. 2005 Motion by Mr DiTullio for the approval of the Minutes of March 28, 2005, seconded by ~~""\ carried ':::-t.l,,-,C1 e::-{.',,- \ Il"" -~ f~ 1-0 . ~/~ PROCLAMATIONS AND CEREMONIES Mayor Cerveny read the Proclamations for Crime Victims' Rights Week - April 10-16, 2005 Wilmore-Davis Elementary School 50th Anniversary Celebration ?rcs0e-,. f- De \u,lvvu/e~ l/c,'v IS PI/+ ('f..,{'","?, reI' CITIZENS' RIGHT TO SPEAK ~ :/\0.<0:: G-vv:/L , -~ ,~ t' J; :~cl,-;'\11t-:'-.'-{-1! ';r-... . APPROVAL OF AGENDA C ' ',-' "f\, f\. ~ IJ- .,\ \-(, (, f1 \ \.\. ' \ I' ' ( ')i:" r I L'\ Motion by , carried to amend the agenda to include Item 6 ---r " ,- \~(r . N , \\ \'- ''-' \;'I" \~ " and Item 7 / , seconded by y-, It. ",~ Motion to approve the agenda as amended, seconded by ,carried t- G " ~'iliAI 2) CITY COUNCIL MINUTES April 11, 2005 Page -2- Item 1. Consent Aaenda: A Award ITB-05-13 2005 Miscellaneous Drainage Improvement Project in an amount not to exceed $97,625.22 (including contingency) B RESOLUTION 17-2005 A RESOLUTION APPROVING THE PIERCE STREET UTILITY UNDER-GROUNDING PROJECT, APPROVING THE EXPENDITURE OF FUNDS IN THE AMOUNT OF $180,000 FOR THE PROJECT, ALONG WITH AMENDING THE FISCAL YEAR 2005 CAPITAL INVESTMENT PROGRAM (CIP) BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION OF $80,000 C RESOLUTION 18-2005 A RESOLUTION APPROVING AN AGREEMENT REGARDING FUNDING OF MAJOR DRAINAGEWAY PLANNING UPDATE AND FLOOD HAZARD AREA DELINEATION FOR CLEAR CREEK, ALONG WITH APPROVING EXPENDITURE OF FUNDS IN THE AMOUNT OF $35,000 FOR THE PROJECT D Approval of a contract for services with C4i Design Group for the design of HVAC, roof and electrical improvements at City Hall in an amount not to exceed $55,292 (including contingency) Consent Agenda was introduced and read by I,JJr, ;;-c:,Vj":y !. w f - D. Motion by rtv. ~ for approval of the Consent Agenda, seconded by ~? ~ carried {;, I t ('{Lt() . CITY COUNCIL MINUTES April 11, 2005 Page -3- PUBLIC HEARINGS AND ORDINANCES ON SECOND READING Item 2. COUNCIL BILL 04-2005 AN ORDINANCE PROHIBITING SALES AND SOLICITATIONS IN CERTAIN PLACES, AND PROHIBITING /1 AGGRESSIVE SOLlCITATION....__ cd VCt1oYtt:'~~ '1~I/'I.<JL\ (C1 ~'{w, c',ycluc:J ,{ I.. \"/A.Cc.( l,c,,- :.l. 5. '. r--------=-:-:......, (J~ Council Bill 04-~005 was introduced on second readihg by Mrs Rotola.! City Clerk Pam Anderson assigned Ordinance No 1342 - \ Motion by Mrs Rotola to approve Council Bill 04-2005 (Ordinance No 1342) on second reading, and that it take effect upon adoption, seconded by carried t ~~:~~~'\'I<",-,Y lJ(\ ' \ Le \ (it _1-' -I 1\ ~'c L ~lP"'Scc D 'S,<..'v-c" , \ ltQ \ \NO '( (rt'W e 'l I( " Tt ~.'~ ,), L'v, i"~ ') C :'7, <. <. Vtev",." --~ J:w~ 0"-Lev.cL,-<; ( 1,...,\ (,(1 V\;\.L'x. ~ ~ f,_f. flp.-/' ( O...{M,J...lWicr ~/cA~ -. - -. / -'-':"'2J-"(;:~"" --..... ' /.r- .~, l' ).L, ..j..-/ , , j,.... ~ j ) /./ ~"_.../ f ( r II cI,,, 1(., ~ I \ ([,,'t ' ., ~~)~,___...-: ,_, ,-""......-t --... I ;' 1-> f' f ' 1--<"/ ) q' / , ,. \\ I ~ l\ ~)- ( , UlU ~(' l/V') ~ ---- - .-------- --------------------- CITY COUNCIL MINUTES. April 11. 2005 Page -4- ORDINANCES ON FIRST READING Item 3. COUNCIL BILL 05-2005. AN ORDINANCE AMENDING SECTION 2-53 (d) OF THE WHEAT RIDGE CODE OF LAWS PERTAINING TO VOTING RULES FOR THE BOARD OF ADJUSTMENT (Case No WCA-05-01) Council Bill 05-2005 was introduced on first reading by Mr DiTullio Motion by Mr DiTullio to approve Council Bill 05-2005 on first reading, order it published, public hearing set for Monday, May 9,2005 at 7'00 p m in the City Council Chambers, and that it take effect 15 days after final publication, seconded by 0-h-f-y-- carried 1~ C . DECISIONS, RESOLUTIONS, AND MOTIONS Item 4. RESOLUTION 19-2005 A RESOLUTION AMENDING THE FISCAL YEAR 2005 GENERAL FUND BUDGET TO REFLECT THE APPROVAL OF A SUPPLEMENTAL BUDGET APPROPRIATION IN THE AMOUNT OF $60,000 FOR THE PURCHASE OF A REPLACEMENT VAN FOR THE SENIOR PROGRAM " Resolution 19-2005 was introduced by Mr Gokey ! ~ \M.,J1n. f---:: Motion by Mr Gokey to approved Resolution 19-2005, seconded by carried Item 5. S~ !vOA / /J '7 --- C . Planning Commission Appointment, District II Motion by Mr Gokey to appoint Cassandra Spaniel to ~ Planning Commission, term to expire March 2, 2008, seconded by 0CAN\(1 carried )~O. u ("'((111"'1'17 U/l--rt 10 ng0-i-<- (20!,-(1,,(J ~fic/...,~. 1;" .~1/(r;","...fJM/ / VYI1vl/(Ah'L-- - -"{'~I"''//w -'1.;- , (f f,.1 I fA V ~IHC" 1 (j /-(;(.': . v - /., J'- I I ' I,) RESOLUTION 20-2005 A RESOLUTION TOAP.BRGVE-=fH&RADtO RH'-LAG€MEN=r-fJRDJECT (/ (vbt r IT ~ i -I ( I ('~ T" i ~j'( {-\'V (V ( \: 111_ C \ A 'tU'eU..Hic;i'/XL. ,;;,I\V(,Y i !\?('~~C,l\ '(' dIrt,! Resolution20-2005wasintroducedby \lL,\~f~. 1t-"ll1t !\1'\(\,10C l-{~ d \r,i Lolj(.(il\~;IC H~ A,cLc ( \1$';:',= ",'C',;TS A~CCll\ll:'!) I,.,t/tt i\tf '?-AV\ 0 Motion by to approve Resolution 20-2005, secon.ded by ,carried ~fXlAC.r-+\j;;r.)r 1\'11 Jf('.-C (~t& I~Anhu/'/ ~-, I!''':;~ l>If.\I' 111'(, AthVl. lHf vt.f\."''. \ ,,' G~4\\..\~\' 'P'/l"'",-,,?-p - ( ,tlll ,1' L'l..-t 2 Item 6. ,. CITY COUNCIL MINUTES April 11, 2005 :1( ,( ) \01 i [ L ~\I [, T?t<< A 'r ,'i'(,HA. v'- Page -5- ") , 'j) Jl/~ ......, '''l 'I.... J_ ) J, ~"~Ij'~ r ,1,'I'J'/.i'/ , T l Y, t, ,( -i{~ ,~( \ t L Ie I'el'! , -, 1 "-~~~\." J I ,---/...',\J- \,-,' r ~ ~ ' ,---" .4,7"1 \.......-', ./ , ' \ r 1,1 '~ I'" V L' , :, ;-"'1' ~ '-" I J. \ II '\! .\. ll: l l..-\",. , ' n 'r -'-, ' . - ,~ " , \ . l~ (I Item 7. I":'r, :,),"( - 1 "1,' /'V'c Ck/' ,d-:::I\L RESOLUTION 21-2005 A RESOLUTION TO At-'F'KOVE TilL l'ulWE- C0r1PDJ3ATIOI<l PLAr~ ,ll' ,,','(rG: I, ~ ...\ (~UaP r( o,e t1jll;;t:[tu(cl l ~ (.<'( (' - I (4: I (eft _ C:;,i'\; \~,\M t-T 'Z r=E\~..ECT lltf-=: Mfy{)\!7tt~ rr I~- ClAVflE t'tf1\,KTh.... !3v\J;(r.B\ fR\'V..cX(:..\ mlc.,$ I to.. \ '11ll' AN\[hl\n Lf- (\ qr (ir.O ~1 -' , {l>V' II ,,-\Y1.'-.\ .(/\'( (L(\,,- \-:."~ ( o.""t!,/, e.. V ~ ((IfiLL/{ r- ?:P"!IIIv II> ! CII).,-i'_, , (.., , :~~~ _'.r..'~.. '-_', /1 ''--. -" ,.. - - ~ \> .- -- /' .. ,,,,,;,,,-,,-, L. -\l-r:.l- ~ -r J ~-?-=...:..- ...: V......--:f'<-{'-, \" ____ - 'IJ ~- ,=>-, ," ~...---- \--=. "\U,-"Cl=-- &'1,7.. . / (J .' CITY COUNCIL MINUTES' April 11, 2005 Page -6- ,Cll"Y MANAGEWS-MAHERS , ' "--- /' ? '- -- CITY ATTORNEY'S MATTERS ELECTED OFFICIALS' MATTERS ~ ' c' C:i Meeting adjourned .arprn- Pamela Y Anderson, City Clerk APPROVED BY CITY COUNCIL ON APRIL 25, 2005 BY A VOTE OF to Lena Rotola, Council President 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. Tape recordings and video recordings of the meetings are available for listening or viewing in the City Clerk's Office, as well as copies of Ordinances and Resolutions.